Terms & Conditions
This ‘Terms and Condition’ document is the electronic record for Information Technology Act, 2000 as well as rules there underneath as applicable with the modified provisions relating to electronic records for different statutes amended by Information Technology Act, 2000.
The electronic records are produced by the computer system so, don’t need any physical as well as digital signatures. This detailed document is published according to the requirements of Rule 3 (1), Information Technology (for Intermediaries guidelines) Rules, 2011, which need publishing of privacy policy, rules & regulations, as well as Terms of Use to use or access the website https://www.Mudkart.com.
Please go through the given terms & conditions carefully because your service use is subject to the acceptance of as well as compliance with the following terms & conditions (“Terms”). By using or subscribing to any of these services, you accept that you have read and understood all the Terms, despite how you have subscribed to or used the services.
In case, you don’t want to be required by the Terms, then you should not use or subscribe to our services. The Terms and different other policies are bound according to the provisions about the IT Intermediaries Guidelines Rules, 2011 expressed under the Information Technology Act, 2000.
With these Terms, the references to “User”, “you” intend to the end-user, using the Website, Content and Services provided using the Website. The term “Service Providers” refers to the independent third-party service providers, as well as “we”, “us” or “our”, intend to Mudkart.
Introduction:
a) The domain name www.mudkart.com (hereinafter referred to as “Website”) is owned by Mudkart, a company incorporated under the Companies Act, 1956 with its registered office at No.29, 3rd Cross, Venkata Reddy Layout 6th Block, Koramangala, Bengaluru, Karnataka, India
(hereinafter referred to as “Mudkart'' or “Mudkart.com”). (Information needs to be changed)
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. Mudkart 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 will receive a registration email upon completing the website’s registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify Mudkart of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. Mudkart cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
Services Offered:
Mudkart provides an Internet-based “service” through the website. It enables users to purchase merchandise such as earthen cookware & tableware (collectively, “Products”). The products can be purchased through the website through various methods of payments offered. The sale/purchase of products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc., and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by product-specific conditions, which may be displayed on the webpage of that product.
Privacy Policy:
The user hereby consents, expresses, and agrees that he or she has read and fully understands the privacy policy of Mudkart. The user further consents that the terms and contents of such privacy policy are acceptable to him or her.
Limited User:
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 images obtained from the website. Limited reproduction and copying of the content of the website are permitted provided that Mudkart name is stated as the source and prior written permission of Mudkart 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; 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 apply for or to any service;
(i) Violate any applicable laws or regulations for the time being in force in or outside India; and
(j) 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.
(k) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or another 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 any content, 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 materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
l) You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
(m) You shall not 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 or visitor to Website, or any other customer, including any account on the website not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
(n) You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms Mudkart, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Mudkart or our product suppliers or artisans or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
(o) You agree not to use any device, software, or routine 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.
(p) You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(q) You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes our rights or others.
(r) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
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 about the services rendered by Mudkart .
Exactness Not Guaranteed:
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. Mudkart hereby disclaims any guarantees of exactness as to the finish and appearance of the final product as ordered by the user. Our products are handicraft products, which are meticulously handmade by artisans one piece at a time. Due to this process, there may be slight variations in shape, size, and colour from one item to the other. Such variations are inherent in the manufacturing of handmade products. Therefore, the product pictures on Mudkart may not be identical to the product that you receive.
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, Mudkart 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, images, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the Website belonging to Mudkart without obtaining authorization from Mudkart.
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.
Links to Third Party Sites:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mudkart or the website and Mudkart 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. Mudkart is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Mudkart.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mudkart or the Website 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.
Disclaimer of Warranties/Limitation of Liability:
Mudkart has endeavoured to ensure that all the information on the Website is correct, but Mudkart neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or Service. In no event shall Mudkart 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 or Products;
(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 Mudkart 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, Mudkart shall not be held responsible for the 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 our 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 expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a purpose, durability, title, and non-infringement.
In no case shall Mudkart, our directors, employees, affiliates, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Indemnification:
You agree to indemnify, defend and hold harmless Mudkart from and against losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Mudkart that arise out of, result from, or maybe payable under, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
User Comments, Feedback & Other Submissions:
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation.
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Pricing:
Prices and availability are subject to change without notice or any consequential liability to you. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
While Mudkart strives to provide accurate products, services, and pricing information, typographical and other errors may occur. If a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Mudkart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Mudkart will have the right to modify the price of the product or service and contact you for further instructions via the e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. If Mudkart cancels the order after the payment has been processed, the said amount will be remitted to your account from which the payment was made as per the Cancellations, Returns & Refunds Policy.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Shipping & Delivery:
Your shipping address, pin code will be verified with the database of Mudkart before you can proceed to pay for your purchase. In the event your order is not serviceable by our delivery partners or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Mudkart, in such cases, Mudkart will not be responsible for the non-delivery of the product. Mudkart also delivers items internationally.
In case you book multiple items in one order, Mudkart would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics issues. If you purchase multiple Products in a single transaction, then all the Products would be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.
Once the order is placed, the product will be delivered within 3 to 6 working days
Product Return:
We provide a full refund or replacement for any defective products if the product is purchased from our website (Mudkart.com) and the return request is reported within 2 days from the date of delivery.
To initiate a return request please call +91 76762 30556 or write to us at [email protected]
Termination:
- Mudkart 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 14.a above, these Terms will survive indefinitely unless and until Mudkart chooses to terminate them.
- If Mudkart terminates your use of the Website or any Service, Mudkart may delete any content or other materials relating to your use of the Service, and Mudkart 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.
Governing Law:
Terms shall be governed by and constructed following 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 Delhi.
Severability:
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.
Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded 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 (Company mail).
Entire Agreement:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Privacy Policy:
Mudkart (“us”, “we”, or “our”) operates the https://Mudkart.com/ website (the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://Mudkart.com/
Information Collection and Use:
We collect several different types of information for various purposes to provide and improve our service to you.
Types of Data Collected
Personal Data:
While using our service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally, identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
Usage Data:
We may also collect information about how the service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data:
We use cookies and similar tracking technologies to track the activity on our service and hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data:
Mudkart uses the collected data for various purposes:
- To provide and maintain the service
- To notify you about changes to our service
- To allow you to participate in interactive features of our service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the service
- To monitor the usage of the service
- To detect, prevent and address technical issues
Transfer of Data:
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
If you are located outside India and choose to provide information to us, please note that we transfer the data, including Personal Data, to India and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Mudkart will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of Data
Legal Requirements:
Mudkart may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Mudkart
- To prevent or investigate possible wrongdoing in connection with the service
- To protect the personal safety of users of the service or the public
- To protect against legal liability
Security of Data:
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Service Providers:
We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services, or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics:
We may use third-party Service Providers to monitor and analyze the use of our service.
Google Analytics:
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Links to Other Sites:
Our service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children’s Privacy:
Our service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy:
We may update our Privacy Policy from time to time. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.