TERMS AND CONDITIONS

This document is published in accordance with the 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 website. 

Please read the terms carefully before using or accessing any material, information or services through the website. YOUR use of the website or any purchase made on the website shall signify YOUR acceptance of the terms and YOUR agreement to be legally bound by the same.

 

 

The terms and conditions (“TERMS”) of the website www.theethnicstory.com (“WEBSITE”) between the Company KUBER ETHNIC STORY PVT LTD(hereinafter referred to as “THE ETHNIC STORY” or “COMPANY”) and the users of the Website ("YOU" or "YOUR" or "YOURSELF" or "USER" or “PURCHASER”) areas follows:-

 

GENERAL

The Website is an Internet based portal owned and operated by the The Ethnic Story. Use of the Website is offered to YOU subject to acceptance of all the terms, conditions and notices contained in the Terms, along with any amendments made by the Company at his sole discretion and posted on the Website, including by way of imposing any charge for access to or use of a Service (defined below). By (i) using this Website or any facility or service provided via this Website in any way; or (ii) merely browsing the Website, YOU agree that YOU have read, understood and agreed to be bound by these Terms and the Privacy Policy available on the Website.

The Ethnic Story shall not be required to notify YOU of any changes made to the Terms herein. The revised Terms shall be made available on the Website. YOUR use of the Website is subject to the most current version of the Terms of Use made available on the Website at the time of such use. YOU are advised to regularly visit the home page www.theethnicstory.com to view the most current Terms. It shall be YOUR responsibility to check the Terms periodically for changes. The Company may require YOU to provide YOUR consent to the updated Terms in a specified manner before any further use of the Website and the Services. If no such separate consent is sought, YOUR continued use of the Website will constitute YOUR acceptance of such changes.

 

SERVICES

The Ethnic Story, via the Website, offers a platform to facilitate sale and purchase of

merchandise and artefacts manufactured or acquired by or on behalf of The Ethnic Story to the end users/customers (YOU).

ELIGIBILITY TO USE

By accessing this website, it is signified that YOU are eligible to enter into a contract under the Indian Contract Act,1872. If YOU do not conform to the prescribed qualifications, YOU are not permitted to avail of the Services. YOU represent that YOU are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India.

The Ethnic Story reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.

 

USER ACCOUNT, PASSWORD, AND SECURITY

The The Ethnic Story may make some of the Services available to YOU, only if YOU have provided to The Ethnic Story certain required User information and / or created an account ("Account") through an The Ethnic Story ID and password or other log-in ID and password (collectively, the "Account Information").

YOU will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under YOUR Account. YOU agree to (a) immediately notify The Ethnic Story of any unauthorized use of YOUR Account Information or any other breach of security, and (b) ensure that YOU exit from YOUR Account at the end of each session. The Ethnic Story cannot and will not be liable for any loss or damage arising from YOUR failure to comply with these conditions. The User shall be solely liable for losses incurred by The Ethnic Story or any other user of or visitor to the Website due to authorized or unauthorized use of YOUR Account as a result of YOUR failure in keeping YOUR Account Information secure and confidential.

YOU shall ensure that the Account Information provided by YOU in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If YOU provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The Ethnic Story has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Ethnic Story has the right to suspend or terminate YOUR Account and refuse any and all current or future use of the Website (or any portion thereof).

YOU agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services. YOU shall not use the credit / debit card which is not lawfully owned by YOU, i.e. in any transaction, YOU must use YOUR own credit / debit card. The information provided by YOU will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. YOU will be solely responsible for the security and confidentiality of YOUR credit / debit card details. The Ethnic Story expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of YOUR credit / Debit card.

 

USER OBLIGATIONS

Subject to compliance with the Terms of Use, The Ethnic Story grants YOU a non-exclusive, limited privilege to access and use this Website.

YOU agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.

