These Terms shall govern use of and access to the website artswel.com(“Website”) that enables Users to browse or use the Services (defined below) offered on the Website from time to time.
USING THE SERVICES/SIGNING UP AS A USER
As a User you will be able to browse, view, check their previous purchases, list a hand Artswel for sale and use some of the Services available on the Website. Users can view all the products, customise them, add products to cart, provide billing, shipping address and pay for it. During check out, however, it is mandatory for Users to enter their email Id and mobile number for tracking purposes. As mentioned above it is not mandatory to sign up and create an account to use the Services and Website but if you wish, you could sign up and create an Account. It is, however, mentioned that you will not be able to use some Services such as gift e-cards, refer a friend and earn rewards if you have not signed up and created an Account.
To use the services without signing up or creating an Account and signing up you represent and warrant that:
If you are an individual then you are of legal age and competent to contract as per Applicable laws in and outside India and have the authority to enter into this Agreement. reserves the right to terminate Your Account and / or refuse to provide You with access to the Services if it is discovered that You are under the age of 18 (eighteen) years or any information provided by You is inaccurate. It shall be Your sole responsibility to ensure that You meet the required qualification.
if you are using the Services or signing up on behalf of an entity then such entity is a legal entity authorised to do business in India/abroad and you have an authority to enter into this Agreement which shall be binding on the legal entity;
all the information provided in connection with your billing information such as name, billing address and credit or debit card information is correct, verified and true.
You shall not
create an Account for anyone other than yourself without such person’s prior written permission;
use a Username that is the name of another person or entity with the intent to impersonate that person or entity
use a Username or Account that is subject to any rights of a person other than you without appropriate written authorisation; or
use a Username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
reserves the right to suspend or terminate your Account and/or your access to the Website and Services if any information provided by you proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password or other personal/financial details. You agree that you will not disclose your password/financial details to any third party and that you will take sole responsibility for any activities or actions under your Account or on the Website, whether or not you have authorised such activities or actions. You will immediately notify of any unauthorised use of your Account or any authorised use of your personal/financial details.
You shall create an Account on the Website and shall ensure that all information so uploaded/entered is true and accurate. Any errors must be reported immediately or corrected. You are responsible for the correctness of your data and shall only upload information that does not infringe upon rights of third parties.
You represent that you shall not use the Website in violation of any applicable laws or any other code of conduct.
Does not charge any fees to users for browsing and/or registering on the Website. may at its sole discretion introduce new products and services and modify some or all of the existing products and services offered. In such an event, reserves the right to introduce tariff for registering on the Website and/or Application or introduce tariffs for existing or future products and services, as the case may be. Changes to the tariff policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website and upon your continued use of the Website.
Listing Works on the Services
As a User who intends to sell his Hand Artswel using the services has to register himself at the Website as a User and then fill the registration form to act as a Seller. exclusively reserves the right to accept or decline the registration of a User as Seller.
As a User, you may submit listings for Hand Artswel that you have created and that you desire to sell through the Services. You may not submit listings for Hand Artswel that were created by another artist. In order for your listings to be accepted, you must provide with all the information requested by and you must comply with any other requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing with a copy of a government-issued ID, tax identification or similar documentation and information.
Your listings must be accurate and complete and comply with Artswel’s then-current listings content guidelines. Reserves the right to edit any listings to ensure that they comply with the guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours or more in some circumstances. The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
Inventory: You as a Seller agrees to maintain a minimum inventory so as to register as a Seller with and in case the Seller wrongly represents to have maintained the minimum inventory otherwise, the Seller would be charged an amount in the nature alike damages and penal charges.
You acknowledge that reserves the right to promote and market Hand Artswel through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Handicraft. You always retain the right to remove a listing for Hand Artswel from the Services as per the instructions mentioned below.
If you want to remove a listing for Hand Artswel from the Services you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.
Responsibility: You acknowledge and agree that you are solely responsible for all Handicrafts that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Hand Artswel that you make available through the Services, you are the creator of all such Hand Artswel and you are the sole and exclusive owner of all such Handicraft; (ii) as to Hand Artswel that you make available through the Services, you are either the sole and exclusive owner of all such Hand Artswel or you have all rights, licenses, consents and releases that are necessary to grant to the rights in such Hand Artswel as contemplated under these Terms; and (iii) neither the Original Works Hand Artswel that you make available through the Services nor Artswel’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.
