Terms & Condition
Creator
Mantra Terms and Conditions of Use
Kindly
Go Through The Following Terms and Conditions of Use and Agreement Carefully
The
following agreement captures the terms and conditions of use ("Agreement"), applicable to
your use of Creatormantra.com "Web Site"), which promotes business on
the mixture of model of B to B and B to C. It is an agreement between you as
the user of the Web Site/IIL Services and Creator Mantra ("CM"). The
expressions "You" "Your" or "User(s)' refers to any
person who accesses or uses the Web Site for any purpose.
By
subscribing to or interacting with other User(s) on or entering into
negotiations in respect of sale or supply of goods or services on or using the
Web Site or its Services in any manner for any purpose, you undertake and agree
that you have fully read, understood and accepted the Agreement.
If
you do not agree to or do not wish to be bound by the Agreement, you may not
access or otherwise refrain from using the Web Site in any manner.
1. Agreement Of
User(s)
2. Amendments To
Agreements How Made
3. Data Protection/Personal
Information
4. Eligibility
Of User(s)
5. Governing
Laws and Resolution Of Disputes
6. General Terms
/Miscellaneous Clauses
7. Interaction amongst
Users
8. Limitations
of Liability/Disclaimer
9. Links to
Third Party Sites/Content
10. Notices
11. Posting
Content On CM By Sellers
12. Pharmaceutical
Product/Services Polices
13. Registered
User(s)
14. Right Related
To Intellectual Property
15. Termination
16. Various Services
Provided by CM
17. WebSite-Merely
a Venue/Platform
18. Refund and cancellation
19. Shipping and Delivery
Agreement of
User (s)
This
Agreement applies to any person who accesses or uses the Web Site or uses CM Services
for any purpose. It also applies to any legal entity which may be represented
by any person who accesses or uses the Web Site, under actual or apparent
authority. User(s) may use this Web Site and/or CM Services solely for their
commercial /business purposes. This Agreement applies to all services offered
on the Web Site and by CM, collectively with any additional terms and
conditions that may be applicable in respect of any specific service used or
accessed by User(s) on the Web Site. In the event of any conflict or
inconsistency between any provision of this Agreement and any additional terms
and conditions applicable in respect of any service offered on the Web Site,
such additional terms and conditions applicable in respect of that service shall
prevail over this Agreement.
Amendment To
User(s) Agreement
CM
reserves the right to change, modify, amend, or update the Agreement from time
to time and such amended provisions of the Agreement shall be effective
immediately upon being posted on the Web Site. If you do not agree to such
provisions, You must stop using the service with immediate effect. Your
continuous use of the service will be deemed to signify Your acceptance of the
amended provisions of the Agreement.
Data Protection
/ Personal Information
Personal
information supplied by User(s) during the use of the Web Site is governed by
IIL's privacy policy ("Privacy Policy"). Please click here to know
about the Privacy Policy.
Eligibility of
User(s)
User(s)
represent and warrant that they have the right to avail or use the services
provided by CM, including but limited to the Web Site or any other services
provided by CM in relation to the use of the Web Site ("CM's Services"). CM's Services can only be availed by
those individuals or business entities, including sole proprietorship firms,
companies and partnerships, which are authorised under applicable law to form
legally binding agreements. As such, natural persons below 18 years of age and
business entities or organisations that are not authorised by law to operate in
India or other countries are not authorised to avail or use CM's Services.
User(s)
agree to abide by the Agreement and any other rules and regulations imposed by
the applicable law from time to time. III. Or the website shall have no
liability to the User(s) or anyone else for any content, information or any
other material transmitted over CM's Services, including any fraudulent,
untrue, misleading, inaccurate, defamatory, offensive or illicit material and
that the risk of damage from such material rests entirely with each User(s).
The user shall do its own due diligence before entering into any transaction
with other users on the website. CM at its sole discretion reserves the right
to refuse CM's Services to anyone at any time. CM's Services are not available
and may not be availed or used by User(s) whose Accounts have been temporarily
or indefinitely suspended by CM.
