Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services of EmbDesignTube, you agree that you have read, understood, and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you," "User" shall mean the end user accessing the Website, its contents, and using the Services offered through the Website. "Service Providers" mean independent third-party service providers, and "we," "us," and "our" shall mean EmbDesignTube.com https://EmbDesignTube.com/, its franchisor, sellers, and partners.
EmbDesignTube.com website ("Website") is an Internet-based content and e-commerce portal operated by EmbDesignTube.com, a company incorporated under the laws of India. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions, and notices contained in these Terms, as may be posted on the Website from time to time. EmbDesignTube.com, at its sole discretion, reserves the right not to accept a User from registering on the Website without assigning any reason thereof. You can find more information on the About us page.
Embroidery Design Bulk Download Pack Terms & Condition:
- The condition of This term is valid only for the embroidery design bulk download pack ( https://embdesigntube.com/freedom-packages ) category.
- No modification in any design/designs/folder will be given – You can use our service to modify at the nominal rate.
- After payment confirmation for the specified folder, you will get your requested folder within 2-48 hours maximum.
- The offer is valid only if the customer buys/purchases an entire design/designs/folder. If the customer wants a single design from the folder, he/she needs to pay the entire folder rate or contact our customer care executive to know the available best option.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process either as a seller or as a customer. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EmbDesignTube.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit/log out from your account at the end of each session. EmbDesignTube.com cannot and will not be liable for any loss or damage arising from your failure to comply with it.
EmbDesignTube.com provides several Internet-based services through the Web Site (all such services, Online Design sharing, the "Service"). One such service enables users to purchase Digital Products such as Embroidery Designs, Embroidery Designs Consulting services, and Embroidery Designs Share. Upon placing an order and making the payment, EmbDesignTube.com shall display an Instant Download Link for the Purchased product by the Customer, and They can Download 20 times each Purchased Product from their account with us as per our not-refundable Terms. The refund will be issued in a certain condition as per our cancellation & return policy
(a)As a verified seller from EmbDesignTube, you are agreeing to upload and send us the product that is not having any legal issues. EmbDesignTube reserves the right to terminate any seller account or the products submitted by the seller at any time if it is against any law or we get a spam/abuse report for the product uploaded by the seller. If you find any abuse/copyrighted material on our website, you may contact us for removal. We will fully cooperate with you for content removal.
(b)Seller will need to upload their product with all necessary details as specified on the seller guidelines page. This will help you to attract more customers to buy your product. However, EmbDesignTube.com has the full right to change/remove/edit any description submitted by the seller that seems to violate DMCA rules & regulations/copyrighted material. By submitting products from seller accounts, the seller agrees that it will become the property of EmbDesignTube as soon as it is approved by the admin.
(c)The MRP set by you is just for our reference purpose. We have full rights to change/edit/modify the MRP of the product submitted by the seller to bring more sales.
(d) EmbDesignTube.com has the right to set the commission of each seller manually and changeable from time to time. By Default, We are setting a 60:40 commission. E.g., 60% of the amount will be paid to the seller by us, and we will keep a 40% amount as administration fees & our service charges. If your product is going viral and getting more purchases, we will increase your commission according to your relationship with us.
(e) Make sure your uploaded zip file as the product is not password protected. It's against our seller's TOS.
(f) Seller is responsible for all issues raised from the products uploaded by them. The issue may be any legal, consumer, or complaint.
(g) The seller should upload the compressed file with exact images as they are compressed in the zip file. So overall, the product should be as same as shown in the image.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software, or designs obtained from the Website. Limited reproduction and copying of the content of the Website are permitted provided that EmbDesignTube’s name is stated as the source and prior written permission of EmbDesignTube.com is sought. 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.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
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;
- Conduct or forward surveys, contests, pyramid schemes, or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may apply for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India, and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not make any derogatory, defamatory, abusive, inappropriate, profane, or indecent statement/s and/or comment/s about EmbDesignTube.com, its associates, and partners on any property owned by EmbDesignTube.com
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content that you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by EmbDesignTube.com.
