Terms and Conditions
TERMS AND CONDITIONS
The MBD Creations website www.mbdcreations.in (“The Host”) is owned and operated by Meghna Bag Dass, having your access to and use of all Jewellery designs on this website including the services are provided subject to the following terms and conditions. This website is compliment to the new concept of subscription based jewellery designs, it’s a platform to provide collection of jewellery design to its subscriber which contains 40 to 50 sketch jewellery designs every month. It also provides the sales of personalised Jewellery products in designer jewellery section.
All subscription orders accepted by MBD Creations are governed by, and subject to, these Standard Terms and Conditions. Buyer hereby agrees to these Standard Terms and Conditions for all orders placed, except, and only to the extent, the parties have separately negotiated and executed a mutually agreeable written agreement governing Buyer’s purchases from MBD Creations which are inconsistent with theses Standard Terms and Conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website you read these terms and conditions.
These Terms and Conditions ("Terms”), govern any sale(s) by MBD Creations (“MBD Creations”), to you, by your subscription purchase, you acknowledge and agree to the following:
Article 1 - DEFINITIONS
The parties which have been referred to in this agreement are:
a) “MBD Creations ” , Us, We: “MBD Creations”, as the creator, operator, and publisher of this website, operate and owns this website, the subscriptions are provided to its registered users for providing the Jewellery designs which are available to the registered subscribed users only. MBD Creations, Us, We, Our, Ours and other first-person pronouns will refer to the MBD Creations, as well as all employees of “MBD Creations”.
b) You , being the User and the Client will be referred as You, Your, yours, or as User or Client in this agreement
c) The parties to this Agreement (“MBD Creations” and “You”) will be referred to as Parties.
Article 2 - ACCEPTANCE
By using the MBD Creations website you warrant that you have read and reviewed this Agreement and that you are bound by its terms and conditions. If you do not agree to be bound by this Agreement, please hold the use and leave the website. “MBD Creations” only provides use of this website Jewellery designs and Services to you if you assent to this Agreement.
Article 3 - SUBSCRIPTION AND DISCLAIMER
a) When you visit our website, in jewellery conceptualizer section we give you a subscription to access and use our Jewellery designs for personal use only, the subscriber is not entitled or licenced through this subscription to further sale or subscribe these designs provided by the MBD Creations to any other party. You are permitted to download the designs only for the development and research purposes and exclusively for your personal use only. Your use of our Jewellery designs in any other way infringes our intellectual property rights.
b) You are not permitted to copy, republish, distribute or display any of the Jewellery designs/products on this website provided to you through subscription basis without our prior written permission. The subscription to access and use the Jewellery designs on our website does not include the right to use them further for trading purposes.
c) The subscription also does not permit you to Meta tag or mirror our website content without our prior written permission. We reserve the right to serve you with notice if we become aware of your Meta tag or mirroring of our website or using our designs for trading purposes.
Article 4 – EXTERNAL LINKS
a) This website may from time to time contain external links to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
b) You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's Jewellery designs including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Article 5 - INFORMATION YOU PROVIDE
a) You are responsible for all and any information you share on our website for subscription purposes. When you provide this information you retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display and distribute) the information in any and all media including forms not yet developed.
Article 6 - INTELLECTUAL PROPERTY RIGHTS
a) The copyright to all Jewellery designs on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trademarks, brands and logos which are used on this website are either owned by us or we have a licence to use them. Your access to our website through subscription does not license you to use those marks in any commercial way without our prior written permission.
b) Any information, comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Article 7 - YOUR CONDUCT
You agree not to use MBD Creations its Jewellery designs or Services for any unlawful purpose or any purpose prohibited under the laws and this clause. You agree not to use MBD Creations its Jewellery designs and Services in any way that could damage the website or its Jewellery designs, Services and image of the company.
“MBD Creations” expects, and you the user not to:
a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights such as privacy and publicity rights of MBD Creations.
b) Advertise or offer to sell the design sketches for any business purpose.
c) Falsify or delete the company attribution, or other material contained in the Jewellery Designs.
d) Limit or prevent other users from using and enjoying MBD Creations Services.
e) Violate any code of conduct or other guidelines that applies to the subscription Services.
f) Harvest or collect information about other people, including e-mail addresses, without their consent.
g) Violate any law or regulation.
Article 8 - SUBSCRIPTION AND PAYMENT
While opting for the subscription packages provided by the MBD Creations a subscriber will be provided with a specific term subscription services which will contain 40 to 50 designs every month in one collection/theme.
You hereby agree to pay for the subscription prior to the use of Jewellery designs (s) according to the MBD Creations payment terms. In the event you fail to make any payment to MBD Creations when due, your entire account(s) with MBD Creations shall become immediately disabled without notice or demand.
Article 9 - CANCELLATIONS
No subscription will be cancelled for the term after subscribing for the services.
The amount paid for the subscription will not be refunded for any reason.
Article 10 - SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the MBD Creations website and steal its Jewellery designs or Services;
b) Violate the security of MBD Creations its Jewellery designs or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Article 11 - DISCLAIMER
a) Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability.
b) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
c) The users are solely responsible for their privacy and must not share their login Id and Password with any other party.
d) In the event the user comes to know that their subscription account is compromised, the user should intimate MBD creations for the same as soon as possible on the e-mail provided below.
Article 12 - LIMITATION OF LIABILITY
a) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
b) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us. We do not participate in any way in the transactions between our users.
Article 13 - INDEMNITY
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Article 14 - JURISDICTION
a) These terms and conditions are to be governed by and construed in accordance with the laws of Maharashtra India and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Mumbai Maharashtra India and you agree to submit to the jurisdiction of those Courts.
b) If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Article 15 - PRIVACY
Article 16 - GENERAL PROVISIONS
a) ASSIGNMENT : This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder by assigned, sold, leased or otherwise transferred by “MBD Creations” the rights and liabilities of “MBD Creations” will bind and inure to any assignees, administrators, successors, and executors.
b) SEVERABILITY : If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
c) NO WAIVER : In the event, we fail to enforce any provision of this Agreement; this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
d) RELATIONSHIP : No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
e) FORCE MAJEURE : “MBD Creations” is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
f) COMMUNICATIONS : Both the parties to this agreement can communicate through e-mail. For any questions or concerns, please email us at the following address: email@example.com
Effective Date: 10th February 2020