Governing Laws
and Dispute Resolution
This
Agreement and the Privacy Policy shall be governed in all respects by the laws
of Indian Territory. CM considers itself and intends itself to be subject to
the jurisdiction of the Courts of Delhi, New Delhi, India only. The parties to
this Agreement hereby submit to the exclusive jurisdiction of the courts of Delhi,
New Delhi, India.
However,
it is made clear that any dispute arising between the parties shall be subject
to Arbitration, wherein it is seen that an Arbitrator shall be appointed as per
mutual consent of the parties.
GENERAL TERMS
/ MISCELLANEOUS CLAUSES
Headings
for any section of the Agreement are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section.
CM's
failure to enforce any right or failure to act with respect to any breach by a
User(s) under the Agreement and/or Privacy Policy will not be deemed to be a
CM's waiver of that right or CM's waiver of the right to act with respect with
subsequent or similar breaches. Its shall have the right to assign its obligations and duties in this Agreement and
in any other agreement relating CM's Services to any person or entity
If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck out and the
remaining provisions of the Agreement shall be enforced.
All
calls to Creator Mantra are completely confidential. However, your call may be
recorded to ensure quality of service. Further, for training purpose and to
ensure excellent customer service, calls from Creator Mantra may be monitored
and recorded.
Mr. Is the designated Grievance Officer in respect
of CM's Services. Any complaints or concerns with regards to any content on CM's
Services or any breach of this Agreement or Privacy Policy can be directed to
the designated Grievance Officer in writing at Creator Mantra, , C-108, Sector- 2,
Noida-201301, Uttar Pradesh, India or through an email signed with the
electronic signature sent to The
Agreement and the Privacy Policy constitute the entire agreement between the
User(s) and CM with respect to access to and use of the Web Site, superseding
any prior written or oral agreements in relation to the same subject matter
herein. Interaction amongst
Users
All
provides an online platform to facilitate interaction between buyers and
suppliers of products and services. CM does not represent the seller or the
buyer in transactions and does not charge any commission for enabling any
transaction. CM does not control and is not liable to or responsible for the
quality, safety, lawfulness or availability of the products or services offered
for sale on the Web Site or the ability of the suppliers to complete a sale or
the ability of buyers to complete a purchase. User(s) are cautioned that there
may be risks of dealing with foreign nationals or people acting under false
pretences on the Web Site. Web Site uses several tools and techniques to verify
the accuracy and authenticity of the information provided by User(s). CM
however, cannot and does not confirm each User(s) purported identity on the Web
Site, CM encourages User(s) to evaluate the User(s) with whom they would like
to deal with and use the common prudence while dealing with them.
User(s)
agree to fully assume the risks of any transactions ("Transaction
Risks") conducted on the basis of any content, information or any other
material provided on the Web Site and further assume the risks of any liability
or harm of any kind arising due to or caused in connection with any subsequent
activity relating to any products or services that are the subject of any such
transaction.
Such
risks include, but are not limited to, misrepresentation of products and
services, fraudulent schemes, unsatisfactory quality, failure to meet
specifications, defective or dangerous products, unlawful products, delay or
default in delivery or payment, cost miscalculations, breach of warranty,
breach of contract and transportation accidents.
Such
risks also include the risks that the manufacture, importation, distribution,
offer, display, purchase, sale and/or use of products or services offered or
displayed on the Web Site may violate or may be asserted to violate Third Party
Rights, and the risk that that User(s) may incur costs of defence or other
costs in connection with third parties' assertion of Third Party Rights, or in
connection with any claims by any party that they are entitled to defence or
indemnification in relation to assertions of rights, demands or claims by Third
Party Rights claimants.
Such
risks further include the risks that are the purchasers, end-users of products
or others claiming to have suffered injuries or harms relating to product
originally obtained by User(s) of the Web Site as a result of purchase and sale
transactions in connection with using any content, information or any other
material provided on the Web Site may suffer hams and/or assert claims arising
from their use of such products.
