Policies
TERMS & CONDITIONS
I. Acceptance of terms
1.
These terms of use ("Terms")
are created and set out by JSL Lifestyle
Limited, a company registered under the Companies Act, 1956 and having its
registered office at 48th
K.M., Stone Delhi Rohtak Road, Village - Rohad, Tehsil - Bahadurgarh, District
- Jhajjar, State - Haryana, Pin - 124507
and/or its affiliates, (hereinafter referred to as "JSLL", "we",
"us", "our"). These Terms govern the use of the website www.arttdinox.com
and any related mobile or software applications owned and operated by us, by "you" as a User (hereinafter
defined) in relation to the Services (hereinafter defined) provided
by us. You are requested to read and understand these Terms before you
proceed to use our Services.
2.
By agreeing to use the
Services of JSLL, you agree to be bound by these Terms and such conditions
which JSLL may, from time to time, require you to comply with for the purposes
of using the Services. This document is an electronic record in terms of
Information Technology Act, 2000 and rules thereunder as applicable and the
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. To the
extent applicable, you also agree to be bound by the terms of use issued by any
third party, whose services may be used by us in connection with our Services.
However, JSLL shall not be liable in any manner to you in relation to the terms
of use issued by such third parties. These Terms constitute a valid, binding
and enforceable legal contract between you and JSLL. You have the discretion
not to use the Services, and accordingly use of the Services by you, despite
having the right and power to not use, shall be construed as your unconditional
acceptance of the Terms. A User who uses the Services shall be presumed to be
legally capable of entering into a legal contract (such as being of the age
of 18 (eighteen) years or older etc.,) and capable of understanding the
Terms of Use and would be presumed to have voluntarily accepted the same.
These
Terms are intended to make you aware of your legal rights and responsibilities
with respect to your access to and use of the Arttd'inox Platform.
Please
read these Terms carefully. By accessing or using the Arttd'inox Platform, you
are agreeing to these Terms and concluding a legally binding contract with us.
In order to use the Services, you must first agree to the Terms. You can accept
the Terms by:
•
Clicking to accept or agree to the Terms, where it is made
available to you by Arttd'inox in the user interface for any particular
Service; or
•
Actually, using the Services and/or purchasing the Products on
the Arttd'inox Platform. In this case, you understand and agree that Arttd'inox will treat your use of the Services as acceptance of the Terms
from that point onwards.
By
impliedly or expressly accepting these Terms, you also accept and agree to be
bound by JSLL's policies (including but not limited to Privacy Policy (https://www.arttdinox.com/policies)
as amended from time to time.
1. "User" or
"You" or "Your" shall mean any natural or
legal person who has agreed to become a buyer on the Arttd'inox
Platform
by providing Registration Data while registering on the Arttd'inox Platform as registered user using the
computer systems. We do not allow the User to make purchases without
registering on the Arttd'inox Platform.
3.
"Products"
shall mean the products listed on Arttd'inox Platform
for sale.
4.
"Services"
your
access to and use of the Arttd'inox Platform including
but not limited to delivery of information via the Arttd'inox
Platform
whether existing now or in the future that link to the Terms.
III. General Understanding
1.
By accepting to use the Arttd'inox Platform, you shall
be eligible to avail the Services and purchase Products from the Arttd'inox Platform.
2.
Arttd'inox
shall list the
Products on Arttd'inox Platform along with its price. The User, once it accepts these
Terms, may use the Arttd'inox Platform to browse, select and place order
for purchase of the Products from time to time.
3.
Once the order for Products placed, Arttd'inox
shall indicate the
tentative delivery time on the Arttd'inox Platform and provide
the User with a functionality to check for updates on the status of the order.
The User shall be solely responsible to check for the availability of Products
and the price of the Products prevailing at the time of placing order.
IV. Eligibility to use
the Arttd'inox Platform
1.
You hereby represent and
warrant that you are at least eighteen (18) years of age or above and are fully
able and competent to understand and agree the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms.
2.
Compliance with Laws. You
are in compliance with all laws and regulations in the country in which you
live when you access and use the Arttd'inox Platform. You agree to use the Arttd'inox
Platform only in compliance with these Terms and applicable law, and in a
manner that does not violate our legal rights or those of any third party(ies).
