Please read this Terms of Service and related policies including Privacy Policy available on our website before you use this website and/or our other platforms. 

 

GENERAL

Use of this website is made available only to individuals who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use this website.  If you represent and are registering as or acting on behalf of a firm/business entity, you confirm that you are duly authorized by that firm/business entity to agree, accept and be bound by this Terms of Service and other applicable policies including the Privacy Policy.

 

By accessing or using the website of our service, you confirm that you have read, understood, and agree to be bound by this Terms of Service and other applicable policies including the Privacy Policy. If you do not agree with these, you are advised not to use this website and/or our other platforms. The Terms of Service and other applicable policies including the Privacy Policy may be modified at any time, so please review these frequently. Changes and clarifications take effect immediately upon being posted on this website and/or our other platforms.  Your continued use of or access to the website and/or our other platforms constitutes acceptance of those changes and clarifications.

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority and you have given us your consent to allow any of your minor dependents to use this site. If you are a minor (less than 18 years of age), you shall not register as a user on this website and shall not sell or purchase on it. The Potter’s Touch reserves the right to terminate your membership and refuse to provide you with access to the website and/or platforms if it is brought to the Firm's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract."

 

Under the terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy policy and Terms of Use for access or usage of www.thepotterstouch.in.

 

The domain name www.thepotterstouch.in (hereinafter referred to as the ‘website’) is owned by The Potter’s Touch, a sole proprietor firm having it’s office at #16, The Promenade, Pavoor Road, Padivattom, Kochi 682024, Kerala, India, hereinafter also referred to as "the Firm"(“we”, “us” or “our”), which expression unless the context

otherwise requires shall mean and include its successors, liquidators and assigns.

 

For the purpose of this Terms of Service, and wherever the context so requires, 'you' shall mean any natural or legal person who as a visitor has used our website without becoming a registered user, or a person who has agreed to become a member of our website by registering on the website as a user and, in either case, accepted this electronic record of the Terms of Service. The term and expression ‘you’ shall, unless the context requires otherwise, shall and include your legal heirs, successors, receivers, liquidators and assigns. This Terms of Service and other policies on our ‘website’, shall apply, where the context so requires in our sole determination, to any or all of our other channels and platforms.

 

ONLINE MATERIAL AND TERMS

All materials including trademarks, tradenames, design, graphics, logos, content, compilations on the www.thepotterstouch.in website, or our other channels including YouTube, Instagram, Facebook are the copyrighted property of The Potter’s Touch. No material from our website, YouTube, Instagram and our other platforms, may be reproduced, distributed, modified, adapted, converted and/or stored in any retrievable manner, in any form and in any way, in whole or in part, without our express written consent. Any unauthorized attempts to download, upload, modify and/or distribute any material on our website or our other platforms are strictly prohibited and may be punishable by law.

 

We do not provide any assurance that the content, products or service on our website or platforms will always remain available. Further, we may at our sole discretion delete, modify, change all or any part of their contents without prior notice to you. We may, without prior notice, modify, change the products and services; stop providing the products and services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

If you use this Website as a user, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by you as a visitor or user of a third-party site through which you access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or the firm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Service, the firm has the right to indefinitely suspend or terminate or block access of your membership with the Website and/or platforms and refuse to provide you with access to its products and services.

 

You are required to provide us with your e-mail and/or mobile number, login user ID/ password while placing your order through our website and or any applications. By using this our website and or application, it is deemed that you have consented to receiving calls or messages from us at any time on the number that has been provided by you for the use of our service which are subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this website is also your consent to receive WhatsApp messages, SMS and other communication from us at any time we deem fit. This consent to be contacted is for purposes that include and is not limited to clarification calls and marketing and promotional calls. In case you wish to stop the same, you may send us an email to the effect. You may also be contacted by service providers or third party through SMS, calls or other means, with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by us. 

 

Payments

While availing any of the payment method/s available on the website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

1.           Lack of authorization for any transaction/s, or

2.           Exceeding the preset limit mutually agreed by you and between "Bank/s", or

3.           Any payment issues arising out of the transaction, or

4.           Decline of transaction for any other reason/s

 

All payments made against the purchases/services on website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. This website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping/delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment for our users.

It is also agreed that

1.           With respect to items sold on our website, we charge your credit card or preferred payment option before your order has entered the shipping process. For any reason if we are not able to ship the products as per your order, we will intimate you electronically and refund the value of the products not available.

