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TERMS AND CONDITIONS
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Introduction
www.redearthindia.com (hereinafter referred to as Site)
is the official website of Red Earth.
Your use of the site, or any of the services offered on it, including shopping, is governed by the following terms
and conditions, as well as any other specific terms and conditions / rules / guidelines / policies posted
elsewhere on the site.
Your use of the site and its services constitutes acceptance of these terms and conditions, hence you are
advised to read the terms and conditions carefully and independently before you use the Site. These terms
and conditions apply automatically to any new services or features introduced on the Site. If you do not
agree with any of the terms and conditions, you are NOT licensed to use the Site and the services offered on it.
Red Earth reserves the right to modify and / or update the terms and conditions without notice.
It is your responsibility to periodically review the most current version of the terms and conditions
as your continued use of the Site constitutes your acceptance of any modified / new terms.
Terms of Use
You may download certain pages of the Site and / or print only a single copy of the same for your personal,
non-commercial use. Any commercial use of any content on the Site (including Design) is not permissible.
This Site or any portions of it may not be reproduced, copied, sold, made available for public access, or
exploited in any other manner for commercial or non-commercial purposes without express written consent from Red Earth.
Red Earth gives its users a limited license to quote briefly from textual content on the site, subject
to its being accompanied by a proper citation (including the URL or a link, credit to Red Earth as the
publisher of the content, the title of the piece from where content is being quoted, all relevant i
nformation on authorship / ownership / copyright of the particular content as mentioned on the particular
page of the Site, and date of updating / publishing if applicable). Extracts and quotations should be
subject to Fair Use guidelines
You may not modify any content accessed from the Site. All copyright notices and logos on any content that
you download or print must be retained.
You may forward links to sections of the Site, or provide a link to sections on the site on your website,
for non-commercial purposes, subject to the condition that Red Earth, or its contributors / affiliates are
not portrayed in an offensive, insulting, false, misleading, or otherwise objectionable manner.
You agree not to use the Site to:
1. Upload or post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, promotes violence, is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a Red Earth employee / affiliate, or falsely state or otherwise misrepresent your affiliation with a person or entity;
2. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;
3. Upload or post otherwise make available any Content that you do not have a right to make available, under any law or under contractual or fiduciary relationships (such as inside, proprietary or confidential information, learned or disclosed as part of employment relationships or under non-disclosure agreements);
4. Upload or post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
5. Upload or post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of business solicitation. Repeated postings of a promotional nature are considered abuse of the forums.
6. Upload or post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. Disrupt the normal flow of dialogue by repeatedly posting the same or similar material, or otherwise acting in a manner that negatively affects other users' ability to engage in exchanges;
8. Violate any applicable local, state, national or international law;
9. "Stalk" or otherwise harass another user; Collect or store personal data about other users either manually or by means of automated software tools; Promote illegal activities; Inhibit other users from using and enjoying the unedited forums.
10. Post content that contains untruthful representations, deceptive practices, inducements to commit any illegal activity.
Copyright
The Copyright for this website as a collective work, including Design Copyright, and copyright for content in any form / media rests with Red Earth. All rights to the content on the Site not expressly granted herein are reserved.
Copyright for articles / other materials in any format / media - visual, electronic, textual, or any other, provided by contributors / affiliates rests with the respective individuals / organisations, or with other individuals; as mentioned in the respective pages. Third party trademarks, service marks, logos, trade names and copyrights found on the Site belong to their respective owners.
Nature of Content
Red Earth does not vouch for the truth / accuracy / safety or legality of any content posted on the site, especially, but not limited to, content provided by contributors / affiliates, or User Content.
The views expressed on the website are not necessarily those of Red Earth.
Red Earth is also not responsible for any content that might be offensive, harmful, inaccurate or deceptive to you. You agree to hold harmless Red Earth and its sponsors, affiliates, owners, or employees against any and all claims related to any opinions expressed on the Site.
It is possible that Site includes inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although we attempt to ensure the integrity and the accuracy of the Site, we make no guarantees whatsoever as to the correctness or accuracy of the Site. In the event that such an inaccuracy arises, please inform Red Earth at contact@redearthindia.com.
Contributions
Contributions refer to any material in any format submitted to us for publication on the Site. As there is no provision for direct submission of content on the Site, users who wish to contribute will have to e-mail / otherwise send the same to us.