JSLL may vary or amend or change or update
these Terms, from time to time entirely at its own discretion. You shall be
responsible for checking these Terms from time to time and ensure continued
compliance with these Terms. Your use of Arttd'inox Platform after any such
amendment or change in the Terms shall be deemed as your express acceptance to
such amended/changed Terms and you also agree to be bound by such
changed/amended Terms.
VI. Provision of the
Services being offered by Arttd'inox
1.
We, the software, or the
software application store that makes the software available for download may
include functionality to automatically check for updates or upgrades to the
software. Unless your device, its settings, or computer software does not permit
transmission or use of upgrades or updates, you agree that we, or the
applicable software or software application store, may provide notice to you of
the availability of such upgrades or updates and automatically push such
upgrade or update to your device or computer from time-to-time. You may be
required to install certain upgrades or updates to the software in order to
continue to access or use the Arttd'inox Platform, or portions thereof
(including upgrades or updates designed to correct issues with the Arttd'inox
Platform). Any updates or upgrades provided to you by us under the Terms shall
be considered part of the Arttd'inox Platform.
2.
You acknowledge and agree
that if JSLL disables access to your account, you
may be prevented from accessing the Arttd'inox Platform, your account details
or any files or other content, which is contained in your account.
3.
You acknowledge and agree
that while JSLL may not currently have set a fixed
upper limit on the number of transmissions you may send or receive through the Arttd'inox
Platform, JSLL may set such fixed upper limits at any
time, at JSLL 's discretion.
4.
JSLL
reserves the right to charge subscription and/or membership fees from a User,
by giving reasonable prior notice, in respect of any Product, Services or any
other aspect of the Arttd'inox Platform anytime in future.
You agree that you will not engage in any activity that
interferes with or disrupts the Arttd'inox Platform (or the servers and
networks which are connected to the Arttd'inox Platform). You shall not delete
or revise any material or information posted by any other User(s), shall not
engage in spamming, including but not limited to any form of emailing, posting
or messaging that is unsolicited.
1. You
shall not host, display, upload, modify, publish, transmit, update or
share any information which:
(a) belongs to another person and to which You
does not have any right to;
(b) is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
(c) is misleading in any way;
(d) is patently offensive to the online
community, such as sexually explicit content, or content that promotes
obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind
against any group or individual;
(e) harasses or advocates harassment of
another person;
(f) involves the transmission of 'junk mail',
'chain letters', or unsolicited mass mailing or 'spamming';
(g) promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third
party's rights [including, but not limited to, intellectual property
rights, rights of privacy (including without limitation unauthorized disclosure
of a person's name, email address, physical address or phone number) or rights
of publicity];
(i) promotes an illegal or unauthorized copy
of another person's copyrighted work (see 'Copyright complaint' below for
instructions on how to lodge a complaint about uploaded copyrighted material),
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
(j) contains restricted or password-only
access pages, or hidden pages or images (those not linked to or from another
accessible page);
(k) provides material that exploits people in
a sexual, violent or otherwise inappropriate manner or solicits personal
information from anyone;
(l) provides instructional information about
illegal activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of
another person (with a minor or an adult).
(n) tries to gain unauthorized access or
exceeds the scope of authorized access to the Platform or to profiles, blogs,
communities, account information, bulletins, friend request, or other areas of
the Arttd'inox Platform
or solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
(o) engages in commercial activities and/or
sales without Our prior written consent such as contests, sweepstakes,
barter, advertising and pyramid schemes, or the buying or selling of 'virtual'
products related to the Arttd'inox Platform.;
(p) solicits gambling or engages in any gambling
activity which We, in Our sole discretion, believes is or could be construed as
being illegal;
(q) interferes with another User's use and
enjoyment of the Arttd'inox Platform or any other User's enjoyment of similar
services;
(r) refers to any website or URL that, in Our
sole discretion, contains material that is inappropriate for the Arttd'inox Platform
or any other website, contains content that would be prohibited or violates the
letter or spirit of these Terms.;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright
or other proprietary rights or third party's trade secrets or rights of
publicity or privacy or shall not be fraudulent or involve the sale of
counterfeit or stolen products;
(u) violates any law for the time being in
force;
(v) deceives or misleads the addressee/Users
about the origin of such messages or communicates any information which is
grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer resource; or contains any trojan horses, worms,
time bombs, cancel bots, Easter eggs or other computer programming routines
that may damage, detrimentally interfere with, diminish value of,
surreptitiously intercept or expropriate any system, data or personal
information;
(y) 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.
