TERMS & CONDITIONS
BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.huesdesignart.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site and You will be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately. Please refer to the Clause 5. Terms of Sale for information regarding the Collection area of Our Site and shopping online with Us.
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Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required for a User to access and/or use
certain areas of Our Site, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code,
software, databases and any other form of information capable of being
stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site;
“We/Us/Our” means Pattern Textiles, a company registered in India,
whose registered address and main trading address is H-202, Civitech
Sampriti, Sector-77, Noida (Uttar Pradesh) - 201301.
“Collection” means the collection of prints available to buy on the Site
under the heading Collection;
“Design” means an artwork created by Us that we own the intellectual
property rights to.
2. Information About Us
2.1 Our Site, www.huesdesignart.com, is owned and operated by Pattern
Textiles, a Proprietory Firm registered in India, whose registered address
and whose main trading address is H-202, Civitech Sampriti, Sector-77,
Noida (Uttar Pradesh) - 201301. Our GST number is 09BLJPC5466P1ZF.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in
order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We
may alter, suspend or discontinue Our Site (or any part of it) at any time
and without notice. We will not be liable to you in any way if Our Site (or
any part of it) is unavailable at any time and for any period.
4. Accounts
4.1 Certain parts of Our Site (including the ability to purchase a design from
Us) may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate
and complete. If any of your information changes at a later date, it is your
responsibility to contact us so that we can make the necessary
amendments.
4.4 We recommend that you choose a strong password for your Account. It is
your responsibility to keep your password safe. You must not share your
Account with anyone else. If you believe your Account is being used
without your permission, please contact Us immediately at
designstudiohues@gmail.com. We will not be liable for any unauthorized
use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected,
used, and held in accordance with your rights and Our obligations under
the law, as set out in Clause 16.
4.7 If you wish to close your Account, you may do so at any time. Closing
your Account will result in the removal of your information. Closing your
Account will also remove access to any areas of Our Site requiring an
Account for access. Your data will continue to be held by us, in accordance
with our Privacy and Cookie Policy, unless you expressly ask otherwise.
5. Terms of Sale (shopping Our Online Collection)
5.1 In order to shop Our online Collection you will need to create an Account
(see Clause 4.).
5.1.1 The Collection area of Our Site is only available to industry
professionals who are intending to ultimately purchase prints. We
may contact you after registering on Our Site to discuss your
application before we are able to grant access. We reserve the right
to decline applications.
5.1.2 Please refer to our Privacy and Cookies Policy for information as to
how we collect, store and use personal data gathered during the
application process.
5.1.3 We reserve the right to block a User’s account if we suspect misuse
in order to prevent design theft and potential copyright infringement.
We monitor accounts for patterns of frequent browsing and limited
purchasing.
5.1.4 After registering successful applicants will be notified by email.
5.2 Ordering
5.2.1 Users should add chosen designs to their basket and proceed to the
checkout.
5.2.2 When purchasing a design Users will receive a layered, high
resolution PSD file in suggested repeat and a digitally printed silk
sample in suggested garment shape. Delivery of the printed sample
may be subject to P&P (see Clause 5.2.8). Intellectual property rights
to any purchased designs will not be deemed as transferred to the
User until We have received full payment for the associated invoice.
5.2.3 We do not currently accept payments online but invoices, once issued,
may be settled by card alongside other payment methods. For the
placed orders, we will promptly contact the User to issue an invoice,
discuss price/payment, arrange delivery of digital files and/or fabric
samples and otherwise finalize the purchase.
5.2.4 Designs displayed in the Collection are simultaneously available for
purchase in person from us and there may, on rare occasions, be a
time when a design becomes unavailable for purchase before it has
been removed from the Collection on Our Site. Should this occur we
will notify the User as soon as possible.
5.2.5 Prices are available on application, please email :
designstudiohues@gmail.com to discuss.
5.2.6 Orders placed outside of business hours will be processed the next
working day.
