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Terms & Conditions
WEBSITE TERMS OF SERVICES
Please read the following ‘Terms of Services’ carefully as your use of service is subject to your acceptance and compliance with the following terms and conditions ("Terms"):
The website ‘Terms of Service’ is an electronic record as applied on the e-portal website & you/ user (both terms defined later) and is a legally binding document that will be effective on its acceptance. By subscribing to or using any of our services you/ user agree that the presented terms and conditions have been carefully read, understood and are bound by it, regardless of how you/ user subscribe to or use the services. If you do not agree with these terms of services or not want to be bound by the Terms, you must not subscribe or use the services associated with the website. The quoted terms and incorporation of various other policies are binding as per the provisions of the INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 FORMULATED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 and the Rules made thereunder and the amended provisions pertaining to electronic documents from time to time. This electronic record is generated by a computer system and does not require any digital signature.
In these Terms, references to "you" or "user" or “your” or “yourself” or “registered user” shall mean the end/ guest user accessing the website for the first time and thereafter regularly, contents pretending to the website, accessing information’s available on the website and any other services offered through it. The website will provide an electronic platform for users and shall involve others "Service Providers" too.
- www.indigaga.com (hereafter referred to as Indigaga) is a web-based online platform and e-commerce portal managed by Horizon IT Consultancy Services Pvt. Ltd., a company incorporated under the Laws of India.
- Services offered to users are conditioned on ‘Acceptance of Terms’ without any modifications on the statements as made while in case of any new updates, corrections, modification, etc., the same shall be notified to the user through the website or via e-mail from time to time. You are advised to regularly check/ visit the website for any updates/ amendments to the provisions.
- Indigaga at its sole discretion reserves the right to ‘refuse access’ or ‘not to accept’ a new user or ‘temporary suspension’ or ‘terminate/ close the account’ of any existing user at any time without assigning any reason thereof.
- The eligibility criteria for access to the website are taken a minimum of 18 years however in case of minority wise to use the content of the website, the same shall be made available by and under the guidance of your legal parents or guardian over and above the minimum age criteria.
2. User Account, Password, and Security:
Users will receive a password and account designation upon completing the website registration process where the user will be solely responsible for maintaining the confidentiality of the allotted/ new password, account user name, details, and all activities that occur under the designated account. User agrees to the followings: (a) immediately notify Indigaga of any unauthorized use of your account/ password or any other breach of security (c) change of any password in case of any security breach at user end and (c) ensure that the account has been logged-out/ exit at the end of each session or during the non-accessing period.
3. Services Offered:
Users are responsible for paying charges for products purchased from the use of the Indigaga website and agree to bear any/ all applicable taxes, charges, etc. levied thereon.
6. Return Policy:
Certain situation (identification of defective/ damaged product during the shipping and while the opening of the delivery packet, products missing, wrong product delivered by the seller, product specification/ features/ appearance doesn’t match with the user expectation) could arise or face by the end-user which can further result in the return/ replace of the delivered product and even refund of the money depending on the situation where seller can always accept the return irrespective of the policy/ terms and conditions.
To mitigate the challenges and protect the interest of the user, Indigaga encourages the user to review the product appearance (through pictorial representation available on the website portal), specification (length, width, height, thickness, or any other technical features), choice of color, categories, varieties, brand, company and even customer feedback/ review about the product before making the purchase decision. In case a user orders a wrong product, he/ she shall not be entitled to any return/ refund.
Other Terms & Condition under Return Policy:
- User needs to raise the return request within the return period, as applicable for the purchased product from the website and shall wait for the team to collect the shipment and upon acceptance/ approval of the returned product, the refund process or any replacement of the product (at the same cost) will be initiated.
- In case of any return process/ step to be initiated by the user, the following parameters need to be ensured for the product such as Condition, Damage, Functionality, Clothing, Sportswear, Footwear (should be new, unworn - other than a trial with price and brand tag), Beauty, Health, Personal Care, Grocery Items, Stationery Items should be new and unopened.
- If the product being returned is/ are not in accordance with the above-cited parameters, then the user shall not be entitled to any refund of money from the seller/ Indigaga. However, for any returned product, the shipping cost shall be borne and incurred by the seller.
