Terms of Use

(Last Updated on 01 July, 2020)

Please read these Terms of Use carefully before using our website - www.108knots.com.

Your use of the website or the products and services provided by the website shall imply your acceptance of the terms of use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink and your agreement to be legally bound by the same.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use.

You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes

DEFINITIONS

"Agreement" is a reference to these Terms of Use, Privacy Policy, Shipping, Returns and Cancellation Policy and any order form and payment instructions provided to you.
“You”, “your”, “client” and “yours” are references to you, the person accessing this website www.108knots.com and ordering products or services from the Company using the website.
“Company”, “we”, “us”, “our”, are references to the Happy Faces Handmade Foundation, a company duly incorporated under the provisions of the Companies Act 1956 (as amended under the Companies Act 2013) which owns and operates the website www.108knots.com.
"Products/Goods" shall mean all kinds of movable items save and except (i) any contraband goods, (ii) any goods whose transportation and human consumption is prohibited in India or any territory of India and (iii) any goods that is dangerous and hazardous to human life and an order for which is placed using the website of the Company.
“Website” shall mean the portal provided by the Company for the purposes of enabling the Client to place the order and request delivery of Products/Goods as indicated by the Client.
“Intellectual Property” means all trademarks, copyright, patents, creativity, discoveries, inventions, secrets and similar rights developed by the Company.
“Property” means all rights, titles, interest, claims, benefits and all other property of whatever kind, real or personal, from time to time owned by the company and includes the Intellectual Property.
“Law” is regulations, requirements and guidelines of the government, court and authorities with which either party is legally required to complying respect of these Terms of Use.

RESERVATIONS & DECLARATIONS

The contents on this website including text, photographs, designs, artworks, etc. are owned by us and any intellectual property arising out of such text, photographs, designs, artworks, etc. belongs to us and nobody else. You/Users are not allowed (in any manner whatsoever) to copy, modify, reproduce, transmit, distribute, or create derivative works of Content or information without permission from us as they are subject to our intellectual property/copyright.
The trademarks, brand name, logos, and service marks displayed on the Website are owned & controlled by us and any intellectual property arising out of such trademarks, brand name, logos, and service marks belongs to us and nobody else.
We are committed to provide excellent customer experience. For any assistance, feedback or query regarding the Terms of Use can be sent to hello@108knots.com
Our representatives are available on call from Monday to Friday (11:00 am to 6:00 pm IST). You can contact them on +91 9099006108
You can also refer to Frequently Asked Questions

PRIVACY POLICY

Your submission of personal information through the website is governed by our Privacy Policy

ORDERS AND SPECIFICATIONS

All products offered for sale through the website are subject to the availability of that product. We reserve all the right to reject any order without assigning any reason whatsoever for doing so.
By placing an order through the website, you agree to be bound by these Terms of Use. You agree to take adequate care while placing the order and when providing us with your details and the description of the goods, you further warrant that these details are complete and accurate so as to enable us to undertake delivery of the goods. You also warrant that the credit or debit card details that you provide are for your own credit, debit card and that you have sufficient funds to make the payment for the Product/Goods ordered.
Any order for the goods placed through the website, you warrant that any of goods ordered by you are not for resale and that you are acting as principal only and not as an agent for another party while ordering and receiving the Goods/Products.
You further warrant that the goods whose order is sought by you from the Company falls within the definition of products/goods as defined under this Agreement and the details of the same are also correct and accurate. We take no responsibility with respect to the delivery of the goods ordered, its quality or quantity and you shall be solely responsible for matters connected to the goods including matters of quality and quantity and any loss due to any damage caused thereto during delivery.
When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements of this provision.
No order shall be deemed to be accepted unless confirmation in that regard is given through mail or message by the website. In order to provide accurate information of the modified products, the website reserves all the rights to amend the specification of products/goods without any prior notice.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. In case of any disparity in the colour of product delivered with that of displayed, the website will not be able to provide any assurance, as it would be the consequence of difference between the international screen-based colour system used by the website and its display on the device of the buyer.

RATES & PAYMENT

All payments are due against your purchases on the Website as per the price displayed for each product which will include applicable taxes.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
Any order placed using the website is a contract between you and us. You agree to take adequate care when providing us with all details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are your own credit or debit card and that you have sufficient funds to make the payment for the goods ordered.
The delivery charges and other charges for the delivery of the goods will be displayed on the website at the time when you place the order. Full payment must be made for all products transported and services provided to you.
We have a third-party online payment gateway provider(s) to facilitate payments on the Website. Use of such third-party online payment gateway provider services will be governed by their respective Terms and Conditions only. (For more details : Privacy Policy)
If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items purchased. If no payment is received, no items will be shipped.
Your confirmation about the debit/credit card or net banking details, third party module details must be correct and accurate and lawfully owned by you. You are solely responsible for the security and confidentiality banking details. The Website will not be liable for it.

