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Direct Create Private Limited (Direct Create) owns and operates the DirectCreate.com website and Applications (“Website”, “Application”, “Platform”, “Marketplace”). Expressions like You/Your with grammatical variations and cognate expression refers to any user, visitor, members, Maker, Designer, Service Provider, Institution or party who visits, uses or in any manner transacts with Direct Create. Expressions – We/Our/Us with its grammatical variations and cognate expressions shall mean and include Direct Create Private Limited, and/or its affiliates, subsidiaries, holding companies or other entities in which Direct Create Private Limited is substantially interested, directly controls or be controlled.
These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Violation of the terms or this agreement constitutes an unauthorized use of the Direct Create’s site and Applications and may give rise to an actionable cause/claim of Direct Create or its Affiliates against the violator.
Terms Governing Your Use of Direct Create
1. Your Account, Privacy and Data
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update most of the information you provided us within your profile area of the website. Direct Create reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
3. E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Direct Create is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products, services and dissemination of information on the website shall be a strictly bipartite contract between you and the Makers, Designers, Service providers or Other Parties on Direct Create. Refer to the Conditions of Sale Policy of Direct Create.
4. Availability and Access to DirectCreate.Com or its Application/s
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.
5. User Licence for website access and Application.
Direct Create grants you a limited licence to access and make personal use of this website strictly in accordance with the terms of this agreement, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Direct Create Private Limited and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website, Application or any portion of this Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information whether or not protected by an intellectual property rights regime) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Direct Create and / or its affiliates, as may be applicable.
You may not Use, frame or use any techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Direct Create and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Direct Create’s or its affiliates' names or trademarks without the express written consent of Direct Create and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Direct Create and / or its affiliates, as applicable.
You may be granted upon written request a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Direct Create as long as the link does not portray Direct Create or their affiliates’ products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Direct Create logo or other proprietary graphic or trademark as part of the link without express written consent of Direct Create and / or its affiliates, as may be applicable.
6. Direct Create Software Terms
In addition to the terms in User license, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Services (the "Direct Create Software").
7. Your Conduct
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 Direct Create, 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:
o for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
o 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, libelous, obscene, pornographic, pedophilic 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
o to cause annoyance, inconvenience or needless anxiety to other users, visitors or members of the platform or the general public. Please refer to our Malicious Interference Policy for more details.
8. User/Expert Reviews, Blog Posts, comments, communications and other content:
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." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Direct Create reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Direct Create violates these Conditions of use and/or terminate your permission to access or use this website. Please refer to our Community Policy for details in this aspect.
If you do post content or submit material, and unless we indicate otherwise, you
o (a) grant Direct Create and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
o (b) Direct Create and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Direct Create, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at that date the content or material is submitted to Direct Create: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Direct Create policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Direct Create and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties. Please refer to our Intellectual Property Rights Policy for more specifics on this.
9. Objectionable Content
Direct Create lists hundreds of thousands of products/services for sale offered by makers, designers and service partners on the website and hosts thousands of comments, blog posts, reviews because of this it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Direct Create operates on a "notice and takedown" basis. If you believe that any content on the website 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, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; 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, (" Objectionable Content "), please notify us immediately by following our Report Content link. Once this procedure has been followed, Direct Create will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time. Please refer to our Intellectual Property Rights Policy for more specifics on this.
10. Malicious Interference:
Examples of interference include but not limited to:
11. Community Interaction:
Everything on Direct create is aimed at the Community. Direct Create members use community features to inspire each other, share knowledge, discuss ideas, and build personal and professional relationships. Community spaces include but not limited to - the Forums, Weblogs (Blog), Meetups, Pop-up Markets, User or Member Groups etc.
1. Members who use any of the community features must be over 18 years old. In addition, to make sure that Direct Create continues to be a place that’s safe and respectful:
User Groups, Meetups: Groups and Meetups are a community feature on Direct Create with which you can connect with other members. Members can create and use Groups to share information about running a local business, get advice from experienced makers, sellers, designers or organizations and business experts or gather to socialize. Buyers can browse Teams by theme or location to find items and shops that might interest them.
By using Direct Create’s Community feature, you acknowledge that: Communitiy features must –
12. Rights to Intellectual Property and Information / Knowledge assets
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Direct Create, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Direct Create and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Direct Create, its affiliates or its software suppliers and is protected by India and international copyright and author's rights laws. Please refer to our Trade and Service Marks Policy for more specifics on this.
You may not systematically or in any other way extract/ or re-utilise parts of the contents of the website without Direct Create and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Direct Create and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Direct Create and / or its affiliate's (as may be applicable) express written consent.
Direct Create and its affiliates 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, please follow our Report Content link in our Intellectual Property Rights Policy.