Online Sales: If you submit listings for Original Works of Handicraft, you are selling such Original Works of Hand Artswel through the Services and on third party websites and sales channels and through other offline channels and you hereby grant Artswel a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Hand Artswel sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Hand Artswel in any form, medium or technology now known or later developed for the purpose of promoting Artswel, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Revenue Share (defined below), which is payable only upon the sale of an Hand Artswel via the Online Sales channel.
If the Handicrafts are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Artswel, these Terms will apply to the sale of such Original Work of Handicraft.
Artswel and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Artswel’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between and the third party website or Offline Sales partner, as applicable, to and share related shipping information, including the contact details of the purchaser where necessary, with Artswel.
For Handicraft, will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Artswel, you will be responsible for shipping the Hand Artswel directly to the purchaser. Will provide you with information regarding its preferred shippers with which it maintains an account. You agree to ship the purchased Hand Artswel to the purchaser within 3 days following the date of purchase. There are only 3 rules to couriering your art to the Collector. Courier it fast, use a reliable courier and make sure you track it. Using a good quality and reliable courier is essential to ensure a good impression on the buyer, as well as on Artswel .
Remember, you need to include a colour printout(Use only Parchment paper) of the Authenticity Certificate , inserted into an envelope , in the package when you courier it, Also courier us the printed and signed invoice for us to
process your payment. You will receive your payment once the delivery of the art has been confirmed by the collector. You agree to comply with the terms and conditions of Artswel’s then-current Return Policy, Refund Policy and Cancelation Policy that are applicable through the Services.
If you remove a listing for a Hand Artswel from the Services, the license rights granted by you to with respect to such Hand Artswel will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for and its third-party subcontractors to fulfil any in-progress orders and for any orders accepted by or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you with respect to using such Hand Artswel to promote Artswel, the Services will remain in full force and effect for only as long as necessary for to fulfils any current obligations that require using the Hand Artswel for such promotional purposes.
SERVICES OFFERED ON THE WEBSITE:
Services available on the Website include some of the following:
1.Signing Up: As mentioned above, Users may use the Website/Application to register by creating an Account.
Browse Handicrafts: You will be able to browse and have access to thousands of Handicrafts like Paintings , Sculptures, Photography, Gifts, Home Décor, Furniture crafted out of Art Metal, Textile, Paper, Clay, Glass, Ivory, Wood etc. uploaded on the Website. There are a larger number of categories and curated sections that can accessed through the menu or from the website.
Customise Handicraft: You will be able to select any handicrafts which you wish to purchase and have the same customised. Upon clicking the handcraft you could choose the size- the width or height and other specifications provided and then add to cart and buy the handicraft. We strive for a high degree of accuracy. However, in some cases, the visual representation may be approximate. Occasionally, minor modifications occur and there could be a minor difference in the handicrafts as they appear on the screens of a laptop, mobile phone or other electronic/digital devices and as they appear in physical form.
Original Handicraft: You will be able browse various categories of original art made by artists and choose to have it customised as well.
Purchasing the artworks/Add to Cart: Once you have selected the artworks you wish to purchase click on Add to cart and it will take you to the shopping cart which will clearly show the artworks has been selected. The details such as size of the Handicraft, quantity of the artworks being purchased, the unit price, discount, if any, and the total amount payable etc would be shown. It will also show you breakup of the total amount such as price of the Handicraft, taxes applicable and shipping/delivery charges depending upon the shipping method selected. You will also have the option to enter the coupon or e-Gift code. Thereafter, you could proceed to checkout where you will be required to provide the complete billing and shipping address where the artworks has to be delivered , your contact details such as mobile number, email address etc. Then you would be required to enter the shipping method and lastly review the order and then make online payment via payment gateway.
Product Image and size accuracy: We strive for a high degree of accuracy and verify the dimensions of all handicrafts on our Website. However, in some cases, the colour shades may be approximate due to differences in the visual rendering of handicrafts images on different devices.
Mark as Your Wishlist: You could select the artworks that you are interested in and mark it as your Wishlist for buying at a later date so that you do not have to browse and search for the artworks again.