User(s)
agree that CM shall not be liable or responsible for any damages, liabilities,
costs, harms, inconveniences, business disruptions or expenditures of any kind
that may occur/ arise as a result of or in connection with any Transaction
Risks. User(s) are solely responsible for all of the terms and conditions of
the transactions conducted on, through or as a result of use of any content,
information or any other material provided on the Web Site, including, without
limitation, terms regarding payment, returns, warranties, shipping, insurance,
fees, taxes, title, licenses, fines, permits, handling, transportation and
storage. In the event of a dispute with any party to a transaction, User(s)
agrees to release and indemnify CM (and our agents, affiliates, directors,
officers and employees) from all claims, demands, actions, proceedings, costs,
expenses and damages (including without limitation any actual, special,
incidental or consequential damages) arising out of or in connection with such
transaction.
Creator
Mantra reserves the right to add/modify/discontinue any of the features offered
on its various services. Limitation Of
Liability / Disclaimer
The
features and services on the Web Site are provided on an "as is" and
" as available " basis, and CM hereby expressly disclaims any and all
warranties, express or implied, including but not limited to any warranties of
condition, quality, durability, performance, accuracy, reliability, merchantability
or fitness for a particular purpose. All such warranties, representations,
conditions, undertakings and terms are hereby excluded. It makes no
representations or warranties about the validity, accuracy, correctness,
reliability, quality, stability or completeness of any information provided on
or through the Web Site.
CM
does not represent or warrant that the manufacture, importation, distribution,
offer, display, purchase, sale and/or use of products or services offered or
displayed on the Web Site does not violate any Third Party Rights; and CM makes
no representations or warranties of any kind concerning any product or service
offered or displayed on the Web site. Any material downloaded or otherwise
obtained through the Web site is at the User(s) sole discretion and risk and
the User(s) is solely responsible for any damage to its computer system or loss
of data that may result from the download of any such material. No advice or
information, whether oral or written, obtained by the User(s) from Web Site or
through or from the Web Site shall create or be deemed to create any warranty
not expressly Stated herein.
Under
no circumstances shall (CM be held liable for any delay or failure or
disruption of the content or services delivered through the Web Site resulting
directly or indirectly from acts of nature, forces or causes beyond its
reasonable control, including without limitation, internet failures, computer,
telecommunications or any other equipment failures, electrical power failures,
strikes, labour disputes, riots, insurrections, civil disturbances, shortages
of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities,
war, governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
User(s) hereby agree to indemnify and save CM,
its affiliates, directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity basis)
which may arise from their use of the Web Site (including but not limited to
the display of User(s) information on the Web Site) or from User(s)'s breach of
any of the terms and conditions of this Agreement. User(s) hereby further agree
to indemnify and save CM, its affiliates, directors, officers and employees
harmless, from any and all losses, claims, liabilities (including legal costs
on a full indemnity basis) which may arise from User(s)'s breach of any
representations and warranties made by the User(s) to CM.
User(s)
hereby further agree to indemnify and save CM, its affiliates, directors,
officers and employees harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which may arise, directly or
indirectly, as a result of any claims asserted by Third Party Rights claimants
or other third parties relating to products offered or displayed on the Web
Site. User(s) hereby further agree that CM is not responsible and shall have no
liability for any material posted by other User(s) or any other person;
including defamatory, offensive or illicit material and that the risk of damage
from such material rests entirely with the User(s). CM reserves the right, at
its own expense, to assume the exclusive defence and control of any matter
otherwise subject to indemnification by any User(s), in which event such
User(s) shall cooperate with CM in asserting any available defences.
CM
shall not be liable for any special, direct, indirect, punitive, incidental or
consequential damages or any damages whatsoever (including but not limited to
damages for loss of profits or savings, business interruption, loss of
information), whether in contract, negligence, tort, strict liability or
otherwise or any other damages resulting from any of the following: The use or
the inability to use the Web Site;
Any
defect in goods, samples, data, information or services purchased or obtained
from a User(s) or a third-party service provider through the web site;
Violation
of Third Party Rights or claims or demands that User(s) manufacture,
importation, distribution, offer, display, purchase, sale and/or use of
products or services offered or displayed on the web site may violate or may be
asserted to violate Third Party Rights; or claims by any party that they are
entitled to defence or indemnification in relation to assertions of rights,
demands or claims by Third Party Rights claimants;
Unauthorized
access by third parties to data or private information of any
User(s);Statements or conduct of any User(s) of the web site, or;
Any
matters relating to Premium Services however arising, including negligence. Links To
Third Party Sites / Consent
Links
to third party sites are provided on Web Site as a convenience to User(s).
