Terms & Conditions
TERMS & CONDITIONS
MyCreativeEye.net has created a platform which brings the artist, Namrata, and customers together. This website provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and MyCreativeEye.Net (“Company” or “us” or “We” or “Our” or “MyCreativeEye.net”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
Please read the agreement below carefully, it governs your use of this website and the provision of the services we provide you. Using this website means you accept the agreement. If you disagree with its terms, do not use this website.
The domain name MyCreativeEye.net is in the business of selling artworks and prints of Artworks and photographs taken, created by Artist Namrata Jain.
2. RIGHT TO CHANGE
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms at any time without further notice. If we do this, we will post the changes to these terms on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the website after any such changes constitutes your acceptance of the new website terms. It is your responsibility to regularly check the website to determine if there have been changes to these terms and to review such changes.
MyCreativeEye.net will only knowingly provide its services to parties that can lawfully enter into and form contracts under the applicable laws of the Republic of India. If you are under the age of 18 you may only use the MyCreativeEye.net services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
5. USER REGISTRATION OBLIGATIONS & CONDUCT
If you use the Website as a Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. MyCreativeEye.net reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. 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, MyCreativeEye.net has 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 do not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libelous, 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; threatens the unity, integrity, defense, 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.
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 MyCreativeEye.net shall in no manner be held responsible for the same.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not our website, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
to submit, upload, send, use or reuse any material that is (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";
to cause annoyance, inconvenience or needless anxiety.
Breaching this provision would constitute a criminal offence. MyCreativeEye.net, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
While using the MyCreativeEye.net services, you agree not to:
post content or products in an inappropriate category or areas on our websites and services;
interfere with other users’ posts and content;
circumvent or manipulate our fee structure, the billing process, or fees owed to MyCreativeEye.net;
transfer your MyCreativeEye.net account and user identification to another party without our consent;
copy, modify, or distribute (i) content from any MyCreativeEye.net website or (ii) any MyCreativeEye.net copyrights or trademarks;
harvest or otherwise collect information about users, including email addresses, without their consent;
impersonate any person or entity, including, but not limited to, a MyCreativeEye.net official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the MyCreativeEye.net service;
While MyCreativeEye.net prohibits such conduct and content on its website, you understand and agree that MyCreativeEye.net cannot be responsible for the content posted on its website and you nonetheless may be exposed to such materials and that you use the MyCreativeEye.net service at your own risk.
You acknowledge, consent and agree that MyCreativeEye.net may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of MyCreativeEye.net, its users and the public.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the MyCreativeEye.net websites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.
6. LINKED WEBSITES
The Services may contain links to other websites that are not owned or controlled by us. Those links are provided for convenience only and may not remain current or be maintained. We do not screen linked websites and are not responsible for the content, security, operation, or use of any linked websites or the products or services that may be offered or obtained through them. Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the Services. Further, we are not responsible for the content or privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites. If you access linked websites, you do so at your own risk.
7. ELECTRONIC COMMUNICATIONS
When you use any of our Services, or send emails 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 email 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. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
8. BUYING AND SELLING PRODUCTS
a) Orders & Billing
All products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order at our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order.
Generally, use of the Services is limited to orders for your personal use. However, if you are interested in buying large quantities of products, please contact our team.
The price of our merchandise as mentioned on MyCreativeEye.net 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. MyCreativeEye.net 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.
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 present 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 MyCreativeEye.net 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 MyCreativeEye.net. 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 full proof online shopping environment to our users.
MyCreativeEye.net may employ PayUbiz, PayPal, GooglePay and such other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by MyCreativeEye.net which shall be at its sole discretion. 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.
If products or services are made available for purchase through the Services and you wish to purchase the products or services, you may be asked by us or our designee (or, if the products or services are being made available by a third party provider, by the third party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information.
c) Taxes and Shipping
Our shipping and processing charges are intended to compensate MyCreativeEye.net for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy.