SHIPPING, RETURNS and CANCELLATION POLICY

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review the terms of our Shipping, Returns and Cancellation Policy

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.

THIRD-PARTY LINKS

Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

LIABILITY

The Content on this Website is complete, true, accurate, or non-misleading. We do not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference, or nationality.
You hereby undertake and ensure that the products purchased on this Website are not restricted in your territory. We shall not be responsible for any non-compliance with regard to the local state laws.
In case items of order are missing, we will not be liable unless notified by the buyer in writing within stipulated time period. There will be no further liability of the website in case of any loss, damage, cost or expense arising out of any direct or indirect delay or failure in the delivering of goods in any unforeseen conditions which are outside our reasonable control.
The liability of website, its agents, employees, subcontractors and supplier with respect to any and all claims arising out of the performance or non-performance of our obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price for such products.
Adequate care has been taken to ensure that the information available on the website is correct and error free. However, we cannot warrant that use of the website will be error free or is fit for the purpose, or is timely, or that the defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of any information provided on the website or made available from any third party.
You agree to indemnify, defend and hold harmless www.108knots.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you via our website. We have taken all reasonable steps to prevent any Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.
We shall not be held liable for any failure or delay in performing services or delivering Products/Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; pandemic; epidemic; lockout; government guidelines; compliance with any law or governmental order, rule, regulation or direction and acts of third parties “Force Majeure”.
If we have contracted to provide identical or similar orders to more than one Consumer and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which orders we will fulfil by providing delivery and to what extent.
It is the responsibility of the buyer to not use this website with any device or software which has a virus or other item of destructive nature. If buyer is using this website or any other hyperlink provided by the website and suffers any loss of program, data and business interruption, then we shall not be liable to the buyer/you or any other party associated with buyer for any direct or indirect, special or consequential damages for such use of the website.
This liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract.

INTELLECTUAL PROPERTY

This website (www.108 knots.com) is owned and operated by Happy Faces Handmade Foundation. Unless otherwise noted the company owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trademarks, software server information, and anything else available on this website. All rights to content, services, goods and product including server information are reserved. Any modification made to the content of this website by a third party is a violation of the company's copyright.
Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of the company or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
Name, logo and other marks displayed on the website are subject to application for trademark or are registered trademark, and the company maintains all the rights in and to the graphics, logo, icons, script, content, designs and pictures of the website.
Our Company retain the absolute right to use the intellectual property including copyrights, trademarks, designs, artworks and all other IPR rights for itself and retains the right to grant it to other third parties. All intellectual property including copyrights, trademarks, designs, artworks and all other IPR rights will remain our property.
You acknowledge and agree that you shall not upload, post, reproduce or distribute any content on or through the website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through this website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and shall subject you to personal liability or civil/criminal prosecution.
In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
The buyer shall not use the services offered by the website, in a way which infringe the intellectual property right of the company. In case of any infringement of Intellectual Property Rights, you/buyer will be solely responsible for any claim arising out of it. We reserve all the right to terminate the account and remove the infringing material of any buyer who is alleged to infringe any intellectual property right.

GENERAL

The Terms of Use together with the Privacy Policy, Shipping, Returns and Cancellation Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms of Use and any other term or provision on the website, these Terms and Use shall prevail.
If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

NOTICES & CORRESPONDENCE

If either party shall desire or be required to give any notice/documents, such notice/documents shall be deemed to be validly served if (practiced in either of these forms of communication): (1) personally delivered; or (2) deposited by post (return receipt requested); or (3) sent electronically via email.
For details please visit the Connect page.
All dealings, correspondence and contacts between us shall be made or conducted in the English language.

ARBITRATION & JURISDICTION

If parties are unable to reach a solution within a period of thirty (30) days, then upon written notice by any other party to the other, the dispute, claim, question or difference shall be resolved by arbitration. A sole arbitrator appointed with the mutual consent of both parties to be resolved by arbitration as per the Arbitration & Conciliation Act, 1996 and such proceedings shall be conducted at Ahmedabad, in accordance with their Arbitration Rules.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of Ahmedabad at Gujarat in India.

CONTACT

Questions about these Terms of Use can be directed to hello@108knots.com

Terms of Use

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