FESTMARKET Terms & Conditions
Please read the following terms and conditions of use agreement carefully.
The following demonstrates terms and conditions of use (here-in-after referred to as an “Agreement”), applicable to your use of festmarket.com (hereinafter referred to as “web site”), which promotes business between suppliers and buyers globally. It is an agreement between you as the user(s) of the web site (the “User(s)”) and Festmarket.com. (Hereinafter referred to as “FESTMARKET”).
Before you subscribe to and/or begin participating in or using web site, FESTMARKET believes that user(s) have fully read, understood and accept the agreement.
If you do not agree to or wish to be bound by this agreement, you may not access or otherwise use the web site.
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by FESTMARKET. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law, i. e. user(s) must be at least 18 years of age to be eligible to use our services.
FESTMARKET advises its users that while accessing the web site, they must follow/abide by the related laws. FESTMARKET is not responsible for the possible consequences caused by your behavior during use of the website. FESTMARKET may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of the website.
This agreement applies to user(s) if user(s) are visitors, registered – free or paid user(s) who access the web site for any purpose. It also applies to any legal entity that may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all FESTMARKET services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
AMENDMENT TO USER(S) AGREEMENT
FESTMARKET may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
INTELLECTUAL PROPERTY RIGHTS
FESTMARKET is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the website and its content shall remain with Festmarket.com, its affiliates or licensor’s of Festmarket.com content, as the case may be.
All rights, not otherwise claimed under this agreement or by Festmarket.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. FESTMARKET does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this 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 herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall FESTMARKET be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
The information presented here has been compiled from publicly aired and published sources. FESTMARKET respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. FESTMARKET 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 service or the materials.
“FestMarket”, the related icons, and logos are registered trademarks or trademarks or service marks of FESTMARKET in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site is the copyright of FESTMARKET except the third party content and link to third party website on our website.
FESTMARKET respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site (the “FESTMARKET 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 FESTMARKET, or otherwise commercially exploiting the FESTMARKET content. Systematic retrieval of FESTMARKET 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 FESTMARKET is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of FESTMARKET’s services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. FESTMARKET reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the FESTMARKET service, or if FESTMARKET believes that user(s) conduct is harmful to the interests of FESTMARKET, its affiliates, or other users, or for any other reason in FESTMARKET’s sole discretion, with or without cause.
LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and FESTMARKET has not have any control over such sites i.e. content and resources provided by them.
FESTMARKET 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 such Third Party’s web site. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. FESTMARKET believes that user(s) acknowledge that FESTMARKET has no control over such third party’s site, does not monitor such sites, and FESTMARKET shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Most content and some of the features on the web site are made available to visitors free of charge. However, FESTMARKET reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. FESTMARKET also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of FESTMARKET and/or other visitors to the web site. FESTMARKET reserves the right to limit, deny or create different access to the website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
FESTMARKET withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
- If it concludes that the user(s) have provided any false information in connection with the member account to FESTMARKET, or are engaged in fraudulent or illegal activities.
- The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
- Utilize web site to send spam messages or repeatedly publish the same product information.
- Post any material to members that is not related to international trade or business cooperation.
- Impersonate or unlawfully use another companies name to post information or conduct business of any form
- Any unauthorized access, use, modification, or control of the web site database, network or related services.
- Obtain by any means web site member’s user name and/or password.
If FESTMARKET terminates user(s) membership, user(s) will not have the right to re-enroll or join FESTMARKET under a new account or name unless formally invited to do so by FESTMARKET. In any case of termination, no membership charges (if any) will be refunded. User(s) acknowledge that inability to use the website wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the web site be liable to the 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 website 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.
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out. User(s) can become a Registered User(s) by filling an on-line registration form on the web site by giving desired information (name, contact information, etc.). FESTMARKET will establish an account (“Account”) for the user(s) upon registration and assign a user alias (“User ID”) and password (“Password”) for log-in access to your Account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FESTMARKET does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use festmarket.com or festmarket.com only with involvement of a parent or guardian.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to FESTMARKET during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
FESTMARKET may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Website may suspend or terminate a Registered membership at any time without any prior notification of interest of FESTMARKET or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of FESTMARKET in any way.
LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the web site are provided on an “as is” and “as available” basis, and web site 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. FESTMARKET makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, and stability, completeness of any information provided on or through the web site. FESTMARKET does not represent or warranty 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 FESTMARKET 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 done at your sole discretion and risk and you are solely responsible for any damage to your 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 you from website or through or from the web site shall create any warranty not expressly stated herein.
Under no circumstances shall web site be held liable for an 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, labor disputes, riots, insurrections, civil disturbances, shortages of labor 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 web site, 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 your use of the web site (including but not limited to the display of your information on the web site) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save web site, 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 your breach of any representations and warranties made by you to web site.
User(s) hereby further agree to indemnify and save web site, 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 web site is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Website reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with web site in asserting any available defenses.
Web site 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 defense 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 website; or
- Any matters relating to Premium Services however arising, including negligence.
While FESTMARKET strives to provide accurate product and pricing information, pricing or typographical errors may occur. FESTMARKET cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, FESTMARKET shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, FESTMARKET may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and FESTMARKET will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that FESTMARKET accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to FESTMARKET dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. Prices and availability are subject to change without notice.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. 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 has been charged, the said amount will be reversed back in your Card Account.
Cancellations by the Customer
In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders. The customer agrees not to dispute the decision made by FESTMARKET and accept FESTMARKET’s decision regarding the cancellation.
Credit Card Details
User(s) agree, understand and confirm that the credit card details provided by them for availing of services on festmarket.com will be correct and accurate and they shall not use the credit card which is not lawfully owned by them, i.e. in a credit card transaction, they must use their own credit card. You further agree and undertake to provide the correct and valid credit card details to FESTMARKET. Further the said information will not be utilized and shared by FESTMARKET with any of the third parties unless required for fraud verifications or by law, regulation or court order. FESTMARKET will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
Fraudulent /Declined Transactions
FESTMARKET reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. FESTMARKET reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the site. 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.
We have made every effort to display the colors of our products that appear on the site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to FESTMARKET on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain FESTMARKET property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FESTMARKET of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, FESTMARKET owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FESTMARKET will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. FESTMARKET is and shall be under no obligation (1) to pay you any compensation for any Comments; (2) to maintain any Comments in confidence; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
FESTMARKET does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant FESTMARKET the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify FESTMARKET and its affiliates for all claims resulting from any Comments you submit. FESTMARKET and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
All notices or demands to or upon web site shall be effective if in writing and shall be duly made when sent to FESTMARKET.
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) to 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.
GOVERNING LAW AND DISPUTE RESOLUTIONS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Web site’s failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives FESTMARKET’s right to act with respect with subsequent or similar breaches.
Web site shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.