- Indigaga shall ask the user to quote the reason for any return made through the website. On the other hand, in case of any confusion or doubt or any issue raised by the user, the Indigaga team can establish a telephonic conversation with the user to sort out any associated issue or for any assistance.
7. Limited User:
The user agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell any information or content obtained from the website. Limited reproduction and copying of the content of the website are permitted provided that Indigaga name is stated as the ‘Source of Information’ including prior written permission of Indigaga is sought. For the removal of any doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes/ usage, and unwarranted modification of data &information within the content of the website is not permitted.
8. User Conduct and Rules:
User agrees and undertakes to use the website including offered service only to post and upload messages/information, materials, etc. that is proper and doesn’t hurt any religion/ group of people/ gender/ humanity/ culture/ community, etc. By way of an example and not as a limitation, the user agrees and undertake that while using a service, you will not:
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
- 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; you own or control the rights thereto or have received all necessary consents;
- 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 devices;
- conduct or forward surveys, contests, pyramid schemes, or chain letters;
- download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
- 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;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
- violate any applicable laws or regulations for the time being in force in or outside India;
- violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the website contained elsewhere, etc.
9. User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content that 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 Indigaga.
10. Exactness Not Guaranteed:
Indigaga hereby disclaims any guarantees of exactness as to the finish and appearance of the final 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 order such as the merchandise brand, size, color, etc. may be required due to limitations caused by the availability of product differences in size charts of respective brands, etc. In this instance, you agree that Indigaga will send an approval request via the registered email address or through which you have submitted while placing an 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 02-05 days (depending upon product categories, please refer to Return/ Cancellation/ Refund Policy for more details) of it being sent to you. Indigaga may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request within 02 days, your order will be canceled and you will be fully refunded through the same channel/ account information as provided during the booking.
11. Intellectual Property Rights:
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Indigaga 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, trademarks, 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 Indigaga without obtaining authorization from us.
- 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. However, with regard to the product customization service (as against other services like-blogs, forums, etc.) you expressly agree that by uploading and posting content on to the website for public viewing and reproduction/use of your content by third party users, you accept the user whereby you grant a non-exclusive license for the use of the same.
12. Links to Third Party Sites:
The website may contain links to other websites (hereafter referred to as ‘Linked Sites’). The linked sites are not under the control of us and Indigaga is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Also, Indigaga is not responsible for any form of transmission, whatsoever, received by you from any linked site. Indigaga is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Indigaga of the linked sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
13. Disclaimer of Warranties/ Limitation of Liability:
Indigaga has endeavored to ensure that all the information on the website is correct, but Indigaga neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, products, or services. In no event shall Indigaga 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 products or 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 Indigaga 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, Indigaga 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 Indigaga’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.
User agrees to indemnify, defend and hold harmless Indigaga 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 Indigaga that arise out of, result from, or maybe 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. All prices are in Indian Rupees (INR). Prices, products, and services may change at Indigaga's discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon Indigaga's shipment to the shipping carrier.
- Indigaga 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, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
- Notwithstanding Section 15 (a) above, these Terms will survive indefinitely unless and until Indigaga chooses to terminate them.
- If you or Indigaga terminates your use of the website or any service, Indigaga may delete any content or other materials relating to your use of the service and Indigaga will have no liability to you or any third party for doing so.
- 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.
18. Force Majeure:
In case of any obligation by the Indigaga or the Seller under the Terms of Services or any other agreement, memorandum of understanding between the parties in the fulfillment of any purchase or sale transaction are delayed, prevented, restricted with by reason of employee/ labor strikes; acts of God-floods, lightning, storm, thunder, earthquake; shortages of materials due to poor manufacturing or supply of raw materials, communication failures, war, acts of terrorism, civil commotion, public activity – road blockade, change in government policy, order, law, regulation, demand or any other act whatsoever which are beyond the reasonable control of Indigaga or any of its parties/ association/ seller, these shall be considered under the "Force Majeure Event".
19. Governing Law:
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 Ranchi, Jharkhand (India).
In case of any dispute arises between the user and Indigaga during the use of the website, the dispute shall be first governed by arbitration proceedings; in presence of a sole arbitrator who shall be considered as an independent and neutral 3rd party identified by our team. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings which shall be in the English language.
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.
Last Update: 06.11.2020