Acceptance of
Terms
Your access and use of the Site, is subject to the terms and
conditions contained in these terms of use (the "Terms"). By
accessing or otherwise using the Site, you ("visitor" "you"
or "your") agree to be bound by these Terms. IF YOU DO NOT AGREE
TO BE BOUND BY SUCH TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SITE .
We may revise these Terms from time to time with notice to you by email or by
posting such revised Terms to the Site. Your continued use of the Site will
confirm your acceptance of the revised Terms. We encourage you to frequently
review the Terms to ensure you understand the terms and conditions that apply
to your use of the Site. Access and use of the Site are also subject to the
Feji Arts and Crafts Privacy Policy. We encourage you to read the policy to
learn more about how we collect, use and share information about you and others
that visit and interact with our Site.
Age Eligibility
for Use and Access of the Site
The Site is not directed towards, nor intended for use by,
anyone under the age of 13. By using the Site, you represent and warrant that
you are 13 years of age or older. If you are not at least 13 years of age, do
not access or use the Site. In addition, you may not purchase products from our
Site unless you are at least 18 years of age.
Account
Registration
When you visit the Site you have the option of registering
with Feji Arts and Crafts. By registering with Feji Arts and Crafts you may
receive certain benefits, such as an expedited check-out process and access to
your online order history. Registration is not required to access or use the
Site, but you understand and acknowledge that certain features of the Site or
benefits offered by Feji Arts and Crafts may only be available to registered
users. 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.
Purchasing
Products from the Site
All purchases of products and services from the Site are
subject to the Feji Arts and Crafts Terms of Sale. The Terms of Sale is where
you will find information on our policies and procedures relevant to your
online purchase, including but not limited to shipping, taxes, returns and
exchanges, gift cards, and other similar or related policies.
Ownership and
Content
The content, including all text, graphics, logos, images,
audio clips, video, data and other materials available through the Site
(collectively "Content") is the sole property of Feji Arts and Crafts
and its licensors, and is protected by copyright, trademark and other
intellectual property laws. Accordingly, Feji Arts and Crafts and its licensors
expressly reserve any and all rights and licenses not explicitly granted to you
under these Terms. Subject to your compliance with these Terms, you shall have
a non-exclusive, non-transferable, limited right to access and make personal
use of the Site and the Content for non-commercial purposes only. Except as
noted above, you may not modify, copy, reproduce, republish, upload, post,
transmit or distribute in any manner any Content from the Site, without the
express written consent of Feji Arts and Crafts.
Trademarks and
Logos
The Site contains valuable trademarks owned and used by us
to distinguish Feji Arts and Crafts, its brand, and the services from those of
others. The Site may also contain references to other entities' trademarks and
service marks, but such references are for identification purposes only. We do
not claim ownership in, or any affiliation with, any third-party trademarks or
service marks appearing on the Site. You agree not to use or display any
trademarks you do not own without our prior written consent or the consent of
the owner of such mark.
Media Use of
Multimedia Files
Feji Arts and Crafts maintains a library of multimedia files
for educational and informational purposes only by news media and students. All
other uses of Feji Arts and Crafts’s multimedia files, including for
commercial, personal, or malicious purposes, are strictly prohibited.
Multimedia files containing Feji Arts and Crafts trademarks may only be used as
part of a published media or educational article or report about Feji Arts and
Crafts’s business. Feji Arts and Crafts’s trademarks may not be modified,
animated, or distorted. All uses of Feji Arts and Crafts’s trademarks must
maintain the applicable “®” or “™” symbol.
Acceptable Use of
Our Site
By accessing the Site, you agree that you will not (and will
not permit or encourage others to): (1) Use the Site or Content in violation of
any applicable law, regulation, or ordinance;(2) Conduct fraudulent activities
on the Site;(3) Reproduce, duplicate, copy, sell, resell, visit, or otherwise
exploit the Site or the Content for any commercial purpose without the express
written consent of Feji Arts and Crafts;(4) Transmit, copy, or download any
Content (in whole or in part) for the benefit of any other merchant;(5) Use or
attempt to use any software, tool, agent, robot, spider or other similar data
mining, scraping and extraction tools to navigate, search, or crawl the Site;(6)
Tamper with the Site or use or attempt to use any device, software, routine, or
data that interferes or attempts to interfere with the working or functionality
of the Site or any activity being conducted on the Site; or (7) Modify, adapt,
translate, reverse engineer, decompile, or disassemble any portion of the Site.
Links to Our Site
You are allowed to establish a hypertext link
("link") to the Site so long as the link does not state or imply any
sponsorship of your Site by us. Without our prior express written permission,
you may not frame, or in-line link, any of the Content or components of the
Site, or incorporate into another Site or other service any of our intellectual
property. Please contact us if you would like to request permission to frame
any Content appearing on the Site or in-line link to the Site.
Links to Third
Party Sites
The Site may provide links, advertisements, or widgets that
permit you to access or interact with other websites (including social media
sites) maintained by third parties. When you engage a third party's website or
service which is linked to the Site, you are interacting with the third party
and not with us. Such linked websites are not under our control and we are not
responsible for the contents of any linked website or any link contained within
a linked website, or any changes or updates to such third-party websites.