2.         Transactions, transaction pricing and all commercial terms such as delivery, dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between buyer and seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render us liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the website.

3.           You have specifically authorized us or our service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery in respect of transactions through Payment Facility. You understand, accept and agree that the payment facility provided by us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash on Delivery, collection and remittance facility for the transactions on our website using the existing authorized banking infrastructure and payment gateway networks.

4.          At our sole discretion, we may, without assigning any reason, refuse, limit or cancel orders or the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

5.        You agree to provide us with the latest, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transaction.

 

PRODUCTS AND SERVICES

We assert that our brand name/website name are proper nouns and not necessarily descriptive of our products or services.

 

We reserve the right to limit the sales of our products and/or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

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We reserve the right to limit the quantities of any products or services that we offer.

 

We do not assure you that the quality of any of the information on this website or our other channels, our products or services, or any other material purchased or obtained by you will meet your expectations, or that any errors or shortcomings in the information, products, services will be corrected. We offer our products and services at our sole discretion and reserve the right to refuse service to you or anyone else without assigning any reason at any time.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any of our products or all or any part of our service.

 

We reserve the right to modify, discontinue our products and/or service or any part of including description, design, pricing at our sole discretion at any time without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products and services.

 

Prices of our products and services are subject to change without notice.

 

We are not responsible for delays as a result of products which are out of stock, unavailable, back ordered or for any other reason. You shall agree upon the manner and terms and conditions of delivery, payment, insurance, etc.

 

Our products and/or services are subject to cancellation, return, refund or exchange only according to our Return Policy.

 

We have taken effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that photographs or computer monitor/ mobile phone or other displays of any colour, size and shape will be accurate.

 

While we have made every effort to provide accurate information, we are not responsible if information made available on this site is not accurate, complete or current. Despite our best efforts to provide accurate information, there may be, occasionally, information on our website or channels that contain errors, typographical mistakes, inaccuracies or omissions that may relate to product and service descriptions, pricing, offers and promotions, product shipping charges, transit times and availability. We reserve the right to correct any errors, mistakes, inaccuracies or omissions; change and update information; modify or cancel orders if any information on our website and/or channels and on any related website and/or channels is inaccurate at any time without prior notice (including after you have placed your order). Except as required by law, we undertake no obligation to update, amend or clarify information regarding our products and service on our website and/or channels and any related website and/or channels, including without limitation, pricing information.

 

It is possible that we may offer certain content, materials, products and services from third-parties (not affiliated with us) and links to their websites or other channels none of which we either monitor or control. We do not assume responsibility or any liability for either the content, accuracy of such third-party websites and channels or the quality of their materials, products or services. We are not liable for any loss, harm or damages related to the purchase or use of content, materials, products or services made either directly with us or such third-party websites.  You acknowledge and agree that we make these available on an ‘as is’ and ‘as available’ basis without any warranties, representations of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party products. You are advised to carefully review the materials, products, services, policies, terms and conditions before you engage in any transaction with them. Any query, complaint, claim or concern should be directed to the third-party.

 

Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Website/ and or platforms in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased products with you, we shall not be held liable for any failure to send such notifications or reminders to you.

 

The Firm may disclose or transfer the personal and other information provided by Users to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of the firm. Any third party to which the firm transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to the firm.

Our website is currently hosted on Wix.com which provides us with the online e-commerce platform to sell our products and services to you. We may change our website hosts at any time without prior notice to you.

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USER CONDUCT

Your access is explicitly personal, non-transferable, limited and non-exclusive and subject to these Terms of Service and the Privacy Policy.

You are responsible and liable for anything you share with us. Other than your personally identifiable information which we have covered in our Privacy Policy, any feedback, testimonials, comments, suggestions, materials or information that you share through our website or make available any other way will be considered to be non-confidential and non-proprietary. We are under no obligation to respond to any such matter you send us.

 

When you submit your feedback, testimonials, comments, suggestions, materials or any other information, you certify that you are providing it to us accurately, truthfully and gratefully of your own free will without any influence, persuasion or coercion from us.