Applicable taxes will be shown during the checkout process prior to finalizing your order. If applicable, GST is included in the purchase price. Shipping charges will be shown during the checkout process prior to finalizing your order. Shipping charges include the rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling. Title to products passes to you upon shipment. We endeavor to deliver all orders on-schedule. However, we cannot guarantee that our shipping providers or suppliers will not experience any shipping delays or problems.
d) Order Cancellation
Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. MyCreativeEye.net reserves 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.
e) Errors, Inaccuracies and Omissions
We strive to be as accurate as possible. However, we do not warrant that all product descriptions, images, photographs, pricing or other information on the Services are accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund in accordance with our Return, Exchange and Refund policies below. In the event of an error, whether on the Services, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct any errors and revise your order accordingly, or to cancel the order and refund any amount charged. IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.
f) Return & Exchange Policy
We take great care in making sure each MyCreativeEye.net product arrives to you in perfect condition. Orders once delivered, cannot be returned for refund. We don’t believe art and its prints & photographs should be returned – only enjoyed or gifted! However should you be unsatisfied with any size or you received the wrong product of color or size other than what you ordered, you may exchange it, as long as the goods are in the same condition as when they left our offices.
All goods must be packaged securely and include either the order form or invoice which states the order number. The goods should be returned to us in their original condition. If we do not receive the goods in the same condition that we sent them to you in, then we will not be able to offer you a refund or exchange.
You will be responsible for the cost of returning any item to us unless the item is defective or we have delivered the item to you in error or as a substitute. It is advisable to get proof of postage when returning an item. When we receive the goods, we will refund the price paid by you for that item or, at your request, if the item is defective will repair the item or supply you with a replacement item.
Where you request an exchange, you must pay any fees in respect of any packaging, handling and delivery of the goods to you, unless the goods were returned because they were defective or we are at fault for any reason.
9. PROMOTIONAL OR COUPON CODES
By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them. The terms of service on the website shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms of service of the site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the website terms of service shall also apply to these promotional code terms and conditions.
MyCreativeEye.net promotional codes can only be used on MyCreativeEye.net and towards the purchase of items currently featured on our website excluding delivery charges.
Promotional codes cannot be used in conjunction with any other offer on MyCreativeEye.net in the same transaction, or for the purchase of gift vouchers.
The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes should be entered on the payment page during checkout for the discount to apply.
Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out these limits can be found in the communication you received with the code itself.
MyCreativeEye.net reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. MyCreativeEye.net may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.
Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.
MyCreativeEye.net endeavors but does 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 MyCreativeEye.net fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, MyCreativeEye.net may at its discretion charge you for additional shipping cost.
11. LOSS IN TRANSIT
MyCreativeEye.net shall make all endeavors to deliver defect free products to the purchasers. MyCreativeEye.net does not take title to any returned items purchased by the user unless the item is received by MyCreativeEye.net. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to MyCreativeEye.net within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.
MyCreativeEye.net holds the sole discretion to determine whether a refund can be issued. For further information please read our Exchanges & Returns Policy.
12. PRODUCT DETAILS, SPECIFICATIONS, COMPLIANCE & PRICING DISCLAIMER
Products displayed on MyCreativeEye.net attempts to be as accurate as possible. However, MyCreativeEye.net does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by MyCreativeEye.net is not as described, your sole remedy is to contact MyCreativeEye.net within 48 hours of receipt and MyCreativeEye.net riser vest the right to provide a solution as per its discretion. MyCreativeEye.net is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
Products displayed/ sold on the MyCreativeEye.net website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
The Prices displayed on our website may differ from prices that are available in stores. Further the prices displayed in our catalogs are quotes which 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.
From time to time there may be information on our Website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. MyCreativeEye.net reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
13. WARRANTIES & LIABILITY
All information, content, materials, products (including software) and other services included on or otherwise made available to you by MyCreativeEye.net are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. MyCreativeEye.net makes 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 MyCreativeEye.net, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
MyCreativeEye.net does 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 MyCreativeEye.net shall not be liable for any damages of any kind related to your use of this Website.
Though MyCreativeEye.net 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 Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to the 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. MyCreativeEye.net shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
MyCreativeEye.net 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.
14. OWNERSHIP, COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS
We respect the intellectual property rights of others and expect you to do the same. It is our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks or other intellectual property rights of others.
a) All Content is owned by MyCreativeEye.net or by others who have licensed their Content to us, and is protected by Indian and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Services are also protected as a compilation and/or collective work under India and international copyright laws.
b) The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of MyCreativeEye.net or third parties in the India and/or other countries.
c) As between you and MyCreativeEye.net, MyCreativeEye.net owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all MyCreativeEye.net Content, and the compilation of all Content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
d) These Terms do not grant you any ownership over any Content, or any intellectual property rights in any Content, although you remain the owner of any intellectual property rights that you may have in Your User Content.
e) Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of MyCreativeEye.net or any third party, whether by implication or otherwise.
f) These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.
g) We welcome feedback, comments and suggestions about our Services ("Feedback"). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way.
a) Procedure for Reporting Infringements
If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email as provided herein below.