(z) shall not be false, inaccurate or
misleading;
(aa) shall not, directly or indirectly, offer,
attempt to offer, trade or attempt to trade in any item, the dealing of
which is prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or
cause Us to lose (in whole or in part) the services of Our internet service
provider ('ISPs') or other suppliers;
2. You
shall not use any 'deep-link', 'page-scrape', '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 Arttd'inox Platform
or any content, or in any way reproduce or circumvent the navigational
structure or presentation of the Arttd'inox Platform or any content, to obtain or attempt
to obtain any materials, documents or information through any means not
purposely made available through the Arttd'inox Platform. We reserve our right to bar any
such activity.
3. You
shall not attempt to gain unauthorized access to any portion or feature of the
Arttd'inox Platform,
or any other systems or networks connected to the Arttd'inox Platform or to any server, computer, network,
or to any of the services offered on or through the Arttd'inox
Platform, by hacking, password 'mining' or any
other illegitimate means.
4. You
shall not probe, scan or test the vulnerability of the Arttd'inox Platform or any network connected to the
Arttd'inox Platform
nor breach the security or authentication measures on the Arttd'inox Platform
or any network connected to the Arttd'inox Platform. You may not reverse look-up, trace
or seek to trace any information on any other User of or visitor to Arttd'inox Platform,
or any other customer, including any account on the Arttd'inox Platform not owned by You, to its source, or
exploit the Arttd'inox Platform
or any service or information made available or offered by or through the Arttd'inox Platform,
in any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than Your own
information, as provided for by the Arttd'inox Platform.
5. You
shall not make any negative, denigrating or defamatory statement(s)
or comment(s) about Us or the brand name or domain name used by Us
including the terms Arttd'inox Platform, or otherwise engage in any conduct or action
that might tarnish the image or reputation, of Arttd'inox
or sellers on platform or otherwise tarnish or
dilute any Arttd'inox 's trade
or service marks, trade name and/or goodwill associated with such trade or
service marks, trade name as may be owned or used by us. You agree that You
will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Arttd'inox
Platform or Arttd'inox
's systems or networks, or any systems or
networks connected to Arttd'inox
6. You
agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Arttd'inox Platform
or any transaction being conducted on the Arttd'inox Platform, or with any other person's use of
the Arttd'inox Platform.
7. You may
not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any message or transmittal You send to Us on or through the Arttd'inox Platform
or any service offered on or through the Arttd'inox
Platform. You may not pretend that You are, or
that You represent, someone else, or impersonate any other individual or
entity.
8. You may
not use the Arttd'inox Platform or
any content for any purpose that is unlawful or prohibited by these Terms
of Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of JSLL and/or others.
9. You
shall at all times ensure full compliance with the applicable
provisions of the Information Technology Act, 2000 and rules thereunder as
applicable and as amended from time to time and also all applicable Domestic
laws, rules and regulations (including the provisions of any applicable Exchange
Control Laws or Regulations in Force) and International Laws, Foreign Exchange
Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales
Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of Our service and Your listing, purchase,
solicitation of offers to purchase, and sale of products or services. You shall
not engage in any transaction in an item or service, which is prohibited by the
provisions of any applicable law including exchange control laws or regulations
for the time being in force.
10. Solely to
enable Us to use the information You supply Us with, so that we are not
violating any rights You might have in Your Information, You agree to grant Us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights You have in Your Information, in
any media now known or not currently known, with respect to Your Information.
We will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Arttd'inox
Platform.
11. From time
to time, you shall be responsible for providing information relating to
the products or services if any proposed to be sold by You. In this connection,
you undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such products or
services so as to mislead other Users in any manner.
