Terms of use

Welcome to [www.terrahasta.com]!
These Terms of Use (“Terms”) of use of www.terrahasta.com (“Website”) are between LoomCraft Creations Private Limited (“Company/We/Us”) and its users/sellers (“You/Your/User(s)”).
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Please read the Terms and the privacy policyof the Company (“Privacy Policy”) with respect to the use of the Website carefully before using this Website or any Services (as defined below) through the Website. In the event of any discrepancy between the Terms any other Website policies, the provisions of the Terms shall prevail.
Your use of the Website or the Services provided by the Website shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
If You do not agree with the Terms or the Privacy Policy, please do not use the Website or avail the services provided by this Website.
 
  1. Introduction:
The Website is an Internet based e-commerce portal operated by the Company which is a company under the Companies Act, 2013. The Website is a platform that serves as a facilitator between buyers and sellers wherein You can purchase products displayed on the Website, at the price provided against the products by the respective sellers. Every sale/transaction that takes place through the Website shall be strictly between You and the seller and the Company shall not be a party to such sale/transaction in manner whatsoever.
  • Use of the Website is offered to You on the condition that You accept the same without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time.
  • We reserve the right to amend these Terms from time to time as We deem fit and Your continued usage of the Website shall deemed to be Your acceptance of the Terms. We recommend that, You keep yourself updated with the Terms, however we do not hold the responsibility of informing You of any amendments.
 
The Website withholds all rights to not accept a User from registering on the Website without assigning any reason thereof. The Website has the discretion to suspend or terminate Your Account (as defined below) with or without providing You any reason or notice. You may terminate Your account at any time by closing Your Account for any reason. To deactivate Your Account, You may send an e- mail to us at care@terrahasta.com. You understand that, upon such deactivation, We may be required to maintain some of Your information if required under applicable law and for the duration as specified therein. If You are a seller registered on the Website, You shall ensure that all the obligations that accrued prior to the termination of Your account are necessarily fulfilled by You.
 
  1. Services offered on the Website:
  • The Website offers a platform that facilitates the sale and purchase of merchandise (such as Indian handicrafts) by various third party vendors/service providers/merchants (“Vendors”) to the Users. The payment for any purchase made by You must be done on the Website as a one time payment of the entire amount.
 
  1. Eligibility Criteria:
  • The services offered on the Website are not available to all those individuals who are not qualified to enter into a contract as per the Indian Contract Act, 1872.  By using the Website, You represent and warrant that (a) all registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information, and any changes thereto by regular updates of any such information; (c) You affirm that You are over 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms; and (c) You shall use the Website or such other services provided under the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Your profile may be deleted and Your membership may be terminated by the Company without warning, or without any notice whatsoever, if We believe that You have violated any of the conditions as mentioned under the Terms or Privacy Policy. 
  • The Company reserves the right to grant or refuse usage of the Services available on the Website. It can also terminate the usage by an existent User of the Website without assigning any reason.
  • The Website does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. 
 
  1. User Account:
  • You will be required to create an Account, if You only wish to avail the services offered on the Website. Or in the alternative, you may use your face book account, google account or any other social media account as allowed by the Website to create an Account on the Website.
  • In order to access the services and to avail the use of the Website, You shall be required to register yourself with the Website, and maintain an account ("Account") with the Website. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, payment information (credit/debit card details) if required, and any other information deemed necessary by the Website ("Account Information"). 
  • It is Your sole responsibility to ensure that the Account Information provided by You is accurate, complete and latest.
  • The Account Information provided by You, may be shared by the Company with any third party for its internal record keeping purposes, internal procedures and with various brands to enable them to inform You about any schemes, offers, discounts etc.
  • Upon completing the registration process, You can start availing the services offered on the Website immediately. You shall be responsible for maintaining the confidentiality of the Account information and for all activities that occur under Your Account. You agree to (a) ensure that You successfully log out from Your Account at the end of each session; and (b) immediately notify the Company of any unauthorized use of Your Account.  If there is reason to believe that there is likely to be a breach of security or misuse of the Your Account/ Website, We may request You to change the password or we may suspend Your account without any liability to the Company, for such period of time as We deem appropriate in the circumstances. The Website shall not be liable for any loss or damage arising from Your failure to comply with this Clause.
  • You acknowledge that Your ability to use Your Account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee availability of the Website at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your Account and access the services of the Website at any time.
 
  1. Termination of Your Account:
  • The Company may in its sole discretion and without prior notice, terminate Your access to the Website if it determines that You have violated the these Terms or You have consistently been cancelling or returning the products purchased by You. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws. You acknowledge that any violation by You could result in irreparable harm to the Company and monetary damages may be an inadequate remedy to rectify such harm.
 
  1. Use of the Website:
  • Subject to compliance with the Terms, the Privacy Policy, and all other applicable terms and guidelines, the Company grants You a personal, non-exclusive, limited privilege to access and use this Website and the services provided thereon. 
  • No User shall be permitted to perform any of the following prohibited activities:
  1. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
  3. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  4. Interfering with any other person's use or enjoyment of the Website;
  5. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else ;
  6. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
  7. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  8. Use any of the Company’s domain names;
  9. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website;
  10. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website/services, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
  11. Access or use the Website in any manner that could damage, disable, overburden or impair any of the Website's servers or the networks connected to any of the servers on which the Website is hosted;
  12. Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms;
  13. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
  14. Interfere with, or inhibit any user from using and enjoying access to the Website, or the services, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website;
  15. Access the Website through any other means other than through the interface that is provided by the Company;
  16. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website;
  17. Alter or modify any part of the services;
  18. Use the services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
  19. Violate any of the terms specified under the Terms for the use of the Website.
 
Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority.
  • You acknowledge and agree that by accessing or using the Website, You agree to indemnify and hold the Company, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website or any loss/damage that is caused to the Website/the Company as a result of Your committing any of the aforesaid prohibited activities 
  • The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website or the services as it deems fit at any time without notice. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Website.  You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website.
  • You acknowledge that the Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users (buyers or sellers). You are advised to independently verify the bona fides of any particular user that You choose to deal with on the Website.
  • Pricing of any product(s) as reflected on the Website, due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event the seller may cancel such Your order(s).
 
  1. PAYMENT MECHANISM
  • The payment with respect to any purchase made by You shall be made through the secured payment gateway provided on the Website. This payment gateway shall be governed by the terms and conditions agreed between You and the Your issuing bank.
  • You understand and acknowledge that the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit set by your bank, or
  3. Delay in processing the transaction; or
  4. Any payment issues arising out of the transaction; or
  5. Decline of transaction for any reason/s.
  • All payments made against the purchases on the Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Website.
  • Before shipping / delivering Your order to You, the seller may require You to provide any supporting/identification documents to establish the ownership of the payment instrument used by You. This is in order to provide a safe and protected shopping experience to You.
  • You expressly understand and acknowledge that We do not provide You with the ‘cash on delivery’ option for any products available on the Website.
  • Any payment transaction entered into between You and the seller shall constitute and legally binding contract to purchase the products from such seller using the payment gateway. The payment shall be made through your issuing bank by utilizing the secured payment gateway on the Website.
 
 
  1. Role of the Company
  2. The Website is a platform wherein various sellers can display their products for sale to the end customer. The Company is not a party in any manner to whatsoever to any transaction that takes place between You and the seller.
  3. You understand and acknowledge that:
  • All commercial terms with respect to the purchase are solely between You and the sellers of such products. In no event shall the Company shall not be held liable or responsible for any breach by You or the seller.
  • The prices of the products including discounts and offers have been ascertained by the respective sellers and the Company is not responsible for the same;
  • The Company does not make any representations and warranties with respect to the products;
  • The Company does not endorse any particular seller;
  • The Company does not, at any point of time, come into possession of the products nor does it have any title to or interest in the products;
  • The Company shall not be held responsible for any product that is unavailable or whose shipment has been delayed or for any product that is defective or does not match the specifications stated by the seller;
  • The Company cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website;
  • The Company shall not and is not required to mediate or resolve any dispute or disagreement between You and the sellers.
 
  1. Indemnification:
  • You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Website; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
 
  1. Limitation of Liability:
  • In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Website.
 
  1. Pricing:
  • Prices of all the products on the Website are given in Indian Rupees which is the only acceptable form of currency to make payments on the Website.
 
  1. Ownership and Intellectual Property Rights:
  • The Website and the materials therein including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code and any other information or materials of any nature whatsoever on the Website is owned and controlled by the Company and such content is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
  • The trademarks, logos and service marks displayed on the Website or on the Website (the "Marks") are the property of Company or the respective third parties. You are not permitted to use the Marks without the prior consent of the Company or the third party that may own the Marks.
 
  1. Products Purchased from the Website:
  • The Terms as stated herein are only applicable to the services rendered to You by the Company. Upon the purchase of any products from the use of the Website, Your use of such products shall be governed by the terms and conditions as stipulated by the particular brand for the use of such products.
  • The Company does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
 
  1. Governing Law and Jurisdiction:
  • The Website, the Terms, all transactions entered into on or through the Website and the relationship between You and the Company shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
  • You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms, any transactions entered into on or through the Website or the relationship between You and the Company shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore and You hereby accede to and accept the jurisdiction of such courts.
 
  1. General Provisions:
  • Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Website. Any notice to be provided to the Company should be sent to care@terrahasta.com.
  • Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable by the Website from time to time, constitute the entire agreement between the Company and You with respect to Your access to or use of the Website and the services thereof.
  • Assignment: You cannot assign or otherwise transfer the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
  • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
  • Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
  • Relationship: You acknowledge that Your participation on the Website, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
  • Discounts and Coupons: Where any product available on the Website is at a discount, then the terms and conditions pertaining to such discount offer shall be applicable. Any product purchased through a coupon shall be governed by the terms and conditions of such coupon.
  • The Company provides these Terms on the Website so that You are aware of the terms that apply to Your use of the Website. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.
  • In the event that you participate in any promotional activities through the advertisers on the Website, the Company shall not be held responsible for any loss or damage caused to you in this regard.
 
  1. Feedback:
  • Any feedback You provide to this Website shall be deemed to be non-confidential. The Website shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Website may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
  • Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Website.
 
  1. Customer Care: 
We make all best endeavors to provide you with a pleasant experience. In the unlikely event that You face any issues, please contact us at care@terrahasta.com.
 
 
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