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Terms & Conditions
Please read the
following terms and conditions very carefully as your use of service is subject
to your acceptance of and compliance with the following terms and conditions
("Terms"). By subscribing to or using any of our services of differentdesigner.in,
you agree that you have read, understood, and are bound by the Terms,
regardless of how you subscribe to or use the services. 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" and "our" shall mean
differentdesigner.in https://differentdesigner.in/,
its franchisor, sellers, and partners.
Introduction:
differentdesigner.in website
("Website") is an Internet-based content and e-commerce portal operated
by different designer, a company incorporated under the laws of India. Use
of the Website is offered to you conditioned on acceptance without modification
of all the terms, conditions, and notices contained in these Terms, as may be
posted on the Website from time to time. differentdesigner.in, at its sole
discretion, reserves the right not to accept a User from registering on the
Website without assigning any reason thereof. You can find more information on
the About us page.
Embroidery Design Bulk Download Pack Terms &
Condition:
·
The condition of This
term is valid only for the embroidery design bulk download pack ( https://differentdesigner.in/bulk-download)
category.
·
No modification in any
design/designs/folder will be given – You can use our service to modify at the nominal rate.
·
After payment
confirmation for the specified folder, you will get your requested folder within
2-48 hours’ maximum.
·
The offer is valid only
if the customer buys/purchase an entire design/designs/folder. If the customer
wants a single design from the folder, he/she needs to pay the entire folder
rate or contact our customer care executive to know the available best option.
User Account, Password, and Security:
You will receive a
password and account designation upon completing the Website's registration
process either as a seller or as a customer.
You are responsible for maintaining the confidentiality of your password and
account and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify differentdesigner.in
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit/log out from your account at the end of
each session. differentdesigner.in cannot
and will not be liable for any loss or damage arising from your failure to
comply with it.
Services Offered:
differentdesigner.in provides
several Internet-based services through the Web Site (all such services, Online
Design sharing, the "Service").
One such service enables users to purchase Digital Products such as Embroidery Designs, Embroidery Designs
Consulting services, Embroidery Designs Share. Upon placing an order and make
the payment, differentdesigner.in shall display an Instant Download
Link for the Purchased product by the Customer, and They can
Download 20 times each Purchased Product from their account with us as per our
not-refundable Terms. The refund will be issued in a certain condition as per
our cancellation &
return policy
Seller:
(a)As a verified seller
from differentdesigner.in, you are agreeing to upload and send us the
product that is not having any legal
issues. differentdesigner.in reserves the right to terminate any
seller account or the products submitted by the seller at any time if it
against any law or we get a spam/abuse report for the product uploaded by the
seller. If you find any abuse/copyrighted material on our website, you
may contact us for
removal. We will fully cooperate with you for content removal.
(b)Seller will need to
upload their product with all necessary details as specified in the seller guidelines page.
This will help you to attract more customers to buy your product.
However, differentdesigner.in has the full right to
change/remove/edit any description submitted by the seller that seems to
violate DMCA rules & regulations/copyrighted material. By submitting
products from seller accounts, the seller agrees that it will become the property
of differentdesigner.in as
soon as it is approved by the admin.
(c)The MRP set by you is
just for our reference purpose. We have full rights to change/edit/modify the
MRP of the product submitted by the seller to bring more sales.
(d) differentdesigner.in has the
right to set the commission of each seller manually and changeable from time to
time. By Default, we are setting a 60:40 commission. E.g., 60% of the amount
will be paid to the seller by us, and we will keep a 40% amount as
administration fees & our service charges. If your product is going viral
and getting more purchases, we will increase your commission according to your
relationship with us.
(e) Make sure your
uploaded zip file as the product is not password protected. It's against our
seller TOS.
(f) Seller is
responsible for all issues raised from the products uploaded by them. The issue
may be any legal, consumer, or complaint.
(g) The seller should
upload the compressed file with exact images as they are compressing in the zip
file. So overall, the product should be as same as shown in the image.
Privacy Policy:
The User hereby
consents, expresses, and agrees that he has read and fully understands
the Privacy Policy of differentdesigner.in, the Website. The
user further consents that the terms and contents of such Privacy Policy are
acceptable to him.