Gift Card: When available, you could purchase an e-gift card for someone and send it to them for an occasion. You will be able to use this feature only if you have signed up and created an Account. At the time of purchasing the e-gift card you will need to mention the correct details of the person to whom the e-gift card is being gifted. Please note that the e-gift card and the coupon code for using the e-gift card will be sent to the email address of the person who is being gifted the e-gift card. So kindly ensure that the email address being provided at the time of purchasing the e-gift card is correct. The person will be able to use the e-gift card only if they receive the coupon via email. We will not be responsible if the email address provided by you of the recipient of the e-gift card is incorrect. Further, please note that the e-gift card shall be valid only for a period of one year from the date on which the e-gift card is sent to the email address of the recipient to whom the e-gift card has been gifted.
Refer and be rewarded: When this scheme is implemented, you will have the opportunity to refer a friend and be rewarded if you have signed up and created an Account on the Website. How this works is – you refer a friend, your friend signs up and your friend will get 10 % off on their first order and you get 10% off on your next order. You will be required to fill up a referral form.
Business Sales: If you have volume requirements for artworks either directly for your business or supplying to a business then you can create a business account with us and get substantial discounts. In order to create a business account you will need to enter details of your Company/business entity such as name, address, GST no., phone number, email address, nature of business, purpose for ordering the artworks in volume etc. Upon receiving these details you will receive a call from us and we will do our due diligence and once we approve your account you will be able to use the business account.
Transport Insurance:Artswel strives to deliver their products in the best possible manner. Even the Customer may at the time of making the payment select to take transport insurance for the artworks bought by him so as to ensure the safe delivery of the said Handicraft.
QA Certificate: The Quality Assurance Certificate of the Handicraft, if available would be given to the Customers who buy the said Handicrafts.
Order Tracking: Every Order placed with which the payment has been made is assigned a tracking number which is used to track the progress of the Order and the expected time to deliver.
THE MANNER TO USE OF THE WEBSITE:
Your use of the shall be subject to the following restrictions:
You will not delete or modify any content on the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
You will not decompile, reverse engineer, or disassemble the Website, or remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use Website in any manner that may be harmful to the operation of the Website or its content;
You will not use Website and/or Services in any way that is unlawful, or harms or any other person or entity,
You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “grieving” as those terms are commonly understood and used on the Internet.
You will not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which You do not have any right to; 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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.
GRANT OF RIGHTS
Website: We own all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Website, software therein, the present or future modifications / upgrades thereof and standard enhancements thereto.
Content: All Hand Artswel uploaded by on the Website and/or Application i.e. Content is the property of or has been given to under license by the content owners/suppliers and is protected by copyright laws. The purchase of any Hand Artswel or other products does not provide the User with any copyright interest or other intellectual property right in the Hand Artswel or product. All Content that is not our property is used with permission under license. The arrangement and compilation of the Content is our exclusive property and is protected by international copyright laws. All names, logos, product and service names, designs and slogans on the Website and/or Application are the trademarks of their respective owners.
Limited License to use the Website and Content: We grant you a non-exclusive, personal, non-transferable, revocable and limited right to have access to and make personal use the Website and Services offered therein only for the duration you are registered as a User. You are, however, not permitted to reproduce, duplicate, copy, sell or otherwise exploit the Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other Content” for any commercial purpose, except as expressly provided. You shall not copy, make derivative works, transmit, post, link, deep link, redistribute, sell, decompile, modify, reverse engineer, translate, or disassemble the software embodied in the Website. These Terms do not and shall not transfer any ownership or proprietary interest in the Website to You, except as may be otherwise expressly provided herein or as may be agreed by and between the Parties.
User Content: User Content may be defined to mean any materials you upload, post, or otherwise transmit to this Website including but not limited to images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof.
Guidelines for User Content: Users who wish to upload any User Content must adhere to the following guidelines. reserves the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.
Ownership of User Content: Users must respect the intellectual property rights of others. Users shall not upload, post or distribute any User Content in which they do not own copyright. In addition, Users shall not upload, post or distribute any User Content that (i) is an unauthorised reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name or trade dress of any other person or entity, (iii) infringes any third party’s rights of privacy or publicity or (iv) any third party intellectual property rights.
Commercial activity: Users shall not upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, “junk mail,” “spam,” “chain letters,” or “pyramid schemes” or other such solicitations.