User(s) acknowledge and agree that CM does not have any control over the
content of such websites and/ or any information, resources materials provided
therein or CM may allow User(s) access to content, products or services offered
by third parties through hyperlinks (in the form of word link, banners,
channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). CM
advises its User(s) to read the terms and conditions of use and/or privacy
policies applicable in respect of such Third Party Websites prior to using or
accessing such Third Party Websites. Users acknowledge and agree that CM has no
control over any content offered on Third Party Websites, does not monitor such
Third Party Websites, and shall in no manner be deemed to be liable or
responsible to any person for such Third Party Sites, or any content, products
or services made available there of. NOTICESAll
notices or demands to or upon CM shall be effective if in writing and shall be
deemed to be duly made when sent to CM to Creator Mantra, C-108,
2ND FLOOR, Sector - 2,Noida-201301, Uttar Pradesh, India, All notices or demands to or upon a
User(s) shall be effective if either delivered personally, sent by courier,
certified mail, by facsimile or email to the last-known correspondence, fax or
email address provided by the User(s) on the Web Site, or by posting such
notice or demand on an area of the Web Site that is publicly accessible without
a charge.
Notice
to a User(s) shall be deemed to be received by such User(s) if and when Web
Site is able to demonstrate that communication, whether in physical or
electronic form, has been sent to such User(s), or immediately upon Web Site's
posting such notice on an area of the Web Site that is publicly accessible
without charge.
Posting
Content On Website By Sellers
Some
content displayed on the Web Site is provided or posted by third parties.
User(s) can post their content on some of the sections/services of the Web Site
using the self-help submit and edit tools made at the respective sections of
the Web Site. User(s) may need to register and/or pay for using or availing
some of these services.
User(s)
understand and agree that CM in such case is not the author of the content and
that neither (CM nor any of its affiliates, directors, officers or employees
have entered into any arrangement including any agreement of sale or agency
with such third parties by virtue of the display of such content on the Web
Site. User(s) further understand and agree CM is not responsible for the
accuracy, propriety, lawfulness or truthfulness of any third party content made
available on the Web Site and shall not be liable to any User(s) in connection
with any damage suffered by the User(s) on account of the User(s)'s reliance on
such content. CM shall not be liable for User activities on the Web Site, and
shall not be liable to any person in connection with any damage suffered by any
person as a result of any User's conduct. User(s) solely represent, warrant and
agree to:
(a) Provide CM
with true, accurate, current and complete information to be displayed on the
Web Site;
(b) maintain and
promptly amend all information provided on the Web Site to keep it true,
accurate, current and complete User(s) hereby grant CM an irrevocable,
perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers)
license to display and use all information provided by them in accordance with
the purposes set forth in the Agreement and to exercise the copyright,
publicity and database rights User(s) have in such material or information, in
any form of media, third party copyrights, trademarks, trade secret rights,
patents and other personal or proprietary rights affecting or relating to
material or information displayed on the Web Site, including but not limited to
rights of personality and rights of privacy, or affecting or relating to
products that are offered or displayed on the Web Site (hereafter referred to
as "Third Party Rights").
User(s)
hereby represent, warrants and agree that User(s) shall be solely responsible
for ensuring that any material or information posted by User(s) on the Web Site
or provided to the Web Site or authorized by the User(s) for display on the Web
Site, does not, and that the products represented thereby do not, violate any
Third Party Rights, or is posted with the permission of the owner(s) of such
Third Party Rights. User(s) hereby represent, warrant and agree that they have
the right to manufacture, offer, sell, import and distribute the products
offered and displayed on the Web Site, and that such manufacture, offer, sale,
importation and/or distribution of those products violates no Third Party
Rights.
