Terms & Conditions
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The website indianmodelmakers.com, its web applications and related services, is the property of Indian Model Makers, with its Office at B-2, 127/1, Basement Floor, Gem Wellington, New No. 127, Old Airport Road, Land Mark: next To HP Petrol Bunk, Bangalore - 560017, Karnataka, India.
- "You" or "User" shall mean any natural or legal person who has agreed to become a member on the Website by providing registration data while registering on the Website, or places an order through the website.
- "We", "Us", "Our" means Indian Model Makers.
- "Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
- "Content" also includes Marks, and generally all information that is displayed to the user on the website.
- "Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.
- "Member" means an individual who has registered with the Site. Members choose a Member ID and a password.
- "Member ID" means the email address you use (with your password) to login to our Site.
- "Recruiter / Vendors" means licensors, suppliers, information providers, Companies, firms, natural and juristic persons, and other vendors operating through the website, obtaining information through the website or otherwise related to the entity owning indianmodelmakers portal.
- The terms Site, Marks, Content and Services do not include the sites, marks, content, or services that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.
- "Site" means www.indianmodelmakers.com, its respective sub-sites, together with the respective Content, Marks, Products and Services available from these sites and sub-sites.
2. About US
We are manufacturers and suppliers of aero models, established in the year 1980. Our business deals with selling of science kits, aero models, telescope, RC models, prototype models, educational items, , RC aero modelling teaching, microscopes, scale models, school projects and Arichtectural, landscape models, among other things. Apart from models we are also dealers of Nikon, Celestron and other brands of binoculars.
We carry out educational aero-modelling programmes for schools and colleges and also undertake classes for teaching interested candidates on remote control model flying.
After a ten year agreement with the ISRO, Bangalore, where we ran our business inside the ISRO premises from 2003 to 2013, we have set up our own retail outlet to cater to the true enthusiasts of this ever growing field.
The membership of this website is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which inter alia include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the website, you may do so through your legal guardian and we reserve the right to terminate your account on knowledge of You being a minor and using the membership of the site.
As a designated user, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or We have reasons to believe so, We hold the right to permanently suspend your account.
4. Description, Specifications and Purchasing of Goods and Services
4.1 Marketing information provided by us: Any sales and marketing information provided by Us, including but not limited to, sales and marketing literature, catalogues, price lists, documents, etc., shall not constitute a contractual Offer capable of Acceptance and would merely exist to be an Invitation to Offer.
4.2 Placing an order with us: Your act of placing an order (hereinafter your “Order”) for any goods or services provided by the Website shall be deemed to constitute a contractual Offer that may be accepted or rejected, by the Website, at its discretion. In the event We chose to accept such Order, We shall revert to You with an e-mail confirming the purchase and receipt for the purchase and such act shall conclude a legally binding contract between You and Us for the delivery of the goods or services ordered.
4.3 Cancellation of orders by you: You may not cancel your Order for the goods or services within ordered through Us. No demands for refund shall be entertained if the request arises from the following:
(i) Product is NOT damaged during Transit;
(ii) Damaged by the Customer after opening the Package;
(iii) The Customer did NOT like the product after paying the amount or completing the transaction;
(iv) The Customer has changed their interest and wish to cancel the purchase after completing the transaction by paying the full amount.
4.3.1 In the event of stock not available due to other customers placing the order on same product at the same time or for other reasons, the customers are required to wait for 02 to 05 working days after completing the Order. IMM will procure the required product and quantity as per order details
4.3.2 In the event of product supplier has failed to fulfill our request to supply with required product as per customer order, IMM will refund only the product price + VAT and will NOT refund the bank transfer charges. For this purpose customers are required to share their bank account details by writing to firstname.lastname@example.org with their order number and telephone number
4.4 Cancellation of orders by us: However, We reserve the right to cancel your Order, even after Acceptance of the same if We find Ourselves in circumstances wherein:
a) the good or service goes out-of stock and We are unable to re-stock the same within Fourteen business days;
b) an event, force majeure, occurs, making impossible the delivery of the ordered goods or services and putting the same out of the scope of our reasonable control; such events may include but not be limited to power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, floods, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or any other natural disaster or any other event that is beyond our control.
4.5 Illustrations and Descriptions on our site: The Website shall take reasonable efforts to ensure that the goods and services provided conform and match the illustrations and descriptions provided in the sales and marketing literature like catalogues and price lists available on the Website. The Website, however, does not guarantee that all such illustrations and descriptions shall be accurate reflections of the product due to unwarranted differences in the colour reproduction of electronic displays.
If the Website finds, or is made aware of, any typographical, clerical or other accidental errors or omissions occurring in the sales and marketing literature like catalogues and price lists, the Website shall make every reasonable effort to rectify the same, to the extent that the existence of such errors or omissions is within the control of the Website, as soon as is reasonably possible.
However, We reserve the right to make any changes to the specifications of the goods and services, without prior notice, provided that such action is essential to conform to any applicable safety or other legal regulations and requirements that govern such transactions.
You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
You hereby agree and undertake to indemnify us, recruiters, our vendors and affiliates, against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us, recruiters, our vendors and affiliates, with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
6. Charges and Prices
6.1 Membership charges: The membership of this website is free of cost but this includes only the browsing of the site, accessing the sale and marketing literature and any other deemed free service.
