Terms & Conditions
RECORD UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE
THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC
DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION
ELECTRONIC OR DIGITAL SIGNATURE.
EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN
ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE
RELATIONSHIP BETWEEN YOU AND INLAY MARBLE CRAFTS FOR THE USE OF THE
WEBSITE AND/OR MOBILE APPLICATION (DEFINED BELOW).
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE
PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES
GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT
USE FOR ACCESS OR USAGE OF THE WEBSITE AND/OR MOBILE APPLICATION.
application under the name and style “INLAY MARBLE CRAFTS” (the “Website”) is between
DECOR CRAFTER, a proprietorship firm (hereinafter referred to as " INLAY MARBLE CRAFTS ',
'we', 'us', 'our') and the guest users, registered users and sellers registered on the Website
(hereinafter referred to as "you" or "your" or "yourself" or "user") describe the terms on which
INLAY MARBLE CRAFTS offers you access to the Website and such other services as are
incident and ancillary thereto.
THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH
1.1. DECOR CRAFTER is a proprietorship firm, with its office at INDRAPURAM
COLONY,AGRA,India. INLAY MARBLE CRAFTS is a marketplace where sellers and
buyers connect both online and offline to create, sell and buy unique handmade creations.
As such, INLAY MARBLE CRAFTS provides a platform for users who are sellers to list,
exhibit, and advertise their Products (defined below) to other users who are buyers;
platform for such other users to make an offer to purchase the Products listed, exhibited,
advertised by the sellers on the Website and make payment to the sellers for purchase;
and services to facilitate the engagement of buyers and sellers to enable them to do
commerce on the Website.
then you should not use or access the Website and you may terminate your use of the
Service. Your continued use of the Service will be deemed to constitute your accepta nce of
1.3. YOU WILL NOT USE INLAY MARBLE CRAFTS OR SERVICES IN ANY MANNER THAT
EITHER DIRECTLY OR INDIRECTLY VIOLATES ANY LAW, REGULATION, ORDER OR
JUDGMENT APPLICABLE TO YOU, OR THE PROPRIETARY, CONTRACTUAL OR
OTHER RIGHTS OF ANYONE. YOU SHALL USE INLAY MARBLE CRAFTS OR SERVICE
APPEARING IN THE BELOW MENTIONED SECTIONS.
2.1. "Services" means any of the services we offer on the Website as a marketplace and
include generally available updates and support services so far as specified for each
service, any incidental and ancillary services thereto.
2.2. "Content" means any material in any form published on the Website by us. This also
includes user content such as data, images, and information etc. which you or any third
party may post on the Website.
2.3. "Material" or “Product” means any postings or listing of any sort posted or published by you
on the Website.
3. Eligibility Criteria
3.1. To be eligible to use the Services, the user must fulfil all the following criteria:
3.1.1. The user must be over 18 years of age and competent to contract;
3.1.2. The user must not be a proclaimed offender or a habitual offender or a criminal or
is or was convicted for an offence that is criminal in nature;
3.1.3. The user must not be barred from receiving the Services under the laws as
3.2. INLAY MARBLE CRAFTS reserves the right to refuse access to use the Services offered at
the Website to new users or to terminate access granted to existing users at any time
without according any reasons for doing so.
4. Our contract with you
4.1. These terms and conditions apply so far as the context allows, to you as a visitor to the
Website; and in any event to you as a registered or guest user, seller, buyer or prospective
buyer who is offering to purchase Material or Product listed by the seller.
4.2. Seller shall accept your offer to purchase Material or Product by e-mail or any other
electronic communication. That is when the contract will be made between buyer and
seller. Such e-mail or any other electronic communication will also include details of your
purchase and the details pertaining to dispatch of your order.
4.3. Unfortunately, we cannot guarantee that every Service advertised on the Website is
available. If at any time a Service becomes unavailable, we will proportionately refund any
money you have paid. Our refund will cover the period of unavailability and not any period
for which Services have been available.
