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.
This document is published in accordance with the provisions
of Rule 3 (1) of the Information Technology (Intermediaries guidelines)
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.
The use of this software by you is solely governed by
have read and agreed to all of the policies so binding on you and you are
contracting with Indian Model Makers for legally
binding obligations with Indian Model Makers.
"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.
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.
also includes Marks, and generally all information that is displayed to
the user on the website.
means trademark, trade name, service mark, trade dress, logo, custom
graphics or icon.
means an individual who has registered with the Site. Members choose a
Member ID and a password.
ID" means the email address you use (with your password) to login to
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.
means www.indianmodelmakers.com, its respective sub-sites, together with the
respective Content, Marks, Products and Services available from these
sites and sub-sites.
You will be subject to the rules, guidelines, policies, terms, and
conditions applicable to any service that is provided by this software, and
permission from You or informing You. The relationship creates on You a duty to
periodically check the terms and stay updated on its requirements. If You
continue to use the website following such a change, this is deemed as consent
by You to the so amended policies. As long as You comply with these Terms of
Use, We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use the website.
be amended from time to time.
We are manufacturers and suppliers of aero
models, established in the year 1980. Our businessdeals 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.
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
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
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.
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
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
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.
this website, it is deemed that you have consented to receiving calls,
autodialed and/or pre-recorded messages calls, automated promotional emails,
etc., from Us at any time with the use of the telephone or email address that
has been provided by you for the use of this website which are subject to the
through other parties.The use of this
website is also your consent to receive SMSs from US at any time we deem
fit.This consent to be contacted is for
purposes that include but are not limited to marketing and promotional emails
and clarification calls.
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.
The sharing of the information provided by you will be
information of yours to third parties not connected with the Website.
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.
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.
displayed on the Website, include GST 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.
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.
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.
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.
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 4428440502 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
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
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.
The content that you post will become Our property and
You hereby grant Us the worldwide, perpetual and transferable rights in such
in accordance with applicable law, use the Content or any of its elements for
any type of use forever, including but not limited to promotional and
advertising purposes and in any media whether now known or hereafter devised,
including the creation of derivative works that may include the Content You
provide and are not entitled to any payment or other compensation for such use.
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
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.
k)Use the Website or any material or Content for any purpose
performance of any illegal activity or other activity which infringes the
rights of this website or other third parties;
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;
any applicable Additional Terms of the Website contained herein or elsewhere;
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
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
We have no obligation, to monitor the materials posted
on the Website. We shall have the right to remove or edit any content that in
its sole discretion violates, or is alleged to violate, any applicable law or
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE
WEBSITE. In no event shall We assume or have any responsibility or liability
for any Content posted or for any claims, damages or losses resulting from use
of Content and/or appearance of Content on the Website. You hereby represent
and warrant that You have all necessary rights in and to all Content which You
provide and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any
libellous, tortuous, or otherwise unlawful information.
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.
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
YOU AGREE TO
INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO
ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING
LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE
THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR
MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY
REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE
HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF,
OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL
VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
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.
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.
15.Viruses 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
16.Disputes and Jurisdiction
If 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