Terms of Use of this Website

You are advised to read and understand these Terms of Use carefully as moving past the home page of www.ThePlantStudio.com, or using any of the Services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding Agreement between You and the Website. These Terms are to be read along with the Privacy Policy and any other policies on the Website, which may be amended from time to time.

 

This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms & Conditions for access or usage of the website and the Mobile Application and being generated by a computer system, it does not require any physical or digital signatures.

 

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires

• “We”, “Us”, “Our” shall mean and refer to www.theplantstudio.com – referred to as the Website.

• “You”, “Your”, “User/End User” and “Subscriber” shall mean and refer to natural and legal individuals who use the Website.

 

We hold the sole right to modify the Terms of Use without prior permission from You or providing notice to You. The relationship creates on You, a duty to periodically check the Terms of Use and stay updated on its requirements. If You continue to use the Website or transact through the Website or use any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Terms of Use, including but not limited to compliance with the Terms of Use even after alterations, if any.

 

Eligibility

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Services on the Website would be available pan-India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to refuse to service any request from You, if it is discovered or brought to its notice that You are a minor.

 

Disclosure of Account Information​

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• The Website is authorized by You to disclose the information that it has obtained about Your Account or shopping behaviour, or the information that You have provided, to third parties.

• To affiliate merchants or to agents and licensors of the Website or it’s affiliates, such as independent auditors, consultants or attorneys.

• To comply with any government agency or court orders or requests.

• In providing aggregated and non-personalized marketing services for an advertising or offline retail store partner.

• Further, You can authorize the Website to receive any Account information from any affiliate merchants including, but not limited to information regarding purchases made, items searched for or added to Your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address or other details provided by You during the purchase. You agree to hold the affiliate merchants harmless for any information disclosed to the Website in this regard. You permit the Website to collect and use non-personalized marketing information regarding visits and purchases made from other Internet websites or mobile sites.

 

License and Access​​

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The Website does not grant You a sub-license, limited or otherwise, in the use of the Website, and You are not to download in part or in full any content, except with express written consent of the Website. All content – including images displayed in this Website are exclusive copyright of the Website and You are not permitted for any collection and use of any product listings, descriptions, or prices; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of its affiliates without the express written consent of the Website. You may not use any meta tags or any other “hidden text” utilizing the Website name or trademarks without the express written consent of the Website. You shall not attempt to gain unauthorized access to any portion or feature of the Website.

 

YOU hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:

• Belongs to another person and to which You do not have any right;

• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

• Harms minors in any way;

• Infringes any patent, trademark, copyright or other proprietary/intellectual property rights;

• Violates any law for the time being in force;

• Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;

• Impersonates another person;

• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

• Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or

• Is misleading or known to be false in any way.

 

User Obligations​​

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You are a restricted User/Visitor of this Website.

• You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Only with Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial and/or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

• You acknowledge and agree that by accessing or using the Website, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.

• In places where this Website allows You to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

• Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

• Engage in any activity that interferes with or disrupts access to the Website or its Services (or the servers and networks which are connected to the Website);

• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

• Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

• Post any file that infringes the copyright, patent or trademark of other legal entities;

• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

• Download any file posted by another User that You know, or reasonably should know, cannot be legally distributed in such manner;

• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;

• Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;

• Use the Website or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;

• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

• Violate any applicable laws or regulations for the time being in force within or outside India;

• Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;

• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

• Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;

• Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;

• Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

• Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

• You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

 

We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, You remain solely responsible for the content of the materials You post on the Website and in Your private messages. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on the Website. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

 

Copyright and Trademark​

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The Website reserves all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Website and which We shall collect via the Website from the Users. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Website are owned by or licensed to the Website. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Website. You may not modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Website, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to or use of the Website does not authorize anyone to use any name, logo or mark in any manner. References on the Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.

 

Disclaimer of Warranties and Liabilities

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You expressly understand and agree that, to the maximum extent permitted by applicable law:

The Website and other materials provided by this Website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, We make no warranty that:

• Your requirements will be met or that Services provided will be uninterrupted, timely, secure or error-free;

• Materials, information and results obtained will be effective, accurate or reliable;

• Any errors or defects in Website, Services or other materials will be corrected.

To the maximum extent permitted by applicable law, we will have no liability related to User content arising under Intellectual Property Rights, Libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any User content.

The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her mobile phone/computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.

We shall not be liable for any third party product or services. The advertisement/s available on email or website/mobile site with respect to the third party website/mobile site or the products and services are for information purposes only and/or their fulfillment is the complete responsibility of the third party website/mobile site.

Some images, freely available or without any  apparent copyright issues, are used from Internet to create visuals to present the website in a more aesthetic manner. Such images are in no way being used for re-sale or the website visuals being offered for sale. As such, the respective copyright lies with the respective creators of these images. Most of such images have been sourced from www.PNGEgg.com and the copyright to these images lies with their website and/or content creators who have uploaded their content on this website.

 

Indemnification & Limitation of Liability 

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You agree to indemnify, defend and hold harmless this Website including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold us harmless against any claims made by any third party due to arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any Intellectual Property Rights.

In no event shall We, Our officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection Your use of or access to the Website, services or materials.

 

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

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You are prohibited from dragging Us in any negative publicity or review in any written form on any online platforms including any/all Social Media platforms like Facebook, WhatsApp, Instagram, YouTube, etc. for the purpose of seeking replacement/refund or to impact the reputation of The Plant Studio in a manner that will affect the confidence of its customers. 

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Hosting of Third Party Information

 

The Website hosts information provided by third parties. We are in no manner responsible to You for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but We are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

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The Website also provides advertising & content that is sourced from widely available platforms and presents it to You in a manner so that it conforms to the overall User Experience and User Interface for You when you consume this content through the Website. Please note that the Website does not create or own this advertising or content – text, images or videos and in case if it is found inappropriate or offensive or not conforming to your religious and cultural views or ethos by You in any manner possible, You cannot hold the Website liable for the same.

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In the process of interacting with the said advertising content, you may be re-directed to a platform that is owned, managed and run by the third-party where you may need to register, provide your personal information and/or also be required to pay in order to consume the third-party content or use the products advertised. We will not be held accountable for any such purchases made on third-party platforms for genuineness, security of your payment data and/or timeliness in getting the content/products from such third-party platforms.

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Compliance with Laws 

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All Users shall comply with all the applicable laws (including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of the Government of India) applicable to them respectively for using Payment Facility and the Website.

 

Privacy 

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We encourage You to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that Your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

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Opt Out

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In case You would want to Opt-out of any solicitation by Us, you need to contact us on ashish@theplantstudio.com and let us know.

 

Miscellaneous Provisions 

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Entire Agreement: The Terms of Use set forth in this Agreement and any additional or different Terms expressly agreed by the User and Service provider shall constitute the entire Agreement and understanding of User and Service provider with respect to each Service and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.

Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

 

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF USE OF THIS AGREEMENT.