TERMS OF USE


Welcome to [www.madebymee.in], the website of Made By Mee, having their registered office at C-108/1921, Dr. Ambedkar Nagar, Cuffe Parade, Colaba, Mumbai-400005, the exclusive licensee of the brand "Made By Mee". ("We" or "Us") provides for a vast online platform wherein which artists and designers from all around the world have an option of displaying their creativity / products/ designs on the website of Made By Mee viz. [www.madebymee.in] ("Website") for sale, without affecting or compromising on their rights over such creativity / design/products. As an entity which deals with innovative products, we understand the importance of respecting the originality of one's work, its quality, copyright and other intellectual property rights. Irrespective of the fact that you are an artist, customer or a browser, it is essential that adequate respect is given to the intellectual property rights of all the works that are displayed on the Website whether it is being purchased or not. The Terms set out in this Website may be altered / amended from time to time depending on the policies of Made By Mee and the prevailing market conditions. Made By Mee requests you to read and understand them as often as possible as it may not be possible for Made By Mee to intimate you on every change that occurs in these Terms. We, through the Website, provide a platform that will enable you to view the contents and products uploaded by various designers ("Products") across the world and purchase the same directly from such designers without any interruption or involvement from the side of Made By Mee. The Website also provides a platform for users to interact with the designers / artists. With the best of intentions, Made By Mee endeavors to push the designs at all avenues that Made By Mee has access to in order to promote the designs including but not limited to other online market places and offline retail channels as the case may be. We request you to note and understand that this Website provides only a Platform for your direct purchase of any Products (designs / pictures of which are uploaded by designers themselves on the Website) from such designers / artists directly and Made By Mee do not have any role, responsibility or liability in the transaction entered into between you and the designer.

We therefore request you to read these terms of service ("Terms") carefully and the privacy policy ("Privacy Policy") set out on the Website. The Terms and Privacy Policy displayed on the Website, once accepted by you, becomes a legally binding contract between you and Us. Your use of the Website, purchase of any Products displayed on the Website, it a clear indication that you have completely agreed to the Terms and Privacy Policy of the Website and all the rules, policies, procedures relating to the services provided by Made By Mee, including in relation to the use of the Website, that may be amended from time to time without providing any notice to you. If you want to ask us anything about these Terms or have any comments or complaints on or about our Website please call us on +91 96195 60784.

Reference to the term "You" on this Website shall mean you individually or in the event you are accepting the Terms and Privacy Policy on behalf of any company or body corporate or such other legal entity, it shall also mean and include such entity. In order to use the Website and accept the Terms and Policy of the Website, you are required to be of 18 years or above or in the event the same is being done on behalf of a company or such other legal entity, you shall be authorized by such legal entity to do such acts on behalf of them. If you do not meet these requirements or do not agree to these Terms or the Privacy Policy, you may not create an account or use the Website. Made By Mee reserves the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.

In consideration of your use of our Website, 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. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Website's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You undertake to indemnify and keep indemnified Made By Mee for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid. "Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of Your Login ID and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Login ID or Password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You undertake to indemnify and keep indemnified Made By Mee for any loss, claim, damage, costs (including legal and professional costs) relating to your responsibility or liability or failure including those aforesaid. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

You understand that all designs, information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the Made By Mee ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights. Made By Mee shall always make its best efforts to safeguard the interest and the rights of the designers with regards to their respective artwork. We request you to note that Made By Mee do not prescreen any of the Content or Products that are uploaded on the Website and therefore will not be in a position to examine or evaluate the same inter-alia in terms of its accuracy, usefulness, safety or such other features. Made By Mee only provides an online platform for the artists to display their creativity, sell their Products inter-alia on the Website and benefit to the best out of it. In doing so, we request you to be legally compliant as required under applicable laws since we do not check so as to whether they have obtained all required rights to do so. Further, Made By Mee do not own any of the intellectual property rights including copyright over the designs, contents and Products displayed for sale on the Website as the same are completely owned by such designers uploading the same or their assignees. Made By Mee only provides a platform that would facilitate the purchase and sale of the Products uploaded by the designers and do not own any content or have any other rights over the same. The user hereby agrees that claim being made in relation to the intellectual property rights of the contents / designs/ Products uploaded on the Website will be made directly against such designers who have uploaded it and Made By Mee shall not be responsible or liable in relation to the same. It shall be the sole discretion of Made By Mee to prescreen the design / content / Product uploaded on the Website. However, it is to be noted that Made By Mee does not have any obligation to do so. If You believe in good faith that any content or Products made available through the Website infringes upon Your intellectual property rights, You may submit a notice of claimed infringement to us in writing to our designated Intellectual Property Rights Agent at [• ].

You agree, understand and confirm that the credit card details provided by you for availing of services on our Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on our Website. We do not be store any information related to your Credit card/ Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

Our payment partner's (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using our Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

When you visit Made By Mee, place an order with us, deal with us in any form via e-mails, feedback, calls or any other mode of communication in last 4 years, you are permitting us to communicate Made By Mee promotional offers to you via mail/message/any other mode of communication. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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.

These Terms shall be construed in accord with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of these Terms. In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use, the same shall be referred to an independent arbitrator who will be appointed by Made By Mee and such Arbitrator's decision shall be final and binding on You. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be conducted in English language and shall be held in New Delhi.

You agree to defend, indemnify and hold us and our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive in perpetuity the expiry or termination of these Terms of Use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and [www.madebymee.in] with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the [www.madebymee.in]. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.