5.2.7 Once a User has signed an invoice for an order and received digital
and/or fabric artwork the order is complete and no returns or
exchanges will be made.
5.2.8 We will send digital files via a digital transfer service. Accompanying
fabric artwork can posted upon request or dropped off at a forth
coming sales appointment. Please specify the correct email/postal
addresses to the sales team when finalizing your order. Posting of
fabric artwork will incur P&P charges. Please contact us on our email
id designstudiohues@gmail.com for a quote.
5.3 Design descriptions
5.3.1 We have made every effort to ensure that the images of the designs in
the Collection are plentiful, clear and accurate in colour so that Users
may be confident in their choices. The thumbnails on the Collection
homepage show a zoomed image of each design to enable users to
quickly assess the prints. Clicking on a design will reveal a further
zoomed image and also an image of the entire design. Users should be
aware that colour can vary between monitors and We can not
guarantee that the colours in the digital file will exactly match those
on a particular monitor.
5.4 Copyright in Our Designs
5.4.1 We own the intellectual property rights to all designs displayed in
Our online Collection.
6. Intellectual Property Rights
6.1 All Content included on Our Site and the copyright and other intellectual
property rights subsisting in that Content, unless specifically labelled
otherwise, belongs to or has been licensed by Us. All Content (including
User Content) is protected by applicable India and international
intellectual property laws and treaties.
6.2 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in
any other manner re-use Content from Our Site unless given express
written permission to do so by Us.
6.3 Our status as the owner and author of the Content on Our Site (or that of
identified licensors, as appropriate) must always be acknowledged.
6.4 You may not re-use any Content printed, saved or downloaded from Our
Site for commercial purposes without first obtaining a licence from Us (or
our licensors, as appropriate) to do so. This does not prohibit the normal
access, viewing and use of Our Site whether by business users or
consumers.
7. Links to Our Site
7.1 You may not link to any page other than the homepage of Our Site,
www.huesdesignart.com. Deep-linking to other pages requires Our
express written permission. Please contact Us at
designstudiohues@gmail.com for further information.
7.2 Framing or embedding of Our Site on other websites is not permitted
without Our express written permission. Please contact Us at
designstudiohues@gmail.com for further information.
7.3 You may not link to Our Site from any other site the main content of
which contains material that:
7.3.1 is sexually explicit;
7.3.2 is obscene, deliberately offensive, hateful or otherwise
inflammatory;
7.3.3 promotes violence;
7.3.4 promotes or assists in any form of unlawful activity;
7.3.5 discriminates against, or is in any way defamatory of, any person,
group or class of persons, race, gender, religion, nationality,
disability, sexual orientation, or age;
7.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;
7.3.7 is calculated or is otherwise likely to deceive another person;
7.3.8 is intended or is otherwise likely to infringe (or to threaten to
infringe) another person’s privacy;
7.3.9 misleadingly impersonates any person or otherwise misrepresents
the identity or affiliation of a particular person in a way that is
calculated to deceive (obvious parodies are not included in this
definition provided that they do not fall within any of the other
provisions of this sub-Clause 7.4);
7.3.10 implies any form of affiliation with Us where none exists;
7.3.11 infringes, or assists in the infringement of, the intellectual
property rights (including, but not limited to, copyright, trade
marks and database rights) of any other party; or
7.3.12 is made in breach of any legal duty owed to a third party
including, but not limited to, contractual duties and duties of
confidence.
8. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated,
these sites are not under Our control. We neither assume nor accept
responsibility or liability for the content of third party sites. The inclusion of
a link to another site on Our Site is for information only and does not imply
any endorsement of the sites themselves or of those in control of them.
9. Liability and Disclaimers
9.1 Nothing on Our Site constitutes advice on which you should rely. It is
provided for information purposes only. Professional or specialist advice
should always be sought before taking any action on the basis of any
information provided on Our Site.
9.2 Insofar as is permitted by law, We make no representation, warranty, or
guarantee that Our Site will meet your requirements, that it will not
infringe the rights of third parties, that it will be compatible with all
software and hardware, or that it will be secure.
