This document shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, requiring publishing the rules and regulations, privacy policy and user agreement for access or usage of website located at https://theartistic.design. All references to https://theartistic.design shall be read to include the domains listed in Annexure I to this document.

User Agreement

Your use of https://theartistic.design and all the web-pages, hyper-links, tools and services provided thereunder (hereinafter referred to as “the Website” which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website (“User Agreement“). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. In this User Agreement, you are contracting with The Artistic Design, hereinafter referred to as “the Developer” which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.

For the purpose of the User Agreement, “Registered User”, “Visitor”, and wherever the context may so require, “You” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website either as buyer or seller, or who has used the Website without becoming a Registered User. A Registered User is one who has allocated himself a unique identification user name (“User ID” and “Password“) to become Registered User.

As a Registered User, this User Agreement shall be effective and binding upon your affirmative action in clicking on the ‘check box’ and/or on the ‘continue’ button and/or or any affirmative action as provided on the registration page or using or accessing the Website. 

Important Disclaimers:

The following disclaimers form the outline of any relationship between You and the Developer for Your use of the Website and for Developer providing any services on the Website:

  1. Developer provides the Website and services on “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
  2. The responsibility of checking the correctness of the declarations displayed on the Website in relation to the products shall lie with You.
  3. The responsibility of ensuring that product information provided by sellers/Merchant is accurate with regard to the product actually being sold lies solely with such sellers/Merchants and/or their agents.
  4. The Developer makes no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on the Website or that the operation of the Website will be uninterrupted. The Developer makes no representations about the accuracy of information/declarations provided by the Merchants for their products.
  5. The Website is only an online marketplace where Merchants and users may transact with one another. Developer cannot control in any manner any transaction between two users of the Website. Further, Developer does not guarantee, warranty or provide any assurance on the behaviour of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled “Limitation of Liability”, Your sole and exclusive remedy and Developer’s sole and exclusive responsibility and liability is to provide You necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other users of the Website (including the sellers/Merchants listed on the Website) with respect to any dispute.
  6. Pursuant to the provisions of the Foreign Exchange Management Act, 1999, and applicable laws, the Developer may provide certain support services to facilitate the transactions between users of the Websites and such independent services may include (i) listing management, (ii) warehousing services, (iii) logistics services, (iv) making available courier services and (v) making available payment facilitation. You understand, agree and acknowledge that the Developer may engage independent third party service providers to perform these services. You further understand, agree and acknowledge that the Developer will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties, unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Developer and in such an event the total aggregate liability of the Developer shall be limited to the extent provided in the clause titled “Limitation of Liability”.

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement. 

Electronic Communications

When You use the Website or send emails or other data, information or communication to the Developer, You agree and understand that You are communicating with the Website and Developer and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Developer and all other Registered Users and Visitors and as and when posted, communicated or required.

Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your ‘designated electronic address’ and the Developer, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Developer as provided from time to time in various hyperlinks on the Website.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Developer reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Developer’s notice or if it is discovered that you are under the age of 18 years or are otherwise “incompetent to contract”. If you are registering as or on behalf of a business entity, you represent that 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. 

Your Account and Registration Obligations

If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Developer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Developer has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

Fees and Services

Membership and browsing on the Website is free. As per the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 an “E-commerce marketplace may provide support services to sellers in respect of warehousing, logistics, order fulfilment, call centre, payment collection and other services.” Accordingly, the Developer through various third party service providers engages in order fulfilment services for orders placed on the Website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page.

Taxes

You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Use of the Website

You understand and agree that Developer and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third party user generated content and material. The Developer neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Developer has no control over the third party user generated contents.

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

  • You are solely responsible for Your Information, and the Developer and the Website act only as a medium for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
    1. Belongs to another person and to which You do not have any right to, or is intended to be used to impersonate another person.
    2. Harm minors in any way, or, 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 whatsoever;
    3. 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.
    4. Violates any law for the time being in force.
    5. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 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
    6. 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.
    7. Is false, inaccurate or misleading.
  • You 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.
  • You shall not create liability for Developer or cause Developer to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
  • You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to 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.

Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Developer against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services.

Developer for Communication

The Website is only a venue where users may meet and interact with one another for their transactions. Developer is not and cannot be a party to or control in any manner any transaction between two users of the Website.

