This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures
The domain name www.emorart.com
) is owned and operated by EmorArt Ecommerce Private Limited (“Company”, “EmorArt”
) a Private limited Company registered under the provisions of the Comapanies Act 2013, and having its registered office at No.343, 2nd Floor, 9th Main, 7th Sector, HSR Layout, Bangalore - 560102, Karnataka, India., where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
, wherever the context so requires,
The term ‘You’ ‘Your’&‘User’ ‘Buyer’ shall mean any legal person or entity accessing ,using the services or purchasing Products provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
The terms ‘We’, ‘Us’& ‘Our’ shall mean the Website and/or the Company, as the context so requires.
The term ‘Products’ shall mean those works of art listed for sale on the Website by the Company, including but not limited to Paintings and Digital Prints.
The terms ‘Artists’ shall mean and refer to those persons who list and sell works of art on the Website.
The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
The User continues to access and use the Website; or
The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 15, 16, 17, 20 & 22 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Products offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.
- ONLINE PLATFORM
The Website provides a service for selling and purchasing original works of art and commercially exploiting digital images of works of art. The Company has created an online platform connecting Artists and buyers. The various products listed on the Website include but are not limited to oil paintings, digital prints of original paintings, and digital prints of photographs. The Company is in the business of trading, marketing, supplying and dealing in direct marketing, e-commerce, sales through internet applications, and act as producers, processor, importer, exporter, buyers, Artists, re-artists, stockiest, agent, exchange providers, distributers, Commissioning agent, forwarding agent, general brokers, packers, representatives, and organizers of sales and marketing of all kinds of artworks, antiques, paintings, rare historical products, durable, consumable and other products and all kinds of goods, products, commodities and services by establishing marketing networks either through internet or otherwise to manufacturers, artists, distributors and dealers of all kinds of products , goods and art work and company is not going to carry out any multilevel Marketing / Network Marketing.
- MODE OF OPERATION
Buyers can browse through the variety of artwork offered for sale on the Website and can place an order for any Product which he/she intends to purchase. The Company shall procure the painting from the Artists, get the necessary certification done, and ship the Product to the Buyer. Buyers can also request for framing of paintings. EmorArt shall frame the particular Product and then ship it to the Buyer. The shipping of the Products shall be provided through reputed courier companies. After placing an order, if the Buyer wishes to cancel the order if the order, the Customer shall send an email to email@example.com
with order details that need to be cancelled with a reason. We will gladly credit Your bank account with the order amount for Your next purchases.
To fully avail the services of the Website and use of it, registration is required. In order to purchase Products from this Website, You are required to register Yourself by providing the following information which inter alia includes Name, Gender, Date of Birth, Current Address, User Name, Password, Email ID, Mobile Number, Address for shipping. Users who register with EmorArt can purchase the listed Products from the Website.
Registration for this website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and EmorArt Ecommerce Private Limited reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to firstname.lastname@example.org
with the subject [Stop Promotions]. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
The browsing of the Website by the User is free of cost. The User is only required to pay for the Products purchased from the Website. The Prices for Products will be as specified on the applicable listing. Products are displayed on site with price are inclusive of all taxes. The total amount payable for the Products shall be displayed on the checkout page, which will be inclusive of all taxes and shipping and handling charges.
- MODE OF PAYMENT
After the User has negotiated the price for the Products and confrimed the Products he wishes to purchase, the User will be asked for their contact information, as well as payment related information for the money transaction. To process such financial transactions, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
The Company accepts the following modes of payment:
Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
Visa Debit cards issued by domestic banks and those which are acceptable by the ESP;
Net banking/Direct Debit payments from select banks in India;
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or the Amex Safekey to complete the transaction.
To place a valid order on the Website, the User is required to complete the transaction, including making payment for the Product opted for. Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or credit card Partnership. It is at this stage that the User’s order is successfully placed. Thereafter, the Products purchased by the User will be activated based on successful completion of verification of information furnished by the user. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of EmorArt Ecommerce Private Limited. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By placing an order on the site, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated Websites where reference to such affiliated Websites has been specifically made. However, subject to development of the mode of payment the payment gateway might change.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company/Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- RETURN AND REFUND POLICY
In case of physical damage of products delivered, please intimate us over a call or write to us immediately at email@example.com. Under no other circumstances returns will be accepted. Your purchase is protected by PayUmoney's Buyer Protection program, read more at https://www.payumoney.com/buyerprotection.html
- USER OBLIGATIONS
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
Agrees and acknowledges that EmorArt is not the Artist of the Products and the Company shall in no manner be deemed to be the Artist of the Products on this Website. EmorArt is only facilitating purchase of the Products by You from the Artists by providing the Services to You.
Agrees that EmorArt may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
Agrees to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card.
Agrees to show a valid proof of ID and ID number in order to collect the goods delivered by the logistics partner.