If you believe in good faith that any artwork or content made available through the MyCreativeEye.net infringes upon your intellectual property rights, you may bring it our attention of claimed infringement to us by providing the full information in writing to us. it is our policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation: (a) removing or disabling access to the artwork or content identified in the notice; (b) cancelling orders for products that include the artwork and content identified in the notice.
b) Trademark, Copyright and Restriction
This site is controlled and operated by MyCreativeEye.net and products are sold by MyCreativeEye.net. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
c) Trademark complaint
MyCreativeEye.net respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to MyCreativeEye.net at email@example.com
a) Registration and Account Information
In order to buy products sold through MyCreativeEye.net, you must create an account. When creating an account, you must provide accurate, complete and updated registration and contact information. You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether the activities are authorized, and for keeping your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to any unauthorized use. We reserve the right to require you to alter your password if we have reason to believe your password is no longer secure. We may also require you to change your password from time to time.
You may not select a username that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person’s account. We reserve the right to refuse to provide you with an account or cancel your account at our sole discretion, provided that such termination will not terminate our obligation to make any payments to you that may be owed.
b) Disclosure of Account Information
You acknowledge and agree that we may access, retain and disclose your account information, artwork and content if required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to: (a) enforce these Terms or the policies; (b) respond to your requests for customer service; (c) respond to a legal notice; (d) comply with legal process; or (e) protect the rights, property or personal safety of our company, our users or the public.
c) Termination of Account
We may suspend or terminate your access to the Services if you are determined to be, in our sole discretion, in violation of these Terms or any of our policies. We may also suspend or terminate your access to all or any part of the Services or your account at any time, with or without cause, with or without notice, effective immediately.
You may terminate these Terms at any time by terminating your use of the Services.
On termination of these Terms for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination will survive. We will have no liability to you for any claims arising from the termination or suspension of your access to the Services or your account.
16. RESOLUTION OF DISPUTES
a) Governing Law and Jurisdiction
b) Informal Resolution
It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at firstname.lastname@example.org to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.
c) Mutual Agreement to Arbitrate
You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms or to any products or services sold or distributed by us or through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner infringed upon or violated, or threatened to infringe upon or violate the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Mumbai, Maharashtra, India. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitration under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
d) Right to Opt-Out
YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to email@example.com or by mailing us, postage prepaid, to MyCreativeEye.net’s registered office address. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products on the Services or your first upload of artwork to the Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
f) Limitation of Actions
You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the MyCreativeEye.net Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
You acknowledge that any agreement you make with another party through the Services is strictly between you and that party and we are not a party to that agreement. If you have a dispute with another party, you hereby release us (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with that dispute.
h) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT AND WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF MONEY OR PROFITS, GOODWILL, DATA, ARTWORK, CONTENT OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF THE SERVICES.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO Rs. 1000.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
j) Data Transfer
k) Other Jurisdictions
If you live in a country in which we have a local website, the terms and conditions of such local website will govern your use of the Services and will supersede these Terms even if you are visiting or making purchase on MyCreativeEye.net
17. FORCE MAJEURE
We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.
You agree to defend and indemnify MyCreativeEye.net (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from and against all third party claims, suits, damages, claims and losses, 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.You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) arising from or in any way related to: (a) your artwork, content or use of the Services, including without limitation, your sale of any products; (b) your (or anyone using your account’s) breach of these Terms or any of our policies; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.
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.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the notice provision. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights.
These Terms, set forth the entire understanding and agreement between you and us with respect to the subject matter these Terms.
Any grievances you have by way of use of the website can 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.
22. HOW TO CONTACT US
If you have any questions or comments about these Terms & Conditions, please contact us by email at email@example.com
or send a letter to:
F-202/3 Ashok Gardens, T.J. Road, Shivdi, Mumbai - 400015, Maharashtra, India.
We will do our best to respond to you in a timely and professional manner to answer your questions and resolve your concerns.