9.3 We make reasonable efforts to ensure that the Content on Our Site is
complete, accurate, and up-to-date. We do not, however, make any
representations, warranties or guarantees (whether express or implied)
that the Content is complete, accurate, or up-to-date. Please note that this
exception does not apply to information concerning goods for sale
through Our Site. Please refer to Our Terms of Sale for more
information.
9.4 To the fullest extent permissible by law, We accept no liability to any
User for any loss or damage, whether foreseeable or otherwise, in
contract, tort (including negligence), for breach of statutory duty, or
otherwise, arising out of or in connection with the use of (or inability to
use) Our Site or the use of or reliance upon any Content (including User
Content) included on Our Site.
9.5 If you are a business user, We hereby exclude all implied conditions,
warranties, representations or other terms that may apply to Our Site or
Content. We will not be liable for any loss of profits, sales, business or
revenue; loss of business opportunity, goodwill or reputation; loss of
anticipated savings; business interruption; or for any indirect or
consequential loss or damage.
9.6 If you are a consumer user, please note that Our Site is intended for
business use only, however if, as a result of Our failure to exercise
reasonable care and skill, any digital content from Our Site damages your
device or other digital content belonging to you, you may be entitled to
certain legal remedies. For more details on consumer rights, please
contact your local Citizens Advice Bureau or Trading Standards Office.
9.7 We neither assume nor accept responsibility or liability arising out of any
disruption or non-availability of Our Site resulting from external causes
including, but not limited to, ISP equipment failure, host equipment
failure, communications network failure, natural events, acts of war, or
legal restrictions and censorship.
9.8 Nothing in these Terms and Conditions excludes or restricts Our liability
for fraud or fraudulent misrepresentation, for death or personal injury
resulting from negligence, or for any other forms of liability which cannot
be excluded or restricted by law.
9.9 The limitations of liability included in this Clause 9 apply only to the use
of Our Site and not to the sale of goods, which is governed separately by
Our Terms of Sale.
10. Viruses,Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Site is secure
and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and
other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any
other material which is malicious or technologically harmful either to or
via Our Site.
10.4 You must not attempt to gain unauthorized access to any part of Our
Site, the server on which Our Site is stored, or any other server,
computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a
distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be
committing a criminal offence under the Computer Misuse Act 1990.
Any and all such breaches will be reported to the relevant law
enforcement authorities and We will cooperate fully with those
authorities by disclosing your identity to them. Your right to use Our
Site will cease immediately in the event of such a breach.
11. Acceptable Usage Policy
11.1 You may only use Our Site in a manner that is lawful and that complies
with the provisions of this Clause 11. Specifically:
11.1.1 you must ensure that you comply fully with any and all local,
national or international laws and/or regulations;
11.1.2 you must not use Our Site in any way, or for any purpose, that is
unlawful or fraudulent;
11.1.3 you must not use Our Site to knowingly send, upload, or in any
other way transmit data that contains any form of virus or other
malware, or any other code designed to adversely affect
computer hardware, software, or data of any kind; and
11.1.4 you must not use Our Site in any way, or for any purpose, that is
intended to harm any person or persons in any way.
11.2 When submitting communicating in any way using Our Site, you must
not submit, communicate or otherwise do anything that:
11.2.1 is sexually explicit;
11.2.2 is obscene, deliberately offensive, hateful or otherwise
inflammatory;
11.2.3 promotes violence;
11.2.4 promotes or assists in any form of unlawful activity;
11.2.5 discriminates against, or is in any way defamatory of, any
person, group or class of persons, race, gender, religion,
nationality, disability, sexual orientation or age;
11.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;
11.2.7 is calculated or is otherwise likely to deceive;
11.2.8 is intended or otherwise likely to infringe (or threaten to infringe)
another person’s right to privacy or otherwise uses their personal
data in a way that you do not have a right to;
11.2.9 misleadingly impersonates any person or otherwise
misrepresents your identity or affiliation in a way that is
calculated to deceive (obvious parodies are not included within
this definition provided that they do not fall within any of the
other provisions of this sub-Clause 11.2);
11.2.10 implies any form of affiliation with Us where none exists;
11.2.11 infringes, or assists in the infringement of, the intellectual
property rights (including, but not limited to, copyright, patents,
trade marks and database rights) of any other party; or
11.2.12 is in breach of any legal duty owed to a third party including, but
not limited to, contractual duties and duties of confidence.
