This document contains the rules, regulations, policies, agreement and terms and conditions (“T&C“) applicable to any person who may access or use www.artyowl.com (“Website“) any subdomains, webpages or extension of the Website. The T&C has been prepared in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“Rules“) which requires publishing the rules and regulations, privacy policy and user agreement for access or usage of Website. The T&C for the use of (“ArtyOwl“), as set out hereunder is an electronic record as per the provisions of Information Technology Act, 2000 read with the Rules thereunder, as may be applicable and amended from time to time.
ArtyOwl.com provides an online market platform to the skilled curators, creative entrepreneurs and artists (“Vendors“) and enables the Vendors as per the terms and conditions of the Vendor Agreement (incorporated herein by reference) to sell their artwork, art wares, artifacts, crafted, customized, ethnic products (“Products“) to the buyers (“Buyers“) registered with the Website subject to the T&C and the Privacy Policy. The Vendor and the Buyer shall be collectively referred as the “User“.
By visiting the Website, confirming, listing the Products and/or placing an Order, the User acknowledges that the User has carefully read, understood, agreed, accepted and shall be bound by the T&C. The T&C is generated by a computer system and does not require any physical or digital signatures.
Eligibility: The services provided by the Website to the User are subject to the applicable law andArtyOwl.com has no reason to believe that the contracting party is not eligible to enter into a valid contract under Indian Contract Act, 1872.
Registration: By registering with ArtyOwl.com, the User agrees to provide complete, correct, accurate and recent information, as may be required. The User shall be required to fill in the Registration Form, in order to register with ArtyOwl.com. The User shall keep the account updated and shall immediately inform about any breach of security or unauthorized access of the account. The User shall be solely responsible to maintain confidentiality of the account, password and all transactions carried out through the Users’ account. ArtyOwl.com, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of the username, password or transaction details.
Buyer Registration: Registration with ArtyOwl.com is free of charge for the Buyer.
Vendor Registration: Besides registering with ArtyOwl.com, the Vendor is also required to visit the Vendor Registration page on the Website and comply with the other formalities as set out therein.ArtyOwl.com may offer listing, packing, courier, warehousing, and other value added services to the Vendors and Vendors may avail any of the services by agreeing to comply with the terms and conditions set out in relation to Vendor Agreement.
Access to Website: If the User provides any information that is untrue, inaccurate, not current, incomplete or in the event ArtyOwl.com has reasonable grounds to deduce that the information shared by the User with ArtyOwl.com is untrue, inaccurate, not current, incomplete, or not in accordance with the T&C, ArtyOwl.com reserves the right to indefinitely suspend or terminate or block the use or access by the User of the Website in any manner whatsoever.
Purpose: The User agrees that the sole purpose of registering or using the Website is to buy or sell the Products, as may be listed on the Website from time to time.
Listing: The Buyer is aware that the Products are listed by the Vendor and a listing may end if another buyer purchases the Product, or the Vendor who has made the listing chooses to end the same or if the listing expires after a stipulated period of time. At no time any right, title or interest over the Product vest with ArtyOwl.com nor shall ArtyOwl.com have any obligations or liabilities in respect of Products. ArtyOwl.com is not responsible for unsatisfactory or delayed performance of the Vendor or damages or delays as a result of items being out of stock back ordered or otherwise unavailable. All items offered by the Vendors are only for a restricted time and only for the available supply as offered by the Vendor.
As is basis: ArtyOwl.com makes available the listing of the Products on the Website and other services through the suppliers, affiliates and service providers and service partners on “as is” basis and without any warranty or condition, express, implied or statutory. ArtyOwl.com does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of its users. ArtyOwl.com has not verified the veracity of the credentials of the User or the authenticity of the listing and shall not be liable in any manner whatsoever for the Transaction between the User. The User is advised to use its best judgment and independently verify the bona fides of any particular party that you may choose to deal with on the Website.
Order: The Buyer may browse and select the items for the various categories of Products listed on the Website. The User may then purchase the selected items by placing an order (“Order“) on the Website and by making the payment along with the charges for the transaction (“Transaction“).
Payment: For the purposes of buying and/or selling any Product listed on the Website, the User agrees and undertake not to make or receive payments in any manner other than as provided, without the prior consent of the ArtyOwl.com. Payments for the Products on the Website, at the option of the relevant Vendor, can be made by way of:
• Payment on Billing which can be made through credit card payment or by depositing cash, cheque, demand draft in the bank account of ArtyOwl.com
or
• Payment on Delivery wherein payment shall be made only by cash on delivery.
Charges: The User shall pay the service tax, insurance, other taxes, charges, fees and expenses as may be applicable, from time to time (“Charges“) for the Products. The Charges shall vary depending upon different variety of the Products. ArtyOwl.com reserves the right to charge a differential amount and to increase charges but such increase shall not affect an order whichArtyOwl.com has confirmed with User, unless such charges are levied by the governmental authorities or resulting due to the reasons not attributable to ArtyOwl.com.
