Terms of service

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.imeandesign.com website. 

The domain name www.imeandesign.com (hereinafter referred to as "Website") is owned by Kaushal’s Media Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at 901-902,  Hiramanek CHS Ltd., 178/180 Dadi Seth Agiary Lane, Chira Bazar, Mumbai 400002 (hereinafter referred to as “Company”). 

 
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with the company and these terms and conditions including the policies constitute Your binding obligations, with the Company. 
For the purpose of these Terms of Use, wherever the context so requires "You" or ‘User’ shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems or surfs the website without registration. Company allows the User to surf the Website or making purchases without registering on the Website. The term ‘We’, ‘Us’, ‘Our’ shall mean the Company, Kaushal’s Media Private Limited. 

 
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Company Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Company Policies including but not limited to Privacy Policy available on [___] (IL Note: Client to add hyperlink to Privacy Policy) as amended from time to time. 

 
Kaushal’s Media Private Limited reserves the right, in its sole discretion and at any time, to (a) discontinue or modify any of the Terms of Use and/or its Privacy Policy as it may deem necessary or desirable, or (b) change, suspend, discontinue, or restrict your access to all or part of the Services (including without limitation, any feature, database, or content), at any time without any prior written notice to You. “Services” herein shall mean and include the access to, use of, and/or registration on the Website, which facilitate the listing, display, marketing, sale, purchase, delivery, after sale support of goods and/or services, as well as payment processing, and any other related services provided by the Website to its Users. We may, in our sole discretion, refuse to offer the Services to any person and/or entity or change the eligibility criteria for the Services at any time. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. 

 
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 Company website and shall not transact on or use the website. As a minor if you wish to use, access or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years. 

 
Unless we allow "guest" purchases, you will need to create an account with us (account) to use certain features of the Services (e.g., to order products and services from the Website). You may only create one account with us, and Kaushal’s Media Private Limited reserves the right to immediately terminate any additional accounts created by you. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting and maintaining the security and confidentiality of the password and account, and are fully responsible for all activities that occur under the password. You must provide accurate and complete information and keep your Account information updated. By logging into the Website or otherwise using the Services, you represent and warrant that: (a) you are the customer who registered for the services; (b) that you are using the services only for permitted purposes; and (c) you are not a competitor of www.imeandesign.com or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. You may never use another person’s user account or registration information for the Services without permission. Please contact us to notify us of any change in your eligibility to use the Services, any potential unauthorized use(s) of your account, or any breach of security; however, we have no obligation to investigate the authorization or source of any such access or use of the Services. 

 
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. 

 
If you create an account, you represent and warrant that: (a) you will not select or utilize a user name of another person with intent to impersonate that person; (b) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; (c) you will not select or utilize a user name that Kaushal’s Media Private Limited in its sole discretion deems offensive; and (d) you are not a competitor of www.imeandesign.com, or an agent thereof. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to us. 

You agree that the Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website. 

You must maintain confidentiality of the account information and for all the activities that occur under Your account. You must not share your login details, i.e., username and password of Your account with any other person, else it would be considered breach of this Terms of Use. 

 
You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. 

Upon any termination of your Account or these Terms and Conditions, you shall immediately cease all access to and use of the Website and Services, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Services in whole or in part. All provisions of these Terms of Use which by their nature should survive termination shall survive termination. 

 
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.  

 
Membership on the Website is free for users. Company does not charge any fee for browsing and buying on the Website. Company reserves the right to change its fee policy from time to time. In particular, Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.  

Contents posted or generated on Website shall mean and include all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content") by the Company.  

 
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including (mirroring) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent. 

 
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. 

 
When you post comments or reviews to the Website, you grant us the right to use the name that you submit with us at the time of creating your account on the Website. You represent and warrant that you own or otherwise control all of the rights to any content or review that you post on this Website and that use of your content or review by us will not infringe upon or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. We may, but shall not be obligated to, remove or edit any content (including comments or reviews) for any reason. 

 
We do not guarantee that any Content will be made available on the Website or through the Services. We reserve the right to, but do not have any obligation to, (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all; and (b) to remove or block any Content from the Services. 