4.4. We may change these terms from time to time. The terms that apply to you are those
appearing on the Website on the day you order Services.
4.5. If in future, you buy Services from us under any arrangement which does not involve your
payment via the Website; these terms still apply so far as they can be applied.
4.6. You agree, understand and acknowledge that the Website is an electronic platform in the
form of an electronic marketplace and an intermediary. You further agree and acknowledge
that INLAY MARBLE CRAFTS is only a facilitator and is not and cannot be a party to or
control in any manner any advertisement, exhibition, listing, or transactions of sale or
purchase of Products on the Website. INLAY MARBLE CRAFTS is not the seller of the
Products. Accordingly, any contract for the sale / purchase of Products o n the Website is a
bipartite contract between you (as buyer) and the sellers or you (as seller) and the buyer.
INLAY MARBLE CRAFTS neither recommends you to buy or sell any Products on the
Website nor does INLAY MARBLE CRAFTS endorses any such Products and nor does
INLAY MARBLE CRAFTS provides any guarantee, warranties or assurance with respect to
the advertisement, exhibition, listing or transactions of sale or purchase of Products on the
5. Your account with us
5.1. You agree that you have provided, and will continue to provide accurate, up to date, and
complete information about yourself. We need this information to provide you with the
5.2. If you use the Website, you are responsible for maintaining the confidentialit y of your
account and password and for preventing any unauthorised access. You agree to accept
responsibility for all the activities that occur with your password.
5.3. In the event that the confidentiality of your password is compromised in any manner, you
will notify us immediately. We reserve the right to take any and all action, as it deems
necessary or reasonable, to ensure the security of the Website and the Service, including
without limitation, terminating your access, changing your password or requesting
information to authorize use of the Service.
5.4. Notwithstanding the above, we may rely on the authority of anyone accessing the Service
using your password and in no event we will be held liable to you for any liabilities or
damages resulting from or arising out of: (a) any action or inaction of us under this
provision, (b) any compromise of the confidentiality of your password, or (c) any
unauthorized access to or use of your password.
5.5. We reserve the right to refuse you access to the Website.
6. Price, payment and service provision
6.1. It is possible that the price of the Material or Product may have increased from that posted
on the Website. If that happens, seller will not provide the Material or Product until you
have confirmed that you wish to order at the new price. Our Service charges or fees are
also subject to change from time to time.
6.2. You agree to pay using one of the online payment methods, pre-paid instrument or cash on
delivery as made available to you on Website. You agree to provide correct and accurate
financial information, such as credit/debit card details to the approved paymen t 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. You must use your own credit/debit card or pre-paid instrument account.
You will be solely responsible for the security and confidentiality of your credit/debit card
details or pre-paid instrument account. INLAY MARBLE CRAFTS expressly disclaims all
liabilities that may arise as a consequence of any unauthorized use of your credit/ debit
card or pre-paid instrument account.
6.3. Unless stated otherwise, payments are non-refundable.
6.4. We may change the nature or provision of the Services at any time. We may tell you about
any such change by email or by posting details on the Website or through any electronic
6.5. If we change the nature or provision of the Services, you may opt to terminate this
6.6. If a change we make in the provision of the Services, involves action on your part, and you
do not take that action within stipulated time, the same will be assumed as “deemed
accepted” from your side.
6.7. You may not share or allow others to use the Services in your name.
6.8. We will do our best to maintain the Website so that you have constant use, but there will
be times when your use may be interrupted. Interruption to the Services for reasonable
periods for maintenance or causes beyond our control is not a ground for repayment of
money you have paid. When we are aware of the likelihood of down time, we will tell you in
7.1. We or our Content suppliers may make improvements or changes to the Website, the
Content, or to any of the Services, at any time and without advance notice.
7.2. You are advised that Content may include technical inaccuracies or typographical errors.
7.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
7.3.1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OR CLAIMS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
7.3.2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH INLAY
MARBLE CRAFTS OR ACCESS TO INLAY MARBLE CRAFTS IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL
OR ACCESS TO INLAY MARBLE CRAFTS.