Electronic Payment: The Buyer agrees and undertakes to make payment as per the option exercised at the ‘Payment’ section. The Buyer confirms that all credit card details provided by the Buyer for making payment will be correct and accurate and that the Buyer shall not use credit cards that are not lawfully owned by the Buyer. ArtyOwl.com shall not utilize Buyer’s payment information for any purpose other than for payment of charges and such information shall not be shared byArtyOwl.com with any third party unless required by law, regulation, order of court or as per the Privacy Policy. The User acknowledges and accepts that the User has specifically authorizedArtyOwl.com, directly or through the payment partners to collect, process, facilitate and remit payments and/ or the transaction price by Payment on Billing or Payment on Delivery, as the case may be, in respect of the Orders.
Refund & Return: Any claim for return of the Product or refund of any Payment made for the Order, for any reason whatsoever, shall be as per the Return, Refund and Cancellation Policy as set out at the Website and shall be to the account of the Vendor. ArtyOwl.com shall not be responsible in any manner whatsoever for Return, Refund and Cancellation or the Payment or the charges associated with the same. The Buyer is aware that ArtyOwl.com is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Payment, by providing the modes of Payment to the Buyer.
Refusal of Order: ArtyOwl.com reserves the right to refuse an order (i) based on its availability, (ii) which exceeds the volume limit on such transactions, (iii) which is in breach of the T&C, or (iv) which is in violation of any applicable law. Further no claim for damages shall arise against ArtyOwl.com by the User in such circumstances.
Delivery: When the User purchases a Product listed at ArtyOwl.com,the delivery of the ordered Product shall be made by the delivery partners (“Delivery Partner“). The Delivery Partner shall make one attempt to deliver the package to the destination indicated at the time of placing the order (“Delivery Point“). In case, of a failure to deliver, the Delivery Partner shall intimate it to the Buyer and as indicated to the Buyer make another attempt to deliver the ordered Product at the Delivery Point or attempt to deliver the ordered Product to the alternative delivery address in the vicinity (“Alternative Delivery Point“), as indicated by the Buyer. In the event, the Buyer is unable to provide Alternative Delivery Point within the time as may be indicated by the Delivery Partner or fails to pick-up the ordered Product from the warehouse of the Delivery Partner within 7 Days, the Delivery Partner will return ordered Product to ArtyOwl.com.
Undelivered Products: On the receipt of the undelivered Product, ArtyOwl.com will intimate the same to the Buyer and based on the request of the Buyer arrange to re-deliver the Product to the Buyer at such additional cost and Charges as shall be indicated by ArtyOwl.com to the Buyer. In the event, ArtyOwl.com does not receive any response from the Buyer within 7 Days from the date of failed attempt to deliver the ordered Product at the Delivery Point or the Alternate Delivery Point, as the case may be, ArtyOwl.com shall be free to dispose of the ordered Product, as it may deem fit.
Limit on volume of Transactions: ArtyOwl.com reserves the right to limit the volume of the Order that may be placed on a single User account by the Buyer and may refuse to process such Orders exceeding such limits while making the payment for the Order.
User’s Obligations: The User agrees and undertakes not to host, display, modify, publish, update or share any information or list a Products or any item that (i) is harmful, blasphemous, defamatory, obscene, pornographic, libelous, hateful or radically objectionable; (ii) unlawful, threatening, harassing including but not limited to indecent representation of women within the meaning of the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (iii) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (v) contains any virus, worms, malware or any computer program of any nature whatsoever which may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or Information; (vi) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insults any other nation; (vii) is false, inaccurate or misleading; (viii) 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; (ix) give rise to any liability on part of the Website orArtyOwl.com or cause any hindrance (in whole or in part) with respect to the services of ISP or other logistics or service partnerof the Website or ArtyOwl.com; (x) link directly or indirectly to or include descriptions of items which is in violation of Child and other Labour laws, Drugs and Cosmetics Act, 1940, Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act, 2000 and such other applicable laws and rules thereunder, as may be amended from time to time.
Limitation of Liability: The User is aware that ArtyOwl.com is an e-market place. The User acknowledges that ArtyOwl.com has not verified the bona fides of the User and the Registration of the Vendor and the Buyer is on ‘as is’ basis. ArtyOwl.com simply facilitates the Vendors to display the Products on the Website and provides the Buyer with an opportunity to purchase the Products listed by the Vendor on the Website. ArtyOwl.com at no point of time owns the Products listed on the Website and ArtyOwl.com,its associate, affiliates, service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness of any content, information, error free and/or uninterrupted services, software, text, graphics, links or communications provided on or through the use or operation of the Website or that of the logistics partner. ArtyOwl.com provides no guarantee to the Buyer in respect of the Products listed or sold on the Website. Consequently, ArtyOwl.com assumes no liability whatsoever for any monetary loss or other damage suffered by the Buyer on account of delay or failure of delivery, interruption, or corruption of any data or other information transmitted in connection with use or operation of the Website or the logistics partner.