YOU agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that YOU will access the Website in accordance with the Terms and particularly Article 7.YOU agree not to violate or infringe any patent, trademark, copyright or any other proprietary rights of the Company or the Website

YOU agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by The Ethnic Story. YOU shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

By accessing or using the Website or Services, YOU may be exposed to content from other users that YOU may consider offensive, indecent or otherwise objectionable. The Ethnic Story disclaims all liabilities arising in relation to such offensive content on the Website. Further, YOU may report such offensive content in the manner prescribed below

If the Website allows YOU to post and upload any material on the Website, YOU hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws, particularly the Information Technology Act. Further, YOU undertake not to:

i. Defame, abuse, harass, threaten or otherwise violate the legal rights of others;

ii. Impersonate any person or entity, or falsely state or otherwise misrepresent YOUR affiliation with a person or entity;

iii. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

iv. Upload files that contain software or other material protected by applicable intellectual property laws unless YOU own or control the rights thereto or have received all necessary consents;

v. 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;

vi. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

vii. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any The Ethnic Story server, or to any of the Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);

viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. YOU may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of The Ethnic Story, including any The Ethnic Story Account not owned by YOU, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;

ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

x. Collect or store data about other users.

xi. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;

xii. Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Ethnic Story or other third parties;

xiii. Conduct or forward surveys, contests, pyramid schemes or chain letters;

xiv. Download any file posted by another user of a Service that YOU know, or reasonably should know, cannot be legally distributed in such manner;

xv. 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;

xvi. Violate any code of conduct or other guide, which may be applicable to the Service;

xvii. Violate any applicable laws or regulations for the time being in force within or outside India and;

xviii. 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;

YOU agree that YOU are solely responsible to The Ethnic Story and to any third party for any breach of YOUR obligations under the Terms and for the consequences (including any loss or damage which The Ethnic Story or its affiliates or its vendors may suffer) for any such breach.

 

USE OF MATERIALS

Except as expressly indicated to the contrary herein, The Ethnic Story hereby grants YOU a non-exclusive, freely revocable (upon notice from The Ethnic Story), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

The rights granted to YOU as specified above are not applicable to the design, laYOUt or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by The Ethnic Story.

Any software that is available on the Website is the property of The Ethnic Story.YOU may not use, download or install any software available at the Website, unless otherwise expressly permitted by The Ethnic Story.

 

USAGE CONDUCT

YOU shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

YOU shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

The Ethnic Story shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decof authorization for any transaction for any reason whatsoever.

 

INTELLECTUAL PROPERTY RIGHTS

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by The Ethnic Story and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of The Ethnic Story or other third parties. YOU are not permitted to use the Marks without the prior consent of The Ethnic Story or the third party that owns the Marks.

The Ethnic Story owns all intellectual property rights to the trademark "thethnicstory" and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, YOU acknowledge and agree that YOU shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from The Ethnic Story or thirty party owner of such Content.

The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to YOU on the email received by YOU from The Ethnic Story. The provision of Third Party Content is for general informational purposes only. YOU acknowledge that the Third Party Content provided to YOU is obtained from sources believed to be reliable. The Ethnic Story does not provide any guarantee with respect to any the Third Party Content and The Ethnic Story shall not be held liable for any loss suffered by YOU due to YOUR reliance on or use of such data.

 

VIOLATION OF THE TERMS OF USE

The Ethnic Story may, in its sole discretion and without prior notice, terminate YOUR access to the Website if The Ethnic Story determines that YOU have violated the Terms or Additional Terms or any other duty owed to The Ethnic Story. Any violation by YOU of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Ethnic Story, for which monetary damages is likely to be inadequate, and YOU consent to The Ethnic Story obtaining any injunctive or equitable relief that The Ethnic Story deems necessary or appropriate. These remedies are in addition to any other remedies The Ethnic Story may have at law or in equity.

YOU agree to indemnify, defend and hold harmless The Ethnic Story, its affiliate vendors, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by The Ethnic Story 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. Further, YOU agree to hold The Ethnic Story harmless against any claims made by any third party due to, or arising out of, or in connection with, YOUR use of the Website, any claim that YOUR material caused damage to a third party, YOUR violation of the Terms, or YOUR violation of the rights of any another person. The Ethnic Story will also be entitled to recover from YOU, and YOU agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to The Ethnic Story.

 

TERMINATION

The Terms will continue to apply until terminated by either YOU or The Ethnic Story as set forth below. If YOU want to terminate YOUR agreement with The Ethnic Story, YOU may do so by (i) simply not accessing the Website; or (ii) settling any pending unpaid sums and closing YOUR accounts (if any).

