Terms & conditions of Craftby
- This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed there under (as applicable or amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The terms ” Craftby ” used in this document refers to Craftby.com New Media Pvt Ltd, a company registered under the Companies Act, 1956 with its registered office at No. 484 & 485, Fourth Floor, Pantheon Plaza, Pantheon Road, Egmore, Chennai- 600 008, Tamil Nadu along with its subsidiaries and/ or employees and/ or directors and/ or affiliates and/ or agents and/ or representatives and/ or sub-contractors.
- The term ” Platform ” used in this document refers to the website (being www.Craftby.com), mobile apps and / or any other services offered / to be offered by Craftby
- All intellectual property which is in relation to this Platform is owned by and vests in Craftby
- Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and Craftby and governs your use of the Platform’s Service, superseding any prior agreements between you and Craftby.
- This Platform is entitled to assign this Agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. These terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
- This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
Craftby is a business Service Provider that promotes information and exchanges among its Users.
Scope of service
This Platform provides its need fulfilment platform as a service to enable its Users to connect with businesses in their city. This Platform enables the Users to find Service Provider. Please keep in mind that classified ads and other elements of service need fulfilment are posted not by this Platform, but members (Users & Service Provider)s of this Platform.
Membership Eligibility (User & Service Provider)
You confirm that you are of legal age i.e. 18 years to form a legally binding contract with Craftby and are not a person barred, from availing the services offered by Craftby under the laws as applicable in India.
Craftby requires registration for those who participate in a variety of its services. When you authenticate your email or mobile number for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:
- You agree to provide true, accurate, current and complete information.
- If, after investigation, Craftby has reasonable grounds to suspect that any member’s information is untrue, inaccurate, not current or incomplete, Craftby may suspend or terminate that member’s account and prohibit any and all current or future use of the Craftby sites (or any portion thereof) by that member other than as expressly provided herein.
- Each member is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring there under. Craftby cannot and will not be liable for any loss or damage arising from a member’s failure to comply with this section, including any loss or damage arising from any member’s failure to: (1) immediately notify Craftby of any unauthorised use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
- You hereby unconditionally authorize / approve Craftby to reserve the right to publish any and all information provided as part of this Platform registration, except email address and password to authenticate the member, to facilitate social networking among its members.
In order to become a Craftby member, you must first create a member account on this Platform by providing information about yourself including name, email or mobile number and your current city of residence. Craftby may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.
Optional profile information
Once you provide the basic information to create an account, you will have the opportunity to provide additional information in the profile section describing your postal code, brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.
Recognising you as a Craftby member
For this Platform to recognise you as a registered member, you must login with your login email and password or alternatively use Craftby services with your registered email or mobile number. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use this Platform, you would not have to login with your email and password.
Should you chose the Platform to remember you; you accept that cookies shall be placed onto your server computers / device.
Internet communication protocol information
The communication standards of the Internet industry transmit the URL of the website from which you visit this Platform, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on this Platform. Craftby file logging system automatically logs all of this information in its log files for its analysis.
Visitors to this Platform may also sign up with their name and email address for a variety of newsletters that this Platform produces with varying frequency without having to register. Craftby confirms the subscription by sending an email to the email address specified before sending the newsletter.
You are advised to change your login password at regular intervals. Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose. Craftby shall neither be responsible nor liable for your non-compliance with the terms of password change.
Accessing and changing your account information
You can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You can also close your account through this Platform by sending your request to myprofile@Craftby.net with your login email address. Your request will be processed within 7 business days.
Your calls may be recorded to improve the service experience in the platform and for other business purposes. You hereby unconditionally authorize and / or approve Craftby to record the calls made by you to Craftby with respect to any services listed on this Platform. Craftby at its discretion may delete such recording shall from its database within a period of twelve (12) months.
Further, by using Craftby services and providing us your number, while registering for an account or receiving alerts or contacting an advertiser seller / buyer, you:
- Agree to receive a sales or service call from our employees / partner / alliances notwithstanding your registration for NDNC (National Do Not Call) registry.
