TERMS OF USE POLICY

1. GENERAL TERMS :

1.1. This document is an electronic record in terms of Information Technology Act, 2000 and Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.2.This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the intermediary’s computer resource by any person. The Intermediary herein is M/s. KASHISH Arts Foundation and computer resource referred herein is domain name http://mumbaiqueerfest.com (hereinafter referred to as “Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”).

1.3. The Website is owned by M/s. KASHISH Arts Foundation, a chartiable trust whose Chairperson is Sridhar Rangaihn with its registered office at 705, Bali Residency, Rathodi, Marve Road, Malad West, Mumbai 400095(hereinafter referred to as “KASHISH Arts Foundation”).

1.4. Your use of the Website and services and tools are governed by the following terms and conditions (hereinafter referred to as “Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transactions. By mere use of the Website, You shall be contracting with M/s. KASHISH Arts Foundation and these terms and conditions including the policies constitute Your binding obligations, with KASHISH Arts Foundation.

1.5. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean and include any natural or legal person who surf the Website, agrees to become a buyer on the Website either by providing Registration Data while registering on the Website as Registered User using the computer systems or any other person who is not Registered User. KASHISH Arts Foundation allows the User to surf the Website or make purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean M/s. KASHISH Arts Foundation.

1.6. When You use any of the services provided by Us through the Website, including agreeing to buy any product or shipping of product or exchange/replacement or warranty or refund or writing product reviews / brand reviews and so on, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes shall mean that You have accepted and agreed to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

1.7. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Policies of KASHISH Arts Foundation (including but not limited to Privacy Policy available at Privacy) as amended from time to time.

1.8. All products/services and information displayed on the Website, along with mention of MRP and applicable taxes, form an “invitation to offer”. Your order for purchase forms your “offer” which shall be subject to the terms and conditions as detailed this Terms of Use. We reserve the right to accept or reject your offer. If You have registered with Us with your valid email address or if You have valid email address at the time of placing order on the Website, We will notify You by email as soon as possible to confirm receipt of your order. However, in case we do not wish to accept the order for any reason including unforeseen events, non-availability of stock, inability to deliver at given address, the same may be informed to you on email. Our acceptance of your order will take place after 48 hours have elapsed since you placed the order.

1.9. Eligibility of User :- 

1.9.1. Transaction on the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including undischarged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you may use the Website or access content on the Website only under the supervision and prior consent/ permission of a parent or legal guardian.

1.9.2. As a minor if you wish to transact on the Website, such transaction on the Website may be made by your legal guardian or parents. KASHISH Arts Foundation reserves the right to terminate your membership and / or refuse to provide you with access to the Website, if it is brought to our notice or if it is discovered that You are under the age of 18 years and transacting on the Website.

1.10. Your Account and Registration Obligations :-

1.10.1 If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

1.10.2 Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Website. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Website through a onetime password verification.

1.10.3 You agree that We shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

1.10.4 If You share or allow others to have access to Your account on the Website (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

1.11. You may not use the Site for any of the following purposes:

(a) Publishing any illegal, distressing, slanderous, offensive, threatening, injurious, vulgar, explicit, or otherwise unacceptable material.
(b) Transferring information that supports behavior that ends in civil liability or otherwise infringes on any related laws, rules or code of conduct or represents a criminal offence.
(c) Getting illicit access to other computer systems.
(d) Interfering with any other person’s use or enjoyment of the Site.
(e) Breaching any applicable laws.
(f) Interfering or disrupting networks or web sites connected to the Site.
(g) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Design details and Colours.

We have made every effort to capture high resolution images of our products so that you get a feel of the design details and colours of our products that appear on the Site as accurately as possible. However, what you actually see will depend on your monitor; we cannot guarantee that your monitor’s display of any colour or other details will be accurate.

1.12. You Agree and Confirm :

(a) That you will employ the products and services offered by Us, its associates, consultants and contracted enterprises, for legal purposes only and observe with every relevant rule and regulation while using and/or transacting on the Website.
(b) You will offer factual, correct, comprehensive and up-to-date details in all cases where such evidence is asked of you. We withhold the right to verify and substantiate the information given by you at any point of time. If during verification, your details are found to be false (completely or partially), we reserve the right in its sole discretion to refuse the registration and prohibit you from using the Services of the Website and / or other affiliated websites without prior notice whatsoever.
(c) To compensate for any additional cost sustained for redelivery if a nondelivery occurs in the first instance due to any mistake made by you (i.e. wrong name or address or any other wrong information).
(d) That you’re employing your optimal and wise discretion prior to arriving into any contract through this site, and doing the same only at your own risk.
(e) After ordering a product you agree to oblige by the terms of sale given in the product’s description.

1.13. Communications – 

When You use the Website and Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

2.0 GUIDELINES FOR WRITING PRODUCT REVIEW ON THE WEBSITE : 

2.1. Anyone who has a registered account with the Website is eligible to write a product review. While there aren’t any specific rules that need to be followed, we have proposed following guidelines that You shall to adhere to while creating a review.

