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TERMS OF SERVICE AND USE

THESE TERMS OF SERVICE AND USE IS A LEGALLY BINDING DOCUMENT BETWEEN THE CLIENT AND INDITATVA WHERE INDITATVA  HAS MADE AN OFFER TO PROVIDE ITS PRODUCTS / SERVICES BY LISTING THE SAME ON THE WEBSITE AND THE CLIENT HAS ACCEPTED SUCH OFFER OF INDITATVA BY AGREEING TO AVAIL THE PRODUCTS / SERVICES SO OFFERED ON THE WEBSITE. THESE TERMS OF SERVICE AND USE WILL BE EFFECTIVE AND BINDING ON INDITATVA UPON INDITATVA'S ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE PRODUCTS / SERVICES ON THE WEBSITE, AND SHALL BE EFFECTIVE AND BINDING ON THE CLIENT UPON CLIENT AGREEING TO AVAIL THE SERVICES SO LISTED BY THE INDITATVA.

This website is operated by Tricycle Tribe Creative Ventures Private Limited​. Throughout the site, the terms “we”, “us” and “our” refer to Tricycle Tribe Creative Ventures Private Limited the owner of the website.Tricycle Tribe Creative Ventures Private Limited ​offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Sometimes both, the Tricycle Tribe Creative Ventures Private Limited and INDITATVA are collectively referred to as "INDITATVA" with its grammatical variations and cognate expressions.

In these Terms of Service and Use, an entity (whether guest user or registered user) who avails various products (as defined below) from INDITATVA on the website located at the URL www.inditatva.com or mobile application under the name and style "INDITATVA" (“Mobile Application”) (the Website and the Mobile Application are collectively referred to as the “Website”) is referred to as "the Client" and INDITATVA  is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver its products through the Website to the Client. These Terms of Service and Use (including those additional terms and conditions and policies referenced herein and/or available by hyperlink) describe, inter alia, the terms of offer for sale, acceptance of offer for sale by Client and the purchase of products ("Products") through the Website from INDITATVA. These Terms of Service and Use also contains certain statements and disclaimers made by INDITATVA which shall be binding on the Client. The term 'You', the “User” the ‘Client’ refers to the user or viewer of our Mobile Application or Website.

These Terms of Service and Use are subject to revision at any time and hence the Client is requested to carefully read these Terms of Service and Use from time to time before availing any of the Products. The revised Terms of Service and Use shall be made available on the Website. If such a facility is provided, You may determine when these Terms of Service and Use were last modified by referring to the "Last Updated" legend provided above. You are requested to regularly visit the Website to view the most current Terms of Service and Use. It shall be Your responsibility to check these Terms of Service and Use periodically for changes. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, Your continued use of the Website following such changes and modifications to the Website or these Terms of Service and Use will constitute Your acceptance of such changes or modifications.

PLEASE READ THESE TERMS OF SERVICE AND USE CAREFULLY BEFORE USING THE WEBSITE AND AVAILING ANY PRODUCTS. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS TERMS OF SERVICE AND USE. IF A CLIENT DOES NOT AGREE TO THESE TERMS OF SERVICE AND USE, PLEASE DO NOT BUY OR ATTEMPT TO BUY ANY PRODUCTS LISTED ON THE WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO INDITATVA AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

If you are accessing the Mobile Application or accessing the Products through the Mobile Application, then while these Terms of Service and Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the Mobile Application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Service and Use by way of reference.

These Terms of Service and Use together with the Privacy Policy available at http://www.inditatva.com, Website Disclaimer available at http://www.inditatva.com/, the other policies of the Website under "Policy Info" section or elsewhere on the Website together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and/ Mobile Application and avail the Products  superseding any prior written or oral agreements in relation to the same subject matter herein.

  1. USERS ELIGIBILTY
    1. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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 Website. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on Website, such use or transaction may be made by Your legal guardian or parents on the Website. INDITATVA reserves the right to terminate your membership and / or refuse to provide You with access to the Website if it is brought to its notice or if it is discovered that You are under the age of 18 years.