REFUND AND RETURN POLICY
PLEASE NOTE: guarantees customer satisfaction. Returns will be accepted within 3 days of delivery, if the customer is not satisfied.
a. Within 3 days of delivery, customers should inform of intent to return.
b. An email can be sent with intent of return to firstname.lastname@example.org. Please quote order number in the email subject. It may take longer without quoting the order number.
c. Can arrange to pick up the artworks from customer delivery address, subject to availability of courier service for return shipping or the customer can choose to ship it himself.
d. Customers should inform if they should arrange for an order pick or if the customer is shipping the order on themselves.
e. In case Artswel cannot arrange courier pick up from the return shipping, will inform the customer and customer will have to ship the artworks to our registered address
f. Customer has to mandatorily retain the artworks in exact same condition as it was received, along with the original packaging
g. Please note that, irrespective of whether you arrange for pick up or the customer ships it, the responsibility of proper packing and making sure that products reach in perfect good, new condition lies with the customer.
h. Up on receipt of returned artworks by Artswel, it will be assessed for further damages. The artworks will not be eligible for refund in case of damages, breakage, scratches are found by Artswel.
i. Will approve the refund when the Hand Artswel is found to be in exact the same condition as it was delivered to the customer.
j. Along with the approval, process refund in the same payment mode that was used while making the payment for the order or will request the customer for bank details for making the refund money transfer.
k. When the courier picks up arrangements the return shipping charges as well delivery done by Artswel charges will be borne by the customer and will be deducted from the refund amount. In case a customer has shipped the products, will deduct only delivery charges
l. The process may take from 2 week for completion.
m. Shall take the return request only once per order.
In an unlikely event of damages during delivery, artworks having quality issue or wrong artworks delivered, it is eligible for free replacement.
n. Customers should inform of damaged delivery, quality issues or wrong artworks delivered within 24 hours from the time of delivery.
o. Customer to send unpacking video and photos as proof showing the issue with Handicraft.
p. An email can be sent with details and photos to email@example.com. It will take longer without quoting the order number in the email.
q. shall not be liable to replace the artworks or refund the money if it is informed after completion of 24hours from time of delivery.
r. Can arrange to pick up the artworks from the customer delivery address, subject to availability of courier service for shipping or the customer can choose to ship it himself.
s. Customers should inform if they arrange for an order pick or if the customer is shipping the order on themselves.
t. In case Artswel cannot arrange courier pick up, will inform the customer and customer will have to ship the artworks to our registered address
u. Customer to retain the artworks in exact same condition as it was received, along with the original packaging
v. Please note that, irrespective of whether arranges for pick up or customer ships it, the responsibility of proper packing and making sure that products reach in perfect good, new condition lies with the customer
w. Up on receipt of returned artworks by Artswel, it will be assessed for further damages. The artworks will not be eligible for replacement in case further damages are found by Artswel.
x. Will approve the replacement when the artworks found to be in exactly the same condition as it was delivered to the customer.
y. Will ship the replacement artworks 7days of approval for replacement.
z. In case a customer seeks refund instead of replacement, will request for bank details for making the refund or process refund in the same payment mode that was used while making the payment for the order. Please note we can’t make a refund in any other mode at the moment.
aa. The process may take from 2 weeks for completion.
bb. Shall take the replacement request only once per order.
Please visit the “Contact Us” link in the footer section of www.artswel.com website to know the ways to get in touch with Artswel.
Please note that order can be cancelled subject to the cancellation charges as stated in regard to the said artworks once it is placed. This is due to the fact that we offer customised artworks and our production process starts as soon as an order is placed. As described above, we do offer refund or replacement in case the product is found to be damaged or not as per order specifications at the time of delivery and we are informed before completion of 24hrs from the time of delivery.
DISCLAIMER AND EXCLUSION OF WARRANTIES
I. If you choose to use the Website, Services, you do so at your sole risk. The Website and the Services connected therewith and the information contained therein are provided on an “as is” and “as available” basis without any warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You expressly understand and agree that your use of the Website and the Services and products is at your sole risk. You are solely responsible for any and all acts or omissions taken or made in reliance on the Website or the Services offered therein or the information on the Website Including inaccurate or incomplete information. It is expressly agreed that in no event shall be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system.
II. The Website is designed primarily to be used on desktops, laptops and tablets. Though it will work on smaller devices such as smart mobile phones, it may not give you exact same experience usage as on desktops and laptops.