Limited User:
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 or designs obtained from the
Website. Limited reproduction and copying of the content of the Website are
permitted provided that differentdesigner.in name
is stated as the source and prior written permission of differentdesigner.in 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 agree and undertake
to use the Website and the Service only to post and upload messages and
material that are proper. By way of example, and not as a limitation, you agree
and undertake that when using a Service, you will not:
a. Defame, abuse, harass, stalk, threaten, or otherwise violate the
legal rights of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful
topic, name, material, or information;
b. Upload files
that contain software or other material protected by intellectual property laws
unless you own or control the rights there to or have received all necessary consents;
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;
a. Conduct or forward surveys, contests, pyramid schemes, or chain
letters;
b. Download any file posted by another user of a Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
c. Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded;
d. Violate any code of conduct or other guidelines, which may apply
for or to any particular Service;
e. Violate any applicable laws or regulations for the time being in
force in or outside India, and violate any of the terms and conditions of this
Agreement or any other terms and conditions for the use of the Website
contained elsewhere herein.
f. Exploit any of the services. We reserve the
right to deprive individual customers of our Cash on Delivery payment option.
Moreover, we might refuse any of our services, terminate accounts, and/or
cancel orders at our discretion, including but not limited to, if we believe
that customer conduct violates applicable law or is harmful to our interests.
You shall not make any
derogatory, defamatory, abusive, inappropriate, profane, or indecent statement/s
and/or comment/s about differentdesigner.in,
its associates, and partners on any property owned by differentdesigner.in.
User Warranty and Representation:
The user guarantees,
warrants, and certifies that you are the owner of the content that you submit
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. You further warrant that to your 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 you in connection with the Services rendered by differentdesigner.in.
Exactness Not Guaranteed:
differentdesigner.in
hereby disclaims any guarantees of exactness as to the finish and appearance of
the final Product as ordered by the user. The quality of any products,
services, information, or other material purchased or obtained by you through
the Website may not meet your expectations. Alterations to certain aspects of
your order such as the Full Set of files, size, stitch effect, color Matching,
etc. may be required due to limitations caused by availability or Current trend
of product difference in the size of the respective Product Creator (Designer),
etc. In this instance, you agree that a representative from
Differentdesigner.in will call you or send an approval request via the email
address which you submitted when placing your order. If you do not agree with
the requested change you retain the right to reject the requested production
change by replying to it within 7 days of it being sent to you. differentdesigner.in may re-request
that you accept a production alteration one additional time if an alternative
method to send your product is available. If you reject this 2nd request your
order will be canceled, and you will be fully refunded via your initial method
of payment according to our Cancellation & return policy.
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, Differentdesigner.in 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, Creating Method or style, 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. You acknowledge and agree that you shall not use,
reproduce, or distribute any content from the Website belonging to
Differentdesigner.in without obtaining authorization from https://differentdesigner.in/.
Notwithstanding the foregoing,
it is expressly clarified that you will retain ownership and shall solely be
responsible for any content that you provide or upload when using any Service,
including any text, data, information, images, photographs, music, sound,
video, or any other material which you 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) you
expressly agree that by uploading and posting content on to the Website for
public viewing and reproduction/use of your content by third party users, you
accept the User whereby you grant a non-exclusive license for the use of the
same.
Links To Third Party Sites:
The Website may contain
links to other websites ("Linked Sites"). The Linked Sites are not
under the control of https://differentdesigner.in/ or the Website and https://differentdesigner.in/is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. Differentdesigner.in is not responsible for any form of transmission,
whatsoever, received by you from any Linked Site. Differentdesigner.in is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Differentdesigner.in or the Website of the
Linked Sites or any association with its operators or owners including the
legal heirs or assigns thereof. The users are requested to verify the accuracy
of all information on their own before undertaking any reliance on such
information.
Disclaimer Of Warranties/Limitation Of Liability:
differentdesigner.in has
endeavored to ensure that all the information on the Website is correct, but
Differentdesigner.in neither warrants nor makes any representations regarding
the quality, accuracy or completeness of any data, information, product, or
Service. In no event shall Differentdesigner.in be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any other
damages resulting from (a) the use or the inability to use the Services; (b)
unauthorized access to or alteration of the user's transmissions or data; (c)
any other matter relating to the services; including, without limitation,
damages for loss of use, data or profits, arising out of or in any way
connected with the use or performance of the Website or Service. Neither shall
Differentdesigner.in be responsible for the delay or inability to use the
Website or related services, the provision of or failure to provide Services,
Disconnect Internet during Download purchased Product, or for any information,
software, products, services, and related graphics obtained through the
Website, or otherwise arising out of the use of the website, whether based on
contract, tort, negligence, strict liability or otherwise. Further,
Differentdesigner.in shall not be held responsible for non-availability of the
Website during periodic maintenance operations or any unplanned suspension of
access to the website that may occur due to technical reasons or for any reason
beyond Differentdesigner.in control. The user understands and agrees that any
material and/or data downloaded or otherwise obtained through the Website is
done entirely at their discretion and risk and they will be solely responsible
for any damage to their computer systems or loss of data that results from the
download of such material and/or data.