Exactness Not Guaranteed:
EmbDesignTube.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the Full Set of files, size, stitch effect, color Matching, etc. may be required due to limitations caused by availability or the Current trend of product difference in the size of the respective Product Creator (Designer), etc. In this instance, you agree that a representative from EmbDesignTube.com will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 7 days of it being sent to you. EmbDesignTube.com may re-request that you accept a production alteration one additional time if an alternative method to send your product is available. If you reject this 2nd request your order will be canceled, and you will be fully refunded via your initial method of payment according to our Cancellation & return policy.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, EmbDesignTube.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, Creating Method or style, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the Website belonging to EmbDesignTube.com without obtaining authorization from https://EmbDesignTube.com/
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video, or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third-party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Links To Third Party Sites:
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of https://EmbDesignTube.com/ or the Website and https://EmbDesignTube.com/ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EmbDesignTube.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. EmbDesignTube.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EmbDesignTube.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer Of Warranties/Limitation Of Liability:
EmbDesignTube.com has endeavored to ensure that all the information on the Website is correct, but EmbDesignTube.com neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, or information, product, or Service. In no event shall EmbDesignTube.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall EmbDesignTube.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, Disconnect Internet during Download purchased Product, or for any information, software, products, services, and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, EmbDesignTube.com shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond EmbDesignTube.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their 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 and/or data.
You agree to indemnify, defend and hold harmless EmbDesignTube.com from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by EmbDesignTube.com that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees(INR); however, we sometimes show the price in USD or EURO for our international customers. Prices, products, and Services may change at EmbDesignTube.com's discretion. You can check the international currency conversation rate before purchasing on the payment page.
Title and risk of loss for all products ordered by you shall pass on to you upon EmbDesignTube.com's shipment to the shipping carrier. Sometimes for shippable products, in bill amount, there will be only MRP, which is excluded from shipping charges. Shipping charges must be paid by the user if your one order is less than 2000 INR amount.
Right now we don't offer any shipping products. We only sell embroidery designs as downloadable products.
EmbDesignTube.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms. If you or EmbDesignTube.com terminates your use of the Website or any Service, EmbDesignTube.com may delete any content or other materials relating to your use of the Service and EmbDesignTube.com will have no liability to you or any third party for doing so.
You shall be liable to pay for any service or product that you have already ordered until the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Gujarat, India.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent, or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. EmbDesignTube.com does not review the contents in any way before they appear on the Website. EmbDesignTube.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report it to care@EmbDesignTube.com .or you may directly contact us.
Unauthorized Charges on your card
If you see charges on your credit/debit card for purchases made on EmbDesignTube.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable EmbDesignTube to begin an investigation.
Cancellation of Fraudulent Orders
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, EmbDesignTube.com reserves the right to cancel all past, pending, and future orders without any liability. EmbDesignTube.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in the pricing of products on the website and Designs unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the canceled orders may not be refunded. Cancellation will proceed as per our cancellation policy.
What we do about mispricings
Despite our best efforts, a small number of the many hundreds of items in our catalog are mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
Terms For Promotions/Contests/Offers/Campaigns
General Terms for Offers and Promotions
Discounts will be applied to the total merchandise value, including VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, a combination of the two, and in the case of COD, a Bank Transfer).
Promotional discount coupons:
We may from time to time offer promotional discount coupons which may apply in respect of any or certain specified, purchases made through this Website.
EmbDesignTube.com shall introduce various offers, schemes, or contests at different times. The terms and conditions for such a Contest shall be separately available on the Site.
EmbDesignTube.com reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in the market from time to time. EmbDesignTube.com, at its discretion, can withdraw a particular scheme from the website or market.
In case of any query pertaining to the use of coupons and/or credit notes or regarding the schemes, please email customer care at care@EmbDesignTube.com.
