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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.

  1. 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.

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