  2. OFFER AND ACCEPTANCE OF THE PRODUCTS
    1. INDITATVA hereby makes an offer to sell the Products listed on the Website and the Client upon agreeing to purchase the Products so listed by INDITATVA hereby accepts such offer to sell by INDITATVA. Accordingly, the contract for sale of the Services is a bipartite contract between the INDITATVA and the Client. The Client understands and agrees that the offer for sale of the Products by INDITATVA is not an absolute or an un-conditional offer. Such offer to sale by INDITATVA is subject to repudiation by INDITATVA at any time before the delivery of the Products to the Client and without any obligation to assign or provide any reason for such repudiation and without any consent from the Client and without any liability or any obligation towards the Client.
    2. INDITATVA and the Client understand and agree that INDITATVA has the right to cancel any transaction, listing or acceptance (i) for any reason in these Terms of Service and Use, Website Disclaimer, Privacy Policy or under any contract or policy between INDITATVA on one hand and the Client on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.
    3. There may be circumstances where INDITATVA may not be able to /available for providing Products after the Client places an order for purchasing Products. In such an event, INDITATVA may cancel without any recourse to the Client and without any liability to INDITATVA. If Client's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Client either to the bank account provided by the Client for such reversal, or to the payment instrument of the Client from which payment was made, or to any pre-paid payment instrument account of the Client. INDITATVA shall have the sole discretion to determine the mode of reversal from the above options.
    4. Subject to compliance with the Agreement(s), INDITATVA grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website.
    5. Except as otherwise described, all contents provided by the use of this Website are made available only to provide information about INDITATVA and its Products. This Website may be operated outside of India and may be subject to the laws of the country in which they are operated. If You access the Website from a location other than the location where the Website is operated, You are responsible for compliance with applicable local laws.
  3. CLIENTS OBLIGATIONS AND ROLE OF INDITATVA
    1. You agree not to access (or attempt to access) the Website or Products by any means other than through the interfaces that are provided by INDITATVA. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
    2. The Website may allow you to post certain content, data or information of Your own such as allowing You to rate INDITATVA, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to INDITATVA using the Website (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that INDITATVA does not endorse any User Content on the Website and is not responsible or liable for any User Content. INDITATVA reserves the right to disable access to the User Content on the Website.
    3. You hereby grant INDITATVA a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Service and Use; and (iii) that such User Content is lawful.
    4. INDITATVA does not pre-screen User Content. INDITATVA has no obligation to monitor any User Content. However, INDITATVA at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if INDITATVA determines in its sole discretion that such User Content is in violation of these Terms of Service and Use or any applicable law. Where INDITATVA removes any User Content from the Website, INDITATVA will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute INDITATVA's position as an intermediary or impose any liability on INDITATVA with respect to User Content.
    5. You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
    6. You may need to install updates that we or any third party introduce from time to time to use the Services, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Services or Website you have installed requires that you have agreed to receive such automatically requested Updates.
  4. USER ACCOUNT, PASSWORD AND SECURITY
    1. You may access and use the Website either as a registered user or as a guest user. However, not all sections of the Website will be accessible to guest users.
    2. Registered users: INDITATVA makes certain sections available to You through the Website only if You have provided INDITATVA certain required User information and created an account and INDITATVA ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password through any other social media website or any other Internet service as permitted on the Website (INDITATVA ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
    3. In the event You register as a User by creating an Account in order to avail of the Services available on the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify INDITATVA of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. INDITATVA cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by INDITATVA or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
    4. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another User's Account Information is expressly prohibited.
    5. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or INDITATVA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, INDITATVA has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
    6. Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users'). Such users may be able to browse the Website. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
    7. You may be required to provide certain personal information and INDITATVA may collect certain personal information. Your providing of, and INDITATVA's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by INDITATVA's privacy policy, which is available at http://www. inditatva.com/[•] ("Privacy Policy").
