This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use www.artoreal.com, including any subdomains, webpages or extension of www.artoreal.com (“Website”) and you, as a User, hereby unconditionally agrees and acknowledges to be bound by the terms of this User Agreement.
The use of www.artoreal.com and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement or published on the Website. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered as a member of the Website by submitting identification information/registration details using the computer system of this Website and accepting the electronic record of the User Agreement and has obtained a unique username and a secret alpha-numerical key (password) for using the Website.
Amendment: Seventh August IT Services Pvt Ltd (Henceforth referred to as "Company") reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this Website that this constitutes sufficient notice for all purposes against you. The revised version/terms shall be effective from the time that the Company posts the same on the Website.
By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by Artoreal Rules and Policies for Sellers and Buyers as provided from time to time.
“Payment on Billing” shall mean a Transaction where the payment for the items purchased is paid through a payment gateway and such payment of the Transaction Price is credited to the bank account of the Company within three (3) days of booking the Transaction.
“Delivery/Delivered” means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing) at the address communicated by the buyer on the Website.
“Dispatch/ Dispatched” shall mean that the items have been dispatched through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
“Dispatch Details” means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company on the Website as proof that the item has been Dispatched and/or Delivered, as the case maybe.
“Information” means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Website at the time of registration with the Website, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking/financial information.
“Issuing Bank” in respect of a buyer means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a Valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price.
“Logistics Partner” shall mean reputable logistics and courier company(s) that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require.
“Transaction” means every electronically generated valid purchase order placed by the buyer for purchasing the items listed on the Website.
“Transaction Price” means the price to be paid for the items to be purchased by the buyer for every Transaction.
“Valid Card” means any valid credit card/valid debit card/valid cash card or any other card of whatsoever nature issued by Visa or Master Card and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any. “Valid Bank Account” shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic/online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or sell or purchase any items on the Website.
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
Registration and Communication
Registration: You shall be solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The Company, its employees or associates shall not be responsible in any manner for losses occurring from such breach of secrecy of your username and password.
You agree that your sole purpose of registering or using the Website is to buy or sell products as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use this Website for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.
Seller Registration: To be eligible to sell items on the Website, the User is required to separately register with the artoreal.com Seller Registration page on the Website. The seller shall provide complete details of the Seller Bank Account as a part of the Seller Registration or at a later date in lieu of or in addition to the details provided during registration.
Buyer Registration: Other than being a User, there is no separate registration requirement for buyers.
You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Company. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/electronic record.
You understand and agree that in certain cases, the Company and the Website merely provide hosting services to its Users who access the Website for purchase and sale artwork. Some items advertised and/or listed on the Website and the contents therein may be advertised and listed by Users and are third party buyers and/or sellers as the case may be. You also give permission to the Website and the Company to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.
Currently the membership on the Website is free and the Company does not levy any charges/fees for browsing or buying on the Website. The company however charges a facilitation fee as agreed between the Seller and the Company. The Company reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
All fees/charges shall be quoted in Indian Rupees and shall be payable to Seventh August IT Services Pvt Ltd within such time as specified in the invoice. You are responsible for paying all charges/fees associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges, cess, etc., which may be applicable as per law. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with the Website and disallow access to the Website. The Company also reserves the right to take any legal action against you in case of any non-payment of charges/fees to the Company.
If you purchase anything on the Website, you agree to also comply with the terms and conditions set out in the Buyers Policy incorporated herein by reference.
If you propose to sell anything on the Website, you agree to also comply with the terms and conditions set out in the Sellers Policy incorporated herein by reference.
You agree that the Company may appoint any third-party service provider, including but not restricted to one or more of the Company's affiliate to provide backend operations and support as instructed by the Company from time to time.
Any information provided by you to the Company or submitted on the Website or provided or displayed to other Users of the Website in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company or the Website merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.
All contractual terms of the manner and terms and conditions of delivery, payment, insurance, etc., between the buyer and the seller shall be independently agreed with the other users of the Website that you may transact with.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
1. belongs to another person and to which You do not have any right;
2. 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;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
5. violates any law for the time being in force;
6. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person or use an anonymous proxy;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
10. shall not be false, inaccurate or misleading;
11. shall not, 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;
12. may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and
13. link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under, or any other applicable legislation, or (ii) are at the same time listed for sale on a web site other than the Website. You shall not promote any website or webpage or link on the Website.
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the Website without any notice and any such violating information that is displayed or submitted on the Website can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Website. You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action against you and/or anyone associated with you in this regard.
In case of any transaction or attempted transaction pertaining to any item listed on the Website which violates this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at Contact Us and provide with all necessary information and/or documents to enable the Company to resolve the issue.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever at any point of time.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to Contact Us and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person or entity without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favourable to you.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the Company during your use of the Website or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Pune. The Arbitration & Conciliation Act, 1996, as amended from time to time shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Pune shall have exclusive jurisdiction.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.