Terms and Condition
1. WEB SITE TERMS AND CONDITIONS OF USE
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Urbankare.com web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Urbankare.com web site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Urbankare.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Urbankare.com’s web site are provided “as is”. Urbankare.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Urbankare.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall urbankare.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on urbankare.com’s Internet site, even if urbankare.com or a urbankare.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on urbankare.com’s web site could include technical, typographical, or photographic errors. urbankare.com does not warrant that any of the materials on its web site are accurate, complete, or current. Urbankare.com may make changes to the materials contained on its web site at any time without notice. urbankare.com does not, however, make any commitment to update the materials.
6. General Terms and Conditions for Online-Payments
1. Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on urbankare.com’s website or alternatively enter his/ her payment details to pay fees for Designs in any other manner as may be specified by Urbankare.com from time to time.
2. Urbankare.com’s rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of Urbankare.com’s right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by urbankare.com with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of urbankare.com.
3. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
4. These Terms and Conditions constitute the entire agreement between the User and urbankare.com. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and urbankare.com. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
5. The entries in the books of urbankare.com and/or the Payment Service Providers kept in the ordinary course of business of urbankare.com and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
7. Refund and Cancellation
All payments done to urbankare.com and customization/modifications are final. No refunds or exchanges can be given once your order has started the fulfilment process.
8. Refund for Charge Back Transaction
In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach urbankare.com with his/ her claim details and claim refund from urbankare.com alone. Such refund (if any) shall be effected only by urbankare.com via payment gateway or by means of a demand draft or such other means as Urbankare.com deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider’s accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
9. Limitation of Liability
1. urbankare.com has made this Service available to the User as a matter of convenience. urbankare.com expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that urbankare.com reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
2. urbankare.com and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the urbankare.com and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
3. urbankare.com and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
(I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
(ii) any interruption or errors in the operation of the Payment Gateway.
4. The User shall indemnify and hold harmless the Payment Service Provider(s) and Urbankare.com and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
5. The User agrees that Urbankare.com or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Urbankare.com’s reasonable control.
Any legal action, suit or proceeding arising out of or relating to terms or a breach thereof, shall be instituted in a court of competent jurisdiction in Mumbai city in India only, and you hereby consent and submit to the exclusive jurisdiction of the courts in Mumbai and waive any objection thereto.
10. Miscellaneous Conditions
1. Any waiver of any rights available to urbankare.com under these Terms and Conditions shall not mean that those rights are automatically waived.
2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that or the Payment Service Providers have no control over such matters.
3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, urbankare.com does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
4. urbankare.com, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
11. Personal Information for Payment gateway
1. The User agrees that, to the extent required or permitted by law, urbankare.com and/ or the Payment Service Provider’s may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
2. The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to Urbankare.com. The User agrees to be contacted via e-mail on such mails initiated by him/ her.
4. The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.
12. Payment Gateway Disclaimer
The service is provided in order to facilitate access to view and pay for design service online. urbankare.com or the payment service provider’s do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
13. Internet Links
urbankare.com has not reviewed all of the sites linked to its Internet web site and mobile app and is not responsible for the contents of any such linked site on internet. The inclusion of any link does not imply endorsement by urbankare.com of the site. Use of any such linked web site is at the user’s own risk.
If you have any questions about this Terms & Conditions, the practices of this site, or your dealings with this site, please contact us at:
Urban Kare Internet Private Limited
Registered Office: - Ganga 01, Software Technology Parks of India, Industrial Area, New Patliputra colony, Patna, Bihar
This Terms and Condition was last updated on 12 August, 2017