 
Our Website may contain (a) content and reviews provided by other users; (b) links to other sites operated by third parties; (c) advertisements and/or sponsorships provided by third parties; and (d) stores, services, or product lines offered by third parties ((a), (b), (c), and (d) are collectively, "Third-Party Materials"). We have no control over, are not responsible for, and assume no liability regarding any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the applicable third parties. For example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third-party sites do not contain viruses or other features that may adversely affect your computer. You use all Third-Party Materials and interact with such third parties at your own risk. We are not obligated to be involved in any disputes between you and any such third parties. When you leave our Website, our Terms of Use (including our Privacy Policy) no longer govern us or you. You should carefully review the applicable third-party privacy statements and other terms and conditions of use. 

You hereby release us, our subsidiaries, affiliates, directors, officers, employees, contractors, agents, suppliers, content providers, partners, representatives and successors ("Kaushal’s Media Private Limited Parties”) from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. 

 
We do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. Please note that the colours of items and products displayed on the Website may vary depending on your monitor settings and may not be accurately represented. 
 

If any Product offered by the Company is not as described, your sole remedy is to contact the Company within 48 (forty eight) hours of receipt of the Product, along with video recording proof of unboxing the Product. The Company reserves the right, at its sole discretion, to determine and provide an appropriate resolution. The Company shall not be liable to issue any refunds, or allow exchanges and/or returns, as a matter of policy. All products displayed or sold on the Website are manufactured or procured in accordance with the specific product details provided for each product and are in conformity with the applicable industry standards. 

You agree and acknowledge that the Company merely facilitates transactions between buyers and sellers through the Website and acts solely as an intermediary. The Company is not, in any manner whatsoever, the seller, manufacturer or owner of the products listed or sold on the Website. 

 
Subject to the terms and conditions of this Terms of Use, we hereby grant you a limited, revocable, non-sub licensable, non-transferable and non-exclusive license to access and use the Website and Content (by displaying it on your internet browser) only for the purpose of using the Services, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you. 

 
Henceforward: 

Placement of order by a User with the Company on the Website is an offer to buy the product(s) by the User to the Company and it shall not be construed as the Company's acceptance of User’s offer to buy the product(s) ordered. The Company retains the right to cancel any such order placed by the User, at its sole discretion and the User shall be intimated of the same by way of an email/SMS. Any transaction price paid by User in case of such cancellation by the Company, shall be refunded to the User. Further, the Company may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Company and may vary from individual to individual. 

 
All prices listed on the Services are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers/sellers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your payment has already been processed for the purchase, whether through credit card, debit card, UPI, online banking or any other authorized digital payment method, and your order is cancelled, we shall immediately issue a refund to the original payment source in the amount of the payment processed. Some products may not be eligible for refund, cancellation and replacement.  

The availability of products and other items on the Services may change at any time, without notice. 

 
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy will be one of the following: (a) we will issue a refund to the original payment source in the amount charged for the cancelled portion or the quantity not provided (if your payment has already been processed through credit card, debit card, UPI, online banking or any other authorized digital payment method) or (b) if payment has not yet been processed, we will not charge you for the cancelled portion of the order or the quantity not provided. 

 
For each product or service you order through the Services, you agree to pay the price applicable (including tax, surcharges and any delivery fees) as of the time you submitted the order.  

We use a third-party payment processor (the “Payment Processor”) to process your payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Terms of Use. We are not responsible for error by the Payment Processor. 

 
Payment 
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: 

 
1.   Lack of authorization for any transaction/s, or 

2.   Exceeding the preset 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. 

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Before shipping your order, we may request valid ID and address proof to verify payment ownership and ensure a secure online shopping environment.  

For purchases above Rs. 2,00,000/-, you must provide your PAN card number for verification at the time of placing the order, as required under Rule 114B of the Income Tax Rules, 1962. Please ensure that the name on the billing details matches the name on the PAN card, otherwise the verification will fail and the order cannot be completed. 

 
Further: 

 
Payment Facility for User: 

 
The Company and the User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility and Company Website. 

 
Unless otherwise specified, the products and services on the Website is presented solely for the purpose of sale in India.  

 
If, in the future, the Company chooses to deliver any products outside India, such deliveries may be subjected to import duties and taxes. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. 

For information about how We collect, use and share your information when You use the Website and the Services, please see our Privacy Policy at [___]. (IL Note: Client to hyperlink to Privacy Policy here)  

You acknowledge and agree that all copyright, designs, the "look and feel" of the Website, trademarks and all other intellectual property and material rights relating to the Content and the Services as herein described, including but not limited to the IMEANDESIGN software and all HTML and other code contained in this Website, shall remain at all times vested in the Company. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Website and the Services are protected by state laws, common laws and regulations and international treaty provisions.  