2.2. Be accurate and to the point – You shall keep in mind that the reviews that You write will help other visitors in forming an opinion about the product(s) in question. So please be precise and factually correct in your reviews. Moreover, please keep the reviews as concise as possible, stating only relevant facts that will help the buyer in making an informed decision with regard to buying the product.

2.3. Write complete and comprehensive reviews – You shall not miss out on any material information or important details while writing the review. Be clear about your likes and dislikes with respect to every aspect of the product.

2.4. Proofread the review before submission – Spelling and grammatical errors make readers question the credibility of your review while long-winded, poorly constructed sentences make it hard for readers to quickly understand the point(s) you’re trying to make. So, it’s a good idea to give your review a thorough read before submitting it.

2.5. Things need to be avoided while writing a review – We  reserve the right to not include the product review that include any one or more of the following –
(a) Spam or inappropriate content – like promotional information or phone numbers.
(b) Details that are irrelevant to the product – Delivery Experience, availability, ordering, etc.
(c) Factual errors in product information & product catalogue.
(d) Plagiarizing (Copy-pasting) text from other reviews, guides, or sources.
(e) Comments on other reviews posted on the product page.
(f) Foreign language content.
(g) Irrelevant information or content containing obscenity

3. OTHER TERMS :

3.1. Reviews, Feedback, Submissions:
The consumer or the User understands and accepts that every discussion for reviews and ratings, remarks, observations, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications. We do not control or validate the content, views, communications or material present in any Community, and, thus, We expressly deny any responsibility regarding the Communities and any actions rising from user involvement in any Community, including any objectionable content. Typically, any communication which, the user publishes on the Website (whether in discussion groups, message boards or otherwise) is considered to be public. If certain web pages allow the user to submit content or communications, which shall be considered by Us as private, the same intention would be expressly declared on those pages. By publishing reviews, comments, testimonials or other information on the Site, User gives Us consent to employ the same content for marketing, promotions advertising, research or any other legal activity.

3.2. Copyright & Trademark –

3.2.1. The things and material posted or made available on this Website, including the Microsites, is Our sole property and can only be used with our expressed permission. ANY REPLICATION, ALLOCATION, TRANSMISSION, POSTING, LINKING, DEEP LINKING, OR ANY OTHER MODIFICATION OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS

WRITTEN PERMISSION OF US IS FORBIDDEN. Any exploitation of the things and material posted or made available on this Website, might result in a copyright, trademark or other intellectual property right violation that could lead to possible civil and / or criminal liabilities.

3.2.2. This site and its microsites consists of copyrighted material, trademarks and other copyrighted material, including, but not limited to, text, software, pictures, video, illustrations, music, sound, and the complete contents of website safeguarded by copyright. We retain a copyright in the selection, coordination, arrangement and improvement of such content, as well as in the content original to it. User cannot change, publish, spread, contribute in the transmission or sale, create derived works, or in any way misuse, any of the content, entirely or even partially. User may download / print / save copyrighted material for his/her personal use only. Except as otherwise explicitly mentioned under copyright law, no replication, redistribution, retransmission, publication or commercial use of downloaded material without the explicit consent form Us and the copyright owner is allowed. If plagiarism, redistribution or publication of copyrighted material is allowed, no alterations in or removal of author attribution, trademark legend or copyright notification will be given. User recognizes that he/she/it will not obtain rights to any ownership by downloading copyrighted material. Trademarks that are present within or on the Website  or a Website otherwise maintained or functioned in conjunction with Us will not be considered to be in the public domain but instead the restricted property of owners, unless the site in question is under license from the Trademark owner thereof in which case such license is for the sole advantage and use of KASHISH Arts Foundation, unless otherwise mentioned. The user won’t upload, post or otherwise make available on this site any material safeguarded by copyright, trademark or other proprietary right without the explicit authorization of the copyright holder, trademark holder or other proprietary right holder. We don’t have any specific liability or responsibility to give the user signs, markings or whatsoever else that might help him/her in deciding if the content in question is copyrighted or trademarked. User will be held entirely responsible for any loss or damage arising from any breach of copyrights, trademarks, proprietary rights or any injury arising from such a submission. By publishing content on any public part of this site, user guaranties that the holder of such content has explicitly granted us the royalty-free, permanent, irreversible, non-exclusive right and license to use, replicate, change, modify, distribute, interpret and publish said material (partially or completely) across the globe and/or to include it in other works in any known format, method or technology or developed for the full tenure of any copyright that may exist in such material. User also allows any other consumer to access, see, store or replicate the content for that consumer’s private use. User hereby gives us rights to change, replicate, publish and transmit any content made accessible on this site by the end user. We reserve the right to end the contract with any consumer who repeatedly breaches copyright rights on notice to us by the holder of the aforementioned copyright.

