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This Buyer License Agreement (here in after referred to as “Agreement”) made and entered into today, BETWEEN us, M/s. Ready Pattern through its website (www.readypattern.com), application, a Proprietary concern (PAN: AYUPJ2628P, GST Registration No. 27AYUPJ2628P1ZK), hereinafter called and referred to as ‘THE LICENSOR’ (which expression shall, unless it be repugnant to the context or meaning thereof shall mean and include its Directors, successors and representatives, legal heirs, executors and permitted assigns till last survivor) of the ONE PART
Any Buyer, you on Ready Pattern for the Sales of Designs including graphics, patterns, artworks, mood boards, logo designs and other product; here in after called and referred to as ‘THE LICENSEE’ or 'CUSTOMER' or 'BUYER' (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include the Proprietor/Partners/Directors for the time being and subsequent Partners/Directors from time to time constituting the said firm, their survivor or survivors of them and the heirs, executors, assigns and administrators of such last survivor) of the OTHER PART.
It contains the terms and conditions that govern your access to and use of the Platform (as defined below) created by Licensor. “We”, “us”, “our” and “Licensor” means READY PATTERN. “You” and “your” means the Licensee. “Design Ads” means any advertisement for a design based on the soft copy, data, content or image, logo, graphics that is displayed through our Platform.
Please read the document carefully. Below given clauses shall be applicable once you click on the ‘I Agree to the Terms & Conditions’ button in the Ready Pattern Buyer Registration Online Process. This agreement is legal and binding between the Buyer & Ready Pattern & must be agreed upon before registering as a Buyer with Ready Pattern.
By registering FOR OR using the (Ready Pattern) Platform (“Platform”), YOU:
For the purpose of this Agreement:
Design: The soft copy of the files submitted by any seller on Ready Pattern in the form of artworks, graphics, prints, illustrations, JPEG files, representing a part or a complete sample of their actual representation which may be in the format of soft copies, PSD files, AI files or any other format or in the format of hard copies such as textile hangers or wall papers.
Seller: Any person or entity selling, leasing or allowing Ready Pattern to sell and distribute any kind of design on the platform of www.readypattern.com. All sellers may or may not be verified by Ready Pattern.
Elements: This refers to any part of the product design. Includes but is not limited to shapes, color concepts, moldboards, graphics, strokes, etc which form a part of a product design visible to naked eye.
Live: Designs that can be viewed world-wide by everyone either on the Ready Pattern platform or any other platform.
Social Media: Including Whatsapp, Instagram, Facebook, Youtube, Tumblr, Snapchat, Wechat, Skype, Linkedin, Google+ or any other platform categorized by Wikipedia as a Social Media Platform.
Working Days: All days of the week except Sunday & Indian public Holidays.
Property Rights: All copyrights, patents, database rights, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
Ready Pattern Agreement: The agreement binding to all buyers on Ready Pattern (i.e. www.readypattern.com domain name websites)
Selling Price: The price at which sellers have agreed to buy the designs. This price may differ from the price charged after adding payment gateway fees and other charges as deemed fit by Ready Pattern. The final amount charged to the buyer may be different from that conveyed to the seller. Discounts may be added or removed which is optional and at the convenience of Ready Pattern. Selling Prices may be geographically different and may change based on the IP address of each buyer. The Selling price may be in different currencies. The currencies available on Ready Pattern may change at any time. Currency exchange rates are at the convenience of Ready Pattern and may not be actual market figures.
Original: Implies the creation is that of the buyer, it is a unique self-made artwork and not influenced by any other persons creations directly or indirectly. All elements in the design are unique.
Exclusive Design: These designs can be sold only once to any person world-wide. Each of these designs sold are with copyrights and when sold to any customer, all the copyrights of those designs are transferred to the customer from the seller. The customer will have the sole license across the globe to reproduce those designs in any manner he/she may deem fit. Such designs once sold to the customer cannot be resold by any person except the customer. Seller provides the copyrights of each of these designs before uploading them on the platform.
Non-Exclusive Design: These designs are also called stock designs. These designs can be resold to different customers. Such designs may have been sold to others in the past and may be resold again to different persons in the future. Each customer buying such designs, may use such designs for production purpose only. Customers do not receive the copyrights to resell these designs to others. Customers can only use these designs for their in-house production. The customer cannot use these designs in digital and physical reproduction such as websites, e-books, apps, software, books, magazines, posters, banners, stage, studios, social media or any other platform. Designs can be used only for personal use or production / manufacture of Textile Goods. These designs cannot be resold in any format by the customer or buyer.
