Terms of service

Artrekha (“Artrekha”, “we” or “us”) operates the website located at artrekha.com. These terms and conditions govern the said website and any mobile application operated by Artrekha, collectively termed the “Platform”, on and through which we offer certain services (collectively, the "Services"), as described in these terms & conditions (“terms”/”Agreement”)

These terms apply to all users or visitors of the Platform, including without limitation users who are only here for the purpose of browsing, or potential/ existing vendors, content contributors, or clients or any other parties (herein referred to as “User/Users” or “you”).

You may access and use the Platform only on the condition that you agree to abide by the following terms. We are providing the information on the Platform for you, subject to your agreement to be bound by the terms and conditions set forth below
Your acceptance of the terms of this Agreement and/or your access and use of the Platform shall be deemed as your acceptance of all the terms, representations and undertakings set forth in this Agreement, without any qualifications or exceptions.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE PLATFORM.

Therefore, by the affirmative act of agreeing to the terms, or by accessing, and/or using the Platform, you are indicating electronically that:

You agree to be bound and abide by the terms of this Agreement
You agree to abide by the laws duly enforceable under the Applicable Laws of the Country
You agree that the information displayed by us through the website is “AS IS” and without warranties
You agree that that you shall not use the Platform if this is not permitted or is unlawful under your local and applicable laws.

SCOPE OF TERMS

Artrekha upon collaboration with various artist around the country/world shall list various art works on the Platform for the purpose of display, promotion and sale of such art work. The Platform further enables the users to access, browse and use the Platform and view the listed art work of various artists and further facilitating sale of physical art work of the artist. The listings on the Platform are solely managed by us
Subject to the conditions mentioned in this Agreement, we are providing services as mentioned above which may be availed by you at your sole discretion

USER ACCOUNT AND ELIGIBILITY

User Account:

In order to use the Service/s, you are required to register and create a User Account with password (“User Account”).
At the time of registration, you shall be required to share information which may include personal information (“Personal Information”) including but not limited to information regarding you e-mail ID, name, and other relevant details. The information as provided by you to us for the purpose of this Agreement is governed by our Privacy Policy as mentioned at https://artrekha.com/policies/privacy-policy on our Platform.
You agree that any registration information provided by you shall always be accurate, correct and complete. You agree to update your information if it changes by contacting us at info@artrekha.com. This is important, because we may send notices, statements and other information to you by email or through your account. You will keep all of yours Authorized Users’ passwords and usernames confidential and will not share them with third parties. You are responsible for all actions taken through your accounts. You shall be solely liable for the accuracy of the information you provide us or post on the Platform, if any and we do not have any liability with regard to the satisfaction and liability of the result thereby.
You must be 18 years of age or older to access, use or test the Platform in any manner. By accessing, using or testing the Platform or accepting this Agreement, you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use the Portals, and agree to and abide by this Agreement. Parent(s) or guardian(s) of the user below the age of 18 years shall be liable for all and any acts of such user using the Platform.

Password Security

You are solely responsible for maintaining adequate security and control of any and all User IDs, Passwords, hints, personal identification numbers (PINs), or any other codes that you use to access the User Account. Do not discuss, compare, or share information about your account number or password unless you are willing to give them full use of your User Account since the same may also include any credentials related to your personal bank account, ATM, UPI, details

Note

It is hereby understood and agreed that we reserve the right to terminate any User Account if the same violates any terms or guidelines for use of Platform or Services at our sole discretion without any notice to the User.

PURCHASING ART WORK

You must be a Registered User in order to purchase the Art Work mark available on the Platform for sale. Buyers are obligated to complete the sale transaction upon completion of the check-out process. Placing an order on the Platform constitutes an irrevocable acceptance of the purchase once the shipment has been made or if the artwork is in transit. Unless rescinded/cancelled by us on account of a default by the artist or any prior or continuing breach by the buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between us (acting as the agent of the artist) and the buyer.
While great care is taken to reproduce the colours and form of paintings as depicted on the Platform, it is understood that since each painting is individually painted there may be variations in shade and colour. No complaints in this regard would be entertained. We are not obligated to provide any physical preview of the artwork either before or after the sale.
The Payment, Delivery, Cancellation, Return and Refund Policy shall be as detailed in the Shipping, Return and Refund Policy section on the website.

