TERMS & CONDITIONS
Please read the following terms & conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions(“Terms”).
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.
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use our service. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” “Earthen Browns” and “our” shall mean Earthen Browns, its franchisor, affiliates and partners.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time without any prior written notice to you. You are responsible to review these Terms periodically for updates / changes. 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, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
- User Account, Password and Security
(a) User Account
An account is needed to be made with Earthen Browns to use some of our Services. However, these are few rules which are needed to be complied by you before creating an account with Earthen Browns:
- A) You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian. Further, Transaction on the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872.
- B) Provide accurate information – False information or impersonating another person or company through your account will not be entertained.
- C) Choosing of an appropriate Username- A username that is offensive, vulgar, or infringes someone’s intellectual property rights will be violating the Terms.
- D) You are solely responsible for your Account-You will receive a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify earthenbrowns.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Earthenbrowns.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. The security of your Personal Information is of prime importance to us. However, due to the inherent open nature of the Internet, we do not guarantee that communications between you and Earthen Browns or information stored on the Site or our servers, will be completely free from unauthorized access by third parties such as hackers, and your use of the Site is at your own risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect, including limiting access to the Personal Information contained on our servers. Only those employees who need access to your information to perform their duties are authorized to have access to your Personal Information.
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you. Further, you consent to receive communications via electronic records from Us periodically and as and when required.
(b) User Content:
Earthen Browns may provide you with interactive opportunities on the Website, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) to the Website and/or through the Services. You hereby grant Earthen Browns a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub licensable right and license to use, copy, display, publish, modify, remove, publicly perform, translation, create derivative works, distribute and/or otherwise use the User Content in connection with Earthen Browns business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Earthen Browns a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such uses without notification or approval by you.
You agree that any submission of any ideas, suggestions, and/or proposals to Earthen Browns through its suggestion, feedback, will forum or similar pages (Feedback”) is at your own risk and that Earthen Browns has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Earthen Browns a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub licensable right and license to use, copy, display, publish, modify, remove, publicly perform translate, create derivative works, distribute and/or otherwise use such Feedback.
(d) Rating and Reviews
Users of this Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” ( ‘’Ratings’’ and ‘’Reviews’’). Such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Earthen Browns and do not represent the views of Earthen Browns or its affiliates. Earthen Browns does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available on the Website or through the Services, you agree that: () you will base any Rating or Review on first-hand experience with Earthen Browns (i) you will not provide a Rating or Review for any Product of Earthen Browns for which you have an ownership interest, employment relationship or other affiliation or for any of that Earthen Browns competitors. (ii) User’s review will comply with the Terms of this Agreement. If Earthen Browns determines, in its sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.
- Services Offered
Earthenbrowns.com provides the service that enables users to purchase “Products” Upon placing an order, Earthen Browns shall ship the product to you and be entitled to its payment for the Services.
- Limited Users
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish license, create derivative works from transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Earthen Browns name is stated as the source and prior written permission of earthenbrowns.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- User Conduct and Rules
You must not use the Website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Earthen Browns are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam
- to cause annoyance, inconvenience or needless anxiety
- No Compensation Policy
If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet the Users expectations, no compensation will be given other than the return and/ or refund of the product, if applicable. The user cannot request compensation for any reason, including any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental indirect consequential damage of any kind caused by a product missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Earthen Browns reserves the right to cancel orders and block accounts of such customers without any prior notice.
- User warranty and Representations
The user guarantees, warrants, and certifies that he is the owner of the content which he submits or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The user further warrants that to his knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by him in connection with the Services rendered by earthenbrowns.com.
- Intellectual Property Rights
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Earthen Browns owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text. content, graphics, icons, and hyperlinks. The User acknowledges and agrees that he shall not use. reproduce or distribute any content from the Website belonging to Earthen Browns without obtaining authorization from Earthen Browns. Notwithstanding the foregoing, it is expressly clarified that the User will retain ownership and shall solely be responsible for any content that he provides or uploads when using any Service, including any text. data, information, Images, photographs, music, sound, video or any other material which he may upload, transmit or store when making use of our various Service However with regard to the product customization Service (as against other Services like blogs and forums) User expressly agrees that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, he accepts the Third Party User whereby granting a non-exclusive license for the use of the same.
- Intellectual Property Claims
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement or there is any other claim against objectionable content, please write to us at queries@earthen browns.com
- Links to Third Party Sites
The Website may contain links to other websites, the third party platforms of our affiliated companies and certain other businesses for which, Earthen Browns assumes no responsibility for examining or evaluating the products and services offered by them. Earthen Browns does not warrant the offerings of, any of these businesses or individuals or the content of such third party websites/ platform(s). The users are requested to verify the accuracy of all the information on their own before undertaking any reliance on such information.
- Warranties and Limitation of Liability
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 site 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 forgoing paragraph, Earthen Browns does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
Earthen Browns 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. Earthen Browns 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.
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
In no event shall Earthen Browns be liable to any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- Inability to use the Services:
- unauthorized access or alteration or the user’s transmissions
- Indemnity and Release
You shall indemnify and hold harmless Earthen Browns, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Earthen Browns and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/ inactions of the vendors/ craftsman and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- Force Majeure
In the event of a force majeure act or upon the outbreak of certain natural and/or man-made calamity such as earthquake, war, riots, epidemics etc. the parties may be absolved of their responsibilities as warranted under these terms at the instance of Earthen Browns. Should the force majeure event permanently absolve a party of any of its responsibilities under these terms, the accounts and dues shall be settled.
If you breach these Terms we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
- Governing law and Jurisdiction
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the Courts located at Bengaluru, Karnataka, India and you hereby submit to the jurisdiction of such Courts.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to GST, Customs, duties and cesses etc.