- ACCEPTANCE OF TERMS
Welcome to Creative Portico (India) Private Limited (“Creative”). Creative Portico (India) Private Limited ("Creative", "we" or "us" as the case may be) provides the Service (defined below) to you, subject to the following Terms of Service ("Service Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Service Terms at any time at: www.porticoindia.com. In addition, when using particular Creative services or third party services, you and Creative shall be subject to any posted guidelines or rules applicable to such services as may be posted at the relevant time. All such terms, are incorporated by reference into the Service Terms. In most cases the terms are specific to a particular part of the Service and will assist you in applying the Service Terms to that part, but to the extent of any inconsistency between the Service Terms and any guide or rule, the Service Terms will prevail. We may also offer other services from time to time that are governed by different Terms of Services, in which case the Service Terms do not apply to such other services if and to the extent expressly excluded by such different Service Terms. All the services offered through the website are available only in India.
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell, purchase or bid for any items on the Site. If you wish to purchase any item through the Site such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site provided that such purchase or sale is not in relation to any adult material/mature audience items displayed on the Site, the sale or purchase of which to/by minors is strictly prohibited. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
- CHARGES AND PAYMENTS
Membership on the Site is free. Creative does not charge any fee for browsing, bidding and buying on the Site. Before you purchase any item for sale on the Site, we request you to review our Payments and Credit Policy which is hereby incorporated by reference into these Service Terms. Creative reserves the right to change its Payment and Credit policies from time to time. In particular, Creative may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event Creative reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all amounts shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. Creative reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to Creative. Creative also reserves the right to take legal action in case of non-payment of any amounts due to Creative.
You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services.
Method of Payment
The following method of payments are available for purchases from Creative: We have tied-up with a leading international secure payment gateway service provider to enable the purchased through all leading credit cards, debit cards and direct transfer from banks. A customer can opt for payment either through credit card. Debit card or bank transfer using the online interface provided on the website.
- DISCLAIMER OF MINIMUM ORDER:
Minimum Order Value should be Rs.750/- (Invoice value) or more than Rs.750/- (Invoice value)
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Creative has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Creative has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. We are concerned about the safety and privacy of all our users.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Creative of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Creative cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
CONTRIBUTIONS TO CREATIVE
By submitting ideas, suggestions, documents, and/or proposals ("Suggestions") to Creative you agree and warrant that: (a) Suggestions do not constitute confidential or proprietary information of any person; (b) Creative is not under any confidentiality obligations with respect to the Suggestions or any portion thereof; (c) Creative shall be entitled to use or disclose the Suggestions for any purpose, in any way, in any media worldwide; (d) Suggestions shall become the property of Creative without any obligation to you; and (e) you are not entitled to any compensation or reimbursement of any kind from Creative under any circumstances.
You agree to indemnify and hold Creative, its suppliers, parent, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, violation by you of the Service Terms, or violation by you of any rights of any other person, or your breach of any applicable law.
MODIFICATIONS TO SERVICE
Creative reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason whatsoever, whether generally or limited to you only. Notice of such modification or discontinuation may or not may not be issued to you. Creative shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Creative, in its sole discretion, may terminate your use of the Service for any reason, including, without limitation, for lack of use or if Creative believes that you have violated or acted inconsistently with the letter or spirit of the Service Terms. Creative may also in its sole discretion and at any time discontinue providing the Service, or any part thereof. Termination of your access to the Service may be effected without prior notice to you, and you acknowledge and agree that Creative may immediately bar any further access to such files or the Service. Further, you agree that Creative shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH THIRD PARTIES
The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where these products and services of third parties form part of the Service, we will endeavour, but are not obliged to, indicate that these products and services are provided by third parties. In all cases, your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation providers of products and services, advertisers and other users of the Service), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.
The Service may provide, or third parties may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that Creative has no control over such sites and resources, you acknowledge and agree that Creative is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Creative shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
CREATIVE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content (excluding Content owned by you), in whole or in part.