User(s)
agree to undertake that they shall not use Creator Mantra’s Content and/or CM's
Services to send junk mail, chain letters or spamming. Further, registered
User(s) of the Web Site agree that they will not use the Email Account to
publish, distribute, transmit or circulate any unsolicited advertising or
promotional information. User(s) further hereby represent, warrant and agree (i) to host, display, upload, modify,
publish, transmit, store, update or share ; or (ii) submit to CM for display on the Web Site or transmit or sought
to be transmitted through CM's Services any content, material or information
that does not and shall at no point:
Contain
fraudulent information or make fraudulent offers of items or involve the sale
or attempted sale of counterfeit or stolen items or items whose sales and/or
marketing is prohibited by applicable law, or otherwise promote other illegal
activities;
Belong
to another person and to which User(s) do not have any right to;
Be
part of a scheme to defraud other User(s) of the Web Site or for any other
unlawful purpose;
Be
intended to deceive or mislead the addressee about the origin of such messages
or knowingly and intentionally is used to communicate any information which (i)
is patently false or grossly offensive or menacing/misleading in nature but may
reasonably be perceived as a fact; or (ii) harass a person, entity or agency
for financial gain or to cause any injury to any person;
Relate
to sale of products or services that infringe or otherwise abet or encourage
the infringement or violation of any third party's copyright, patent,
trademarks, trade secret or other proprietary right or rights of publicity or
privacy, or any other Third Party Rights;
Violate
any applicable law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising);
Be
defamatory, abusive libellous, unlawfully threatening, unlawfully harassing,
grossly harmful, indecent, seditious, blasphemous, paedophilic, hateful,
invasive of another's privacy, including bodily privacy racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, leading to breach of confidence, or otherwise unlawful or
objectionable in any manner whatever;
Be
vulgar, obscene or contain or infer any pornography or sex-related
merchandising or any other content or otherwise promotes sexually explicit
materials or is otherwise harmful to minors;
Promote
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age;
Contain
any material that constitutes unauthorized advertising or harassment (including
but not limited to spamming), invades anyone's privacy or encourages conduct
that would constitute a criminal offense, give rise to civil liability, or
otherwise violate any law or regulation;
Solicit
business from any User(s) in connection with a commercial activity that
competes with CM;
Threaten
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 cognisable offence or prevents investigation of any offence
or is insulting any other nation;
Contain
any computer viruses or other destructive devices and codes that have the
effect of damaging, interfering with, intercepting or expropriating any
software or hardware system, data or personal information or that are designed
to interrupt, destroy or limit the functionality of any computer resource;
Link
directly or indirectly to or include descriptions of goods or services that are
prohibited under the prevailing law; or otherwise create any liability for CM
or its affiliates.
CM
reserves the right in its sole discretion to remove any
material/content/photos/offers displayed on the Web Site which in CM's
reasonable belief is unlawful or could subject CM to liability or in violation
of the Agreement or is otherwise found inappropriate in CM's opinion. CM
reserves the right to cooperate fully with governmental authorities, private
investigators and/or injured third parties in the investigation of any
suspected criminal or civil wrongdoing.
In
connection with any of the foregoing, CM reserves the right to suspend or
terminate the Account of any User(s) as deemed appropriate by CM at its sole
discretion. User(s) agree that CM shall have no liability to any User(s),
including liability in respect of consequential or any other damages, in the
event CM takes any of the actions mentioned in this provision.
User(s)
understand and agree that the Web Site acts as a content integrator and is not
responsible for the information provided by User(s) displayed on the Web Site. CM
does not have any role in developing the content displayed on the Web Site. CM
has the right to promote any content including text, images, videos, brochures
etc. provided by User(s) on various platforms owned by the company. PHARMACEUTICAL
PRODUCT/SERVICE POLICIES
The
Web Site does not facilitate the purchase of pharmaceutical products, and only
advertises and/or showcases the pharmaceutical products posted by Users(s).
User(s) involved in the purchase and supply of pharmaceutical products hereby
agree to abide by and be compliant of any applicable laws, rules, regulations,
notifications or orders issued by the Government of India or any of its
agencies from time to time in this regard including but not limited to Drugs
and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 ("Drug
Rules"), Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
("Drug and Magic Remedies Act").
CM
shall not be responsible for any information, content or material in respect of
or related to any pharmaceutical product posted, provided or displayed by
User(s) on the Web Site. Accordingly, the User posting the content shall ensure
that the content so posted does not violate any statue in the rules made
thereunder including the Act(s) as referred above, so that no consequences of
any nature could be attributed to CM any manner whatsoever
Users(s)
hereby undertake that they shall solely be responsible and shall bear all the
liabilities in respect of selling prescription medicines and/or drugs mentioned
in any of the Schedules of the Drug Rules without a prescription issued by a
registered medical practitioner and in accordance with the conditions laid down
in such rules. In the event of breach of such condition, it shall not be liable
and responsible in any manner whatsoever.
