Terms of Use

Contents

ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE AND OUR PRIVACY POLICY. 

PLEASE READ THE “TERMS OF USE” AND “PRIVACY POLICY” CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR THE PRIVACY POLICY PLEASE DO NOT USE THE WEBSITE.

PLEASE READ OUR “LICENSING TERMS” TO UNDERSTAND THE MANNER OF USE OF THE CONTENT POSTED ON THE WEBSITE. 

1. GENERAL

1. This Website www.indievisual.in is owned, operated and maintained by High Giraffe Media Private Limited (“Company”), an existing ‘company’ as defined under the Companies Act, 2013 and having its registered office at B1/H3, Ground Floor, Mathura Road, Mohan Co-Operative Ind. Area, Delhi – 110044, India.

2. Reference to the term “Website” in these Terms of Use shall include any software / application through which the User (a) accesses the Website, or (b) avails online services from Company under “IndieVisual” brand, as the case may be.      

3. The terms “We” / “Us” / “Our” used in these “Terms of Use” refer to Company and the terms “You”/ “Your”/ “Yourself” document in these “Terms of Use” refer to the users of the Website (“Users”).  The term “Users” in these Terms of Use shall include persons(s) who visit or access the Website or avail any of its functionalities or use any data or information available on the Website in any manner.

4. The term “Applicable Law” as used in these Terms of Use refer to all applicable laws, rules, regulations, circulars, orders or other instructions (having force of law) of any government, legal or judicial authority having jurisdiction over the Website or any transaction(s) on the Website.

2. IMPORTANT TERMS

1. This “Terms of Use” document constitutes an “electronic contract” between Company and the User of the Website under the laws applicable to the User. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. BY VISITING OR ACCESSING THE WEBSITE, YOU UNCONDITIONALLY ACCEPT, AND AGREE TO BE LEGALLY BOUND BY THE “TERMS OF USE”, READ WITH THE PRIVACY POLICY AND / OR ANY OTHER APPLICABLE POLICY GOVERNING THE USE OF THE WEBSITE OR CONDUCT OF TRANSACTIONS ON THE WEBSITE INCLUDING THE LICENSING TERMS AND/OR TERMS OF SERVICE.

3. This “Terms of Use” document includes and shall always be deemed to include (a) the Privacy Policy, and / or (b) any other policy governing the use of the Website or conduct of transactions on the Website including Terms of Service and/or License Terms.  Further, when You use any specific service provided by Us through the Website, You will be subject to the terms and conditions applicable to such service, and they shall be deemed to have been incorporated into these Terms of Use by reference, and shall be considered to be part and parcel of these Terms of Use. In case of any contradiction between these Terms of Use and the specific terms applicable to the relevant service, the latter shall prevail.

4. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. For certain changes, We may be required under Applicable Law to give You advance notice of any change(s) to the Terms of Use. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

3. ABOUT THE WEBSITE

1. This Website has been set up by the Company as an electronic platform for sale of photographs, images, vectors, moving images, animations, films, videos, audiovisual works and other media together with any associated keywords, metadata or titles  (“Content”) of various creators (“Creators”) to end-customers (“Users”). The Website (a) provides a platform for Users purchase various Content of Creators; (b) allows Users to avail such other services as are incidental and ancillary thereto (“Services”).

4. MEMBERSHIP ELIGIBILITY

1. Competence to contract: Use of the Website is available only to those individuals and who can form legally binding contracts under Applicable Law in their respective jurisdictions. Persons who are “incompetent to contract” as per Applicable Law in their jurisdictions are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not use the Website. As a minor if you wish to use the Website, such use may be made by your legal guardian or parents on your behalf on the Website. Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years or incompetent to contract.

2. Authorization: In case You are registering as a business or a corporate entity, you represent that You are duly authorized by the business / corporate entity as applicable to accept this Agreement and You have the authority to bind that business / corporate entity to this Agreement.

5. USER REGISTRATION 

1. The Company may require Users to fill an online form and register themselves on the Website to purchase Content or avail all or any of the services rendered on the Website. Company may require Users to provide all information, and submit all documents as may be required for registration of the User on Website or for availing any Service on the Website (“Registration Information”).

2. You agree to:

1. provide true, accurate, correct and complete Registration Information; and

2. maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate any and all of your current or future use of the Website and/or Services.

3. Upon successful registration to use the Services, your Account would be activated. You agree and understand that you will be solely responsible for maintaining the confidentiality and security of your password which, together with your login ID, allows you to access the Website and/or Services.  You agree to accept responsibility for all activities that occur under your account or password.  If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to promptly notify the Company at the customer service helpdesk, the details of which are available on the Website.  

4. By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, on that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number. If you become aware of any unauthorized use of your Registration Information, you agree to notify Company immediately at the customer service helpdesk, the details of which are available on the Website. Company shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to Company.

