Terms & Conditions
Please read the following terms and conditions very carefully. Your use of services is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Tana Bana Marketing Private Limited and its affiliates.
a) www.tanabanacrafts.com website ("Website") is an Internet based content and e-commerce portal owned and operated by Tana Bana Crafts, a sole proprietorship firm incorporated under the laws of India.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. TanaBanacrafts.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You are responsible for maintaining the confidentiality of your account and password on the website. Any activities that occur under your account and/or password are your responsibility. Therefore, it is important that you take all necessary steps to ensure that the password is kept confidential and secure. You agree to inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
You should ensure that the details provided to us are correct and complete. We should be informed immediately of any changes to the information that you provided when registering. TanaBanacrafts.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
TanaBanacrafts.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to create customized merchandise like Sarees, Dupattas, Stoles , other handcrafted products etc (collectively, "Products"). TanaBanacrafts.com users may either upload their own individual designs/photos and purchase customized Products for their own use, or upload designs/photos through their own page on the Website which shall be strictly used for user’s products. TanaBanacrafts.com also offer a number of other services on its Website, such as message boards, forums, blogs and newsletters, which may change from time to time.
The User agrees and undertakes not to 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. Limited reproduction and copying of the content of the Website is permitted provided that Tana Bana's name is stated as the source and prior written permission of TanaBanacrafts.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(e) conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by TanaBanacrafts.com.
Exactness Not Guaranteed:
TanaBanacrafts.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final customized Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your custom product order such as the merchandise brand, size, color, print process used, print size, print color etc., may be required due to limitations caused by available product, available production materials, production equipment capabilities, as well as limitations caused by the quality or type of your submitted design. In this instance you agree that TanaBanacrafts.com will send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. TanaBanacrafts.com may re-request that you accept a production alteration one additional time if an alternative method to produce your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
Intellectual Property Rights:
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, TanaBanacrafts.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to TanaBanacrafts.com without obtaining authorization from TanaBanacrafts.com.
b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service.
c) However, no royalty will be owed or paid on the sale of any product containing any material/content which is in violation of any of the provisions of these Terms, including but not limited to no royalty on any images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity.
Access to the website
We cannot guarantee that access to and use of the website www.tanabanacrafts.com will be uninterrupted and be error-free. You must not use the website in any way that causes, or could cause, the website or access to it to be interrupted, damaged or impaired in any way.
You must not use the website fraudulently or in any way that is illegal. You must not copy any of the content or designs on the site without the written permission of TanaBanacrafts.com.
Disclaimer Of Warranties/Limitation Of Liability:
Tanabanacrafts.com has endeavored to ensure that all the information on the Website is correct, but Tanabanacrafts.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Tanabanacrafts.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Tanabanacrafts.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Tanabanacrafts.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Tanabanacrafts's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless Tanabanacrafts.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Tanabanacrafts.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. Currencies are suitably mentioned along with the prices. Prices, products and Services may change at Tanabanacrafts's discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon Tanabanacrafts's shipment to the shipping carrier.
TanaBanacrafts.com shall not be liable for any delay or failure to perform its obligations due to circumstances outside its reasonable control. TanaBanacrafts.com shall not be liable for any loss or damage to the client as a direct or indirect result of the supply of services by us not meeting the terms of the original agreement due to unforeseen circumstances or events beyond TanaBanacrafts.com reasonable control
a) TanaBanacrafts.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
b) These Terms will survive indefinitely unless and until Tanabanacrafts.com chooses to terminate them.
c) If you or TanaBanacrafts.com terminates your use of the Website or any Service, TanaBanacrafts.com may delete any content or other materials relating to your use of the Service and TanaBanacrafts.com will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. TanaBanacrafts.com does not review the contents in any way before they appear on the Website. TanaBanacrafts.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.