Users(s)
undertake and agree to indemnify and hold harmless CM and/or any of its
affiliates, directors, officers, employees or representatives from and against
any and all losses, liabilities, damages, claims, costs and expenses (including
attorney's fees and expenses, any third party claims), which CM might incur or
suffer as a result of or in connection with any illegal sales of drugs and/or
medicines.
CM
does not offer any guarantees or warranties on the medicinal products or
services displayed or listed on the Web Site and is not liable for any relevant
transaction between the User(s), including transactions involving sale of any
medicine(s) restricted and/or banned for sale by any governmental or any other
regulatory authorities.
Registered
User(s)
To
become a registered User(s) of the Web Site a proper procedure has been made
available on the Web Site which is for the convenience of User(s) so that they
can easily use the website.
User(s)
can become registered User(s) by filling an on-line registration form on the
Web Site by providing the required information (including name, contact
information, details of User(s) business, etc.). (CM will establish an account
("Account") for the User(s) upon successful registration and will
assign a user alias ("User {D") and password ("Password")
for log-in access to the User(s)'s Account. CM may at its sole discretion
assign to User(s) upon registration a web-based email or messaging account
("Email Account") with limited storage space to send or receive
emails or messages. Users will be responsible for the content of all the
messages communicated through the account User(s) registering on the Web Site
on behalf of business entities represent and warrant that: (a) they have the
requisite authority to bind such business entity this Agreement; (b) the
address provided by such User(s) at the time of registration is the principal
place of business of such business entity; and (c) all other information
provided to fil during the registration process is true, accurate, current and
complete. For purposes of this provision, a branch or representative office of
a User(s) will not be considered a separate entity and the principal place of
business of the User(s) will be deemed to be that of its head office.
User(s)
agree that by registering on the Web Site, they consent to the inclusion of
their personal data in CM's on-line database and authorize CM to share such
information with other User(s). CM may refuse registration and deny the
membership and associated User ID and Password to any User(s) for whatever
reason. CM may suspend or terminate a registered membership at any time without
any prior notification in interest of CM or general interest of its User(s)
without assigning any reason thereof and there shall arise no further liability
on CM of whatsoever nature due to the suspension or termination of the User
account. User(s) registered on the Web Site are in no manner a part of or
affiliated with Creator Mantra.
User(s)
further agree and consent to be contacted by CM through phone calls, SMS
notifications or any other means of communication, in respect to the services
provided by CM even if contact number(s) provided to CM upon registration are
on Do Not Call Registry,
Rights
Related To Intellectual Property
CM
is the sole owner and the lawful licensee of all the rights to the Web Site and
its content ("Web Site Content"). Web Site Content means the design,
layout, text, images, graphics, sound, video etc. of or made available on the
Web Site. The Web Site Content embodies trade secrets and other intellectual
property rights protected under worldwide copyright and other applicable laws
pertaining to intellectual property. All title, ownership and intellectual
property rights in the Web Site and the Web Site Content shall remain in CM,
its affiliates or licensor's of the Web Site content, as the case may be.
All
rights, not otherwise claimed under this Agreement by CM, are hereby reserved.
Any information or advertisements contained on, distributed through, or linked,
downloaded or accessed from any of the services contained on the Web Site or
any offer displayed on or in connection with any service offered on the Web
Site ("Website Information") is intended, solely to provide general
information for the personal use of the User(s), who fully accept any and all
responsibility and liabilities arising from and out of the use of such
Information. CM does not represent, warrant or endorse in any manner the
accuracy or reliability of Website Information, or the quality of any products
and/or services obtained by the User(s) as a result of any Website Information.
For
any content and or link uploaded to the Website by the User from YouTube, the
User agrees to abide and accepts, the terms of service of YouTube, available at
https://www.youtube.com/t/terms.
