Membership Eligibility
Persons who can form legal contracts under applicable law can only register at
Template-Savvy. 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 Site. If you are a minor i.e. under the age of 18
years, you cannot register as a member of the Site and cannot sell or purchase
any items on the Site. If you wish to purchase or sell an item on the Site such
purchase or sale may be made by your legal guardian or parents who have
registered as users of the Site provided that such purchase or sale is not in
relation to any adult material/mature audience items displayed on the Site, the
sale or purchase of which to/by minors is strictly prohibited. Template-Savvy
reserves the right to terminate your membership and refuse to provide you with
access to the Site if we discover that you are under the age of 18 years.
Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of
your account and Password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or Password.
You agree to:
(a)Provide true, accurate, current and complete information about yourself as
prompted by our registration form (such information being the "Registration
Data")
(b) You must not include any of your contact details such as email addresses
etc in your username; and
(c) Maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete or we have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, or not
in accordance with the Terms and Conditions, we have the right to indefinitely
suspend or terminate your membership and refuse to provide you with access to
the Site.
Electronic Communications
When you visit the Site or send emails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by email or by posting notices on the Site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
Fees and Services
Template-Savvy charges Transaction Fees to all sellers when their item is
successfully sold on the Site.
The Fee Charging and Credit policies on Template-Savvy are effective from Date,
Year. However, Template-Savvy reserves the right to change its Fee Charging and
Credit policies from time to time. In particular, we may at its sole discretion
introduce new services and modify some or all of the existing services offered
on the Site. In such an event Template-Savvy reserves the right to introduce
fees for the new services offered or amend/introduce fees for existing
services, as the case may be. Changes to the Fee Charging and Credit policies
shall be posted on the Site and such changes shall automatically become
effective immediately after they are posted on the Site.
You are responsible for paying all fees associated with the use of the Site and
you agree to bear any and all applicable taxes, charges etc. levied thereon.
Template-Savvy reserves the right to issue a warning, temporarily /indefinitely
suspend or terminate your membership and refuse to provide you with access to
the Site in case of non-payment of fees by you to Template-Savvy.
Template-Savvy also reserves the right to take legal action in case of
non-payment of fees by you to Template-Savvy.
Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly
governed by the following binding principles:
(a) Any Template provided by you to Template-Savvy for selling on site. You are
solely responsible for Your Templates, and we act as a passive conduit for your
online distribution and publication of Your Information.
(Note: here we should also clarify that we will not be responsible if some one
blames you for violating copy right of their picture or design etc.)
(b) Your Information (or any items listed)
(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent or involve the sale of counterfeit or stolen
items;
(iii) shall not infringe any third party's intellectual property, trade secret
or other proprietary rights or rights of publicity or privacy;
(Note: here we should clarify same for logo, templates etc.)
(iv) shall not be obscene or contain pornography;
(v) shall not contain any viruses, computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information
(vi) shall not create liability for us or cause us to lose (in whole or in
part) the services of our ISPs
(c) Solely to enable Template-Savvy to use the information you supply us with,
so that we are not violating any rights you might have in Your Information, you
agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights (but no other rights) you have in
Your Information, in any media now known or not currently known, with respect
to Your Information. Template-Savvy will only use Your Information in
accordance with the Terms and Conditions and Template-Savvy’s
Privacy Policy.
(d) You represent and confirm that you shall be the sole and exclusive legal
owner of all items, goods or products of any description that you wish to offer
for sale on the Site. You shall have complete right title and authority to deal
in and offer for sale such items, goods or products.
(e) In the event that any transaction or attempted transaction relating to any
item, service which is violative of these terms and conditions comes to your
knowledge, you shall take all steps to inform Template-Savvy of the same. You
may contact Template-Savvy at complain@Template-Savvy.com
(f) You shall not, either alone or in conjunction with other Users, manipulate
or attempt to manipulate the prices of any item being sold or purchased on the
Site.
(g) You will not disclose your contact details like Phone number, address,
emailing address in bidding, buying or listing process, or anywhere on the Site
including the feedback area, discussion forum or through any e-mail feature to
bypass Template-Savvy.
Breach
Without limiting other remedies, Template-Savvy may immediately issue a warning,
temporarily/indefinitely suspend or terminate your membership and refuse to
provide you with access to the Site:
(a) If you breach the Terms and Conditions or the documents it incorporates by
reference;
(b) If Template-Savvy is unable to verify or authenticate any information you
provide; or
(c) If it is believed that your actions may cause legal liability for you,
other Users or Template-Savvy.
Template-Savvy may at any time at its sole discretion reinstate suspended Users.
A User that has been indefinitely suspended may not register or attempt to
register with Template-Savvy or use the Site in any manner whatsoever until
such time that such User is reinstated by Template-Savvy. Notwithstanding the
foregoing, if you breach the Terms and Conditions or the documents it
incorporates by reference, Template-Savvy reserves the right to recover any
dues owed by you to Template-Savvy and to take strict legal action including
but not limited to a referral to the Cyber Crime Division / initiating criminal
proceedings against you.
As A Seller:
As a registered member, you may list item/s for sale on the Site. You must be
legally able to sell the item(s) you list for sale on our Site. You must ensure
that the listed items do not infringe upon the intellectual property, trade
secret or other proprietary rights or rights of publicity or privacy rights of
third parties. Listings may only include text descriptions, graphics and
pictures that describe your item for sale. Soliciting business offline
or outside of the Site, by indicating your contact details (e.g. contact phone
number, address or e-mail ID) in the item listing or elsewhere on the Site
other than in the Registration data is expressly prohibited and would be
considered as a breach of the Terms and Conditions.
You cannot authenticate the Winning Buyer's identity. Without limiting any other
remedies, Template-Savvy may suspend or terminate your account if you are found
to have engaged in fraudulent activity in connection with the use of the Site.
As sellers on the Site we encourage you to post feedback.
Arbitration
If any dispute arises between you and Template-Savvy during your use of the Site
or thereafter, in connection with the validity, interpretation, implementation
or alleged breach of any provision of the Terms and Conditions, the dispute
shall be referred to a sole Arbitrator who shall be an independent and neutral
third party identified by Template-Savvy. The place of arbitration shall be
Mumbai. The Indian Arbitration & Conciliation Act, 1996, shall govern the
arbitration proceedings. The arbitration proceedings shall be in the English
language.
Governing Law
The Terms and Conditions shall be governed and construed in accordance with the
laws of India.
Editor Rights
When you submit a Template for approval, you should not take it for granted that
your template is approved. Our Editorial Team will verify whether it matches
our Approval Standard or not.
While approving your template, we tend to believe that it is your creation, it
should not be creation, property, trade secret or other proprietary rights or
rights of publicity or privacy rights of third parties.
Template-Savvy or its editorial team could not be held liable in such case.
Because we check only quality of Template and its cost.
So, one can mean that we approve quality and cost by believing that the template
submitted by seller is his own property.
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