Confidentiality and Privacy: ArtyOwl.com understands the importance and confidentiality of the Information shared by the User with the Website. Considering the personal and sensitive nature of the Information, the User may share with ArtyOwl.com,ArtyOwl.com has created the Privacy Policy which can be accessed at the section ‘Privacy Policy’
Intellectual Property Rights: ArtyOwl.com gives a limited right to the User to buy and sell a Product other than this limited right to use the Website, ArtyOwl.com retains all right, title and interest in intellectual property and proprietary rights of the Website
Proprietary Information: The User agrees and acknowledges that all data provided on the Website, including and not limited to all software information, electronic and printed media, contained copyrighted materials, logos, registered trademarks, trade secrets, patent related materials and other proprietary intellectual property are the proprietary assets of ArtyOwl.com. They are protected by copyright, trade secret, patent laws and other proprietary rights and laws, and they may only be used or accessed otherwise than, as specifically provided for, in the T&C. User shall not re-distribute or re-publish any content from the Website without the express written consent of the ArtyOwl.com
Protection of Proprietary Information: The User agrees that it will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in the Website. The User shall not otherwise attempt to transfer any right in the Website (which includes its software, design and content), create derivative works based on it or in any manner commercially exploit the Website in whole or in part. The User agrees that any violation, of these copyrights, trade secrets, patents, other intellectual property protections or the T&C will lead to prosecution under the Indian Laws.
Indemnity: The User agrees to defend, indemnify and hold harmless ArtyOwl.com, its affiliate, the suppliers, service providers, service partners and their respective officers, directors, employees, agents and representatives from any and all claims arising out of the breach of any of the T&C by the User.
External Links: ArtyOwl.com may link the User to other web sites or information, software data or other contents, on or off the Internet. ArtyOwl.com does not control, endorse or review the content of these sites, and ArtyOwl.com shall not be responsible for such content.
Fitness of the e-portal: The User shall remain fully and solely responsible for evaluating the fitness for the purpose of any downloads, programs and text available through ArtyOwl.com and for visiting the Website or any External Links. ArtyOwl.com shall not be liable to the User for damage caused by the computer, computer software, programs, files or data thereon or any other direct or indirect, consequential and incidental damages suffered by accessing the Website or External Links.
Withdrawal of Consent: In the event, the User does not intend to continue with the use of the Website, the User in such scenario can unsubscribe by accessing the ‘unsubscribe’ link. Pursuant to such a request from the User, ArtyOwl.com shall as per its Privacy Policy, delete the Information of the User from the Website, in which case the User will no longer be able to access certain features ofArtyOwl.com
Force Majeure: Neither ArtyOwl.com nor its affiliates, suppliers, service providers or service partners shall be liable for any failure to perform any obligation due to an event beyond the control of such party resulting from a direct and immediate consequence of any Act of God, riot, civil unrest, earthquake, flood, terrorism, war, act of civil or military authority, or any other natural or man-made eventuality outside control of the parties and which could not have been reasonably foreseen. No claims whatsoever on account of the same shall be entertained by ArtyOwl.com
Relation: The Website is only a platform where the Vendor and the Buyer interact with each other on a principal-to-principal basis. The pricing, shipping costs, payment terms, payment methods, date, period and mode of delivery, warranties related to Products listed for sale are in accordance with such obligations and based on bipartite contractual obligations between the Vendor and the Buyer.ArtyOwl.com does not involve itself in the offer or acceptance of such commercial and/or contractual terms between the Vendor and the Buyer. Further, the relationship between the User and the Website is that of an independent party, and nothing herein constitutes or creates any employment, agency, distributorship, franchise, joint venture, partnership or other similar legal relationship between the parties. Neither party shall have any right or authority to act on behalf of or to bind the other nor shall any party represent that it has such right or authority.
Severability: The invalidity or unenforceability of any provision shall not affect any other part of the T&C, and such invalid or unenforceable provisions shall be severed or stands modified to give effect to the provisions of other T&C.
Arbitration: Any dispute or difference arising between ArtyOwl.com and the User as to the meaning or interpretation of provisions of the T&C or as to any claim by one party against the other arising from use of the Website shall be referred for arbitration to a sole arbitrator appointed byArtyOwl.com. The arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be conducted at Mumbai. The language of arbitration shall be English. The arbitration award shall be binding and conclusive in nature.
Governing Law: The T&C shall be governed by laws of India.