Posting of a link, advertisement, or widget pertaining to another website does
not constitute endorsement of that website (or any of the products, services or
other materials offered through that website) by us or our licensors, regardless
of whether or not the link is associated with a third party advertisement carried
by the website. Accordingly, we are not responsible for the privacy practices of
such third party websites nor any data or information you may share with such other
websites, and make no warranties, express or implied, as to any third party websites
or the products or services they provide. We therefore encourage you to be aware
of this when you leave our Site, and to read the privacy policies and associated
terms and conditions for each and every website that you visit.
Submissions
You are solely responsible for any information that you
submit to us. By using the Site you agree not to submit or transmit any
defamatory, abusive, obscene, threatening or illegal material, or any other
material that infringes on the ability of others to enjoy the Site or that
infringes on the rights (including any intellectual property rights) of others.
We reserve the right (but assume no obligation) to monitor, delete, move, or
edit any submissions that come to our attention that we consider unacceptable
or inappropriate, whether for legal or other reasons. We will comply with all
requirements of the law regarding disclosure to third parties of any submissions
you make to us, including to law enforcement agencies and parties making civil
legal requests. We will also comply with any other requirements of the law
regarding disclosure of other aspects of your use of the Site. By submitting or
posting content on the Site, you grant Feji Arts and Crafts and its affiliates
a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such content on the Site and on
third-party sites.
Changes to the
Site and Termination
We have the right, in our sole discretion, to terminate,
change, or suspend (temporarily or permanently) any aspect of our Site, at any
time, without notice or liability to you. Additionally, we reserve the right to
restrict, suspend or terminate your use of and/or access to the Site, at any
time, and for any reason, without notice or liability to you.
Errors,
Inaccuracies, Availability
We attempt to display the product images shown on the Site
as accurately as possible. However, we cannot guarantee that the color you see
matches the actual product color, as the display of the color depends, in part,
upon the monitor you are using. Prices and availability of products displayed
on the Site are subject to change without notice and may vary from the prices
and availability of products within our stores. Feji Arts and Crafts seeks to
describe and display its products accurately on the Site. However, you
understand and acknowledge that despite these efforts, our Site may contain
errors, may be missing information, or may not be current. We reserve the right
to correct any errors or omissions, and to update information at any time
without notice or liability to you.
Promotions
Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Site may be governed by
rules that are separate from these Terms. If you participate in any Promotions,
please review the applicable rules.
Disclaimers
WE PROVIDE THE USE OF THE SITE "AS IS", "WITH
ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ANY USE OF AND
RELIANCE UPON THE SITE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT,
AND/OR MATERIALS CONTAINED THEREIN) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL)
REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT ACCESS TO THE SITE
WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT
YOU UPLOAD TO THE SITE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY
IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF
PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT
ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE SUCH EXCLUSION MAY NOT
APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitations of
Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL
Feji Arts and Crafts, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT)
HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT,
TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, Feji Arts and Crafts MAXIMUM AGGREGATE LIABILITY AND
THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, TO
YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION
TO Rs 3 CRORES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF A
FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER REMEDY. THE PARTIES AGREE THAT THE
ABOVE PROVISIONS FAIRLY ALLOCATE THE RISK BETWEEN THE PARTIES, WITHOUT WHICH
THEY WOULD NOT HAVE ENTERED INTO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW
THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS,
AND AS A CONSEQUENCE THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BUT ONLY
TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless Feji Arts and
Crafts, its subsidiaries, affiliates, subcontractors, suppliers, and partners,
and all of their respective officers, directors, employees, agents, or
licensors, against any liabilities, losses, investigations, inquiries, claims,
suits, damages, costs, and expenses (including all associated costs, expenses
and reasonable lawyer' fees) due to or arising out of your actual or alleged
breach of the Terms or unauthorized access to or use of the Site.
Governing Law and
Dispute Resolution
These Terms shall be governed by and interpreted in
accordance with the laws of Kerala State without regard to its principles
regarding conflicts of law or your state of residence. You and Feji Arts and
Crafts agree that all claims, legal proceedings or litigation arising in
connection with the Site will be brought solely before an arbitrator in
Thrissur, Kerala and hereby irrevocably submit to, and waive any objection to arbitration.
Copyright
Complaints
We respect the intellectual property rights of others and
will respond to notices of alleged copyright infringement if they comply with
the law and are properly provided to us.
Miscellaneous
These Terms, including policies and information linked from
or incorporated herein, constitute the entire agreement between you and Feji
Arts and Crafts with respect to the Site and supersede all prior or
contemporaneous communications, agreements, and proposals with respect to the
Site. You may not assign, transfer, or otherwise dispose of your rights and
obligations under these Terms, in whole or in part, at any time. Our failure to
enforce any of the provisions of the Terms or to exercise any rights or
remedies under the Terms will not be construed as a waiver or relinquishment to
any extent of our right to assert or rely upon any such provision, right or
remedy in that or any other instance. If any provision of the Terms is held to be
invalid, illegal or unenforceable, such provision shall be construed in
accordance with applicable law as nearly as possible to reflect the original
intentions of you and Feji Arts and Crafts, and that the remaining provisions
shall remain in full force and effect.