While participating in any EmbDesignTube.com contest, you hereby agree to release and hold EmbDesignTube.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said Contest.
EmbDesignTube reserves the right to cancel any orders placed using promotional vouchers. Some situations where your order may be canceled include, without limitation, misuse of any promotional vouchers, unauthorized usage of vouchers, or inaccuracies of voucher pricing and value thresholds. The voucher amount will not be refunded for such cases.
Suitable legal action will be taken against websites involved in the unauthorized publication of EmbDesignTube vouchers. EmbDesignTube.com will only honor vouchers that are issued or published directly by us or our partner websites.
Registration Coupon Rules:
Coupons can only be used to buy full-priced (non-discounted) products.
Coupons can not be clubbed with any other offer.
For a single transaction, only one coupon can be used.
The coupon is valid for 30 days from registration. However, we may extend the validity of coupons from time to time.
Prizes are non-transferable, and no cash payment instead of the same will be made.
All matters of disputes will be subject to the final decision of EmbDesignTube.com
In the case of multiple products in your order, refund vouchers will not be applicable in the cart. However, all other coupons will be applicable.
Sale/discounts apply to selected Designs only. Although there are many brands on SALE, there might be some exclusion. Due to technical issues, typographical errors, or information received from our suppliers and service providers, prices of the products shown on the Site may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
Promotional offers and discounts may be combined only at the discretion of EmbDesignTube.com.
All offers are non-transferable and have no cash value.
EmbDesignTube.com reserves the right to extend or terminate the offers/sale without further information at any point in time.
EmbDesignTube.com reserves the right, at any time, to amend/add/remove/modify (in whole or part) any of the terms & conditions, or to replace, wholly or in part, this promotion with another promotion, whether similar to this promotion or not, or to withdraw it all together and EmbDesignTube.com’s decision in this regard shall be final and requires no intimation to the customer of any sort.
All refunds will be in the form of vouchers only.
In case of any further queries about the use of coupons and/or credit notes or regarding the sale/offers, please email customer care at care@EmbDesignTube.com
Wallet or store credit
EMBWallet, E-Wallet, and Store Credit is the same feature, and we simply say it is a wallet. Whenever you add anything to your Wallet, you can use this credit to make a purchase of any product from our website. Whenever any product is purchased made by you, you can find all payment history and current available balance from this link https://EmbDesignTube.com/e-wallet You can not get the wallet balance as a refund. Still, you can use your wallet balance only to purchase from our website.
Affiliate Terms & Condition
By applying to an affiliate program at EmbDesignTube.com, you agree to all of the terms & conditions for an affiliate listed below.
- All affiliates must have account with proper and accurate details like name, address, phone number, payment details etc. If any of affiliate found with fake details or improper details, we will remove account without prior notice.
- When any customer makes a purchase using your affiliate link, your commission will be visible in your affiliate account and it will be settled in your EMB Wallet with details like date, detailed description, Amount in INR (Indian Rupee)
- You will only earn a commission when any customer makes a purchase using your affiliate links.
- You can get paid only Via PayPal as of now, we will let you know when any other payment methods are available.
- You can use your earned commission to buy designs from our website or get money in your PayPal account.
- Right now our affiliate commission rate is 20%, which means; that for every purchase made through your affiliate link, you are getting a 20% commission from the totaling amount customer has paid.
- The current payment is set to a net 30 days period & it takes up to 5 days to settle commission to your payment account. (Make sure you enter your correct PayPal account details)
- Refund orders: We provide only downloadable embroidery designs, if any customers have applied for a refund, the commission will be adjusted according to the credit/debit balance from your account if the customer came through your link.
- Account Removal: We may time to time check our accounts and promote active affiliates. However, if you are not able to generate any referral commission within 1 year from the signup date, we will be removing your account. Of course, you can reapply for an affiliate when you are ready.
We may time to time modify or update the policy for an affiliate; we may notify you via email in case.