6. PRICING PLANS AND PAYMENT RELATED INFORMATION

1. Pricing Plans and Payment: 

1. Content Credits can be purchased from the Pricing Plans page provided on the Website. Content Credits can be purchased online through credit cards, debit cards, netbanking, E-wallets or mobile payment system.

2. By approving the purchase of the Content Credits, you authorize the Company to charge the designated credit cards, debit cards, E-wallets, mobile payment system or bank account, for the total amount of the purchase. You are responsible for all applicable taxes and any applicable third party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees.)

3. You agree that the Company may, at any time, modify the Pricing Plans to purchase Content Credits on the Website. Your use of the Website/ Services after such change in the Pricing Plans will be considered to be your acceptance of such changes, and applicability of these Terms of Use to such change.

2. Refunds/Cancellation.

1. Content Credit Refunds: Refunds for Content Credit purchases will be made within 30 days of your invoice date, provided that you have not used any Content Credits from the relevant package.

2. Single File Content Refunds: Refunds Single File Content will only be considered based on technical issues with the Content file at the sole discretion of the Company or in case of any third party infringement due to the relevant Content file.

3. All requests for refunds/cancellations must be made in writing or through the website. If the request is approved, the Company will issue a credit to the same designated credit cards, debit cards, E-wallets, mobile payment system or bank account used to purchase the Content Credit. In the event of cancellation, your rights to use the Content shall immediately terminate, and you must delete or destroy any copies of the Content.

3. Provision of payment information: You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for purchasing Content or availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You. In any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card or pre-paid instrument account.

4. Limits on payments: The Company may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) in the course of a single transaction. The Company will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, the Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You having exceeded the preset limit mutually agreed by the Company with its bank from time to time.

7. USE OF THE WEBSITE

1. Subject to your compliance with these Terms of Use the Company grants you a limited licence to access and make personal use of this Website subject to the restrictions specified herein.  

2. You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

1. belongs to another person and to which You do not have any right ;

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

3. is misleading in any way;

4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

5. harasses or advocates harassment of another person;

6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity]; 

9. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

13. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

14. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website;

15. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

16. interferes with another User’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;

17. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

18.  harm minors in any way;

19.  infringes any patent, trademark, copyright or other proprietary rights or third party’s trade  secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

20.  violates any law for the time being in force;

21.  deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

22.  impersonates another person;

23. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

24. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

25. is false, inaccurate or misleading;

26. creates liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.

2. You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any Content, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law, rule, regulation or guideline for the time being in force.

3. You will not download (other than for page caching) or modify any portion of the Website except with prior consent of the Company;

4. You shall not use any “deep-link”, “page-scrape”, “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 any Content (as defined below), 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.

5. 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 to 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.

6. 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 will not reverse look-up, trace or seek to trace any information on any other User of 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.

7. You shall not make any, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or Creators on platform or otherwise tarnish or dilute any the Company’s 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. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks, or any systems or networks connected to the Company.

8. 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.

9. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message You send to Us on or through the Website or any service offered on or through the Website. You will not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

10. You will 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 the rights of the Company and / or others.

11. 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, purchase, solicitation of offers to purchase 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.

12. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

13. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You will not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

14. Users liable for Content posted by them: We reserve the right, but have no obligation, to monitor the materials posted on the Website. the Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU POST ON THE WEBSITE In no event shall the Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

15. Unauthorized use by other Users: It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

16. Denial of services: the Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way, on your own or through group/s of people, intentionally or unintentionally, in DoS/DDoS (Distributed Denial of Services).

8. SOFTWARE LICENSE

The use of the Website in the form of any mobile application, software etc. (
“Software”) shall be subject to the following additional conditions:

1. The User shall not use, copy, reproduce, display, deploy, perform, distribute, transmit, make available, create derivative works of the Software. The User will not and shall not permit or procure any third party to reverse engineer, disassemble or decompile any Software.

2. You will not incorporate any part of the Software into its own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part.  

3. You will comply with any additional terms are as embedded within the Software.  

4. The Company may periodically provide updates or upgrades to the Software.  You are responsible for installation of the Software or any updates or upgrades to the same on timely basis.  

9. INTELLECTUAL PROPERTY RIGHTS

1. The Website 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, “Website Content”) on the Website is owned and controlled by the Company or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Website Content is protected by copyright, patent and trademark laws, and various other  intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Website Content. the Company reserves the right to change or modify the Website Content from time to time at its sole discretion.

2. The trademark, logos and service marks displayed on the Website (“Marks”) are the property of the Company or Creator or respective third parties. You are not permitted to use the Marks without the prior consent of the Company, the Creator or the third party that may own the Marks.

