Terms & Conditions
Please read the following terms and conditions (here-in-after referred to as an "Agreement"), and agree
This document is an electronic record in terms of Information Technology Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The following are the terms and conditions of use of this website www.travankore.com (hereinafter referred to as "website").
The domain name www.travankore.com is owned by ITIHA RETAIL PRIVATE LIMITED a Company duly registered and incorporated under the Companies Act, 2013, whose address is at No.1309, 14th Cross, Indiranagar 2nd stage, Bangalore-5600038, Karnataka, India (hereinafter referred to as "ITIHA").
The domain name www.travankore.com is a market place created on the internet, where specified vendors of artifacts, handicrafts, traditional furniture and other select products can exhibit the items, buyers can buy from those vendors using electronic payment mechanism. This website is merely an enabling platform for sale and purchase of select goods. www.travankore.com is not and cannot be a party to or control in any manner any transaction between the Website's Users.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. This is the terms prevailing on any user for access or usage of the website of the intermediaries.
- USER(S) ELIGIBILITY
Any person can create a user id to log into this website. All the users including the guest users/ registered users and vendors shall be bound by this terms and conditions. In addition, any person can use this site as guest and purchase goods. The Vendors should contact the website and get themselves registered and should sign a separate agreement before requesting for exhibit the goods. To such vendors, the terms of the said agreement between them and the website will also be applicable. 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 www.travankore.com . Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must be at least 18 years of age with sound mind and contractual capacity to be eligible to use our services. www.travankore.com advises its users that while accessing the web site, they must follow/abide by the related laws. www.travankore.com is not responsible for the possible consequences caused by your behaviour during use of the website. www.travankore.com 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. You as a user shall be responsible for all activities that occur under your login id and Password.
- USER(S) AGREEMENT
This agreement applies to all 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. This agreement applies to all www.travankore.com services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific services. 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
www.travankore.com 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.
- Commercial Terms and condition of contract relating to transactions through www.travankore.com. All commercial/contractual terms are offered by and agreed to between Buyers and Vendors. Thus price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services etc. are all proposed by the Vendor and will be accepted by the buyer. www.travankore.com is merely facilitating to have standard practices and rules. www.travankore.com or is not a party to the transactions. It merely creating a marketplace. www.travankore.com is not endorsing any vendor or buyer. Each user is required to independently verify the bona fides of other parties. www.travankore.com does not make any representation or Warranty on the products sold or offered for sale or purchased on the Website. All rights, not otherwise claimed under this agreement, are hereby reserved. www.travankore.com do not give any assurances, or guarantees regarding the products exhibited in the website in terms of its colour, quality, durability, geographical significance, manufacturer, merchantability.
- www.travankore.com has 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, ITIHA cannot guarantee that your monitor's display of any color will be accurate.
- None of the goods exhibited in this website, ITIHA www.travankore.com does not implicitly or explicitly support or endorse the same. www.travankore.com has no liability for any errors or omissions, whether on behalf of itself or third parties. Any performance failure by any of the party (either buyer or Vendor is a dispute between buyer and Vendor. www.travankore.com shall have no role to play in resolving those disputes. At no time shall ITIHA or www.travankore.com hold any any right, title or interest over the products nor shall have any obligations or liabilities in respect of such contract.
- All users shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder and also all applicable Domestic laws, rules and regulations, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies regarding transactions contemplated through this website. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law.
- INTELLECTUAL PROPERTY RIGHTS : ITIHA 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 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 ITIHA. 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
"ITIHA", "TRAVANKORE” the related icons, and logos are trademarks or service marks of ITIHA 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 are strictly prohibited.
- Use of the Website
Any user of this website should strictly bind that he/she should not display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which he/ she does not have any right to;
(b) is grossly harmful, harassing, blasphemous, sexually offensive defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, disparaging, unlawful in any manner; or damaging to the modesty of any women
(c) infringes third party's intellectual property rights
(d) interferes or disturbs another USER's use of the Website;
(e) shall not, offer to sell any prohibited or restricted items
- LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and ITIHA has not have any control over such sites i.e. content and resources provided by them.
ITIHA 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. ITIHA believes that user(s) acknowledge that ITIHA has no control over such third party's site, does not monitor such sites, and ITIHA 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.
ITIHA 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 ITIHA and/or other visitors to the web site. ITIHA 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.
ITIHA reserves the right to temporary or permanent termination of access of any user or discontinue the service with out assigning any reason. 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.
- REGISTERED USER(S)
A registered user will have easy log-in and log-out. User(s) can become a Registered User(s) by filling an on-line form on the web site by giving information (name, contact information, etc.). ITIHA will store the details for the user. Such registered users can easily log-in using User-id and password. All registered users agree to accept responsibility for all activities that occur under their account or password. If you register on behalf of a business entity, you represent that business entity and you have the authority to bind the entity to terms and condition of use and/or this Agreement;
- ITIHA 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 without giving any reason thereof.
- 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.. ITIHA 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. 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.
- Pricing Information
While ITIHA strives to provide accurate product and pricing information, pricing or typographical errors may occur. ITIHA cannot confirm the price of a product until after you order. In the event that an item is mispriced, ITIHA may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- Cancellation Policy
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. 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. As a customer you can not cancel an order already placed
- Credit Card Details
User(s) agree, understand and confirm that the credit card details provided by them for availing of services on www.travankore.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 ITIHA. Further the said information will not be utilized and shared by ITIHA with any of the third parties unless required for fraud verifications or by law, regulation or court order. ITIHA 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.
- Electronic Communications
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.
- Reviews, Feedback, Submissions
All reviews, comments, feedback, and other submissions disclosed, submitted to ITIHA on or by this Site (collectively, the "Comments") shall be and remain ITIHA property. Such disclosure, submission of any Comments shall constitute an assignment to ITIHA of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, ITIHA 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. ITIHA 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. ITIHA is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the web 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 web 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".
All notices or demands to or upon web site shall be effective if in writing and shall be duly made when sent to ITIHA to the address mentioned above at the beginning.
- Grievance officer
Any complaint or grievance regarding the website, or ITIHA or the commercial activities contemplated through this website may be made to a specified officer appointed by ITIHA in this regard. Please write your complaints to firstname.lastname@example.org
- GOVERNING LAW AND DISPUTE RESOLUTIONS
The Terms and conditions shall be governed in all respects by the laws of India and subject to the exclusive jurisdiction only of the Courts of Bangalore, Karnataka. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India.