Terms and Conditions - Utsav.Earth

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY

The following agreement captures the terms and conditions of use (“Agreement”), applicable to Your use of Utsav.Earth (“Website”), which promotes business between producers and consumers. It is an agreement between You as the user of the Web Site/UE Services and Utsav Earth (“UE”). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.

By subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Web Site or UE Services in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.

If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the Web Site in any manner.

WEBSITE- MERELY A PLATFORM

Utsav Earth acts as a platform that connects mindful producers with end customers. Our website serves as a matchmaking platform for Users to negotiate and interact with other Users for the purpose of initiating discussions and negotiations regarding the sale or supply of goods or services. Utsav Earth is not a party to any negotiations or agreements that occur between Users on our platform.

Utsav Earth does not exercise control over, and is not responsible for, the quality, safety, legality, authenticity, or availability of the products or services offered for sale on our website, nor does it guarantee the ability of Users to complete transactions. This agreement does not establish a partnership, joint venture, or any other form of joint business relationship between Utsav Earth and any other party.

USER(S) ELIGIBILITY

User(s) represent and warrant that they have the right to avail or use the services provided by UE, including but limited to the Web Site or any other services provided by UE in relation to the use of the Web Site (“UE’s Services”). UE’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use UE’s Services.

User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time.Utsav Earth UE or the website shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over UE’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s).The user shall do its own due diligence before entering into any transaction with other users on the website. UE at it’s sole discretion reserves the right to refuse UE’s Services to anyone at any time. UE’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by UE.

OFFER AND ACCEPTANCE

The Customer agrees to these T&C by accessing this Website. All commercial/contractual terms are offered by and agreed to between Customers and Utsav.Earth (UE) alone.

Our Producers and Facilitators may include additional or conflicting terms and conditions of sale in product listing or their description as made available on the website (‘Additional Terms of Sale’). If there is any conflict between this T&C and the additional terms of sale, the additional terms of sale shall take precedence to the extent of such conflict and in relation to that sale.

UE may at any time modify the Terms and Conditions for use of the Website without any prior notification to the customers. If a customer does not agree with the T&C he/she is advised not to use the services of the website. However, if the customer continues to use the service he/she shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.

LIMITATIONS

Services associated with the Website would be available to only select geographies in India as solely determined by UE.

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. UE shall not be held directly or indirectly liable for any damages arising from the customer’s or any 3rd party’s misuse or violation of the Terms & Conditions of the Utsav.Earth site and any other related policies associated with the Website.

UE is a platform that connects customers to producers. We do not make any of the products ourselves. Any discrepancy in the product needs to be taken up with the producer themselves. UE will not be liable for actions of the aforementioned facilitators and producers.

UE does not implicitly or explicitly endorse or advertise the products and associated brands on the Website. References on this Website to any names, marks, sustainable products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to the Customer and do not in any way constitute or imply to be UE’s endorsement, sponsorship or recommendation of the third party, information, sustainable products or service.

INTELLECTUAL PROPERTY RIGHTS (IPR)

UE expressly reserves all intellectual property rights in all text, programs, sustainable products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of UE’s or any third party’s intellectual property rights.

Apart from the brands / Intellectual Property Rights (IPR) owned by UE, all other trademarks/ brands displayed on the Website are the property of their respective brand owners and displayed on the Website with prior consent by UE.

UE hereby allows the Customer to only access the website for personal use and not to download or modify any portion of it. This website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of UE.

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Site or otherwise disclosed, submitted or offered in connection with the use of this Website (collectively, the “Feedback”) shall be and remain the property of UE. Such disclosure, submission or offer of any Feedback on the Website shall constitute an assignment to UE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback by the Users.

REPRESENTATION

UE does not make any representation as to produce the products proposed to be sold or offered to be sold or purchased on the Website

All offers of sale of these products are governed by the description and specifications of the produce, as specified by the producers and facilitators.

WARRANTY

With respect to the sale of Product by UE to the Customer, UE hereby represents and warrants to the Customer that:

UE doesn’t sell the Products to the Customer through the Website; It only connects the customer to the producer/facilitator.
Customer shall be entitled to all the warranties and other collaterals applicable to the product as generally made available by the producers or the facilitators; UE is not responsible for the same.
UE has made every effort to display the products that appear on the website as accurately as possible. However, any deviance in appearance in actual product cannot be held against UE and has to be taken up with the producer/facilitator.

The Customer hereby represents and warrants to UE:

That the Customer is accessing the Website and transacting at his/her sole risk and is using his/her best informed and prudent judgment before entering into any transaction through this Website.
Customer will use the Website for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.
Customer will provide authentic and true information in all instances where such information is requested by UE. UE reserves the right to confirm and validate the information and other details provided by the customer at any point of time.
If upon confirmation the Customer’s details are found not to be true (wholly or partly), UE has the right in its sole discretion to reject the registration and debar such customer from accessing the Website without prior intimation whatsoever.
The address at which delivery of the product ordered by the Customer is to be made will be correct and proper in all respects. Customer is completely responsible and liable for the correctness of delivery address details in this regard.
That before placing an order with the producer/facilitator customer will check the product description carefully. By placing an order for a product he/she agrees to be bound by the conditions of sale included in the item’s description by the producer/facilitator.

PRICING INFORMATION

All the products listed on the website reflect the prices provided to UE by the producers/facilitators as-it-is. UE doesn’t control or determine the prices and the producers/facilitators are free to put any prices they deem fit for their produce. The prices reflected on the website do not include shipping costs. The shipping charges would need to be discussed with the producer/facilitator while ordering.

