TERMS OF USE

This Website is created and operated by All India Artisans and Craftworkers Welfare Association (AIACA) having its registered office at “B-223, Basement, Chittaranjan Park, New Delhi – 110019” represented by its Board of Members, hereinafter referred to as the “Organization” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).

This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.aiacaonline.org.

The creator of these Terms of Service ensures your steady commitment to the usage of your platform and the services provided by the organization on the Website “www.aiacaonline.org.” (hereinafter referred to as the “Platform”).

For the purpose of these Terms of Use (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Organization, as the context so requires. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Users of this Platform provided by the organization and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Application, Platform or individual apart from the Users and the creator of this platform. “Platform” refers to the Website created by the Organization.

GENERAL TERMS

  1. The headings of each section in these Terms or Privacy Policy are only for the purpose of organizing the various provisions under these Terms and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the User. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on the User availing the services from the Platform.
  2. The use of this Platform by the Users is solely governed by these Terms, Privacy Policy and as well as other policies that may be uploaded on the platform the purpose of the Users effective applicability, and any modifications or amendments made thereto by the Organization, from time to time, at its sole discretion. If you as a User continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions, Privacy Policy and such other policy as that may be available and applicable on the Users of the Platform.
  3. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  4. The User unequivocally agrees that these Terms and the aforementioned Policies constitute a legally binding agreement between the User and the Organization, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
  5. The Organization reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.

PLATFORM OVERVIEW

All India Artisans and Craftworkers Welfare Association (AIACA), AIACA, is an apex body that has been working on a range of issues, since 2004, to promote market-led growth for the crafts sector; and increased incomes and improved living standards of crafts producers. Over the past decade, AIACA has conducted policy research and advocacy on a range of issues including access to credit for crafts producers and environmental and health and safety standards for the sector; developed a crafts-certification system called the Craftmark; assisted sales and outreach of member producer groups and enterprises through commercial trade catalogues, trade fairs and order fulfilment; and assisted in developing and strengthening back-end production systems through a range of product design and business development services.

REGISTRATION

Registration is mandatory for all users of the platform. The Registrations shall be deemed complete only upon the user’s authentication and verification of the user’s details through the mobile or email authentication.

  • Name
  • Mobile No
  • Email Id
  • Password

The purpose of registration is to provide membership service for artisans to get benefits as well as certification based on an audit driven process that users will apply for. The membership will provide artisans assistance.

ELIGIBILITY

  1. The Users jointly represents and warrants that they are competent and eligible to enter into legally binding agreements and of age and that they have the requisite authority to bind themselves to these Terms following the Law.
  2. The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
  3. The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and the Platform has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.
All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Organization and the copyright owner.
The Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Organization.

INDEMNITY

The Users of this Platform agree to indemnify, defend and hold harmless the Organization/Platform, and their respective directors, officers, employees and agents (collectively, “Parties”), from and against any 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 maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Organization/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:

  1. User’s use of the Platform,
  2. User’s violation of these Terms and Conditions;
  3. User’s violation of any rights of another;
  4. User’s alleged improper conduct according to these Terms;
  5. User’s conduct in connection with the Platform;

User agrees to fully cooperate in indemnifying the Organization and the Platform at the user’s expense. The user also agrees not to settle with any party without the consent of the Organization.

In no event shall the Organization be liable to compensate the User 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, and whether or not the Organization/ Platform had 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 with the User’s use of or access to the Platform and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

  • The Founders/ Promoters/ Partners/ Associated people of the Organization/Platform are not responsible for any consequences arising out of the following events:
    • If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
    • If the User has fed incorrect information or data or for any deletion of data;
    • If there is an undue delay or inability to communicate through email;
    • If there is any deficiency or defect in the Services managed by Us;
    • If there is a failure in the functioning of any other service provided by the Platform.
  • The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
  • Users are to comply with all laws applicable to them or their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
  • The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

TERM

  1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platform
  2. The Users may terminate their use of the Platform at any time.
  3. The Organization may terminate these Terms and close any account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
  4. Such suspension or termination shall not limit our right to take any other action against you that the Organization considers appropriate.
  5. It is also hereby declared that the Organization may discontinue the Services and Platforms without any prior notice.

TERMINATION

  1. The Organization reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Platform, or any portion thereof, at any time, without notice or cause.
  2. The Platform also reserves the universal right to deny access to particular users, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other visitors to the Platform.
  3. The Platform reserves the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
  4. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

COMMUNICATION

By using this Platform and providing his/her identity and contact information to the Organization through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Organization and/or any of its representatives at any time (only with users’ consent).
Users can report to “communications@aiacaonline.org” if they find any discrepancy with regard to Platform or content-related information and the Organization will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Organization or any representatives relating to any services availed by the User on the Platform or anything pursuant thereto and the Users agrees to indemnify the Organization from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Organization shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted user of this Platform and that they:

  1. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Organization.
  2. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Organization disclaims any liabilities arising concerning such offensive content on the Platform.

 

The User further undertakes not to:

  1. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
  2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  3. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
  4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platform
  5. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
  6. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
  7. Violate any applicable laws, rules or regulations currently in force within or outside India;
  8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
  9. Commit any act that causes the Organization to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Organization/Platform;

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Organization or the respective copyright or trademark owner. Furthermore, concerning the Platform created by the Organization, the Organization shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Organization/Platform, to be determined in the sole discretion of the Organization.

The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Organization or any other User. The User is aware that the Organization merely provides a platform through which the Users can communicate and schedule meetings, and the Organization/Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

  1. The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
  2. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
  3. The Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any associated risks involved with the User’s use of the Platform.

It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

FORCE MAJEURE

Neither the Organization nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

  1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
  2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Organization, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Delhi, India.

The Parties expressly agree that the Terms of Service, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

CONTACT/NOTICES/GRIEVANCES

Any and all communication relating to any information, issue or grievance experienced by the User may be communicated to the Organization by emailing to communications@aiacaonline.org.