 

Should we reproduce and/or adapt such feedback, testimonials, comments, suggestions, material or information for any purpose as we deem appropriate, we are under no obligation to acknowledge your contribution in any way or pay you and/or any other person(s) for their use. We will also have exclusive, unrestricted ownership of all current and future rights for anything that we produce which includes the feedback, testimonials, comments, suggestions, material or information you send to us and also any photographs, videos either sent by you or taken by us. We may, at our sole discretion, choose to publish any such feedback, testimonials, comments, suggestions, photographs, videos, material or information you send to us of our products and services along with your name and/or location and/or photograph on any platform or media. For reasons such as brevity, we may, at our sole discretion, edit or modify testimonials and comments and publish only such edited or paraphrased versions.

You agree that you will not post anything that could be deemed inappropriate, harmful or offensive by us. Such posts include material that, in our sole determination, is blasphemous, harassing, hateful, profane, vulgar, lewd or goes against our vision, who we are, what we do, what we believe and also applicable laws. You agree to do nothing that might affect or disrupt the services and/or performance of any of our website, channels and platforms; the flow of data to and from our website, channels and platforms; or circumvent any of the controls or usage rules that we may have implemented; or impact us in any way which is inappropriate, unlawful, fraudulent or harmful. You agree not to impersonate someone else to hide your identity or implicate another in such actions.

 

The service and all materials herein or transferred hereby, including, without limitation, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of The Potter’s Touch. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

You agree that you will not use our products and services for any illegal or unauthorized purpose; you will not infringe upon or violate our intellectual property rights, you will not upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our service, website, platforms, channels or of any related websites;  that you will not spam, phish, pharm, pretext, spider crawl, or scrape our website, platforms and channels; not to interfere with or circumvent the security measures of our website, platforms and channels; and that you will not track and/or collect personal information of others through our website, platforms and channels. You agree that the consequence of any such actions you take may include revocation of your right to access our services including our website, channels and platforms; blocking your ability to submit content to us; and taking legal remedies against you.

 

You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please notify us at any time. Do refer to the Privacy Policy for more details.

 

USER RISK

You agree that you assume all risks when using our website/channels/platforms and you agree to take all necessary precautions to protect yourself against such risks. We are not liable or responsible for any activities you engage in with any person(s) you find and/or who find you through or on the website/channels/platforms/physical locations and we expressly waive any and all warranties of safety and responsibility for your conduct and interactions.

 

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove our website, platforms and channels and products and service for indefinite periods of time or cancel these altogether at any time, without notice to you.

 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.

You expressly agree that your use of, or inability to use, our products and service is at your sole risk. Our service, and all products and services delivered to you (except as expressly stated by us) are provided on 'as is' and 'as available' basis for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Potter’s Touch, its proprietor(s), partners, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages,  arising from your use of any of our products and  service, or for any other claim related in any way to your use of our product and services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of  our products, any content posted, transmitted, or otherwise made available via our website or other channels, even if advised of their possibility. If any state or jurisdiction do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use our products and service.

 

To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service and products; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

You shall at all times indemnify and hold us including our proprietor(s), partners, management, employees, members, agents, successors, and assigns, harmless from and against any and all claims, damages, losses, costs, liabilities and expenses, including legal fees, arising out of or caused by a breach by you of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party or any representation, warranty or agreement made by you and/or any use or reliance on the content and/or any product or service, any other property owned by us, or otherwise arising out of or in any way related to your use of our website, our channels or platforms or physical locations.

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SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

This Terms of Service is effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products and services or any part thereof.

 

PRIVACY POLICY

Our Privacy Policy may change from time to time and is a part of this Terms of Service.

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Further, no waiver by us of any breach of any agreement, obligation, promise, and/or other part of these Terms of Service shall be deemed a waiver of any preceding, continuing or succeeding breach of the same, or any other item. These Terms of Service and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between you and us and govern your use of our service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

INTERPRETATION

Any headings, subheadings, titles, subtitles to clauses, sub-clauses, bullet points, and paragraphs in this Terms of Service or the Privacy Policy are for informational purposes only and shall not form part of their operative provisions and shall be ignored in construing the same. Words denoting the singular shall include the plural as appropriate.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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GOVERNING LAW

By visiting our website, channels, platforms, physical locations or premises you agree that the laws of India, under the exclusive jurisdiction of the courts at Ernakulam, Kerala, will govern these Terms of Service (and any separate policies and agreements whereby we provide you our products and services) and any dispute of any sort that might arise between you and us.

 

CONTACT INFORMATION

For any queries or complaints, please write to our Grievance Officer at thepotterstouch@outlook.com.

This Terms of Service is applicable with effect from 29/06/2022.

Ver 1.1 T&C 29/6/2022