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Terms and Conditions

The following shows the terms and conditions of India’s Best Design Studio Awards initiated and deployed by INDI Design Pvt. Ltd. Pune India.

1. Recitals

Where hereinafter IBDSA is referred to, it relates to India’s Best Design Studio Awards and INDI Design Pvt. Ltd. as well as to the contracts and services offered by them. These General Terms and Conditions shall apply to any and all legal relations between IBDSA and the customer/user/contracting party (hereinafter referred to as „Contracting Party“) unless more specific provisions exist in the individual types of contracts and the conditions of participation set out therein. Where more specific provisions exist, they shall take precedence over the present General Terms and Conditions. A contract shall be concluded only between the contracting party and the respective IBDSA company whose service is being purchased. A contracting party may be any natural person or legal entity intending to enter into a contractual or any other business relationship with IBDSA or to make use of IBDSA services.

2. Scope of Application/Responsibilities of the Contracting Party

Exclusively the present General Terms and Conditions shall apply between IBDSA and the contracting party. Any counter confirmations by the contracting party with reference to its own terms and conditions are hereby expressly disclaimed. Any deviations from these Terms and Conditions shall only be effective if confirmed in writing by IBDSA. Each contracting party agrees to the worldwide, perpetual, unlimited use and publication by IBDSA of the images, information, and data provided as part of such contracting party’s participation. In the event of winning an award, each award winner agrees to digital or print publication. IBDSA shall not be obligated to mention the author of contributions or photos by name. Should authors nevertheless assert claims against IBDSA, the award winner shall release and hold harmless IBDSA from and against any such claims. Each contracting party warrants and represents to be entitled to grant the rights to use the data provided by such contracting party. Each contracting party warrants and represents to hold any and all rights in the contents of its own website(s) or otherwise to be able to freely dispose thereof. In particular, the contracting party warrants and represents that (a) any contents and materials made available on its website(s) were free of errors at the time of publication, and that (b) the use of such contents and materials does not infringe any applicable conditions of IBDSA and does not harm any persons or companies (including the warranty and representation that contents or materials are not defamatory). The contracting party shall release and hold harmless IBDSA from and against any and all third-party claims made against IBDSA arising from or in connection with contents or materials made available by the contracting party on its website(s). Any liability arising from IBDSA’s failure to duly remove any such contents as soon as IBDSA has been advised of its unlawfulness shall be excepted. General Terms and Conditions Upon presentation of a final judgment or a court order, IBDSA shall be entitled to exclude contributions from the competition that infringe any third-party industrial property rights (e.g., due to plagiarism, piracy, counterfeiting) at any stage of a competition and/or to withdraw publications. In addition, awards given out for any such contributions may be revoked retroactively.

3. Conclusion of a Contract/Right to Withdraw/ Right of Cancellation/Renewal Clause

By completing Registration form at www.indiasbestdesignstudio.com user agrees to receive mails from India’s Best Design Studio henceforth. Registrations or other declarations aimed at entering into a contract with IBDSA may exclusively be made on the IBDSA website. A contract with IBDSA shall be concluded as soon as IBDSA has acknowledged the order online, e.g., by email, or in writing or by performance. A contracting party may cancel its registration in writing without giving reasons within 14 days from submitting the registration. IBDSA by way of exception IBDSA grants the contracting party a withdrawal in part or in whole after the withdrawal period, the contracting party is to pay a compensation fee (lump sum damages) to IBDSA. If the contracting party is able to prove that as a result of its withdrawal IBDSA has not suffered any loss or only a loss that is substantially less than such lump sum payment, the compensation fee payable by the contracting party shall be reduced accordingly. The amount of the lump sum damages payment shall be governed by – the date on which IBDSA has received notification from the contracting party that it wishes to cancel its entry; – the fees that would have been payable. The following shall apply to events and competitions organized by IBDSA: IBDSA shall be entitled to refrain from holding an event at its sole discretion, if such event’s viability seems to be uncertain. Mutual obligations of IBDSA and the contracting party shall expire at the time of the cancelation; no claims for refunds or damages shall derive from any such cancelation. IBDSA shall be entitled to change the contents of the event or to postpone, reduce, temporarily or close or cancel it for good cause (e.g., force majeure) in part or in whole. There shall be no reduction of the agreed fees. In the event of an adjournment in whole or a reduced duration, the contract shall be deemed concluded for the modified duration, unless the participant terminates the contract in writing within a period of 2 weeks from the notification of such change.

4. Terms of Payment

As a general rule, a fee shall be charged for the participation in a competition, an event, or exhibition organized by IBDSA. The charges payable by the contracting party to IBDSA shall arise from the list of charges as may be amended from time to time and/or from the IBDSA invoice to the contracting party. Eligibility or entitlement to provision of services by IBDSA or an entitlement to the use of granted rights shall exist only after the payment of the invoice within the due date. All fees shall be subject to VAT where applicable, payable at the prevailing rate. Such cost must be paid without deduction to the account specified on the invoice by bank transfer, check, or credit card within 14 days following the issuance of the invoice. A payment shall be considered effected only once IBDSA can dispose of the amount paid by the contracting party.

5. Exclusion of Liability

IBDSA shall be liable to the contracting party only if the contracting party asserts a claim for damages based on intent or gross negligence, including intent or gross negligence by IBDSA, their representatives, or agents. Where IBDSA is not deliberately in breach of contract or if IBDSA is in breach of a material contractual obligation, its liability to pay damages shall be limited to typical, foreseeable losses. This exclusion of liability shall not apply in the event of injury to life, limb or health. IBDSA shall not be liable for breaches of third-party rights by entries submitted or already awarded a prize and shall not guarantee that entries submitted do not infringe any third-party rights. Should it prove in retrospect that an entry submitted or an awarded prize infringes third-party rights, IBDSA reserves the right to revoke such awards. The foregoing liability provisions shall apply accordingly to all services provided by IBDSA in connection with the participation of the contracting party.

6. Competitor Claims, Written Form, Period of Limitation

All claims of the contracting party against IBDSA are to be submitted in writing. They shall expire within 12 months, beginning with the end of the year in which they were established.

7. Legal Venue/Governing Law

Legal venue for any and all disputes between IBDSA and its contracting party shall be Pune, India, in particular for disputes arising from contracts already concluded. However, IBDSA reserves the right to seek compensation before the court of the domicile of the contracting party or of its place of business. The contract shall be governed exclusively by and construed in accordance with the laws of India. This shall apply even if the participant or contracting party has its place of business abroad.

8. Right of Set-off and Right of Retention

An IBDSA contracting party shall be entitled to claim a right of off-set or a right of retention only if the asserted counterclaim is due and uncontested or has been determined as legally valid.

9. Final Provisions

Any agreements deviating from these Terms and Conditions must be made in writing to be effective. This shall also apply to the waiver of this clause governing the use of the written form. Should individual provisions of the foregoing conditions be or become invalid, the validity of the remaining provisions hereof shall remain unaffected.

About

Initiated by POOL Magazine in 2015, "India’s Best Design Studio Awards" are the first to recognize Design Studios for their professional work, business practices and transparency. INDI Design started publishing POOL Magazine in 2010 with the mission of bringing Indian talent in Design, Innovation, and Art into the limelight. The digital avatar of this monthly print magazine is available for annual subscription at www.indipool.com

Contact

ibdsa@poolmagazine.in
+91 20 6940 1433