Terms Of Use Agreement

This website (the “Site”) is published and maintained by KAUTHUK (“KAUTHUK”), a firm incorporated and existing in accordance with the laws of the Republic of India. When you access, browse, or use this Site you accept, without limitation or qualification, the terms, and conditions set forth below. When you access any sub-site (whether belonging to an ‘associate’ of KAUTHUK or otherwise) through this site, then such subsite may have its own terms and conditions of use which is specific to such subsite. Subsites may contain such additional terms and conditions of use as may be set out in such subsite.

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between KAUTHUK and you with respect to your use of this Site.

The Site And Its Contents

This Site is only for your personal use. You shall not distribute exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial or public purpose.

As long as you comply with the terms of these Terms and Conditions of Use, KAUTHUK grants you a non–exclusive, non–transferable, limited right to enter, view, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Services

1. Traditional and Ethnic Paintings
2. Handicrafts/Handloom
3. Traditional Health/Rejuvenation Products
4. Souvenirs/Informational Books, DVD’s
5. Artifacts

1. Traditional Paintings/Artifacts’/Souvenirs(not including food)/Handicrafts: We will be selling interesting curio items as traditional mural art, Tanjore paintings, or any other traditional Indian painting, handicrafts, and other decor items through our portal. This will be sold by a third party vendor/artisan/artist who has arrived at an agreement on the selling terms of partnership with us and by displaying his/her/their products in our portal. Third-party products will be under the total ownership of the manufacturer or seller. A user can view details about the product like its price, shipping charges, specifications, and availability. He orders the available product by paying a specified amount through the online payment channel or offline channel as mentioned in our portal. Once an order is confirmed, we inform the customer about the delivery process or payment of remaining due amount if it is a custom-made product. The product is shipped via our logistics partner and delivered to the shipping address as mentioned in the customer account details. Apart from readily available products, we also, take up requests for custom development of the available products which can be done so in size or style to the customer preferences. Here we revert to the customer with his custom product details like pricing and delivery date. The customer needs to make an advance payment for confirming the order and once the product development is over, he needs to pay the dues either on delivery or before shipping as indicated in our terms.

Refund Policy

For Products: We take stringent measures to ensure that the items delivered to you are in perfect condition. However, there is a remote possibility of a manufacturing defect or infliction of damage during transit. Another possible inconvenience might be the chance to deliver the wrong item. If this is brought to our notice in the form of a request for replacement or return of the item or items within two days of receipt, we will replace the same at no extra cost.

We do not offer exchanges or any cash refunds for the returned products.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, icons, and such like (the “Content”), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.

There are a number of proprietary logos, service marks, and trademarks found on this Site whether owned/used by KAUTHUK or otherwise. By displaying them on this Site, KAUTHUK is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download such copy/copies of the Content to be used only by you for your personal use at home unless the subsite you are accessing states that you may not. If you download any Content from this Site, you shall not remove any copyright or trademark notices or other notices that go with it.

Others’ Rights

If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available here, you shall not do any of the following:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others
2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information
3. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefore as may be required by law
4. Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer
5. Delete any author attributions, legal notices or proprietary designations, or labels in any file that is uploaded
6. Falsify the origin or source of software or other material contained in a file that is uploaded
7. Advertise or offer to sell any goods or services, or conduct forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such a manner.

User’s Material

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

KAUTHUK assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene, or profane material. KAUTHUK may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive or that violates KAUTHUK’s policies in any way.

KAUTHUK will fully cooperate with any law enforcement authorities or court order requesting or directing KAUTHUK to disclose the identity of anyone posting such materials.

KAUTHUK Rights

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated by KAUTHUK, as non–confidential.

You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way KAUTHUK uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by KAUTHUK anywhere in the world, in any medium, forever.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to KAUTHUK does not cause KAUTHUK to have any special responsibility to you.

The copyright in the contents of this website belongs to KAUTHUK. Accordingly, KAUTHUK reserves all rights. Copying of part or all the contents of this website without permission of KAUTHUK is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.

Contests And Interactions

This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you participate

Disclaimer

The material in this Site could include technical inaccuracies or typographical errors. KAUTHUK may make changes or improvements at any time.

The materials on this site are provided on an “As Is” basis, without warranties of any kind either expressed or implied. Information, software, products, and services contained on this website, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by KAUTHUK, KAUTHUK Affiliates, and their respective suppliers. To the fullest extent permissible pursuant to applicable law, KAUTHUK disclaims all warranties of merchantability, relating to the information and description of the products displayed on this website (including, without limitation, the pricing, photographs, features, general product descriptions, etc.), much of which information is provided by the respective suppliers. Ratings displayed on this website are intended as only general guidelines, and KAUTHUK, KAUTHUK Affiliates, and their respective suppliers do not guarantee the accuracy of the ratings. KAUTHUK, KAUTHUK Affiliates, and their respective suppliers make no guarantees about the availability of specific products and services. KAUTHUK may make improvements and/or changes on this website at any time.

KAUTHUK does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction

KAUTHUK does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other product manufacturers.

You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. KAUTHUK does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

You also acknowledge that through this Site, KAUTHUK merely provides intermediary services in order to facilitate the highest quality services to you. KAUTHUK is not the last-mile service provider to you and therefore, KAUTHUK shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (product manufacturer) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site. KAUTHUK, KAUTHUK Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non–infringement.

KAUTHUK will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site. IN no event shall KAUTHUK, KAUTHUK Affiliates, and their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the KAUTHUK group companies, the KAUTHUK Affiliates and their respective suppliers have been advised of the possibility of such damages.

You agree to defend and indemnify KAUTHUK, KAUTHUK Affiliates, and their respective suppliers and any of their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(a) your breach of this Agreement or the documents referenced herein; or

(b) your violation of any law or the rights of a third party

Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, KAUTHUK’s liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).

Availability

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local KAUTHUK authorized representative for the availability of specific products and services in your area.

Terms And Conditions Of Use

KAUTHUK may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

KAUTHUK may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice, and without liability.

KAUTHUK reserves the right to undertake all necessary steps to ensure that the security, safety, and integrity of KAUTHUK’s systems, as well as its client’s interests, are and remain, well-protected.

Towards this end, KAUTHUK may take various steps to verify and confirm the authenticity, enforceability, and validity of orders placed by you.

If KAUTHUK, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then KAUTHUK may cancel the said orders at any time up to 5 hours before the scheduled time of departure of the relevant flight or 5 hours before the expected date of visit to any property booked through KAUTHUK.

General Provisions

You may travel to certain destinations that involve greater risks than others, entirely at your risk as to cost and consequences.

KAUTHUK requests you to consult your local authorities and evaluate travel prohibitions, warning, announcements, and advisories issued by them before booking travel to certain international destinations.

By offering for sale travel to particular international destinations, KAUTHUK does not represent or warrant that travel to such point is advisable or without risk. KAUTHUK does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.

KAUTHUK, KAUTHUK Affiliates, and their respective suppliers are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any product manufacturer or other suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. KAUTHUK, KAUTHUK Affiliates, and their respective suppliers have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

KAUTHUK reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. KAUTHUK shall have no obligation to take the needs of any User into consideration in connection therewith.

KAUTHUK reserves its right to deny in its sole discretion any user access to this Site or any portion thereof without notice.

You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in the cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in KAUTHUK debiting your account for any costs we incur as a result of such violation.

No waiver by KAUTHUK of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

If any dispute arises between you and KAUTHUK during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to arbitration. The place of arbitration shall be Ernakulam. The arbitration proceedings shall be in the English language.

The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996, and modifications thereof as in force at the relevant time.

These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Ernakulam, Kerala, India.