- Give consent to Craftby and its partners / vendors and sub-partners / sub-vendors to send alerts, contact details, SMS and calls related to User’s action in our website to the mobile number entered by the User, irrespective of whether the same is on the NDNC list or any other such data base.
In case the User does not want to receive these messages on his / her mobile number, he / she shall not submit his / her mobile number with this Platform.
Using this Platform’s services
This section covers the terms under which various this Platform services, including, but not limited to, link forwarding services, event information, and any information available on this Platform, are made available to you. You agree that:
- Craftby may electronically block or otherwise deny access to the Platform, to any User deemed to be in violation of any of the terms in this document.
- Craftby is not obliged to ensure that the Platform is available to all Users at all times. While we make all attempts to deny access only to those individuals who violate this Platform’s regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other Users.
- Craftby is not responsible for a loss of access to this Platform’s services due to failure of networks connected to the Internet, or any other temporary hardware or software failure.
- Craftby reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- A possibility exists that this Platform could include inaccuracies or errors. Additionally, a possibility exists that unauthorised additions, deletions and alterations could be made by third parties to the site. Although Craftby attempts to ensure the integrity and the accuracy of this Platform, it makes no guarantees whatsoever as to its correctness or accuracy. In the event that such an inaccuracy arises, please inform this Platform by emailing myprofile@Craftby.net so that it can be corrected.
- This Platform may contain links to other websites operated by third parties (“linked sites”). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains this Platform’s logo, advertisements and/or other Content selected by this Platform. You acknowledge that this Platform and its sponsors neither endorse nor are affiliated with the linked sites and are not responsible for any content that appears on the linked sites. This Platform has neither reviewed not approved these sites and is not responsible for the Contents or omissions of any linked site or any links contained in the linked sites.
Responsibility of Platform visitors
You acknowledge that:
- Craftby has not reviewed, and cannot review, all of the material, including computer software, posted to the platform, and cannot therefore be responsible for that material’s Content, use or effects. By operating this Platform, Craftby does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content.
- This Platform may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. This Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Craftby disclaims any responsibility for any harm resulting from the use by visitors of this Platform, or from any downloading by those visitors of Content posted. If you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable, you are encouraged to notify our team via the report abuse link or via email to myprofile@Craftby.net. This Platform will respond to all such notices, including as required or appropriate by removing the offensive / objectionable / infringing material or disabling all links to the infringing material on the Craftby.com domain. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Craftby or others, Craftby may, in its discretion, terminate or deny access to and use of the platform.
You hereby agree to indemnify, defend and hold harmless Craftby, its owner, licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
- Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Craftby
- If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Craftby and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
CODE OF CONDUCT FOR SERVICE PROVIDERS / USERS
These terms are in addition to and must be read in consonance with the terms mentioned above under the head ‘Accessing & transmitting Platform’s Content’
Private communication, including email correspondence, is not regulated by this Platform. Craftby encourages its Users to be professional, courteous and respectful when communicating by email. However, Craftby will investigate and can take action on certain types of unwanted emails that violate this Platform’s policies.
Communications may be intercepted for security purposes including but not restricted national interest.
You should be vary of any phishing filter, spam mails, email soliciting, and exchange of money for inheritance or cross-border access of funds.
Threats of bodily harm – this Platform does not permit Users to send explicit threats of bodily harm.
- Misuse of Craftby System – This Platform allows Users to facilitate transactions through the Craftby system, but will investigate any misuse of this service.
- Spoof (Fake) email – this Platform will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through ‘Contact Us’ tab.
- Spam (Unsolicited Commercial email) – This Platform’s spam policy applies only to unsolicited commercial messages sent by its Users. This Platform Users are not allowed to send spam messages to other Users.
- Offers to buy or sell outside of this Platform – This Platform prohibits email offers to buy or sell listed products outside of the platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
- This Platform’s policy prohibits User-to-User threats of physical harm via any method including, phone, email and on our public message boards.
Violations of this policy may result in a range of actions, including:
- Limits on account privileges
- Account suspension
- Cancellation of listings
- Loss of special status
Use of any physical force against the employees of Craftby
No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of Craftby to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to an automatic cancellation of any current and/or pending transaction being done by such person through this Platform. . This shall be in addition to and without prejudice to all our further remedies at law.