While we generally do not solicit contributions from users, we are open to the idea of receiving contributions from users which reflect their area of work / expertise.
However, we do not guarantee that contributions sent to us will be published. They will be put forth to the Editor of the site for consideration. Contributions should be keeping in mind our interests, and address these. If desired, potential contributors can correspond with us before they actually send us their contributions, giving us details / abstracts of the same; and we will ask for the contributions to be sent to us, if we think we might be able to publish them. However, Red Earth will commit to publishing a contribution only after having received it in totality, if it is approved for publication by the Site Editor.
While we would like to inform you about receipt / non-acceptance of your contribution, it might not be possible for us to do the same for all contributions. In case of accepted contributions, we will however inform the contributor, and ask him/her to sign an agreement assigning permission to publish the contribution on the Site.
Contributors will be the copyright owners of their contributions, but we would expect them to acknowledge Red Earth as the publisher of the contribution in all citations or further publications / revised versions published elsewhere, and inform us of the same.
If the contribution being offered to Red Earth for publication has already been published, the contributor needs to inform us about the same, as well as state that he/she owns the copyright for the same. In case the copyright rests with a third party, we would need a certification from the legal copyright owner granting us permission to publish the contribution on the Site. Red Earth accepts no responsibility for having infringed on copyright of a third party, to whom the contributor might have already assigned the copyright, based on concealment of information / inaccurate information on part of the contributor.
Those contributions commissioned by Red Earth, with or without financial compensation, for which the concept / research has been provided by Red Earth, cannot be published elsewhere, unless after having received written permission from Red Earth, which we may or may not grant. Red Earth or its employees / affiliates will be credited for their concept / research if applicable, and may assert part copyright on it, depending on the nature of their involvement in the contribution.
Due to budget constraints, we are unable to offer any honorarium whatsoever to contributors, at this stage. At a later stage, subject to availability of financial resources, we might consider the possibility of offering token honorariums to contributors. However, contributors whose contributions have been published before this policy comes into practice, shall make no claims of payment for their contributions published on the Site previously.
User Content
Please note that User Content is different from Contributions. User Content refers to any material emailed / otherwise sent to Red Earth by the users of the Site, e.g. feedback, suggestions, ideas, comments, and the like.
Users certify that they are the rightful copyright owners of the content being submitted and are not violating somebody else's copyright / intellectual property rights. Red Earth is not responsible if a visitor to the Site, violates your rights in any manner.
Users are fully responsible for the user content they post on the site / send to us, in terms of its legality and accuracy.
User content will be moderated. We may reject or edit your contribution at our discretion without having to secure your permission, for reasons of it being objectionable on counts of vulgarity, licentiousness, prejudice, illegal, abusive, or any other reason; or for no reason at all whatsoever.
While we are open to receiving User Content, Red Earth does not guarantee that User Content will be put to use / executed, or any responsibility for the same. User content will belong to Red Earth, and by sending us any content, the user assigns all worldwide rights of the content to Red Earth. User content is free from expectations of confidentiality and can be published / disseminated / used in any other manner by us, anywhere and anytime, for any commercial / non-commercial purpose. User shall not assert any right on the content posted / sent by them to Red Earth, or claim or assert under any circumstance that any of our projects / initiatives / events have resulted from derivative use of the User Content. At our sole discretion, the user might be credited for his content, depending on the nature of the User Content and for what purpose and how the User Content has been used.
No compensation of any kind will be offered for any kind of User Content or its derivative use, if at all; unless deemed fit by Red Earth, and subject to availability of financial resources.
Advertising
We do not vouch for the reliability / safety / legality / quality of any products or services advertised on
this site by third parties. Advertising on Red Earth is a service we offer to advertisers and doesn't constitute
our endorsement of the advertised product / service or the advertiser. You agree not to hold Red Earth responsible
for any complaints / loss / damage suffered by you as a result of your dealing with any such advertisers. Disputes
regarding advertised products and services are to be settled directly with the advertisers and Red Earth will not be
involved in this matter under any circumstance. You release us from any and all claims you may have regarding the
third party's failure to deliver or perform.
Links to Other Sites
Links offered on the Site to other sites do not constitute our endorsement of the linked site / page.