  5. LISTING AND SELLING
    1. By listing a Product on the Website, We warrant that all such Products are legally permitted to be sold. INDITATVA further warrants that they shall provide most accurate description of the products to be sold on the Website. Listings may only include text, pictures and other content that INDITATVA may permit from time to time. INDITATVA may issue promotional codes for promotional purposes only and these are to be used against purchases from the particular products only. Promotional codes have no cash value and cannot be exchanged for money or credit.
    2. All sales on the Website are binding in nature on both the User and INDITATVA. INDITATVA is responsible for shipping up to the point of delivery or otherwise completing the transaction with the User within a reasonable time, unless there is an exceptional circumstance or occurrence of a force majeure event.
    3. The sale of Products on the Website shall strictly be a bipartite agreement between You and INDITATVA on the Website.
  6. PRODUCTS
    1. "Product(s)" means and includes any goods/merchandise/products/offers/display items that are uploaded /showcased/displayed on INDITATVA and the related description, information, procedure, processes, warranties, delivery schedule, etc. Further, “Order Confirmation” means formal acknowledgement of Product(s) ordered by You, sent by INDITATVA. Additionally, the Website reserves the right to terminate the services offered at any time to the Users without any notice.
    2. All Product(s) exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
    3. INDITATVA hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. However, INDITATVA does not warrant that product descriptions or other content or prices/amounts on INDITATVA are accurate, complete, reliable, current, or error-free. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
    4. Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices. Title to and risk in the Product(s) shall pass to the You upon delivery of the Product(s) to You.
    5. While INDITATVA have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.
  7. ACCEPTANCE OF PRODUCTS
    1. Unless You notify INDITATVA to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the You as being in good condition and in accordance with the contract. You shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by INDITATVA.
    2. INDITATVA products purchased under these Terms and Conditions from INDITATVA by You, may be returned by You up to 10 days from the date of the Receipt for a Return, Replacement, Refund of the purchase price in accordance with INDITATVA's "Return and Refund Policy" in effect in the location on the date of the invoice. The refund will not include (a) any shipping and handling charges forming part of the purchase price and (b) any tax amount depending in effect in the location on the date of the invoice. Products returned under INDITATVA's "Return and Refund Policy" must be received by INDITATVA in as-new or as-shipped-by INDITATVA.
  8. PAYMENT RELATED INFORMATION
    1. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account.
    2. While availing any of the payment method/s available on the Website, INDITATVA will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to (a) Lack of authorization for any transaction/s, or; (2) Exceeding the present limit mutually agreed by You and between "Bank/s", or; (3) Any payment issues arising out of the transaction, or; (4) Decline of transaction for any other reason/s.
    3. All payments made against the purchase of product/s on Website by the Client shall be compulsorily in Indian Rupees (INR) acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the services availed on the Website.
    4. INDITATVA may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Clients and for collection of INDITATVA's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
  9. SHIPPING AND DELIVERY
    1. The policy relating to Shipping are available on our website at http://www.inditatva.com/[•] ("Shipping Policy").
  10. RETURN , REPLACEMNET AND REFUND
    1. The policy relating to Return, Replacement and Refund are available on our website at http://www.inditatva.com/[•] ("Return Policy").
  11. INTELLECTUAL PROPERTY RIGHTS
    1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Tricycle Tribe Creative Ventures Private Limited and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Tricycle Tribe Creative Ventures Private Limited reserves the right to change or modify the Content from time to time at its sole discretion.
    2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Tricycle Tribe Creative Ventures Private Limited or respective third parties. You are not permitted to use the Marks without the prior consent of Tricycle Tribe Creative Ventures Private Limited.
    3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Tricycle Tribe Creative Ventures Private Limited owns all intellectual property rights to and into the trademark " INDITATVA ", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
    4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Tricycle Tribe Creative Ventures Private Limited.
    5. If you print off, copy or download any part of the Content in breach of these Terms of Service and Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  12. THIRD PARTY CONTENT
    1. General third party information such as, product description and specifications, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the Products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an “As Is” basis. INDITATVA may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. INDITATVA shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
    2. In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. INDITATVA makes no warranty or representation regarding, and does not endorse, any website linked to the Website or the information appearing thereon or any of the products or services described thereon.