The Ethnic Story may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:

YOU breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to YOU;

The Ethnic Story is required to do so by law (for example, where the provision of the Services to YOU is, or becomes, unlawful or pursuant to a request by a regulatory authority);

The provision of the Services to YOU by The Ethnic Story is, in The Ethnic Story's opinion, no longer commercially viable;

The Ethnic Story has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to YOU;

or

For technical or any other reason, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of YOUR materials and / or Account Information, including YOUR personal information, log-in ID and password, and all related information, files and materials associated with YOU or inside YOUR Account (or any part thereof); and (iii) barring of further use of the Website or Services. The Ethnic Story may also delete any content or other materials relating to YOUR use of the Website.

The Ethnic Story shall not be liable to YOU or any third party for any such termination.

Termination or suspension shall not affect YOUR liability or obligation arising prior to such termination or suspension.

 

INDEMNIFICATION AND LIMITATION OF LIABILITY

YOU agree to indemnify, defend and hold harmless The Ethnic Story from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by The Ethnic Story that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by YOU pursuant to these Terms or any Additional Terms applicable to the purchase of products and services on the Website.

In no event shall The Ethnic Story or its officers, directors, employees, partners or vendors be liable to YOU, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not The Ethnic Story has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with YOUR purchase of the products and services herein. Notwithstanding anything to contrary, The Ethnic Story's entire liability to YOU under these Terms or otherwise shall not be more than the refund of the money paid byYOU for any specific Voucher or product or service, under which the unlikely liability arises.

 

GENERAL PROVISIONS

Notice: All notices from The Ethnic Story will be served by email to the account designated by YOU or by general notification on the Website. Any notice to be provided to The Ethnic Story pursuant to the Terms should be shall be sent to its registered address.

Assignment: YOU cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. The Ethnic Story's rights under the Terms of Use are freely transferable by The Ethnic Story to any third parties without the requirement of seeking YOUR consent.

Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such 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.

Waiver: Any failure by The Ethnic Story to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

Feedback and Information. Any feedback YOU provide to this Website shall be deemed to be non-confidential. The Ethnic Story 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 Ethnic Story is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) YOU are not entitled to any compensation or reimbursement of any kind from The Ethnic Story for the feedback under any circumstances.

Exactness Not Guaranteed. The Company and Website shall try their best to deliver products exactly the way they appear on the site. However, the nature of the artefacts and handicrafts is such that they cannot always be accurately described on a platform such as the internet. theethnicstory.com hereby disclaims any guarantees of exactness of the finish or appearance of the final product ordered by the user over and above generally acceptable standards on the same. The quality of any products, services, information, or other material purchased or obtained by YOU through the Website may not meet YOUR expectations. In the case of any significant material damage to the Product, the customer must send photographic evidence of the damaged product via email to [email protected]within 7 days of receiving the Product. A representative from theethnicstory.com will review the evidence, and if it is found valid, theethnicstory.com will send an email communication to YOU requesting for a replacement. If the replacement Product is also damaged, and theethnicstory.com finds the evidence from YOU valid, then YOUR order will be cancelled and YOU will be fully refunded via YOUR initial method of payment. In all these cases, you have to make arrangement to ship the product. YOU agree in this instance, that theethnicstory.com will make the final judgment on whether a Product has been significantly damaged.

 

GOVERNING LAW

The Terms and all transactions entered and the relationship between YOU and The Ethnic Story and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.

All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Bangalore Urban District, India and YOU hereby accede to and accept the jurisdiction of such courts.

 

PRIVACY POLICY

YOU confirm that YOU have read and fully understand the Privacy Policy of The Ethnic Story in respect of the Website. YOU further consent that the terms and contents of such Privacy Policy are acceptable to YOU.

 

NEWSLETTERS AND COMMUNICATIONS

YOU hereby expressly agree to receive communications and newsletters from The Ethnic Story by SMS and e-mails. YOU can unsubscribe / opt-out from receiving communications and newsletters from The Ethnic Story at any time by following the ‘Unsubscribe’ procedure set forth in the Website.