6.2 Prices Displayed and Changes in the Price: The price of the goods and services (hereinafter the “Price”) that you order from Us (not free) shall be displayed on the Website as per the prices in force at that point of time. We shall undertake every reasonable effort to ensure that these prices are correct but the same may not be the case in all situations. In the event, we find upon processing your Order, that the Price of the same has changed, We shall contact You to find out how You may wish to proceed with the Order. However, if your Order has already been accepted, such price changes shall not affect your transaction with Us.
All Prices, displayed on the Website, include VAT and wherever applicable. If there occurs any change in the above during the difference of time between the date You place your Order and the date You make the payment, the same shall be incorporated in your transaction with Us. Such changes shall not affect your Order if You have already made payment for the same.
However, Our Prices, as mentioned on the Website, are exclusive of delivery costs. The same shall be added to the final amount owed by You to Us as a result of your Order. The Company reserves the right to modify delivery costs anytime it may deem fit and charge You for the same any time before You make payment for your Order.
Further, if you place an order to any location other than in the states of Karnataka, Tamil Nadu, Kerala and Andhra Pradesh, you would be liable to pay, apart from the delivery charges, any and all charges / fees / dues payable by your respective state government for the entry of such order into your State.
You shall make full payment of the amount due of goods and services You order before We dispatch them for delivery. You shall make this payment via the payment portal available on Our Website and the options provided by it.
7. Shipment, Delivery and Return of Goods
7.1 Shipment of goods: We do not ship items on Sunday, as such; all items bought on Saturday will only be shipped on Monday of the subsequent week.
Although the standard time for shipping an order is within 48 hours, this may vary due to various factors like the distance and the type of goods involved.
You cannot make any changes in the order once it has been shipped. It is requested that once you place an order with us, you contact our Customer Service desk at 0091 8025210448 as soon as possible to make any changes either the Address, your name, or removal of the Invoice from the packaging for gift packages. No changes in the order will be entertained after the order has been shipped.
7.2 Estimated Delivery Date and Date of Delivery: Our Letter of Acceptance of your Order shall contain, within it, an estimated Date of Delivery and We shall try to ensure that the goods and services you intended to purchase through your Order shall be delivered to the address You specified, while making the same, by or on the estimated Date of Delivery. However, deviations from this estimated Date of Delivery may occur due to various reasons that may include, but not be limited to, availability of goods or services, your location and circumstances beyond Our control.
7.3 Delivery of the Goods: The delivery of the ordered goods of services shall be deemed to have taken place when the ordered goods or services have been brought to the address specified by You for the purpose of the same. The risk of the goods or services remains with Us until they have been delivered to You. Hence, goods or services lost in-transit or after they have been dispatched and before they reach You shall be the responsibility of the Website to indemnify and the same shall be re-dispatched to You.
7.3.1 If the goods returned to Indian Model Makers for below reasons, the shipment will not be attempted to deliver them again to customer. The customer has to make again a new payment covering the shipment charges for re-delivery of the order.
(i) If the given shipping or delivery address by customer on their Order details is incorrect
(ii) No person available on the given address to collect the shipment
7.3.2 In case the goods are damaged during transit or faulty: The goods shipped out from our warehouse are all 100% damage free and tamper proof, but there could be times when the shipment is not in the same state as it left our doors. Indian Model Makers are NOT responsible for the damage and would not accept the goods as returns.
7.3.3 In case you receive the incorrect goods: In an event of incorrect item/goods received, please reach us immediately and we will send the right product and arrange for a pick-up of the wrong item delivered, along with a replacement of the same. Please ensure that the incorrect item delivered, is not tampered with and should be in the original state for smooth processing.
8. Guarantee on Goods and Extent of Our Liability
The goods or services shall sell under the Brand of Nikon and Celestron shall be provided with the manufacturer’s guarantee and warranty, wherever the same may be applicable. The customer is required to check with the manufacturer for the guarantee and warranty information before completing the order with Indian Model Makers. Indian Model Makers shall stand absolved of any responsibility of the goods or services after they have been delivered and shall not extend any further guarantee to the same.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork belonging to vendors (collectively, "Vendor Content"), is a third party user generated content and we have no control over such third party user generated.
This website is the sole and exclusive property of indianmodelmakers.com or its licensors and vendors. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website.
You are a restricted user of this website.
10.1 You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed for the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
10.2 You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Website. Further, You may report such offensive content.
10.3 In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
q) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
10.3 Disclosure of information to law enforcement and other government agencies: We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
11. Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, INDIAN MODEL MAKERS MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. INDIAN MODEL MAKERS ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. INDIAN MODEL MAKERS ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
12. Indemnification and Limitation of Liability
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
The website hosts information provided by third parties that is intended for informational purposes only. We are in no way responsible to you for the accuracy and legitimacy of the information so hosted. We take reasonable care to ensure such accuracy but, you agree to not hold us liable for the falsification of any such provided information. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice or other content available through the website or obtained from a linked site.
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
We make reasonable attempts to clear the website of viruses and worms, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any information from the Site. We accept no responsibility for any damages to computer equipment or other property which may result from use of the website or downloading anything from the website.
16. Disputes and JurisdictionIf any dispute arises between you and Indian Model Makers 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 appointed by us. The place of arbitration shall be Bangalore. The arbitration proceedings shall be in the English language and the costs of the proceedings shall be borne by the parties equally
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