  13. MISUSE OF PLATFORM /ABUSE
    1. We have no tolerance for abusive language and/or abusive behaviour towards INDITATVA and/or our employees. Any Client deemed at our sole discretion to be abusive to INDITATVA and/or our products we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
  14. CANCELLATION OF TRANSACTION / ORDERS
    1. Cancellation by INDITATVA: There may be certain requests that INDITATVA is unable to accept and has the right to cancel directly such order. INDITATVA reserves the right, at its sole discretion, to refuse or cancel any transaction for any reason whatsoever. Some situations that may result in Client's transaction being cancelled include, without limitation, non-availability of a Product or inaccuracies or errors in pricing information. INDITATVA may also require additional verifications or information before processing any transaction. All such cancellation shall be without any recourse to Client and without any liability to INDITATVA. If Client's transaction is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Client either to the bank account provided by the Client for such reversal, or to the payment instrument of the Client from which payment was made, or to any pre-paid payment instrument account of the Client. INDITATVA shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by INDITATVA is used for purchasing the Products/ availing the Services, the amount under such promotional code shall not be refunded in case of cancellation of transaction. The above is the sole remedy of the Client and the sole liability of INDITATVA and sole responsibility of INDITATVA for any cancellation of the transaction by INDITATVA or otherwise other than by the Client.
    2. Cancellation by the Client: In case of requests for transaction cancellations, INDITATVA reserves the right to accept or reject requests for transaction cancellations for any reason whatsoever. As part of usual business practice, if INDITATVA receives a cancellation notice and the transaction has not been processed, INDITATVA may cancel the transaction and refund the entire amount to the Client within a reasonable period of time. INDITATVA will not be able to cancel a transaction that has already been processed. Client agrees not to dispute the decision made by INDITATVA and accepts its decision regarding the cancellation.
    3. Set-off of any benefits availed by the Client: In case the Client has availed any benefit under any marketing or promotions provided by INDITATVA in relation to the Products for which the transaction has been cancelled by the Client or by INDITATVA, Client agrees and authorizes INDITATVA to recover such benefits from the Client or set-off the same from any refunds to the Client.
  15. OPTIONAL TOOLS
    1. We may provide you with access to third party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools. Any use by You of optional tools offered through the Website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Service and Use.
  16. THIRD PARTY LINKS
    1. Certain content and services available via the Website may include materials from third parties. Third party links on this Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party websites should be directed to the concerned third party.
  17. PROHIBITED USES
    1. In addition to other prohibitions as set forth in the Terms of Service and Use, You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any national, international, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Website or any related website for violating any of the prohibited uses.
  18. INDEMNIFICATION AND LIMITATION OF LIABILITY
    1. In no case shall Tricycle Tribe Creative Ventures Private Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Website, or for any other claim related in any way to Your use of the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
    2. You agree to indemnify, defend and hold harmless Tricycle Tribe Creative Ventures Private Limited, its subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
    3. INDITATVA may notify You of any claims which You shall be liable to indemnify Tricycle Tribe Creative Ventures Private Limited against. You will then be required to consult with Tricycle Tribe Creative Ventures Private Limited regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Tricycle Tribe Creative Ventures Private Limited without the express prior written consent of Tricycle Tribe Creative Ventures Private Limited which can be withheld or denied or conditioned by Tricycle Tribe Creative Ventures Private Limited in its sole discretion.
    4. Notwithstanding anything to contrary in the Agreement(s), Tricycle Tribe Creative Ventures Private Limited's entire and aggregate liability to You under and in relation to these Terms of Service and Use or otherwise shall not exceed the greater of Indian Rupees Five Hundred (INR 500) or the amount of fees, if any, paid by You to Tricycle Tribe Creative Ventures Private Limited under the relevant order to which the cause of action for the liability relates.
    5. Notwithstanding anything to contrary in the Agreement(s), in no event shall Tricycle Tribe Creative Ventures Private Limited or affiliates and their respective directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Tricycle Tribe Creative Ventures Private Limited has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website or Content.