The
Information is provided "as is" with no guarantee of completeness,
accuracy, timeliness or of the results obtained from the use of the
Information, and without warranty of any kind, express or implied, including,
but not limited to warranties of performance, merchantability and fitness for a
particular purpose. Nothing contained in the Agreement shall to any extent
substitute for the independent investigations and the sound technical and
business judgment of the User(s). In no event shall CM be liable for any
direct, indirect, incidental, punitive, or consequential damages of any kind
whatsoever with respect to CM's Services. User(s) hereby acknowledge that any
reliance upon the information shall be at their sole risk and further
understand and acknowledge that the Information has been compiled from publicly
aired and published sources. CM respects the rights of such entities and cannot
be deemed to be infringing on the respective copyrights or businesses of such
entities. CM reserves the right, in its sole discretion and without any
obligation, to make improvements to, or correct any error or omissions in any
portion of the information.
Trademark
"Creator
Mantra" and related icons and logos are registered trademarks or trademarks
or service marks of CM in various jurisdictions and are protected under
applicable copyright, trademark and other proprietary and intellectual property
rights laws. The unauthorized adoption copying, modification, use or
publication of these marks is strictly prohibited.
Copyright
All
Web Site Content including Website Information is copyrighted to CM excluding
any third-party content and any links to any third-party websites being made
available or contained on the Web Site. User(s) may not use any trademark,
service mark or logo of any independent third parties without prior written
approval from such parties.
User(s)
acknowledge and agree that CM is not an arbitrator or judge of disputes
concerning intellectual property rights and as such cannot verify that user(s)
selling or supplying merchandise or providing services on the Web Site have the
right to sell the merchandise or provide the services offered by such User(s). CM
encourages User(s) to assist CM in identifying listings on the Web Site which
in the User(s) knowledge or belief infringe their rights. User(s) further
acknowledge and agree by taking down a fisting, CM does not and cannot be
deemed to be endorsing a claim of infringement and further that in those
instances in which III declines to take down a listing, CM does not and cannot
be deemed to be endorsing that the listing is not infringing of third party
rights or endorsing any sale or supply of merchandise or services pursuant to or
on account of such listing.
CM
respects the intellectual property rights of others, and we expect our User(s)
to do the same. User(s) agree to not copy, download or reproduce the Web Site
Content, Information or any other material, text, images, video clips, directories,
files, databases or listings available on or through the Web Site ("CM Content")
for the purpose of re-selling or re-distributing, mass mailing (via email,
wireless text messages, physical mail or otherwise) operating a business
competing with CM, or otherwise commercially exploiting the CM Content unless
otherwise agreed between the parties. Systematic retrieval of CM Content to
create or compile, directly or indirectly, a collection, compilation, database
or directory (whether through robots, spiders, automatic devices or manual
processes) without written permission from CM is prohibited.
In
addition, use of the CM Content for any purpose not expressly permitted in this
Agreement is prohibited and entitles CM to initiate appropriate legal action.
User(s) agree that as a condition of their access to and use of CM's Services,
they will not use CM's Services to infringe the intellectual property rights of
any third parties in any way. CM reserves the right to terminate the right of
any User(s) to access or use CM's Services for any infringement of the rights
of third parties in conjunction with use of the CM's Service, or in the event CM
is of the believes that User(s) conduct is prejudicial to the interests of CM,
its affiliates, or other User(s), or for any other reason, at CM's sole
discretion, with or without cause.