3.2.3. The preceding provisions of this section are equally applicable to and are for the advantage of KASHISH Arts Foundation, its affiliates, associates and its third party content providers and licensors and each of these parties owns the right to proclaim and impose such provisions directly or on its own behalf.

3.3. Indemnity:
You agree to protect, indemnify and render harmless Us, Our workforce, management, officers, representatives and their beneficiaries against all claims, liabilities, damages, losses, costs and expenses, including lawyer fees, initiated by or resulting from claims basis your actions or inactions, which leads to loss or liability to Us or any other party including but not limited to violation of any warranties, representations or activities or with relevance to the non-implementation of any of your responsibilities under this contract or occurring out of the infringement of any pertinent rules, laws and regulations comprising but not limited to Intellectual Property Rights, clearance of legal dues and taxes, claims related to slander, libel, disruption of rights of privacy or promotions, loss of service by other subscribers and violation of intellectual property or other rights. This section will endure beyond the termination of this User Agreement

3.4. Limitation of Liability and Disclaimers:
We have made available this website exclusive of any assurances or guarantees and in an “As Is” condition. All risks pertaining to the usage of the website must be borne by the User. Whilst We make every attempt to ensure that content present on the Website is factually accurate, trustworthy and of good quality, We shall not bear liability even if it isn’t the case. We shall not be held liable for any mistakes or oversights or for the consequences occurring from the usage of such details or for any technical issues You may go through when browsing the Website. This disclaimer comprises an integral part of this contract. To the maximum range permissible within the relevant laws, We or our vendors will not be held legally responsible for any secondary, supplementary, exceptional, incidental, resultant or standard damages, inclusive of but not limited to, damages due to loss, goodwill, usage, information or other indefinable damages occurring due to usage of this Website and its services or this contract. Without bias to the overview of the provision detailed above, the aggregate responsibility of KASHISH Arts Foundation to you for all obligations stemming from this agreement be it in tort or contractual is restricted to the price of the merchandise that you have ordered. KASHISH Arts Foundation, their contractors and affiliates and technology partners account for no representations, guaranties or warranties about the truthfulness, dependability, comprehensiveness, recency and/or timeliness of any material, details, software, written content, images, links or communications offered on or through the usage of this Website or that the functioning of the Website will be without any mistakes and/or continuous. Therefore, we undertake no responsibility whatever for any financial or other loss borne by you due to the delay, breakdown, disruption, or corruption of any documents or other information transferred in relation with usage of this website; and/or any disturbance or mistakes in the operation of this Website.

3.5  Site Security:
You are forbidden from breaching or trying to break the security of this Website, incorporating, without limitation,
(a) Procuring access to information unintended for you or logging onto a server or an account that you have no authorization to access;
(b) trying to investigate, scan or examine the susceptibility of a system or network or to violate security or verification methods without appropriate permission;
(c) endeavouring to obstruct the service provided to any other end user, host or system, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
(d) sending unwelcome email, including promotions and/or advertising of products or services; or
(e) faking any TCP/IP packet header or any part of the header material in any email or newsgroup posting. Breach of system or network security could lead to a liability of criminal or civil nature. We will examine occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to disrupt or attempt to disrupt with the smooth functioning of this Website or any activity being performed on this Website. You accept, additionally, not to use or try to use any engine, program, appliance, proxy or other device or method (including without limitation browsers, spiders, machines, aliases or intelligent agents) to browse or explore this Website apart from the search engine and search agents available on this Website and apart from typically used third party web browsers (Safari, Mozilla Firefox, Google Chrome, etc.)

4. MISCELLANEOUS :

4.1. Notwithstanding anything contained in this Terms of Use, we shall not be liable for any loss, injury or penalty as a result of any delay in delivering or not adhering to any of these terms hereunder because of any reason outside our control, inclusive of, without limitation, any actions taken by the consumer, restriction or other administrative action, rule or demand affecting the management of Our business, fire, bomb blast, accident, robbery, sabotage, revolt, acts of war, strikes or other workforce problems, lightning, flood, storm or other natural disasters.

4.2. This Terms of Use is an agreement along with all guidelines regarding the usage of the Website and policies laid down by Us shall be considered to be the contract of the parties with regard to the matter hereof.

4.3. If a court of competent jurisdiction rules that any portion of this agreement is invalid, such invalidity shall not negate the legal validity of other sections cited in this contract and the other aspects of this contract shall hold good in complete effect.

4.4. This contract shall be administrated by laws of India, subject to the jurisdiction of courts in Maharashtra, without reference to conflict of laws principles, if any.

4.5. We as a business shall have no responsibility whatever in regard to any harm or loss stemming directly or indirectly from the failure of authorization for any transaction, on account of the Cardholder if he surpasses the predetermined limit mutually agreed by us with our acquiring bank periodically.