TERMS AND CONDITIONS

Welcome to Indear

The following Terms and Conditions ("Terms") govern your access to and use of the Indear website (the "Website") through a particular account or accounts and are an agreement between you or the business you represent ("you") and Indear ("Indear"). By registering for or using the services, you (on behalf of yourself or the business you represent) agree to be bound by the following terms.

Terms may be updated from time to time.

Eligibility

Only persons 'competent to contract' as provided in the Indian Contract Act, 1872 are eligible to use this Website. However, parents or legal guardians may transact on behalf of minors i.e. persons below the age of 18 years. Indear reserves the right to prevent any person from using the Website.

Enrollment

  • In order to make best use of Indear, you must complete the registration process. As part of the application, you must provide us with your (or your business') legal name, address, phone number and e-mail address. You will be responsible for maintaining confidentiality of your account, password and restricting access to your computer for the purposes of the same and you hereby accept responsibility for all activities that occur under your account and password.
  • All information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found at Privacy Policy Upon completion of your registration process, you will be able to access images and information that have been procured by the Website from vendors and brands ("Content") and be able to save Content from the Website onto user folders ("Boards") for future reference You will also be able to share the Boards and Content therein to specific users of the Website by email, allowing them to save Content and add information to the same.

License to use and Access

  • Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Website. All rights not expressly granted to you in these Terms, are reserved and retained by the Website and its affiliates.
  • Indear reserves the right, at any time, and at its sole discretion, to terminate your license to use the Website and to block and prevent your future access, without notice or explanation.

Products

All the products and services offered on Indear, and related Content displayed are the responsibility of the respective vendors and brands ("Brand Partners") who have provided the Content to Website and to whom the Content has been visibly attributed to. The Website is only a platform for display of Content relating to products and services offered by Brand Partners. Indear does not take responsibility of the availability of such products or services at all times. Indear will not be responsible if a particular product or service is not available due to lack of stock or any other reason or has been discontinued by the respective Brand Partner. Indear does not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. The images constituting the Content are received from the Brand Partners and are indicative. They may not match with actual products or result of services by the Brand Partner. Indear's display of Content from Brand Partners is in no manner to be construed as an endorsement of the Brand Partner and the products and services depicted in the Content that are being displayed on the Website. Indear does not warrant the fitness for purchase or use of any products and services depicted in the Content

Representation

You will use this Website for lawful purposes only. You shall not use the Website for any of the following purposes:
  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorised access to other computer systems.
  • Interfering with any other person's use or enjoyment of the Website.
  • Breaching any applicable laws.
  • Interfering or disrupting networks or web sites connected to the Website.

Disclaimer of Warranties and Limitation of Liability

  • All content, products, and services on the Website, or obtained from a website to which the Website is linked, are provided to you "as is" without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
  • All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product/services and Indear is not responsible for the same in any manner whatsoever. Any claim in relation to the same should be raised against respective manufacturer/supplier directly
  • Indear, its agents, affiliates and employees shall not be liable for any damages of any kind arising out of or in connection with the use of the Website or the purchase of products or availing of Services displayed on the Website. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR UNDER ANY APPLICABLE LAW.
  • Indear makes no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Indear assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Intellectual Property Rights

  • Indear and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of Indear.
  • The mark "Indear" and the contents of the Website are the sole property of Indear. Reproduction in whole or in part is strictly prohibited without the expressly written permission of Indear.
  • All names, logos, and images on Indear constitute trademarks and/or copyrights of Indear or the respective content owners. None of the material may be reproduced without written permission of the content owner, with the exception of saving content in the Boards assigned to you at the time of registration. Materials may not be reproduced in any form. The right to save Content in Boards is granted for viewing use only. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of the respective Brand Partner and Indear is expressly prohibited.
  • Any intellectual property created at any time during the course of your usage of the Website including but not limited to organizing of saved Content on Boards in a specific manner, whether causing creation of an artistic work or otherwise, shall exclusively become the property of Indear without any further action of any kind.

Indemnity

  • Indear is not involved in transactions between users and Brand Partners or other any other participant dealings and therefore, if a dispute arises between one or more participants, each of you release Indear (and its agents, affiliates and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  • You agree to defend, indemnify and hold harmless Indear, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Indear or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms.

Modification

Indear reserves the right from time to time to make modifications and changes to the Website. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any product displayed or service offered by, or through Indear with or without notice. You agree that Indear shall not be liable to you or to any other party for any changes and modifications to the Website.

Termination

Indear may terminate your access to the website, including your user account and any material and information associated with your user account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of the Intellectual Property clause of these terms. You acknowledge and agree that all terminations for cause shall be made in sole discretion of Indear and that Indear shall not be liable to you or any other party for the termination of your access to the website.

Dispute Resolution and Arbitration

Any dispute, controversy or claim between you and Indear (the "Parties") hereto arising out of or in connection with the Terms either during or after the term, hereof, shall be settled amicably. Should an agreement not be reached within thirty (30) days from the date of first notice of the dispute, the Parties agree that their dispute controversy or claim shall finally be settled by Arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of a Sole Arbitrator and the arbitration proceedings shall be conducted exclusively in English language only. The fees and other charges of the arbitration shall be borne and shared equally by both the Parties. The decision of the Sole Arbitrator shall be final and binding upon the Parties.

Governing Law and Jurisdiction

The Terms and the relationship between you and Indear shall be governed by the laws of India. You and Indear agree to submit to the exclusive jurisdiction of the courts of Mumbai, subject to clause 11 above.

Entire Agreement

The Terms constitute the entire agreement between you and Indear and govern your use of the Website and any products or services offered on the Website. This agreement supercedes any prior terms of use agreements between you and Indear. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms shall remain in full force and effect.