7.3.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY
7.4. We give no warranty and make no representation, express or implied, as to:
7.4.1. The adequacy or appropriateness of the Services for your purpose.
7.4.2. The truth of any Content on the Website;
7.4.3. Any implied warranty or condition as to merchantability or fitness of the Services
for a particular purpose;
7.4.4. Compatibility of the Website with your equipment, software or telecommunications
7.4.5. Compliance with any law;
7.4.6. Non-infringement of any right;
7.4.7. Availability of services 24 hours a day, continuously;
7.5. The Website contains links to other Internet websites outside our power and control. You
acknowledge and agree that we shall not be liable in any way for the Content of any such
linked website, nor for any loss or damage arising from your use of any such website.
8. Limitation of liability
YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE INCLUDING INLAY MARBLE
CRAFTS; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION
OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE.
9. Content and Intellectual Property Rights
9.1. All the rights, title and interest in the 'intellectual property' in the Services and INLAY
MARBLE CRAFTS shall always be owned by us or our licensors.
9.2. We will defend the intellectual property rights in connection with our Services and the
Website, including copyright in the Content whether provided by us or by any other content
provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital
downloads, data, and software).
9.3. We also claim copyright in the designs and compilation of all Content of the Website. Title,
ownership rights, and shall remain the sole property of us and / or the other content
provider. We will strongly protect those rights in all countries.
9.4. You shall make use of INLAY MARBLE CRAFTS and the Services in accordance with the
terms and shall not acquire or attempt to acquire, violate, copy, modify, change, publish,
transmit, perform, distribute, display, sell or deal in any way in the rights, title or interest in
any intellectual property of us or of any third party, except as provided by applicable law
9.5. Content Removal. It is our policy to respond to notices of alleged infringement that comply
with the respective intellectual property rights protection acts. You agree to comply with the
applicable laws or other appropriate process for the removal of content deemed to infringe
the rights of third parties.
9.6. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, display, or in any way exploit
any of the Content, in whole or in part.
9.7. You may not use our name or logos or trademarks or any other Content on any website of
yours or that of any other person.
9.8. Subject to the other terms of this agreement, you may download or copy Content only for
your own use, provided that you maintain all copyright and other notices contained in it.
You may not store electronically any significant portion of any Content.
10. Your email address and other personal information
10.1. You represent that any username or email address selected by you, when used alone or
combined with a second or third level domain name, does not interfere with the rights of
any third party and has not been selected for any unlawful purpose.
10.2. You acknowledge and agree that if we believe such selection does interfere with the rights
of any third party or is being selected for any unlawful purpose, we may immediately
suspend the use of such name or email address, and you will indemnify us for any claim or
demand that arises out of your selection.
10.3. You acknowledge and agree that we shall not be liable to you in the event that we are
ordered or required by a court or judicial authority, to desist from using or permitting the
use of a particular domain name as part of a name or email address.
10.4. The user hereby understands, agrees and acknowledges that for the Services to perform
in the desired manner it is necessary to share the Personal Information (as defined in
exclusive, unlimited and unconditional right to disclose and share the user's Personal
Information with the other users and third parties in a manner that may be deemed
appropriate by us for the purpose of performing the Services in the desired manner.
10.5. The user hereby understands, agrees and acknowledges that the payments between the
users through any mode of payment including by way of credit card, debit card, internet
banking or prepaid cash cards or other prepaid payment instruments are either processed
through third party payment gateways or require authorization by the intermediary which
process payments. The processing of payments or authorization is solely in accordance
with their policies, terms and conditions and we are not in any manner responsible or liable
to you or any third party for any delay or failure at their end in processing the payments.
10.6. User hereby agrees to be bound by the INLAY MARBLE CRAFTS rules or policies
published from time to time on the Website for using the Service and acknowledge that the
11. Your Material
11.1. If you post any Material in the Website, you warrant that you own the copyright in it and
you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish,
distribute, translate and otherwise use it in any medium and for any purpose.