URL's/Sub-Domain
URL's/
Sub-domain names assigned by CM to User(s) (including both paid and free
User(s) are the exclusive property of CM and it cannot be assumed to be
permanent in any case. CM reserves the right, without prior notice, at any
point of time, to suspend or terminate or restrict access to or edit any
URL's/Sub-domain names. In all such cases, CM will not be liable to any party
for any direct, indirect, special or other consequential damages, including,
without limitation, any lost profits, business interruption or otherwise. CM may
allow User(s) access to content, products or services offered by third parties
through hyperlinks (in the form of word link, banners, channels or otherwise)
to the websites offered by such third parties ("Third Party Websites'). CM
advises its User(s) to read the terms and conditions of use and/or privacy
policies applicable in respect of such "Third Party Websites prior to
using or accessing such Third Party Websites. Users acknowledge and agree that CM
has no control over any content offered on Third Party Websites, does not
monitor such Third Party Websites, and shall in no manner be deemed to be
liable or responsible to any person for such Third Party Sites, or any content,
products or services made available there of. TERMINATION
Most
content and some of the features on the Web Site are made available to User(s)
free of charge. However, CM reserves the right to terminate access to certain
areas or features of the Web Site (to paying or registered User(s)) at any time
without assigning any reason and with or without notice to such User(s). CM
also reserves the universal right to deny access to particular User(s) to any
or all of its services or content without any prior notice or explanation in
order to protect the interests of CM and/ or other User(s) of the Web Site. CM
further reserves the right to limit, deny or create different access to the Web
Site and its features with respect to different User(s), or to change any or
all of the features of the Web Site or introduce new features without any prior
notice to User(s). CM reserves the right to terminate the
membership/subscription of any User(s) temporarily or permanently for any of
the Following reasons: (a) If any false information in connection
with their account registered with CM is provided by such User(s), or if such
User(s) are engaged in fraudulent or illegal activities/transactions. (b) If such User(s) breaches any provisions of
the Agreement.(c)
If such User(s) utilizes the Web Site to send spam messages or repeatedly
publish the same product information.(d)
If such User(s) posts any material that is not related to trade or business
cooperation.(e)
If such User(s) impersonates or unlawfully uses another person's or business
entity's name to post information or conduct business any manner. (f)
If such User(s) is involved in unauthorized access, use, modification, or
control of the Web Site database, network or related services.(g)
If such User(s) obtains by any means another registered User(s) Username and/or
Password.(h)
Or any other User(s) activity that may not be in accordance with the ethics and
honest business practices. If CM terminates the membership of any registered
User(s) including those User(s) who have subscribed for the paid services of CM,
such person will not have the right to re-enroll or join the Web Site under a
new account or name unless invited to do so in writing by CM, in any case of
termination, no subscription/membership fee/charges paid by the User(s) will be
refunded. User(s) acknowledge that inability to use the Web Site wholly or
partially for whatever reason may have adverse effect on their business.
User(s) hereby agree that in no event shall CM be liable to any User(s) or any
third parties for any inability to use the Web Site (whether due to disruption,
limited access, changes to or termination of any features on the Web Site or
otherwise), any delays, errors or omissions with respect to any communication
or transmission, or any damage (direct, indirect, consequential or otherwise)
arising from the use of or inability to use the Web Site or any of its
features. Various
Services Provided By CM
CM
Provides the following services to its Customers and their respective
definitions are classified here under: -
"CM
GLOBAL LISTING": It gives the User(s) priority listing within categories of their
choice as available on Creator Mantra, thus increasing visibility of their
products and increased leads and enquiries.
"CM PREMIUM
SELLER" : It is add-on service by Creator Mantra which gives its User(s)
priority listing in their chosen category of products. By availing this service
the User(s) will get benefits of increased leads and enquiries.
"Standard
Listing": It is a professionally-designed catalogue on Creator Mantra along
with independent control to add, delete, and edit text and images as per
requirement of customers.
"Free
listings" User(s): Users are said to be verified if any of their provided
primary/ secondary, mobile or email is verified by CM. Website Merely
Avenue /Platform
The Web Site acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. CM or creatormantra.com are not parties to any negotiations that take place between the User(s) of the Web Site and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between User(s)of the Website CM does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Web Site or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between CM and any other party.
Refund And Cancellation
Still, Buyers may apply for refund in on Creator Mantra
within 12hours of delivery the product, If the dealer fails to transport on
time or the product quality varies from what was agreed upon.
We'll probe,
intervene and resolve your claim with an end of furnishing a satisfactory
outgrowth, including refund of the purchase if necessary.
Creator Mantra will
give the platform for buyers and Sellers to interact and come to terms in case
of any product returns. For more queries please email us at help@creatormantra.com .
Shipping and Delivery
The product ordered by the Buyer, will be dispatched to the seller
either through his own logistics or through 3rd party Logistics Provider.
The product will be shipped
in the particular time period mentioned during placing the order.
There will be
logistics charges applicable based on the seller or type of product bought.