USER CONDUCT

You agree and undertake to use the Platform strictly abiding by the following principles:

You shall not access, send, receive, display, disclose, or store any content in violation of any copyright, right of publicity, patent, trademark, service mark, trade name, trade secret or other intellectual property right or in violation of any applicable agreement, or without authorization;
You will not attempt or otherwise impersonate another person during the use of the Platform;
You will not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Platform in any manner whatsoever
You will not interfere with another user’s use of the Platform;
You agree to use the Platform and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions;
You shall not interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization;
You may not use the Platform and the services provided by us to substantially replicate the platform or services offered by us, including the creation of a separate application or platform substantially similar to the Platform’s environment. If we determine or believe, in our sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access our platform and services may be temporarily or permanently revoked, with or without notice.

RESTRICTIONS

You are also prohibited from:

Violating or attempting to violate the integrity or security of the Platform;
Transmitting any information, including job posts, messages, hyperlinks etc. on or through the Platform that is disruptive or competitive to the provisions of the Platform;
Intentionally submitting on the platform any incomplete, false or inaccurate information;
Making any unsolicited communications to other Users of the Platform;
Copying or plagiarizing in any manner any of the Content or information available from the Platform.

Furthermore, You undertake that you shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that:

Belongs to another person and to which you do not have any right;
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;
Infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
Violates any law for the time being in force;
Impersonates another person;
Harms minors in any way;
Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive and menacing in nature;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

INTELLECTUAL PROPERTY

You are aware and accept that all the information, content material, products (including but not limited to the text, content, photographs, graphics video and audio content) on the Platform is protected under the copyright law pertaining to the same. Unless expressly stated in writing, the same shall not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner with the written permission, except as permitted under Indian Copyright Act 1957, as amended, and then, only with the owner’s proprietary rights.
All trademarks, service marks, slogans, logos trade dress and other identifiers (“Marks”) displayed on the website are the property of Artrekha. The names of the other companies and third party products or services mentioned on the Platform may be the trademarks or service marks of their respective owners. The Marks are protected by the common and statutory laws of the country, and you are prohibited from using any of the marks for any purpose including, but not limited to, use on the other materials, in presentations, as domain names, or as metatags, without the express written permission of Artrekha or such party that may own the mark.
All the intellectual property in the artwork is represented to be held by the artist itself and we have no liability with regard to the intellectual property claims. User shall not in any manner violate or attempt to violate the intellectual property laws of the artist. The artist shall at all times retain its moral rights in the artwork even if purchased by the User

THIRD PARTY LINKS

The Platform may have links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources; or 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 us of such websites or resources or the content, products, or services available from such websites or resources unless explicitly stated otherwise. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. We have no control over the content of such unaffiliated websites and should you choose to visit a website we do not control. We will hold no responsibilities for the same. The links to unaffiliated website do not indicate any endorsement or responsibility for the opinions, ideas, products, service or information offered at such sites. Additionally, third party websites may have a privacy policy or security practice that is different from our website. Thus, we disclaim any and all liabilities with respect to these third party links on the Platform.

INDEMNIFICATION

User shall indemnify and hold us harmless from and against any and all losses, penalties, judgments, suits, costs, claims, liabilities, assessments, damages and expenses (including, without limitation, reasonable attorneys’ fees and disbursements), incurred by, imposed upon or asserted against us as a result of relating to or arising out of (i) any negligent act, wilful omissions or any act caused by the User in contravention of these terms/Agreement; or (ii) any claims, demands, threats, proceedings or other actions taken by any third-party against the us or personnel that is attributable to any breach or failure on the part of the User under these terms/ this Agreement

DISCLAIMERS/LIMITATION OF LIABILITY

All information and material on the Website is provided on an "AS IS" and informational basis only, and are without any kind of express or implied guarantees or warranties.
The art, platform and services, including all content, functions, materials and information made available on or accessed through the site or the services, are provided on an "as is" and "as available" basis without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the art, services or the functions, features or content of the Platform will be timely, accurate, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the art, Platform or services will meet users' requirements or expectations, and expressly disclaim any warranties or guarantees that by listing art on the site, the listed art will be sold. If you are dissatisfied with the site or any services, your sole remedy is to discontinue using the site and the services. artrekha.com makes no warranty regarding any art purchased or obtained through the Platform or any transactions entered into through the services. no advice or information, whether oral or written, obtained by you from artrekha.com or through the services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users. artrekha.com expressly disclaims any endorsement or warranty of any art sold on or through the services, and any responsibility for any misrepresentations or breaches committed by another User.
We specifically disclaim all liability for any loss, injury or damage of any kind that may result from and/or arise out of, or any way related to:

Any errors in or omissions from the Platform and its content, including but not limited to technical inaccuracies and typographical errors
Any third party websites or content therein directly or indirectly accessed through links, if any, including but not limited to any errors in or omissions there from
Your use of the Platform in any manner whatsoever

We have taken due care and caution in presenting correct information/content, material contained in the Platform and shall make reasonable efforts to ensure that the information/content, material provided on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose. We accept no responsibility with respect to the information on the Platform. We do not warrant or represent that the information available on this Platform is completely error-free and accurate or the servers that make the Platform available, are free of viruses. Although due care has been taken to make the information/content completely reliable and error-free, we specifically disclaim any liability arising out of any such error.
You acknowledge and agree that we and/ or our affiliates shall not be liable for any damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be at your own risk.
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform.
The prices and availability of Products are subject to change without prior notice and at the sole discretion of Artrekha

GOVERNANCE AND APPLICABLE LAW

You shall abide by all applicable local, state, national and foreign laws, rules, treaties and regulations in connection with its use of the Platform and Services, including those related to intellectual property rights, data privacy, international communications and the transmission of technical or personal data. You acknowledge that we may discontinue provision or performance of the Services following any changes in any relevant applicable law, which in our understanding and sole discretion makes performance impossible, or illegal.
This Agreement shall be governed by and construed under the laws of India. Subject to arbitration clause, any dispute arising out of or in relation to this Agreement shall be submitted to the sole jurisdiction of the courts of law in India.

DISPUTE RESOLUTION

The parties agree to attempt to resolve disputes without extended and costly litigation. The following steps to dispute resolution are to be followed:

Verbally communicate dispute to other party;
Communicate dispute to other party in writing;
Respond in writing to any written dispute from other party within 15 days of receipt;
If satisfactory resolution does not occur within 45 days of initial written notification of the dispute, and if both parties do not mutually agree to a time extension, then Parties will hire a mutually agreed upon certified mediator, the cost of which will be shared by both parties; and,
If resolution is still not obtained within 30 days of a mediation session and if both parties do not agree to a time extension, then Parties agree to enter into binding arbitration with a mutually agreed upon, certified, arbitrator, the cost of which will be shared by both parties.

The arbitration will be conducted in accordance with the commercial arbitration rules, regulations, and procedures of the Arbitration and Conciliation Act, 1996 then in effect. The arbitration will be held and the award deemed made in Rupees. The parties agree to be bound by the decision of the arbitrator and judgment upon the award rendered may be entered in any court having jurisdiction. The language shall be English, and the governing law shall be as specified in this part.

MISCELLANEOUS

Your affirmative act of using, accessing and testing the Platform constitutes your electronic signature to these terms which forms an Agreement between you and us and affirms your consent to enter into this agreement with us electronically.
If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the platform and/or services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features and such new features and/or services shall be subject to the terms and conditions of this Agreement.
If you breach any provision of these terms relating to intellectual property rights, there may not be an adequate remedy available solely at law; therefore, an injunction, specific performance or other form of equitable relief or monetary damages or any combination thereof may be sought by us, injured party to this Agreement
No failure or delay by the injured party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity.
The relationship between Parties shall be on principal-to-principal basis. Each Party is independent of each other and is not a legal representative, partner or agent of the other Party. Neither Party shall have any right, power or authority, whether express or implied, to create any obligation on behalf of the other Party.
We shall not be liable to the you or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control due to a Force Majeure Event. “Force Majeure Event” shall include without limitation shall mean any natural disaster, decrees of governmental bodies and actions such as storms, floods, other acts of God, pandemic, epidemic, lockdown, fires, explosions, riots, war or civil disturbances, strikes or other labour unrest, embargoes and other governmental actions or regulations which prevent or prohibit either party from performing the obligations under these Terms

CONTACT US

If you have any concerns, please feel free to contact us at info@artrekha.com

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Terms of service