Linked sites are not under our control and we are not responsible for incorporating any information on updates
/ termination of the linked sites / pages; nor for any content that appears on the linked site / page.
In case you come across an inactive link on the site, we would appreciate if you would let us know about the
same by emailing contact@redearthindia.com.
Terms and Conditions for Specific Services
Following is the information and terms and conditions for specific services available on the site.
It is your responsibility to make sure you read, understand, and accept these terms before using any service
offered on the Site.
NEWSLETTER
Red Hot: The Red Earth Newsletter, or any other forthcoming newsletters to be featured on the site,
comply to our Privacy Policy.
While this is not a normal practice, we reserve the right to unsubscribe any email address(es) from any or
all of the newsletters.
Subscribers are free to forward the newsletter, provided no part of its content (text, graphic or any other) is modified.
SHOPPING
International Customers: International Customers are referred to CC Now, our authorised online retailer for international payments, from where they can buy our products using their credit cards. International customers will be charged the amount of their order in US Dollars, irrespective of where they are ordering from.
Your credit card / bank might charge you a conversion fee or any other tax on the same, and hence you are advised to check about the same, before you place an order. Red Earth is not responsible for any other additional charges / duties / taxes that you might have to pay when you order from the Site. You may be subject to import duties and taxes on certain items, which are levied once a shipment reaches your country. These charges will be borne by you, we have no control over them, and cannot predict what they might be.
We accept and ship orders all over the world. In case your country is not listed, mail us at shopping@redearthindia.com and we will try our best to help you.
Indian Customers: Indian Customers can buy Red Earth products at Bazee.com. Payment options include credit card, online bank transfer, cheque or demand draft.
In order to buy on the site, you need to register as a member on Bazee; but registration is an easy process.
Red Earth doesn't accept responsibility for offline payments (cheques / drafts) sent to us that are lost in transit. We will be executing delivery of only those orders for which payment has reached us, after the payment is realised (approximately three-four days after receipt of payment for drafts and cheques payable in Delhi; approximately 15-20 days after receipt of payment for outstation cheques). Customers are advised to send their offline payments either by Courier with proof of delivery, or Registered Post Acknowledgement Due.
General Rules: Product prices, shipping charges and availability status of the products / services for sale featured on the site are subject to change without notice.
It might be that the price or availability status has been inaccurately displayed on the Site, or that the calculations for the products bought by you have been carried out wrongly by our payment gateways / online retailers. In such a case, we reserve the right to cancel the order for an item on an incorrect price, even if the order has been confirmed and your credit card has been charged or offline payment has been dispatched by you. If your credit card has been already charged for the purchase, and we cancel the order, we shall credit the charged amount back to your credit card. Offline payments (cheques and drafts) will also be returned.
In case you have sent us a cheque / draft for a wrong amount, due to a mistake on your part, we shall be unable to process your order till we receive the cheque / draft for the correct / additional amount. Hence you are advised to fill in the cheques / make the drafts carefully. Drafts and cheques for wrong amounts will be returned to the senders. We will be sending them back by regular postal service and do not accept responsibility for loss of cheques / drafts in transit.
Your receipt of an electronic or other form of order confirmation from our payment gateways or online retailers does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason (for example, but not limited to: non-delivery to certain regions, bad track record of customer).
We might not be able to deliver orders to certain regions. Red Earth reserves the right to limit the provision of any product or service to any individual, or geographic region and to limit the quantities of any such product or service that it provides. In such cases also, payments will be refunded.
Products and services available on Red Earth might be illegal / prohibited for use in certain countries / regions. Therefore, accessing those materials from territories where they are illegal is prohibited. Those who order products prohibited in their territories are fully responsible for the same and its compliance with local laws. If Red Earth is aware of the prohibition of a product in a certain region, it reserves the right to cancel an order on this account.
Once submitted, orders cannot be cancelled. Red Earth doesn't offer any refunds and does not accept return of purchased items. There is very little chance that you will get a damaged / faulty product, since each product is checked before shipping, and is packed safely. Our shipment methods are also reasonably reliable. In the rare event that you get a wrong item, please inform us by sending an e-mail to shopping@redearthindia.com and we will send you the correct item immediately, as well as try and collect the wrong item sent to you.