All commercial terms are offered by and agreed to between buyers and sellers alone. The commercial terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Developer does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial terms between buyers and sellers/Merchants. Without prejudice to the foregoing, the Developer may provide certain transaction support services to seller and buyers of the website as provided in various rules and policies on the Website.

Developer is not responsible for any non-performance or breach of any contract entered into between users. Developer cannot and does not guarantee, warrant, or ensure that the users will perform or conclude any transaction concluded on the Website. Developer shall not and is not required to mediate or resolve any dispute or disagreement between users.

Developer does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Developer does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Developer accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Developer does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.

Developer is only providing a Website or venue for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with Developer nor shall Developer have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the Website.

Developer is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.

You release and indemnify Developer and/or any of its stakeholders, partners, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of Your on the Website and specifically waive any claims that you may have in this behalf under any applicable law.

Developer cannot control the information provided by other users which is made available on the Website. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

The function of the Developer is limited to providing access to a communication system over which information made available by You is transmitted or temporarily stored or hosted. The Developer observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf. The Developer does not:

  1. initiate the transmission;
  2. select the receiver of the transmission; and
  3. select or modify the information contained in the transmission.

Therefore, pursuant to the provisions of the Legal Metrology (Packaged Commodities) Amendment Rules, 2017, the responsibility of the correctness of the declarations displayed on the Website in relation to the products shall lie with You.

Privacy

The Developer collects, stores, processes and use Your information in accordance with Developer Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Developer in accordance with the Privacy Policy.

Payment Facility

Developer may from time to time contract with third party payment service providers to facilitate the payment between users i.e. buyers and sellers and for collection of Developer Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance of payment or supporting the same in any manner. 

Breach

Without limiting other rights and remedies, Developer reserves the right to remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

  1. If you breach the User Agreement or any terms or policies of the Website.
  2. If your actions may cause legal liability for you, other users or Developer.

Developer may at any time at its sole discretion reinstate suspended users. Developer reserves the right to recover any amounts due and owing by you to Developer and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you. 

Selling

You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. Listings may be retained on the Website where items are of a nature that they may be brought into stock prior to the expected date of delivery, failing which listing of items may be revoked if orders pending are not being fulfilled. The listing description of the item must not be misleading and must describe actual condition of the product.

If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users in any manner. You shall inform the Developer at the time of listing your product and subsequent to the listing, of all the declarations as required to be displayed on the website and ensure that the declarations on the package of the product are duly complied with and regularly updated, as and when, there is a change therein. 

Limitation of Liability

In no event shall Developer or its affiliates and service providers be liable for any indirect, incidental, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).

In addition to any limitation of liability and various disclaimers provided elsewhere in this User Agreement, Developer’s entire liability and Your sole and exclusive remedy in any circumstance is limited to the following:

  1. If You are a seller on the Website: an amount of Developer Fees, if any, paid by You as seller on the Website to Developer for the transaction under dispute.
  2. If You are a buyer: the Developer’s entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable You to get the refund of the product price from the seller on the Website.

Other than the aforesaid, Developer shall have no liability to You. The Developer shall not be liable to refund any amounts charged at the time of purchase towards payment gateways, service providers, delivery costs, and other charges incurred by the Developer for maintaining the Website. 

Indemnity

You shall fully indemnify, keep indemnified, defend and hold harmless Developer and Developer’s shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party. 

General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Developer and You shall have no authority to bind Developer in any manner whatsoever nor shall Developer have any authority to bind you in any manner whatsoever. All the services provided by the Developer shall be as independent contractor and on principal to principal basis.

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between You and Developer with respect to the subject matter hereof.

In Developer’s sole discretion, Developer may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Developer on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts. 

Other Complaints

In the event you have any complaints or concerns with respect to the website or our services, please contact our Customer Support at support@theartistic.design 

Governing Law

This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Developer shall be governed and construed in accordance with the laws of India. 

Arbitration

If any dispute arises between You and Developer during Your use of the Website or Your dealing with the Developer in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Developer. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.

ANNEXURE 1

Sr. No. Entire Domain
1 https://theartistic.design
2 https://theartistic.design
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