Indemnification:
You agree to indemnify,
defend and hold harmless differentdesigner.in
from and against any and all losses, liabilities, claims, damages, costs, and
expenses (including legal fees and disbursements in connection therewith and
interest chargeable thereon) asserted against or incurred by
Differentdesigner.in that arise out of, result from, or maybe 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.
Pricing:
Prices for products are
described on our Website and are incorporated into these Terms by reference.
All prices are in Indian
rupees(INR) however we sometimes show the price in USD, EURO for our international
customers. Prices, products, and Services may change at Differentdesigner.in
discretion. You can check the international currency conversation rate before
purchasing on the payment page.
Shipping:
Title and risk of loss
for all products ordered by you shall pass on to you upon differentdesigner.in's shipment to the
shipping carrier. Sometimes for shippable products, in bill amount, there will
be only MRP, that is excluded from shipping charges. Shipping charges must be
paid by the user if your one order is less than 2000 INR amount.
Right now we don't offer
any shipping products. We only sell embroidery designs as downloadable
products.
Termination:
differentdesigner.in may suspend or
terminate your use of the Website or any Service if it believes, in its sole
and absolute discretion that you have breached any of the Terms. If you or
Differentdesigner.in terminates your use of the Website or any Service,
Differentdesigner.in may delete any content or other materials relating to your
use of the Service and differentdesigner.in
will have no liability to you or any third party for doing so.
You shall be liable to
pay for any service or product that you have already ordered until the time of
Termination by either party whatsoever. Further, you shall be entitled to your
royalty payments as per the User License Agreement that has or is legally
deemed accrued to you.
These terms shall be
governed by and constructed in accordance with the laws of India without
reference to conflict of laws principles and disputes arising in relation
hereto shall be subject to the exclusive jurisdiction of the courts at Gujarat,
India.
Headings:
The headings and
subheadings herein are included for convenience and identification only and are
not intended to describe, interpret, define or limit the scope, extent, or
intent of the Terms or the right to use the Website by you contained herein or
any other section or pages of the Website or any Linked Sites in any manner
whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall
apply equally to both the singular and plural form of the terms defined.
Whenever the context may require, any pronoun shall include the corresponding
masculine and feminine. The words "include", "includes" and
"including" shall be deemed to be followed by the phrase
"without limitation". Unless the context otherwise requires, the
terms "herein", "hereof", "hereto",
"hereunder" and words of similar import refer to the Terms as a
whole.
Severability:
If any provision of the
Terms is determined to be invalid or unenforceable in whole or in part, such
invalidity or unenforceability shall attach only to such provision or part of
such provision and the remaining part of such provision and all other
provisions of these Terms shall continue to be in full force and effect.
Report Abuse:
As per these Terms,
users are solely responsible for every material or content uploaded on to the
Website. Differentdesigner.in does not review the contents in any way before
they appear on the Website. Differentdesigner.in does not verify, endorse or
otherwise vouch for the contents of any user or any content generally posted or
uploaded on to the Website. Users can be held legally liable for their contents
and may be held legally accountable if their contents or material include, for
example, defamatory comments or material protected by copyright, trademark,
etc. If you come across any abuse or violation of these Terms, please report
to ranjani@differentdesigner.in .or
you may directly contact
us.
Unauthorized Charges on your card
If you see charges on
your credit/debit card for purchases made on Differentdesigner.in, but you
never created an account or signed up, please check with your family members or
business colleagues authorized to make purchases on your behalf, to confirm
that they haven't placed the order. If you're still unable to recognize the
charge, please report the unauthorized purchase within 60 days of the
transaction to enable Differentdesigner.in to begin an investigation.
Cancellation of Fraudulent Orders
To provide a safe and
secure shopping experience, we regularly monitor transactions for fraudulent
activity. In the event of detecting any suspicious activity,
Differentdesigner.in reserves the right to cancel all past, pending and future
orders without any liability. Differentdesigner.in also reserves the right to
refuse or cancel orders in scenarios like inaccuracies in pricing of product on
website and Designs unavailability. We may also require additional
verifications or information before accepting any order. We will contact you if
all or any portion of your order is cancelled or if additional information is
required to accept your order. If your order is canceled after your card has
been charged, the said amount will be reversed to your Card Account. Any
promotional voucher used for the cancelled orders may not be refunded.
Cancellation will proceed as per our cancellation policy.