DISCLAIMER OF WARRANTIES:
You expressly understand and agree that:
LIMITATION OF LIABILITY
- Your accessing or use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Creative and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that
- The service will meet your requirements
- The service will be uninterrupted, timely, secure, or error-free
- The service will be accessible at any time or at all times via the channel selected or used by you
- The information, content or advertisements (collectively, the "materials") contained on, distributed through, or linked, downloaded or accessed from or through the service, or the results that may be obtained from the use of the service, will be accurate or reliable
- The quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the service ("the products") will meet your expectations
- Any errors in the software will be corrected
You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from:
- The service, the materials and the products
- The use or the inability to use the service
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the service
- Any goods or services disposed of or messages sent or received using the service or
- Any other matter relating to the service, the materials or the products
You acknowledge that the disclaimers and exclusions of liability set forth in sections 17 and 18 represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read this Sections carefully. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Creative and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Service Terms, there shall be no third-party beneficiaries to these Service Terms.
Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the Service Terms or other matters by displaying notices or links to notices to you generally on the service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.
Creative, Creative logo and other Creative logos and product and service names are trademarks of Creative Portico (India) Private Limited.("Creative Marks"). Without Creative’s prior permission, you agree not to display or use in any manner the Creative Marks.
RIGHTS OF THIRD PARTIES
You acknowledge that our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, all affiliates, and our officers, agents and employees, are, where applicable, intended to be third party beneficiaries of Sections 13 and 14. You also acknowledge that our co-branders and other partners are intended to be third party beneficiaries of Sections 13 and 14. You agree that our licensors, suppliers, vendors, our parent, holding, subsidiary and related companies, all affiliates, our officers, agents and employees, and our co-branders and other partners may each enforce, severally and in its own right, the provisions of Sections 13 and 14 as applicable, to the extent and in the manner set out or envisaged in the foregoing but to no further extent and in no other manner.
Entire Agreement. The Service Terms constitute the entire agreement between you and Creative and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The Service Terms do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Modification of Service Terms. Creative may modify the Service Terms from time by notifying you of the same. The modified Service Terms shall come into effect immediately upon the same being posted on www.porticoindia.com and the same being e-mailed to you at the e-mail address provided by you. You may avail of the Service after the modification comes into effect only after acceptance of the modification to the Service Terms by you.
Governing Law and Jurisdiction. The Service Terms and the relationship between you and Creative shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and Creative agree to submit to the personal and exclusive jurisdiction of the courts located at Mumbai, India.
Waiver and Severability of Terms. The failure of Creative to exercise or enforce any right or provision of the Service Terms shall not constitute a waiver of such right or provision. If any provision of the Service Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Service Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Creative account is non-transferable and any rights to your Creative ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
The section titles in the Service Terms are for convenience only and have no legal or contractual effect.
Creative Private Policy
Creative Privacy Guarantee
Creative promises that we will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. From time to time we may reveal and disclose to third parties general information about our Web site and visitors, such as number of visitors, profiles of visitors and other demographic information number and type of goods and services purchased, etc.
When you use our Site, we collect and store your personal information from you. Our primary goal in doing so is to provide a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Site to make your experience safer and easier. Importantly, we only collect personal information about you that we consider necessary for achieving this purpose.
We may automatically track certain information about you based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), your computer browser information, and your IP address.
If you choose buy on the Site, we collect information about your buying behavior. We also collect other users' comments about you in our feedback area.
If you establish a credit account with us to pay the fees we charge, we collect some additional information, such as a billing address, a credit card number and a credit card expiration date and tracking information from cheques or money orders.
If you register for the Site on another web site or use a web site providing a service for Creative or a web site that helps facilitate your activity on the Site, that web site may provide personal information about you and your transactions back to us.
We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe trading; collect fees owed; measure consumer interest in the services provided by us, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy.
We may also use your information to deliver information to you that, in some cases, are targeted to your interests, such as new services and promotions. The following are examples of some categories of persons to whom we would share your information with from time-to-time.
When a user lists a classifieds advertisement, and the advertisement receives an expression of interest by the interested user, the interested user will be provided the contact information of the user listing the advertisement as provided in that user's registration form. When a user expresses an interest in a classifieds advertisement, the user who has listed the advertisement will be provided the contact information of the interested user as provided in the interested user's registration form.
Children are not eligible to use our Site and we ask that minors (under the age of 18) do not submit any personal information to us. If you are under the age of 18, you cannot purchase any items on the Site.
To protect your privacy and security, we will verify your identity before granting access or making changes to your personally-identifying information. If you have registered your profile on Creative, your Creative ID and Password are required in order to access your profile information.
When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you put in before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current Internet security methods and technologies.