11.2. You agree that if you do post any Material on the Website, in doing so, you grant to us a
non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way
whatever, throughout the World in any medium. You agree to waive your right to be
identified as the author and your right to object to derogatory treatment of your Material.
11.3. You agree to perform all further acts necessary to perfect any of the above rights granted
by you to us, including the execution of deeds and documents, at our request.
11.4. You represent and warrant that you own the rights to all of the Material that you post and
that any fact stated in your Material is accurate;
12. System Security
12.1. You agree that you will not, and will not allow any other person to violate or attempt to
violate any aspect of the security of the Website.
12.2. You may not use any software tool for the purpose of extracting data from the Website.
12.3. You understand that any such violation is unlawful in many jurisdictions and that any
contravention of law may result in criminal prosecution.
13. Acceptable use Policy
As a condition of your use of the Website, you agree that:
13.1. You will not use or allow anyone else to use the Website or Services to post or otherwise
13.1.1. Copyright works which belongs to another person or where you does not have
13.1.2. Commercial audio, video or music files;
13.1.3. Any Material which violates the law of any established jurisdiction;
13.1.4. Unlicensed software;
13.1.5. Software which assists in or promotes: emulators, phishing, hacking, password
cracking, IP spoofing;
13.1.6. links to any of the material specified in this paragraph;
13.1.7. Pornographic Material;
13.1.8. Any Material promoting discrimination or animosity to any person on grounds of
gender, race or colour.
13.2. You will not use the Services for spamming. Spamming includes, but is not limited to:
13.2.1. The bulk sending of unsolicited messages, or the sending of unsolicited emails
which provoke complaints from recipients;
13.2.2. The sending of junk mail;
13.2.3. The use of distribution lists that include people who have not given specific
permission to be included in such distribution process;
13.2.4. Excessive and repeated posting off-topic messages to newsgroups;
13.2.5. Excessive and repeated cross-posting;
13.2.6. Email harassment of another Internet user, including but not limited to,
transmitting any threatening, libellous or obscene Material, or Material of any
nature which could be deemed to be offensive;
13.2.7. The emailing of age inappropriate communications or content to anyone under the
age of 18.
13.3. When you use the Website and/or the Services You specifically undertake not to host,
display, upload, modify, publish, transmit, update or share any information or Content that:
13.3.1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnical
objectionable, disparaging, relating or encouraging money laundering or gambling,
or otherwise unlawful in any manner whatsoever;
13.3.2. Harms minors in any way;
13.3.3. impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
13.3.4. threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states or public order or causes incitement to the
commission of any cognizable offence or prevents investigation of any offence or
is insulting of any other nation;
13.3.5. Infringes any patent, trademark, copyright or other proprietary rights;
13.3.6. Contain software viruses or any other computer code, files or programs designed
to interrupt destroy or limit the functionality of any computer resource;
13.3.7. Deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
13.3.8. Engage in any activity that interferes with or disrupts access to the Website or the
Services (or the servers and networks which are connected to the Website);
13.3.9. Probe, scan or test the vulnerability of the Website or any network connected to
the Website, nor breach the security or authentication measures on the Website or
any network connected to the Website. You may not reverse look-up, trace or
seek to trace any information on any other user, of or visitor to, the Website, or
any other customer of INLAY MARBLE CRAFTS, including any INLAY MARBLE
CRAFTS Account not owned by you, to its source, or exploit the Website or
Service or information made available or offered by or through the Website, in any
way whether or not the purpose is to reveal any information, including but not
limited to personal identification information, other than Your own information, as
provided for by the Website;
13.3.10. disrupt or interfere with the security of, or otherwise cause harm to, the Website,
systems resources, accounts, passwords, servers or networks connected to or
accessible through the Websites or any affiliated or linked sites;
13.3.11. use the Website or Content for any purpose that is unlawful or prohibited by the
Agreement, or to solicit the performance of any illegal activity or other activity
which infringes the rights of INLAY MARBLE CRAFTS or other third parties;
13.3.12. Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded;
13.3.13. Violate any code of conduct or other guidelines, which may be applicable for or to
any particular Service;
13.3.14. Violate any applicable laws or regulations for the time being in force within or
13.3.15. violate the terms of the Agreement.