11.3 We reserve the right to suspend or terminate your access to Our Site if
you materially breach the provisions of this Clause 11 or any of the other
provisions of these Terms and Conditions. Specifically, We may take
one or more of the following actions:
11.3.1 suspend, whether temporarily or permanently, your Account
and/or your right to access Our Site;
11.3.2 remove any User Content submitted by you that violates this
Acceptable Usage Policy;
11.3.3 issue you with a written warning;
11.3.4 take legal proceedings against you for reimbursement of any and
all relevant costs on an indemnity basis resulting from your
breach;
11.3.5 take further legal action against you as appropriate;
11.3.6 disclose such information to law enforcement authorities as
required or as We deem reasonably necessary; and/or
11.3.7 any other actions which We deem reasonably appropriate (and
lawful).
11.4 We hereby exclude any and all liability arising out of any actions
(including, but not limited to those set out above) that We may take in
response to breaches of these Terms of Use.
12. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policy,
available to view on Our Site. These policies are incorporated into these
Terms and Conditions by this reference.
13. Changes to these Terms of Use
13.1 We may alter these Terms and Conditions at any time. Any such
changes will become binding on you upon your first use of Our Site after
the changes have been implemented. You are therefore advised to check
this page from time to time.
13.2 In the event of any conflict between the current version of these Terms
and Conditions and any previous version(s), the provisions current and
in effect shall prevail unless it is expressly stated otherwise.
14. Contacting Us
To contact Us, please email Us at designstudiohues@gmail.com or using
any of the methods provided on Our contact page.
15. Communications from Us
15.1 If We have your contact details (if, for example, you have an Account)
We may from time to time send you important notices by email. Such
notices may relate to matters including, but not limited to, service
changes, changes to these Terms of Use, Our Terms of Sale, and
changes to your Account.
15.2 When registering on our site you are opting in to receive
communications from Us (via email and/or telephone) concerning Our
forth coming sales trips/trade shows/appointment booking opportunities
to view Our collection in person. You may opt out of such
communications at any time by emailing designstudiohues@gmail.com.
15.3 The Collection area of Our Site is only available to industry
professionals who are browsing with the intention to purchase prints. We
may contact you after registering on Our Site to discuss your application
before we are able to grant access.
15.4 For questions or complaints about communications from Us, please
contact Us at designstudiohues@gmail.com.
16. Data Protection
16.1 All personal information that We may use will be collected, processed,
and held in accordance with the provisions of General Data Protection
Regulation (“GDPR”) and your rights under the GDPR.
16.2 For complete details of Our collection, processing, storage, and retention
of personal data including, but not limited to, the purpose(s) for which
personal data is used, the legal basis or bases for using it, details of your
rights and how to exercise them, and personal data sharing (where
applicable), please refer to Our Privacy and Cookie Policy.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us
(whether contractual or otherwise) shall be governed by, and construed
in accordance with, Indian law.
17.2 If you are a business, any disputes concerning these Terms and
Conditions, the relationship between you and Us, or any matters arising
therefrom or associated therewith (whether contractual or otherwise)
shall be subject to the exclusive jurisdiction of the courts of India.
17.3 If you are a consumer, any disputes concerning these Terms and
Conditions, the relationship between you and Us, or any matters arising
therefrom or associated therewith (whether contractual or otherwise)
shall be subject to the jurisdiction of the courts of India, as determined
by your residency.