DISCLAIMER: User’s Terms & Conditions Version 1.0
1. CHARACTERISTICS
1.1. This Policy is a legally binding document between you- “Website Visitor” and site, mageorange.com (with or without https and www) hereinafter referred to as “the website” or “Mage Orange.” Your use of the website automatically confirms your acceptance and the effectiveness of the policy.
1.2. Further, this policy is a piece of “Electronic Agreement” therefore, this policy doesn’t require any physical or digital signature.
1.3. This set of “Terms & Conditions” applies to all the users of the website(s) viz. partners/ sellers or buyers/ customers or simply visitors.
2. THE ORGANIZATION
2.1. www.mageorange.com is a website owned and maintained by “Mage Orange Publication & Technologies”, a firm that strives to provide quality publishing services along with online services and digital commerce, including online services such as e-commerce, e-commerce marketplace, website designing, webhosting, online advertisement, and a variety of other online services.
3. FLEXIBILITY
3.1. This set of terms conditions is flexible and may be amended or modified keeping into view the interests of the visitors and Mage Orange.
3.2. However, the version of the “Terms & Conditions” will be mentioned and the older versions will be available in the firm database.
4. COMPLIANCE
4.1. All users at Mage Orange shall strictly comply with all the codes, policies etc. as described by Mage Orange. This set of rules and regulations will be accessible from the website footer section and at the “Privacy Center.”
5. REGISTRATION & ELIGIBILITY:
5.1. Users may browse the website(s) and its contents without registering at the website.
5.2. In order to place an order or take part in an event, users are generally required to register at the website by creating an account.
5.3. During registration, certain personal information is collected.
5.4. The personal information is used in accordance with the “Privacy Policy.”
5.5. Users must ensure that they have provided exact and correct information during registration.
5.6. Users must ensure that they are above 18 years of age.
6. USE OF ACCOUNT
6.1. Users registered at Mage Orange will have access to the “Account Panel.” It is used to access the user’s account. All information regarding profile, address, orders, returns etc. will be accessible from the account panel.
6.2. User will be responsible for maintaining the confidentiality of their Account and the information provided therein, and shall be fully responsible for all activities that occur under their Account Panel.
6.3. User must immediately notify Mage Orange of any unauthorized use of their account information or any other breach of security, and ensure that they exit from their account at the end of each session.
6.4. Mage Orange will not be liable for any loss or damage to the User arising from failure to comply with this Section. User may be held liable for losses incurred to Mage Orange or any other user of, or visitor to, the Website due to authorized or unauthorized use of User Account.
6.5. User will strictly not transfer / sell / trade / provide unauthorized access to their Account to any other person or entity.
7. LIABILITIES & OBLIGATIONS
7.1. Mage Orange does not make any representation or warranty as to the products on its website(s). Users are further advised to independently verify and judge the details and credentials of any particular Brand or Seller which they choose to deal with.
7.2. Mage Orange shall have the right to remove the listing of any Product or regulate the contents related to seller’s profile page, product or whatsoever with or without prior information.
7.3. Mage Orange reserves the right to regulate the contents created or uploaded by its users.
7.4. Mage Orange reserves the right to withhold the account of any User violating one or multiple the terms stated in this terms & conditions with or without notice.
7.5. Users must not create/ upload any inappropriate contentrelated to sexually explicit content, or content that may hurt the religious or other sentiments of people belonging to any caste, creed, and color.
7.6. User should not copy or upload any copyright contents of others.
7.7. Users should use the website or app themselves without inducing any automated programs, technologies or bots.
7.8. Users should not create spam.
7.9. Users should strictly not try to hack the website or servers of Mage Orange or upload or try uploading any script or code. Such an activity will be regarded as an attempt to cause harm to the website(s) and Mage Orange, thereby strict action will be taken.
7.10. Users might be required to install necessary updates in order to be able to use the updated versions of the website or app.
7.11. For any major Custom Work, User will be required to pay 70% of the Fees in Advance and rest after delivery. However, in some exceptional cases, the entire amount may be required t be paid in advance.
7.12. For minor Custom Work [below 300 USD or equivalent], User will be required to pay the entire amount in advance.
7.13. All visitors using the products and services listed on Mage Orange agree and adhere to the respective sellers’/ partners’ policies and in no case will indulge in a breach of agreement or policies of the respective sellers/ partners. During an occassion of such a breach, the seller or partner may take adequate action as described in his policy.
8. INDEMNITY
8.1. User agrees and undertakes to indemnify and to hold harmless Mage Orange, its affiliates, successors, agents, assignees, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the User of the user’s or Seller’s obligations, representations, or warranties hereunder; (ii) any violation by the user of applicable law or regulation; or (iii) any breach by the user of any Mage Orange Policies or any other policies.
8.2. Additionally, the user will, at all times and to the complete satisfaction of Mage Orange and without demur, at its own expense, indemnify, defend and hold harmless, Mage Orange and its officers, directors, employees, associates successors, representatives and agents, against any third party claim, demand, suit, action or other proceeding brought against Mage Orange or its directors, successors, representatives, agents, officers and employees and against all penalty, damages, awards, settlements, liabilities, losses, costs and expenses related thereto (including attorneys’ fees) to the extent that such claim, suit, action or other proceedings are, directly or indirectly, based on or arise on account of the Products and their content, or any breach of any of the terms and conditions of this Agreement by the user or failure of the user in the performance or observance of its role, functions, responsibilities as specified herein, or the breach of the user’s representations and warranties as contained in this Agreement, even after the termination of this Agreement.
9. DISCLAIMER
9.1. Execution of this “terms & conditions” does not and will not facilitate the user for violation of any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement.
9.2. Mage Orange does not warrant that the User will be able to use the Website all times or locations on the Website or that the Website and the services provided through the Website will be uninterrupted or error-free or that the defects will be corrected by Mage Orange.
9.3. Mage Orange also doesn’t warrant that there will not be any bug or discrepancies or lack of facilities in the website or its functioning. Such problem if any must be brought to immediate notice of Mage Orange; Mage Orange will first judge and then solve such problems at the earliest convenience.
10. CONSENT & ACCEPTANCE
10.1. By way of using our website(s) you automatically provide the consent to agree and abide by this privacy policy.
11. GOVERNING LAWS & JURISDICTION
11.1. This Agreement shall be governed by and construed in accordance with the laws of India. Conflict of any kind will be solved by mutual discussion and understanding while preserving the conditions laid here.
11.2. On failure of the same, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a arbitrator to be appointed by both the parties with mutual consent.
11.3. On failure of both the process as described as described above, Conflict of any nature will be a subject to resolution under Guwahati Jurisdiction/ Gauhati High Court or a Higher Court in India.
12. REPORTING
12.1. Any matter related to the terms & conditions can be addressed directly to the management via the following e-mails:
[email protected] | cc to: [email protected] |