You agree to hold harmless and indemnify us, and our subsidiaries, affiliates, officers, agents,
and employees, advertisers or partners, without limitation, from and against any claims arising
from or in any way related to your use of the Service, Website, accessing any information
through INLAY MARBLE CRAFTS, violation of any third party rights pertaining to any intellectual
connected with use of our Services, including any liability or expense arising from all claims,
losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys'
fees, of every kind and nature. In such a case, we will provide you with written notice of such
claim, suit or action.
15. Term and Termination
force thereafter, unless terminated as provided herein.
15.4. We may, forthwith, terminate your access to the Service and INLAY MARBLE CRAFTS at
our discretion without prior notice to you if:
including any conditions, directives or terms displayed or communicated through
INLAY MARBLE CRAFTS; or
15.4.2. We are required to do so by law (for example, due to change in the law governing
the provision of the Service); or
15.4.3. Providing the Service could create an issue with us in our reasonable good faith
15.4.4. Providing the Service could create a security risk or material technical burden as
determined by us in our reasonable good faith judgment; or
15.4.5. You engage in any action that reflects poorly on us or otherwise disparages or
devalues our reputation or goodwill.
to you herein shall terminate forthwith and (b) You shall immediately delete any and all
features including data collated by using the Services and INLAY MARBLE CRAFTS.
continue to remain liable for all acts that may have arisen before the termination.
15.7. You acknowledge that your breach of service/license restrictions contained herein may
cause irreparable harm to us, the extent of which would be difficult to ascertain.
Accordingly, you agree that, in addition to any other remedies to which we may be legally
entitled, we shall have the right to seek immediate injunctive relief in the event of a b reach
of such sections by you.
16. Miscellaneous provisions
entire agreement between you and us and govern your use of the Service, superseding any
prior agreements between you and us. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other services, affiliate
services, third-party content or third-party software.
16.2. No Partnership: No arrangement between the users and INLAY MARBLE CRAFTS shall
constitute or be deemed to constitute an agency, partnership, joint venture or the like
between the users and INLAY MARBLE CRAFTS.
16.3. Jurisdiction. This Agreement and the relationship between you and us shall be governed
by the laws of India and you agree to be bound by the exclusive jurisdiction of courts at
Agra, UTTAR-PRADESH, India.
16.4. Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision
nevertheless agree that the court should endeavor to give effect to the parties' intentions
full force and effect.
other agreement by INLAY MARBLE CRAFTS is, or of other third parties are, prevented,
restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God,
floods, lightning, severe weather, 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 INLAY MARBLE CRAFTS or its
third parties performing such services and could not have been prevented by reasonable
precautions (each, a "Force Majeure Event"), then INLAY MARBLE CRAFTS shall be
excused from such performance to the extent of and during the period of such Force
Majeure Event. INLAY MARBLE CRAFTS shall exercise reasonable commercial efforts to
continue to perform its obligations hereunder.
no legal or contractual effect.
16.7. When you use the Website or send emails or other data, information or communication
to INLAY MARBLE CRAFTS, you agree and understand that you are communicating with
INLAY MARBLE CRAFTS through electronic records and you consent to receive
communications via electronic records from INLAY MARBLE CRAFTS periodically and as
and when required. INLAY MARBLE CRAFTS will communicate with you by email or by
notices on Website or electronic records on the Website or on your mobile number which
will be deemed adequate service of notice / electronic record to the maximum extent
permitted under any applicable law.
17. GRIEVANCE OFFICER
In compliance with Information Technology Act, 2000 and the rules made thereunder, the
S.Hussain with email address:support@InlayMarbleCrafts.com. INLAY MARBLE CRAFTS may
change the aforesaid details from time to time under intimation to you.