III. While it is our objective to make the Website accessible at all times, the Website or Services may be unavailable from time to time for any reason including, without limitation, routine maintenance, upgrade or any other reason. In addition, various portions of the web server, and the hosting platform may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside our control, access to Website or Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, shall not be liable in any way for any loss of business or any damages arising from any such interruption, suspension or termination of Website/Application or Services.
IV. makes no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any information or content obtained through the Website or Services.
V. We are not responsible for any malfunction technical or otherwise of any network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on our Website, including injury or damage to your or to any other person’s computer, hardware, software or mobile phone as a result from using or downloading materials in connection with Website.
VI. We expressly disclaim any liability for the consequences to you arising because of your use of the Website or Services offered therein. We expressly disclaim any liability for any incorrect information provided to you on the Website and for the quality of products or Services you receive from the Website.
VII. on the request of the Customer shall provide the QA Certificate and transportation insurance subject to the payment of the same by the Customer at the time of making the payment for the Handicraft.
LIMITATION OF LIABILITY
You expressly understand and agree that we shall not be liable for any indirect, incidental or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from any use of the Website and/or the Services and products (regardless of whether we should have known of the possibility of such damages). Regardless of the form of action (including negligence), in no event shall our aggregate liability arising out of or relating to the use of the Website and/or the Services and products exceed the aggregate amount paid by you to use or access the Website and/or the Services and products. Certain laws do not allow limitations as contained in the clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
THIRD PARTY LINKS
The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
TERMINATION / MODIFICATION / SUSPENSION
I. may at any time terminate its legal agreement with you if you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms).
II. If you wish to cease use of the Website you may delete your Account from the Website.
III. We may update or change Website or the Services offered therein from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of the Website after the Terms have been updated or changed constitutes your acceptance of the revised Terms.
IV. Notwithstanding anything to the contrary in these Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend your use of Website or Services offered therein without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law; or (c) if performance of any term of these Terms by either Party would cause it to be in violation of law.
V. Upon termination of your Account by Artswel by you, your right to use Website or Services offered therein shall automatically terminate. You acknowledge and agree that your right to use Website or Services offered therein is conditional upon your adherence to the Terms, the continuous activation of your Account, and payment of fees, if applicable. In the event of Termination or deletion of the Account, you will not have access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the system. Upon Termination or deletion, the following shall occur: all licenses granted to you hereunder will immediately terminate. You further acknowledge and agree that shall not be liable to you or any third party for any termination of your access to Website Or Services offered therein. Upon Termination, retains the right to use any User Content collected from your use of Website or Services offered therein for internal analysis and archival purposes, and all related licenses you have granted hereunder shall remain in effect for the foregoing purpose. You agree to indemnify and hold Artswel, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Terms or use of the User Content posted by you on the Website or Application.
GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Rudrapur, Udham Singh Nagar, Uttarakhand, subject to clause mentioned below, shall have jurisdiction.
I. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of Website or Services offered therein or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be Rudrapur, Uttarakhand, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. The Arbitrator would be appointed solely by and the fee of the Arbitrator would be borne by both the parties to the dispute.
II. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
TRADEMARK/COPYRIGHT INFRINGEMENT TAKEDOWN PROCEDURE
has high regard for intellectual property and expects the same level of standard to be employed by the Users. may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to Website or Services offered therein to Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied, uploaded and posted on Website or Application in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at in contact form in website or firstname.lastname@example.org
I. identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
II. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit to locate the material;
III. a written statement that you have a good faith belief that the disputed use is not authorised by the copyright and/or trademark owner, its agent, or the law;
IV. information reasonably sufficient to permit to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
V. an electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
VI. statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorised to act on the behalf of the owner of the exclusive right. A statement by you composed of the foregoing points is referred to herein as the “Notice.”
In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows:
ARTSWEL PRIVATE LIMITED
6TH MAIN, 1763/46, D BLOCK, 2ND STAGE, RAJAJI
NAGAR, Bengaluru (Bangalore) Urban,
Email Id: email@example.com
Number: +91 9738919488
I. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
II. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by email, or mailed by prepaid nationally-recognised courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth above.
III. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
IV. Force majeure: shall not be liable for any downtime or delay or unavailability of the Website or Services caused by circumstances beyond Artswel’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
V. Assignment: You may not assign or sub-license, without the prior written consent of Artswel, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.