Limitation of liability
In no event shall Craftby, be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
- The use or the inability to use our services or access Content;
- The unauthorised access to or alterations of your transmissions or data;
- Statements or conduct of any third party on the service;
- Any other matter relating to the service, even if Craftby, has been advised of the possibility of damages.
Void where prohibited
Although this Platform is accessible worldwide, not all products or services discussed or referenced on this Platform are available to all persons or in all geographic locations or jurisdictions.
Unless otherwise specified, the material on this Platform is presented solely for the purpose of sale in India. This Platform makes no representation that materials on this Platform are appropriate or available for use in other locations/countries other than India. Craftby reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on this Platform is void where prohibited.
In addition, Craftby makes no representation that materials on this Platform are appropriate or available for use in locations outside India; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access this Platform from locations outside India do so on their own initiative and are responsible for compliance with local laws.
Craftby, reserves the right to discontinue in whole or in part any portion of this Platform services or programs with or without notice.
- All rights to the Platform material not expressly granted herein are reserved.
- Third party merchants and advertisers: You acknowledge that Craftby does not control the performance of merchants or advertisers that appear on this Platform. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party’s failure to deliver or perform.
Please read the following Terms and Conditions which are applicable to your use of this Platform.
- Craftby has no involvement in the actual transaction between User and Service Provider. This Platform does not have any control over the quality, safety, or legality of items advertised, the truth or accuracy of the listings, the ability of Service Providers to actually sell items they list, or the ability of Users to actually buy items. Please remember that there are risks in dealing with people you do not know, and that this Platform has no control over such risks.
- Craftby is not / does not hold out itself as an agent / employee of any Service Provider or User or any other individual or entity availing the facilities of Craftby. Craftby is merely a facilitator.
- You must be at least 18 years of age and possess the legal authority to enter into this agreement and to use the Services in accordance with all Terms & Conditions herein. If you are using the Service, you further warrant that you have legal authority to enter into other agreements for performance of services. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number (when required), and if you are selling goods, all information about your listed goods, is true and accurate.
- You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, by listing an item for sale, you warrant that you have the legal right to sell the item.
- You shall not collect personal data and other information for commercial or unlawful purposes.
- As a Service Provider, you agree to list your items in the right category and to accurately describe the items you are selling.
- It is your responsibility to determine whether the purchase or sale of any listed item is authorised by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the this Platform – firearms, explosives, and ammunition; alcoholic beverages (except if you are reselling an alcoholic beverage that was initially purchased from a retailer and is still in its original container and it is legal to deliver into the jurisdiction where the User lives); tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods that are, in this Platform’s discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the services, would cause this Platform to violate any law, statute or regulation.
- Craftby reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. This Platform reserves the right of removing the profiles of people who register with bogus addresses, telephone, and fax information. Craftby reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
- The Service Provider agrees and acknowledges that the information provided by him regarding his services is true and correct. Such information cannot be changed except with the prior intimation to and consent of Craftby.
- As a Service Provider on this Platform you agree that Users may comment on their experiences with you in the feedback and reviews section of this Platform and you release this Platform and its Users from any liability for any comments.
- The User / Service Provider by signing on this Platform hereby unconditionally consents to receive calls / SMS’ from this Platform in accordance with the ‘Do not disturb’ guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Craftby further reserves the right to send emails and SMS’s related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
- Both User and Service Provider hereby agrees that, at no time shall this Platform have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. Craftby shall not be responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. This Platform is only a platform that communicates the inputs of the User to the Service Provider.
Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose.
Compliance with laws
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your participation in this Platform
You agree not to make use of anyone else’s information concerning this Platform’s market places other than as necessary to participate on this Platform and to complete any transactions in which you are involved.
OWNERSHIP OF DATA
RIGHTS TO TERMINATE
You agree that Craftby, in its sole discretion, may terminate any use of the Service / delete the listing immediately and without any prior notice.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Craftby and any User / Service Provider of the Platform.
If at any point of time Craftby finds that the information provided by you in your registration or web mail is false, Craftby reserves the right to terminate your account.