  19. TERMINATION
    1. The Agreement(s) will continue to apply until terminated by either You or INDITATVA as set forth below. If You want to terminate Your agreement with INDITATVA, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where INDITATVA has made this option available to You.
    2. You agree that INDITATVA may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if it determines that You have violated the terms of these Terms of Service and Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to INDITATVA, for which monetary damages may be inadequate, and You consent to INDITATVA obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies INDITATVA may have at law or in equity.
    3. In addition to the clause above, INDITATVA may, at any time, with or without notice, terminate these Terms of Service and Use (or portion thereof, such as any individual Additional Terms) with You if: (a) INDITATVA is required to do so by law (for example, where the provision of the Product/s to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies; (b) the provision of the Services to You by INDITATVA is, in its opinion, no longer commercially viable; (c) INDITATVA has elected to discontinue, with or without reason, access to the Website (or any part thereof); or (d) In the event INDITATVA faces any unexpected technical issues or problems that prevent the Website from working.
    4. INDITATVA may also terminate or suspend all or a portion of Your Account or access to the Website with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the Website; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Website.
    5. You agree that all terminations shall be made in INDITATVA's sole discretion and that it shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website.
  20. GOVERNING AND JURISDICTION
    1. These Terms of Service and Use and all transactions entered into on or through the Website and the relationship between You and INDITATVA shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these Terms of Service and Use are solely for Your benefit and it is not for the benefit of any other person.
    2. Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by INDITATVA. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Mumbai and the language of the arbitration shall be English.
    3. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement(s) shall be effective against a party if given as provided herein.
    4. Subject to the aforesaid, the Courts at Mumbai shall have exclusive jurisdiction over any proceedings arising in respect of the Terms.
  21. GRIEVANCE POLICY
    1. In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the Website, including those pertaining to breach of the Terms of Service and Use, Privacy Policy, Report Abuse and Takedown Policy or and other polices are published as under.
      Name: Swapnil Kshirsagar
      Email address: support@inditatva.com
    2. The details of the grievance officer may be changed by Us from time to time by updating this Terms of Service and Use.
  22. MISCELLANEOUS
    1. Notice: All notices with respect to these Terms of Service and Use from INDITATVA will be served to You by email or by general notification on the Website. Any notice provided to INDITATVA pursuant to these Terms of Service and Use should be sent to Grievance Officer at support@inditatva.com.
    2. Assignment: You cannot assign or otherwise transfer the Agreement(s), or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. INDITATVA's rights and/or obligations under the Agreement(s) are freely assignable or otherwise transferable by it to any third parties without the requirement of seeking Your prior consent. INDITATVA may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement(s). INDITATVA shall have right to transfer Your Account and Account Information to a third party who purchases its business as conducted under the Website.
    3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement(s), or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement(s) shall continue in full force and effect. INDITATVA may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Service and Use.
    4. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Service and Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
    5. Principal to Principal Relationship: You and INDITATVA are independent entities, and nothing in these Terms of Service and Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and INDITATVA. As an abundant caution, it is clarified that INDITATVA shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and INDITATVA have entered this agreement on principal to principal basis.
    6. Force Majeure: If performance of any service or obligation under these Terms of Service and Use or other Agreement by INDITATVA is, or other third parties in fulfilment of any purchase or sale transaction (for eg: logistics service provider, fulfilment centre, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of INDITATVA or its third parties performing such services and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then INDITATVA shall be excused from such performance to the extent of and during the period of such Force Majeure Event. INDITATVA shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
    7. Feedback and Information: Any feedback You provide to this Website shall be deemed to be non-confidential. INDITATVA shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) INDITATVA is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) INDITATVA may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from INDITATVA for the feedback under any circumstances. To clarify, INDITATVA may at its discretion, make any modifications or changes to the Website and Content on the basis of such feedback, however it shall not be obliged to do so. Further, in the event that it makes any changes or modifications to the Website and Content on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website and Content. You expressly waive any and all rights in such changes or modifications to the Website and Content, and assign to INDITATVA, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website and Content, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website and Content.