Person: A person is any Individual, Company, Partnership/ Proprietorship firm, LLP, Organization, Corporation, NGO or Government bodies, Association of persons living or dead.
Commercial Copyrights License: This is a license option purchased with a design allowing the customer to use the design purchased in commercial usage and non-commercial usage.
Non-Commercial Copyrights License: This is a license option purchased with a design allowing the customer to use the design for non-commercial usage only.
Commercial Usage: is any reproduction or purpose that is marketed, promoted, or sold and incorporated or capable of incorporating a financial transaction in the present, past or future. Examples include, but are not limited to, usage of any product purchased from Ready Pattern on merchandise, books for sale (including textbooks), apps that will be sold or have advertising, periodicals and journals with paid subscriptions, TV programs and commercial films, advertisements, websites that sell or share images for any purpose, cause-related marketing, products or items for sale, products or items for advertisement, promotion, reproduction, distribution, retail, wholesale, presentation for possible sale, samples for showcase involving any possible financial transaction in present, past or future. It also includes scenarios where parts of the product are used to develop other products which will involve a financial transaction in the present, past or future. This includes but is not limited to - re-using directly or indirectly modified elements or any part of the original design in creation of other designs, separating layers or parts of the design (visible and non-visible, but a part of the original design present in the form of multiple Adobe PSD, Corel Draw or Adobe Illustrator layers) for any activity involving or capable of involving in past or future, a financial transaction, Commercial usage does not include usage of designs on products that will finally be used in-house.
Non-Commercial usage: Use the design for digital and physical reproduction such as websites, e-books, apps, software, books, magazines, posters and packaging that is not for resale and cannot influence any product sale directly or indirectly. The supplied downloadable file is a hi-resolution flat JPG file. Non-commercial usage strictly does not allow printing the design on any fabric in any manner (example: not restricted to - rotary, digital, screen or block printing). Non-commercial usage allows the design to be used for marketing media provided the design is not being sold or promoted to be sold or promoted as a creation of the customer. Non-commercial usage allows the usage of designs in emails and social media banners provided, neither the impression of the customer or any other person selling the design is not given to the intended person who shall be viewing or consuming the media, nor is the design promoted as a creation of the customer or any other person directly or indirectly.
The Buyer shall have to register on the Ready Pattern web platform in the buyer section and submit his/her/its contact details, personal / company mobile number, personal email id / company email id, passport and other mandatory information before registering as a buyer.
If the information is not satisfactory to the knowledge of Ready Pattern, then the buying rights may be revoked and the IP for that location may be blocked forReady Pattern Ready Pattern websites. These rights are totally in the hands ofReady Patternand a request may be sent for re-approvals.
Buyer Agrees to the basic Rights:
Upon registering on the platform, the buyer agrees to the following regarding the designs purchased on the platform:
Non Exclusive Designs -
Exclusive Designs -
Exclusive Designs are sold with copyrights & once sold are not sold again by Ready Pattern or any other seller. Copyrights are however given by the seller to Ready Pattern and Ready Pattern merely provides the copyrights under the name of Ready Pattern. The seller is liable at all points for breach of copyrights and Ready Pattern at no point is related to the buyer or seller in terms of such copyrights breach.
The buyer will get the sellers details only when satisfactory claim has been made by the buyer to ready Pattern with a written letter stating that that the copyrights of an exclusive design has been breached as well as a legal underwriting from a local court of law is provided.=. The buyer will then have to manage with the seller and claim /settle his copyrights breach outside the Ready Pattern platform. Ready Pattern shall not present itself in any legal hearing or provide proofs other than those provided by the seller. Due care is taken by Ready Pattern to allow only reputable designers to sell original creations in the Exclusive designs section, however in case of breach, Ready Pattern is not bound in any manner to the buyer and shall only refund the payments if and when the seller refunds the same to Ready Pattern bank account in India and the payment is received in the bank account of Ready Pattern. To be noted: Copyrights are given by the seller and not by Ready Pattern platform. No claim can be made against Ready Pattern in case of Breach of Copyrights or Breach of Contract. Ready Pattern is only a platform to allow the sales of designs between the seller and the buyer.
Terms of Exclusive Designs:
Designs buying policy:
Removal of Uploaded Designs by Ready Pattern
Non-Exclusive Designs are not removed from the website.