DELIVERY OF THE PRODUCT

UE currently offers two modes of delivery for purchases made on utsav.earth

Pick up Service: Our producers/facilitators allow free pick up service from the producer or facilitator’s location. No additional delivery fee will be charged by them in this case.

Home Delivery: Please note that for all home deliveries, the producers/facilitators would generally charge a delivery fee. This delivery fee will be shared with you by the producers/facilitators at the time of your order confirmation.

TENTATIVE TIME OF DELIVERY

UE is merely a platform that is connecting mindful producers to conscious customers. UE is not responsible for any quality discrepancy. If you believe that the products you ordered are not in good conditions or if the packaging is tampered with or damaged, please speak to the producer directly. You can drop us a feedback so we can take the necessary action. However, UE cannot be held liable for quality purpose.

UE will make its best efforts to service all customer orders by connecting them to the producers. However, if in certain pressing situations (including force majeure), we are unable to fulfill an order we will not recompense the customer for the delay or the non-delivery of the orders.

TRADEMARK

“Utsav Earth” and related icons and logos are registered trademarks or trademarks or service marks of UE in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.

USER(S) AGREEMENT

This Agreement applies to any person who accesses or uses the Web Site or uses UE Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority.

This Agreement applies to all services offered on the Web Site and by UE, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement. This Agreement shall govern the User’s usage of UE Services and, the User acknowledges that this Agreement shall supersede all or any term, agreement, contract executed between UE and the User.

AMENDMENT TO USER(S) AGREEMENT

UE reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Web Site. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.

DATA PROTECTION

Personal information supplied by User(s) during the use of the Web Site is governed by UE’s privacy policy (“Privacy Policy”). Please click here to know about the Privacy Policy.

INTERACTION BETWEEN USERS

UE provides an on-line platform to facilitate interaction between buyers and suppliers of products and services. UE does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. UE does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Web Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences on the Web Site. Web Site uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). UE however, cannot and does not confirm each User(s)’s purported identity on the Web Site. UE encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.

User(s) agree that UE shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Web Site , including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify UE (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction Utsav Earth

Utsav Earth reserves the right to add/modify/discontinue any of the features offered on UE’s Services.

LIMITATION OF LIABILITY/DISCLAIMER

The features and services on the Web Site are provided on an ” as is ” and ” as available ” basis, and UE hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. UE makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Web Site including display or listing of producers/facilitators on the Web Site which in no manner is endorsed by UE. Moreover, UE does not facilitate or participate in any sale, delivery, transaction and / or storage related to any product including but not limited to controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment. UE does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site does not violate any Third Party Rights; and UE makes no representations or warranties of any kind concerning any product or service offered or displayed on the Web site. Any material downloaded or otherwise obtained through the Web site is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Web Site or through or from the Web Site shall create or be deemed to create any warranty not expressly stated herein.

Under no circumstances shall UE be held liable for any delay or failure or disruption of the content or services delivered through the Web Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save UE, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Web Site (including but not limited to the display of User(s) information on the Web Site) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save UE, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to UE.

User(s) hereby further agree to indemnify and save UE, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Web Site. User(s) hereby further agree that UE is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). UE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with UE in asserting any available defences.

Utsav Earth UE shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

The use or the inability to use the Web Site;
Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any User(s);
Statements or conduct of any User(s) of the web site; or
Any matters relating to Premium Services however arising, including negligence.

LIMITATIONS

a) Prohibition of Transfer to Third Parties: Users are strictly prohibited from transferring, sublicensing, or assigning any of their rights, access, or entitlements related to the CRM Service to any third party without obtaining explicit prior written consent from Utsav Earth.

b) Responsibility for System Impact: Users shall refrain from any actions or activities that could potentially lead to damage, overload, disablement, impairment, or any form of harm to Utsav Earth’s servers, networks, computer systems, or operational resources.

c) Preservation of Service Integrity: Users acknowledge and agree that they shall not, directly or indirectly, undertake any attempts to disassemble, reverse engineer, decompile, or otherwise tamper with the underlying structure or components of the CRM Services.

d) Legally Compliant Use: Users shall not employ the CRM Service for any purpose that is illegal, prohibited by applicable laws or regulations, or inconsistent with ethical standards.

TERMINATION

Most content and some of the features on the Web Site are made available to User(s) free of charge. However, UE reserves the right to terminate access to certain areas or features of the Web Site (to paying or registered User(s)) at any time without assigning any reason and with or without notice to such User(s). UE also reserves the universal right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of UE and/ or other User(s) of the Web Site. UE further reserves the right to limit, deny or create different access to the Web Site and its features with respect to different User(s), or to change any or all of the features of the Web Site or introduce new features without any prior notice to User(s).

UE reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:

(a) If any false information in connection with their account registered with UE is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.

(b) If such User(s) breaches any provisions of the Agreement.

(d) If such User(s) posts any material that is not related to trade or business cooperation.

(e) If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner. Utsav Earth

(f) If such User(s) is involved in unauthorized access, use, modification, or control of the Web Site database, network or related services.

(g) If such User(s) obtains by any means another registered User(s) Username and/or Password.

(h) Or any other User(s) activity that may not be in accordance with the ethics and honest business practices

If UE terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of UE, such person will not have the right to re-enrol or join the Web Site under a new account or name unless invited to do so in writing by UE In any case of termination, no subscription/membership fee/charges paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Web Site wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall UE be liable to any User(s) or any third parties for any inability to use the Web Site (whether due to disruption, limited access, changes to or termination of any features on the Web Site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Web Site or any of its features.