Agrees and understands that all items purchased from the Website are made pursuant to a shipment contract which means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Agrees that he hereby grants rights to EmorArt to use its Intellectual Property on the Website in relation to the requirements posted by the User(s) on www.EmorArt.com.
Agrees that the quality of any prints we produce depends on the quality of the original digital photos or image files.
Is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
Agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 14 hereinbelow. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the Products displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their Products through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
Further undertakes not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Publish, post, disseminate, any information which 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 under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other Buyer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites/Application or any affiliated or linked Websites;
Collect or store data about other users of the Website
Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
Violate any code of conduct or guideline which may be applicable for or to any particular Product offered on the Website;
Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Threaten 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 prevent the investigation of any offence, or insult any other nation.
Publish, post, or disseminate information that is false, inaccurate or misleading;
Directly or indirectly offer, attempt to offer, trade, or attempt to trade, 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.
Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
Engage in advertising to, or solicitation of, other users of the Website to buy or sell any Products not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website or through any other internet based platform infringing the reputation of the company or its Products.It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the expresss prior written consent of the Company.
The User expressly understands and agrees the following.
In order to generally use and browse through the Website, You need not be a Registered User. However, certain parts or sections of the Website demand you to register. If registration is required, You agree to provide us with accurate and complete registration information.
It is the sole responsibility of the user to inform Company of any changes to that information.
Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
You are responsible for maintaining the confidentiality of your account credentials.
You shall be responsible for all uses of your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.
When a user registers on the Website, You will be asked to provide us with certain information including, without limitation, Your name, username, contact number, date of birth, gender, and a valid email address.
Any attempt by the User to use fake/stolen Credit and Debit Cards will result in the blocking of the User’s account by the Company.
The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
- COMMUNICATION WITH USER
When the user or consumer decides to contact the Company they can do so by through Phone or email and gives consent so that the Company can contact the consumer. Company shall send notifications to consumers through email, SMS notification feature to inform about current promotional offers and discounts. User/Consumer shall contact the Company for any Product related queries through Phone or email.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/ terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
If the User is in breach of any of these Terms or the Policy;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its parent, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Products or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is aware that the Product sold are creations of their respective owners, and all intellectual property, including but not limited to copyrights, relating to said Products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to the Website/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned Products are listed for sale to the Users of the Website, and neither the Company nor the Website owns any of the intellectual property relating to the Products displayed on the Website.
The copyright or any other Intellectual Property Rights subsisting or which subsequently subsists in all paintings, drawings, prints, designs, programmes or any other material prepared by the Artists whether readable by humans or by machines shall belong to the Artists or EmorArt absolutely and they shall not be reproduced or disclosed or used in their original or translated form by the Buyer without the Artist’s or the Website’s written consent for any purpose other than that for which they were furnished. EmorArt shall contact the Artist to obtain any such permission sought by the Buyer.
The Website accepts no responsibility for the accuracy and authenticity of drawings, patterns or specifications supplied by the Artists. The Buyer shall indemnify the Artist and EmorArt against all claims whatsoever for damages and costs and against all liability in respect of any infringement of patent or other intellectual property rights resulting from compliance with the Buyer’s instructions express or implied and the Buyer will fully indemnify the Artist and EmorArt against any liability in respect thereof and shall pay all costs and expenses which may be incurred by the Artist and EmorArt in reference to any such claim.
We at EmorArt respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at firstname.lastname@example.org
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
DISLAIMER OF WARRANTIES AND LIABILITIES
Except as otherwise expressly stated on the Website, all Products offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
All commercial/contractual terms are offered by and agreed between the User and the Company alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, and other services related to Products.
The Company/Website is not responsible for any non-performance or breach of any contract entered into between Users and Artists. The Company/Website shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Artists.
The Company/Website does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website. The Company/Website does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Website.
All works are original works of art other than those that have been clearly marked as reproductions, or prints are original works of art and have been certified so by the Artist and are so certified by EmorArt in good faith. However in case it coming to light that a certain work of art is a copy of another existing work, EmorArt disclaims any liability for the same.
The User understands and agrees that EmorArt uses commercially reasonable efforts to display the colors of original works of art, digital works and printed works accurately via the Site and Services. However, because individual computer monitors may display colors differently, EmorArt is not responsible for the color accuracy of any Products displayed on the Site and Services, and disclaims all liability in this regard.
The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any Product listed on the Website, or accessing/using any information displayed thereon.
The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, Artists or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website.
The User is solely responsible for the security and confidentiality of his/her credit/debit card details. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
The Company/Website shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by EmorArt with our acquiring bank from time to time.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
If any Artist lists Original Works of Art or Printed Workson the Website, he/she shall hereby appoint EmorArt as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Site and Services and you hereby grant EmorArt 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 Original Work of Art Sales via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting EmorArtArt, the Site and the Services. The Artist acknowledges and agrees that the foregoing license rights are granted on a royalty-free basis.
The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore in the state of Karnataka, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due/Speed Post Acknowledgement Due (RPAD / SPAD).
Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.