Removal of Exclusive Designs shall take upto 14 days. These designs may have been used in the past for promotion / advertisement in the form of JPEG designs and removal from such third party sources is not guaranteed by us. If requested by the buyer with the image links, the designs shall be removed if in the capacity of Ready Pattern within a period of 30 days.
Pricing of Designs
Buyers shall have to pay the price as mentioned on the website. Promotions and discount coupons may be used to avail discounts on the price. Payment Gateway fee shall be added separately in the cart. Any additional custom requests shall be added in the cart. The final price charged is in INR and the currency conversion shall apply on them as per the currency conversion which Ready Pattern may seem suitable. The currency conversion may differ from the actual currency conversion rates.
The price is charged by the payment gateway and any default in the payments or misuse of the card is totally the responsibility of the payment gateway & the buyer and Ready Pattern shall not be liable for any incorrect charges. Ready Pattern has taken due care to partner with the best payment gateways yet fraudulent activities cannot be prevented completely. If the payment fails or an incorrect amount is charged, Ready Pattern shall only provide the facts with the charges but shall not interfere with the claims or shall not be responsible for the refund. PayZapp HDFC payment Gateway, CCAvenue, Razorpay, Paypal will be used and the most apt payment gateway shall be used to process the payment. Customer can select his payment gateway before making the payment.
Payments can also be made by Bank Transfers which shall have to be done in the bank account details provided on the invoice on completion of the order. Order is considered to be confirmed only when the payment is received in our bank account and the SWIFT copy of the same is sent to us via email. Non Exclusive Designs have a time limit of 7 days before which the payment must be received along with the SWIFT copy or else the order shall be cancelled. For Exclusive designs the time limit is 3 days for which the payment must be received in our account along with the SWIFT copy or else the order shall be canceled. Days are counted immediately after the order has been placed.
Ready Pattern is a mediator for selling designs by the buyers to the end customers. The licenses are provided by the buyers with their authorization, signatures. Copyrights are issued by the buyers and Ready Pattern merely provides an amended copy in the name of Ready Pattern of the same to the customers. The amended copy does not imply at any point that Ready Pattern has issues any kind of license. For each and every design, the licenses are provided only by the sellers on Ready Pattern platform.
The Buyer can apply for claim the following Errors only within 7 days of the delivery of the design file:
After 7 days the above requests shall not be entertained and will be at the discretion of Ready Pattern.
The Buyer can claim the following Errors only within 24 months of the purchase of the design:
Under such conditions,
Conditions undewhich Buyer breaches the contract against Ready Pattern
Buyer breaks any of the terms of the contract as stated in this contract.
Buyer uploads any non-exclusive design on a platform which it is not allowed to.
Buyer uses a design for a purpose for which it does not posees the copyrights on the first day of usage of the designs.
Buyer sells, distributes, markets, rents or leases, attempts to or is involved in any illegal activities of the designs for which it does not posses as valid license.
Ready Pattern may request a settlement with the buyer under which the buyer shall have to compensate with the loss and pay indemnities of amounts which Ready Pattern shall seem fit or may directly file a legal case against the buyer. In certain cases Ready Pattern may directly file a legal case against the buyer. For this Ready Pattern may involve external agencies.
Ready Pattern shall store all the files submitted by the seller on a secured platform. Ready Pattern shall not be responsible for any loss of data or due to a server attack, viruses, theft, copy, piracy, etc. There is a limited time for you to download the files from the server. They may be removed after that from the server and the design shall have to be repurchased if the due date has passed away. The due date is 30 days. In certain cases the designs may be available for download for a longer period, however this does not imply that all the designs will be available for download post 30 days of purchase. It is at the discretion of Ready pattern to allow the downloads of the files after 30 days of purchase. Ready Pattern may also request a fee to download the file after 30 days of purchase.
Ready Pattern may amend this contract at any given time and upload the agreement on the website. It is the responsibility of the buyer to read the contract. Mere uploading of the edited contract and continuing of sales on Ready Pattern implies the buyer has agreed to the modified contract. Edits shall be emailed to all customers with the modified contract links. The deliver ability of all the emails cannot be guaranteed by Ready Pattern.
By clicking on I AGREE at the time of checkout and purchase of designs, the Buyer/Licensee agrees to all the terms & conditions stated and specifically let out herein above. In certain cases credits may be purchased earlier for which the designs are provided at a later stage. In such situations it is deemed that the buyer has read the terms and conditions of sale and shall abide by them.