Intellectual Property for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of the Company as the owner of such domain name. 

You are permitted to use the Content and Intellectual Property only as expressly authorized by the Company and/or its third-party licensors. Any reproduction or redistribution of the above listed Content and Intellectual Property is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and the Company’s control or control of its licensors, as the case may be. 

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on ‘as is’ and ‘as available’ basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Company does not warrant that: 

 
(i) This Website will be constantly available, or available at all; or 

(ii) The information on this Website is complete, true, accurate or non-misleading. 

 
Company will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. 
Nothing on Website constitutes, or is meant to constitute, advice of any kind.  

Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any loss or damage caused by a User's reliance on information obtained through the services or a linked site, or a user's reliance on any product or service obtained from the services or a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the services, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content. 

You expressly understand and agree that the Company and its subsidiaries, affiliates, directors, officers, employees, agents, partners, content providers and licensors shall not be liable to you or any third party for any of the following types of damages related in any way to our relationship with you (including our products, services, or site content) or third-party materials or web sites:  

(i) indirect, exemplary, special, incidental, punitive, compensatory or consequential damages, or damages for loss of profits, revenue, data or use, or for cost of procurement of substitute goods or services, incurred by you or any third party, whether in an action in contract or tort, strict liability, negligence or any other legal or equitable theory related to our products or your access to, and use of, our site, services, or any other hyper-linked third party web site (even if the company has been advised of the possibility of such damages); or 

(ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination). 
 

In no event shall company be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if User has been informed in advance of the possibility of such damages. 

For return and refund of products and services, please see our refund and return policy at [___]. (IL Note: Client to insert hyperlink to Return and Refund Policy here)  

 
With respect to any of our products, services or website content, our sole and exclusive obligation or liability and your sole and exclusive remedy will be, in our discretion, to refund the purchase price, credit note for the amount of the purchase price or to replace and deliver equivalent product items as per the Return and Refund Policy. 

 
You shall defend, indemnify, and hold harmless the Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from all third party liabilities, claims, demands, actions, and expenses, including reasonable attorney’s fees, that arise from or relate to (a) your use or misuse of, or access to, the Website, Services or Content; (b) your content and information; (c) your violation of these Terms of Use; or (d) infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences. 

 
This Website is controlled and operated by Company and the products listed on it are sold by third party sellers. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.  

 
Trademark Complaint: 

Company respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Company at info@imeandesign.com.    

 
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in the courts of Mumbai. 

Generally, transactions are conducted smoothly by the Company. However, there may be some cases where both the Users and Company may face issues. We have a Dispute Resolution process in order to resolve disputes between Users and Company. 

What is a ‘dispute’? 
A ‘Dispute’ can be defined as a disagreement between a Buyer and a Company in connection with a transaction on the Website. 

 
How is a ‘dispute’ created? 

Whenever there is a disagreement, the Buyer can write to info@imeandesign.com in order to raise a dispute. Disputes must be raised in relation to a specific transaction and shall be submitted within 48 (forty eight) hours of receiving the product. Any dispute raised after this period will not be entertained. Company’s customer support team will look into the case to check for possible fraud. Only after verifying these facts, a dispute can be registered. In due course of resolution, Company’s customer support team will facilitate a conference call including the Company and the User. 

User Protection Program: 

In case of a dispute where the Company is unable to provide a refund, credit note or a replacement, the Company will actively work towards reaching a resolution. Only the Users who have purchased the product on Company are eligible for the User Protection Program. 
 

User Restrictions: 

Applicable laws require that some of the information or communications we send to you should be in writing. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  

 
Nothing in this Terms of Use or on Our Website shall confer on any third party any benefit under the provisions of the Indian Contract Act, 1872. 

 
If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. 

 
No delay or failure by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. No waiver shall be effective unless in writing. 

 
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to info@imeandesign.com. 

 
Grievance Officer: 

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: 

Mr Adil Kohiar   

Kaushal’s Media Pvt Ltd  

C-204, C Wing, Trade World 

Kamala Mill Compound, 

Senapati Bapat Road, 

Lower Parel (W) 

Mumbai 400013 

Phone: + 91 7977983733 
Email: info@imeandesign.com  
Time: Mon to Sat (10:00 to 18:00)