What we do about mispricings
Despite our best
efforts, a small number of the many hundreds of items in our catalog are
mispriced. However, we verify prices as part of our dispatch procedures. If an
item's correct price is lower than our stated price, we charge the lower amount
and send you the item. If a product's correct price is higher than our stated
price, we will cancel your order and notify you of that cancellation.
Terms for Promotions/Contests/Offers/Campaigns
General Terms for Offers and Promotions
Discounts will be
applied to the total merchandise value, including GST/VAT and applicable taxes.
Issuance or redemption of a voucher or coupon will apply to the total value of
the qualifying order once all promotional discounts have been applied.
Only one credit
note/gift coupon/coupon can be used per order unless otherwise stated.
Discount coupons:
Discount coupons may
from time to time be offered to account holders; such coupons may only be
applied to purchases made through the account to which the discount coupon was
offered and registered. If you need a refund, this will be made in the same way
as the original payment method (such as onto a gift voucher, debit/credit card
account, a combination of the two and in case of COD, a Bank Transfer).
Promotional discount coupons:
We may from time to time
offer promotional discount coupons which may apply in respect of any or certain
specified, purchases made through this Website.
Differentdesigner.in
shall introduce various offers, schemes, or contests at different times. The
terms and conditions for such Contest shall be separately available on the
Site.
Differentdesigner.in
reserves the right to change/modify/add/delete any of the terms and conditions
prevailing on the different promotional schemes it introduces in the market
from time to time. Differentdesigner.in, at its discretion, can withdraw a
particular scheme from the website or market.
In case of any query
pertaining to the use of coupon and/or credit note or regarding the schemes,
please email customer care at :ranjani@differentdesigner.in.
While participating in
any Differentdesigner.in contest, you hereby agree to release and hold
Differentdesigner.in (and its officers, directors, agents, subsidiaries,
affiliates, joint ventures, and employees) harmless from any claim or demand,
but not limited to reasonable attorneys' fees, or arising out of or related to
your participation in the said Contest.
differentdesigner.in reserves the right
to cancel any orders placed using promotional vouchers. Some situations where
your order may be canceled include, without limitation, misuse of any
promotional vouchers, unauthorized usage of vouchers, or inaccuracies of
voucher pricing and value thresholds. The voucher amount will not be refunded
for such cases.
Suitable legal action
will be taken against websites involved in the unauthorized publication of
Differentdesigner.in vouchers. Differentdesigner.in will only honor vouchers
that are issued or published directly by us or our partner websites.
Registration Coupon Rules:
·
Coupons can only be used
to buy full-priced (non-discounted) products.
·
Coupons can not be
clubbed with any other offer.
·
For a single
transaction, only one coupon can be used.
·
The coupon is valid for
30 days from registration. However, we may extend the validity of coupons from
time to time.
·
Prizes are
non-transferable, and no cash payment instead of the same will be made.
·
All matters of disputes
will be subject to the final decision of Differentdesigner.in
·
In the case of multiple
products in your order, refund vouchers will not be applicable in the cart.
However, all other coupons will be applicable.
·
Sale/discounts apply to
selected Designs only. Although there are many brands on SALE, there might be
some exclusion. Due to technical issues, typographical errors, or information
received from our suppliers and service providers, prices of the products shown
on the Site may vary during the order process. If you come across any errors in
pricing or billing, we request you to contact us within 24 hours of receiving
your order so that we may provide a remedy for the same.
·
Promotional offers and
discounts may be combined only at the discretion of Differentdesigner.in.
·
All offers are
non-transferable and have no cash value.
·
differentdesigner.in
reserves the right to extend or terminate the offers/sale without further
information at any point in time.
·
differentdesigner.in
reserves the right, at any time, to amend/add/remove/modify (in whole or part)
any of the terms & conditions, or to replace, wholly or in part, this
promotion by another promotion, whether similar to this promotion or not, or to
withdraw it altogether, and
Wallet or store credit
EMB Wallet, E-Wallet,
Store Credit is the same feature, and we simply say it is a wallet. Whenever
you add anything to your Wallet, you can use this credit to make a purchase of
any product from our website. Whenever any product is purchased made by
you, you can find all payment history and current available balance from this
link https://differentdesigner.in/e-walletYou cannot get the wallet balance as
a refund. Still, you can use your wallet balance only to make purchases from
our website. /e-walletYou cannot get the wallet balance as a refund. Still, you
can use your wallet balance only to make purchases from our
website. decision in this regard shall be final and requires no intimation
to the customer of any sort.
All refunds will be in
the form of vouchers only.
In case of any further
query about the use of coupon and/or credit note or regarding the sale/offers,
please email customer care at ranjani@differentdesigner.in