13. Our/Other’s Trademarks, Service Marks, Copyrights or Business marks
DIRECT CREATE, DIRECTCREATE.COM, MAKERS MARKET, THE DIRECT CREATE LOGO, and other marks indicated on our website are trademarks or registered trademarks of DirectCreate.com, or its subsidiaries (collectively "Direct Create") in India and other countries. Direct Create's trademarks and trade dress may not be used in connection with any product or service that is not Direct Create's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Direct Create. All other trademarks not owned by Direct Create that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Direct Create.
Direct Create must be able to assure Internet users and others that only the services offered, sponsored, or endorsed by Direct Create actually bear the Direct Create Marks. Trademark law requires that we not only protect against improper use of the Direct Create Marks, but also protect against the use of confusingly similar marks.
How can you use the Direct Create Marks? Here are our rules for using the Direct Create Marks:
We support and encourage using the Direct Create Marks in the following ways:
Direct Create does not permit the following uses of its Marks
To apply to use the Direct Create Marks in a product, email the following information to Licensing@DirectCreate.com:
1. Software Terms:
Use of the Direct Create Software: You may not incorporate any portion of the Direct Create Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Direct Create Software or otherwise assign any rights to the Direct Create Software in whole or in part. You may not use the Direct Create Software for any illegal purpose. We may cease providing any Direct Create Software and we may terminate your right to use any Direct Create Software at any time. Your rights to use the Direct Create Software will automatically terminate without notice from us if you fail to comply with any of these Direct Create Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Direct Create Software that are specifically identified in related documentation may apply to that Direct Create Software (or software incorporated with the Direct Create Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Service is the property of Direct Create and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
No Reverse Engineering: You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Direct Create Software, whether in whole or in part, or create any derivative works from or of the Direct Create Software.
Updates: In order to keep the Direct Create Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
2. Privacy of Others; Marketing
3. Disclaimer of Liability/Warranties.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website/Application. We shall neither be liable nor responsible for any actions or inactions of Makers, Designers, Service Partners or other Members, nor any breach of conditions, representations or warranties by the sellers of the products or services and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Direct Create nor shall Direct Create have any obligations or liabilities in respect of any transactions on the website.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
· your use of or your inability to use our Services;
· pricing, shipping, format, or other guidance provided by Direct Create;
· delays or disruptions in our Services;
· viruses or other malicious software obtained by accessing or linking to our Services;
· glitches, bugs, errors, or inaccuracies of any kind in our Services;
· damage to your hardware device from the use of any Direct Create Service;
· the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
· the duration or manner in which your listings appear in search results as set out in the Listing Conditions; or
· your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Where any legal jurisdictions do not allow the disclaimer of certain warranties or exclusion of damages, in as much as that regulations apply, such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable by any competent authority, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Direct Create Refund Policy up to the price the item sold for on Direct Create (including any applicable sales tax), or (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 6 months prior to the action giving rise to the liability, or (c) Rs.3000.
4. Indemnity and Release
You shall indemnify and hold harmless Direct Create, 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 Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Direct Create 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 Makers, Designers, Service Partners, Members or vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
5. Children and under age users:
Direct Create is serious about protecting identity data and privacy of children and young users who are under the legally competent age to contract. Also we will not allow any misuse of information or data shared by them unknowingly or unwittingly.
( a) You must be at least 18 years old to be a Direct Create member/user/visitor; (b) You must be competent to contract at the jurisdiction in which you reside; (c) A person under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for everything done with that account; (d) The adult under who the underage user transacts will be responsible that no personally identifiable data is shared on any public or community spaces about the underage user.
If any member has reasons to believe that he/she is dealing with an underage user, he/she shall immediately stop the transaction and report it to us. Make sure to include any relevant information about why you think the member is underage. If you have an email from the member, please be sure to include a copy of it.
6. Other Businesses on Direct Create
Parties other than Direct Create and its affiliates may operate stores, studio or workshops - provide services, or sell product lines on Direct Create website or application. For example, businesses, NGO’s and individuals offer products via Marketplace, Makers Market or Pop-up Stores. In addition, to stores on Direct Create platform we may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Direct Create does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. Since we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
7. Communications with You
When you visit Direct Create or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order, for the purposes of the National Do-no-Call registry or other such do-not disturb services, these communications will be treated as essential, solicited or requested by the subscriber.
8. Alteration of Service Terms or Amendments to these Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order or sell goods and services through us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
9. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, it is completely discretionary and will not be deemed as a waiver granted of these conditions, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
11. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
12. Communication with Direct Create
This website is operated by Direct Create Private Limited. For any communication about or relating to these terms or the Direct Create website or application, you can contact us by visiting the contact us page.