3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and into the trademark “IndieVisual”, and the Website, 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,  icons, and hyperlinks.

4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Website Content through any medium without obtaining the necessary authorization from the Company or third party owner of such Website Content.

10. THIRD PARTY INFORMATION 

1. The Content posted on the Website is owned by third parties. The Company has no liability towards such Content displayed on the Website. All usage rights and restrictions for the Content that you license from the Website is subject to our Licensing Terms.

2. General third party information such as, Content description and specification, and other data from external sources is made available on the Website (“Third Party Information”). Unless explicitly mentioned, all Third Party Information is provided on an ‘As Is’ basis. The Company does not own/ have the rights and title to any such Third Party Information, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Information. The Company shall not be held liable for any loss suffered by you based on Your reliance on or use of such Third Party Information.

11. DISCLAIMER OF WARRANTIES AND LIABILITY

1. All the materials and Content (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:

1. This Website will be constantly available, or available at all times; or

2. The information on this Website is complete, true, accurate or non-misleading.

2. The Company will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. the Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

3. Nothing on the Website constitutes, or is meant to constitute, advice of any kind. 

4. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

12. INDEMNITY

1. You agree to indemnify and hold harmless the Company, its owner, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use (including the Terms of Service, Privacy Policy, Licensing Terms and / or any other Policies governing this Website), or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

2. You hereby express release the Company and its directors, officers, employees, agents, affiliates etc. from any cost, damage, liability or other consequence of any of the actions / inactions of the Creators and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.  

13. LIMITATION OF LIABILITY

1. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE FOR THE USE OF ANY OR ALL PART OF THIS WEBSITE OR THE WEBSITE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO INR 2,000/-.

14. PROFANITY POLICY

1. The Company prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

2. If a feedback, comment or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contains any profanity, please submit a request for action / removal of the same.

3. The Company will consider the circumstances of an alleged policy violation and the User’s trading records before taking action.

4. Violations of this policy may result in a range of actions, including:

1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension

15. TERMINATION FOR VIOLATIONS

1. In case of any non-compliance or violation of these Terms of Use, the Company has the right to immediately terminate the access or usage rights of the Users to the Website and remove any and all non-compliant information from the Website.  

16. PRODUCT DESCRIPTION

The Company does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. Further, the Company may limit, restrict or suspend the access of any User to the Website for carrying out any repairs, maintenance or for introduction of any facilities or services at any time without prior notice.

17. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond our reasonable control.  

18. GOVERNING LAW AND JURISDICTION

1. These Terms of Use and all transactions entered into on or through the Website and the relationship between You and the Company shall be governed in accordance with the laws of India. 

2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and the Company shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.

19. GRIEVANCE OFFICER

In compliance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name: Prashant Pavithran

Address: _____________

Phone: +91 88899 43210

Email: pp@indievisual.in 

Time: 0900-1200 hrs 

20. MITIGATION OF DISPUTES 

In case of a dispute where the Company is unable to provide a refund, the Company will proactively act towards reaching a resolution. 

The User can write to the Company at admin@indievisual.in if any issue is not resolved to the satisfaction of the User. The Company’s Customer Support team will look into the case and facilitate reaching a resolution.

21. NOTICE

All notices with respect to these Terms of Use from the Company will be served to You by email or by general notification on the Website. Any notice provided to the Company pursuant to these Terms of Use should be sent to Grievance Officer at prashant@indievisual.in.

22. FEEDBACK AND INFORMATION

1. Feedback: Any feedback You provide on or in relation to this Website shall be deemed to be non-confidential. The Company 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 Your confidential or proprietary information or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Company may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.

2. Rights of the Company on feedback received from Users: To clarify, the Company may at its discretion, make any modifications or changes to the Website, Content and /or Services on the basis of such feedback. However, the Company shall not be obliged to do so. Further, in the event that the Company makes any changes or modifications to the Website, Content and /or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to the Company, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, content and /or Services, in perpetuity.

23. GENERAL

1. Severability: If any provision of these Terms of Use is invalid, unenforceable or prohibited by law, then, these Terms of Use shall be considered divisible as to such provision and such provision shall be inoperative, and the remainder of these Terms of Use shall be valid, binding and of like effect as though such provision was not included herein.  the Company will substitute for the invalid or unenforceable provision a valid and legally enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the provision, which is invalid or unenforceable.

2. Waiver:  No failure or delay by a party in exercising any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.   

3. Principal to principal relationship:  You and the Company are independent parties, and nothing contained herein shall constitute or be deemed to constitute an agency or partnership or joint venture between the parties.

4. Any reference in these Terms of Use to prior consent / authorization from the Company would mean a communication coming from the Company, specifically in response to the request specifying the activity or conduct for which authorization is sought. 

Last updated on 01 November 2021.