If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately 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. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. We reserve the right to refuse access to the website, terminate accounts, remove or edit content at any time, without notice to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Faraway Tree Arts LLP owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Faraway Tree Arts LLP without obtaining authorization from it.
- You shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Faraway Tree Arts LLP does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
- By submitting material to any public area of the Site, You warrant that the owner of such material has expressly granted Faraway Tree Arts LLP the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You hereby grant Faraway Tree Arts LLP, the right to edit, copy, publish and distribute any material made available on the Site by You.
- The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Faraway Tree Arts LLP, protected by copyright as a collective work under the applicable copyright laws. Faraway Tree Arts LLP owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Faraway Tree Arts LLP and the copyright owner is permitted.
- You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with Faraway Tree Arts LLP shall not be deemed to be in the public domain but rather the exclusive property of Faraway Tree Arts LLP, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Faraway Tree Arts LLP, unless otherwise stated.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
- If you use the Website as Registered User or as a Guest User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872, and that you are at least the age of majority in your state or province of residence or that you have given us your consent to allow any of your minor dependents to use this site. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, we have the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
- You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that belongs to another person and to which you does not have any right to; 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource. That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that Faraway Tree Arts LLP shall in no manner be held responsible for the same.
SERVICE AND PRICES DISCLAIMER
- Prices for our products are subject to change without notice. The price of our merchandise as mentioned is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Faraway Tree Arts LLP reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge Delivery Charges, which may include postal charges/ shipment charges etc. that may be applicable for your country.
- We follow country specific catalogue pricing on our website, depending on the country of shipping chosen by you. By changing the country, you will be charged according to the price list associated with that country and not by any conversion rate. The prices may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes, which, may be extra as applicable. Our international catalogues are priced in Indian Rupees for Indian residents, British pounds for UK residents and US dollars for all other international customers. Due to import/trade restrictions, certain products might not be available for delivery in your chosen country.
- We have made every effort to represent and display as accurately as possible the colours and images of our products that appear on the website, but cannot guarantee your computer monitor's display of the colours will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We are not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
ORDER CANCELLATION BY FARAWAY TREE ARTS LLP
Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. We reserve the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation made by Faraway Tree Arts LLP.
SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate Faraway Tree Arts LLP for the cost of processing your order, handling and packing the products you purchase and delivering them to you.
- While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
- All payments made against the purchases/services on kopaipaar.com by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by us. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a fool-proof online shopping environment to our users.
- We may employ PayU Money, PayPal and such other third party facilities, for Payments on the Website. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
We endeavor but do not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if we fail to deliver any one or more products in the stipulated time frame. In case of any such unforeseen delay in delivery we shall keep you informed through the email id provided by you at the time of checkout. However, if you fail to take the delivery of the goods, we may at our discretion charge you for additional shipping cost.
Products displayed/ sold on our website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
WARRANTIES & LIABILITY
- All information, content, materials, products (including software) and other services included on or otherwise made available to you by FARAWAY TREE ARTS LLP are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through kopaipaar.com, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
- We do not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
- We 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. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that we shall not be liable for any damages of any kind related to your use of this Website.
- Though we shall make all endeavor to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
- All the Products sold on the Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is your responsibility to ensure that the products purchased on this website is not restricted in your territory. We shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
- We will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
You agree to indemnify and shall not hold Faraway Tree Arts LLP (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
- Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.
The failure by Faraway Tree Arts LLP to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by Faraway Tree Arts LLP of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
Failure on the part of Faraway Tree Arts LLP to perform any of its obligations and the non furnishing of the Service), shall not entitle you to raise any claim against Faraway Tree Arts LLP or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Faraway Tree Arts LLP that directly or indirectly hinders or prevents Faraway Tree Arts LLP from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
Any grievances you have by way of use of the website may be addressed to the ‘Customer Care’ by way of email to firstname.lastname@example.org
The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
This electronic record is generated by a computer system and does not require any physical or digital signatures.