Shipping is calculated according to the weight. This is a user-friendly practice, unlike charging of a flat shipping rate per item. The more items you order, the lesser you pay for additional / total shipping.
Large orders with multiple items might be broken into more than one consignment. Extra shipping costs will not be charged for this.
Customers are responsible for feeding in their correct and complete delivery address. We allow for shipments to be sent to an address other than your billing address (the address registered on your credit card). That means that if you feed in an address different from your credit card billing address, we cannot verify the same, and in this case, and even otherwise you are solely responsible for the accuracy of the shipping address. Hence users are required to feed their address carefully, and check it before submitting it. In case a customer has fed in a wrong address, and our shipment has already been dispatched, there's little we can do to help. We do not accept any responsibility of non-delivery or entertain any request for cancellation of order / refund in such cases. It is very well possible that your order will be received and retained by a third party if you have given us a wrong address. If however, the order is sent back to us by the postal authorities, we can re-ship it you at your correct add ress. However in such a case, shipping charges will be charged anew, and the customer will have to pay these before we can ship out the order. Additionally, the customer will also have to bear the charges that we incur in having the shipment re-routed to us from the wrong address. The order will be sent to the customer only once we have received these charges. Since there is no provision for charging these charges in the shopping carts on our online retailers' sites, the customer will have to send us this amount via bank transfer / draft / cheque; including any bank charges that we might have to pay for the same. In case of such a problem you can write to shopping@redearthindia.com.
In case you want to SEND A GIFT, please enter the name and address of the person to whom you wish to send the gift, in the 'Shipping Address' fields in the CC Now Cart, or change your delivery address if ordering from Bazee. If you want to send a message along with your gift, send us an e-mail with the text (maximum 200 words) at
shopping@redearthindia.com . Please do not use abusive / otherwise offensive language in your gift message.
We will send an e-mail to you once your order is shipped out to inform you of the same. Shipping time (as mentioned on CC Now / Bazee for various regions and shipping methods) is the time taken to deliver an order after the order has been dispatched by us. It depends on where the customer stays and on the shipping method selected. The actual time taken for your order depends on the time your payment takes to reach us (if offline payment), the time for realisation of the same (outstation cheques take longer) and the shipping method selected.
For any shopping queries contact us at shopping@redearthindia.com .
Privacy Policy
Red Earth complies to all privacy regulations and maintaining your privacy is our prime concern. We do not sell / lease / otherwise provide your personal information to third parties unless it is to carry out your instructions and to provide specific services. In order to buy products from the Site, you might have to provide personal information to our online retailers / payment gateways, however as would be evident from their privacy policy, they would also be conforming to privacy regulations. In addition, Red Earth may share your postal information with our postal agencies / couriers, in order to facilitate
mailing of your order to you. Again, such an agency would be bound by strict confidentiality agreements that limit their use of such information.
In an event of a legal inquiry, court order, judicial proceeding, or other legal processes served upon us; to exercise our legal right; or to defend ourselves against legal claims; we may need to disclose personal information. The users agree not to see this a violation of their privacy, but as a necessary action we would have to resort to, if bound
by law.
Termination
Red Earth reserves the right to discontinue, edit, update, modify, in whole or in part any portion of the Site or any services available on the site with or without notice.
Disclaimer of Warranties and Indemnity
Your use of this Site is at your own risk. This website is provided by Red Earth on an "as is" and "as available" basis. To the full extent permissible by applicable law, the Site disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Red Earth makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products on the website, including that
1. The Site and its services will meet your requirements,
2. The Site will be uninterrupted, timely, secure or error free,
3. The quality of any products, services, information or other material purchased or obtained by you though the Site will meet your expectations, be reliable or accurate, and
4. Errors in the software will be corrected.
Your sole remedy for dissatisfaction with the Site, site-related services and/or content or information contained within the site is to stop using the site and / or its services. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the same. You agree to indemnify, defend and hold Red Earth harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of your content, your use of the Site, your connection to the Site, and your violation of our Terms and Conditions.
Limitation of Liability
In no event shall Red Earth be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from Red Earth, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the Site, or [e] any other matter relating to the service, even if Red Earth has been advised of the possibility of damages.
For any queries contact us at contact@redearthindia.com
Updated: 24 November 2004
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