12. You shall
not engage in advertising to, or solicitation of, other Users of the Arttd'inox Platform
to buy or sell any products or services, including, but not limited to,
products or services related to that being displayed on the Arttd'inox Platform
or related to us. You may not transmit any chain letters or unsolicited
commercial or junk email to other Users via the Arttd'inox
Platform. It shall be a violation of these
Terms of Use to use any information obtained from the Arttd'inox
Platform in order to harass, abuse or harm
another person, or in order to contact, advertise to, solicit or sell to
another person other than Us without Our prior explicit consent. In order to
protect Our Users from such advertising or solicitation, we reserve the right
to restrict the number of messages or emails which a user may send to other
Users in any 24-hour period which We deem appropriate in its sole discretion.
You understand that We have the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Arttd'inox Platform)
as necessary to satisfy any law, regulation or valid governmental request. This
may include, without limitation, disclosure of the information in connection
with investigation of alleged illegal activity or solicitation of illegal
activity or in response to a lawful court order or subpoena. In addition, We
can (and You hereby expressly authorize Us to) disclose any information about
You to law enforcement or other government officials, as we, in Our sole
discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury.
We reserve the right, but have no obligation, to monitor
the materials posted on the Arttd'inox Platform. JSLL shall have 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 of Use. Notwithstanding this
right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST
ON THE Arttd'inox PLATFORM
AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does
not necessarily reflect Arttd'inox �s views. In no event shall JSLL assume or have any
responsibility or liability for any content posted or for any claims, damages
or losses resulting from use of content and/or appearance of content on the Arttd'inox Platform.
You hereby represent and warrant that You have all necessary rights in and to
all content which You provide and all information it contains and that such
content shall not infringe any proprietary or other rights of third parties or
contain any libelous, tortious or otherwise unlawful information.
13. Your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Arttd'inox Platform,
including payment and delivery of related products or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between You and such advertiser. We shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Arttd'inox Platform.
14. It is
possible that other users (including unauthorized users or 'hackers') may
post or transmit offensive or obscene materials on the Arttd'inox
Platform and that You may be involuntarily
exposed to such offensive and obscene materials. It also is possible for others
to obtain personal information about You due to your use of the Arttd'inox Platform,
and that the recipient may use such information to harass or injure You. We do
not approve of such unauthorized uses, but by using the Arttd'inox Platform
You acknowledge and agree that We are not responsible for the use of any
personal information that You publicly disclose or share with others on the Arttd'inox Platform.
Please carefully select the type of information that You publicly disclose or
share with others on the Arttd'inox Platform.
15. Arttd'inox shall have
all the rights to take necessary action and claim damages that may occur
due to your involvement/participation in any way on your own or through group/s
of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of
Services).
Ownership of Arttd'inox
Content and
Proprietary Rights
We are the sole and exclusive copyright owners of the Arttd'inox
Platform and our content posted on Arttd'inox Platform ('Content'). We also exclusively own the copyrights, trademarks,
service marks, logos, trade names, trade dress and other intellectual and
proprietary rights throughout the world (the "IP Rights") associated
with the Arttd'inox Platform and Content, which may be protected by copyright,
patent, trademark and other applicable intellectual property and proprietary
rights and laws. You acknowledge that the Arttd'inox Platform contain original
works and have been developed, compiled, prepared, revised, selected, and
arranged by us and others through the application of methods and standards of
judgment developed and applied through the expenditure of substantial time,
effort, and money and constitutes valuable intellectual property of us and such
others. You further acknowledge that the Arttd'inox Platform may contain
information which is designated as confidential by Arttd'inox and that you
shall not disclose such information without Arttd'inox 's prior written
consent.
You agree to protect Arttd'inox 's proprietary rights and the
proprietary rights of all others having rights in the Arttd'inox Platform
during and after the term of these Terms and to comply with all reasonable
written requests made by us or our suppliers and licensors of content or
otherwise to protect their and others' contractual, statutory, and common law
rights in the Arttd'inox Platform. You acknowledge and agree that Arttd'inox (or
Arttd'inox's licensors) own all legal right, title and interest in and to the Arttd'inox
Platform, including any IP Rights which subsist in the Arttd'inox Platform
(whether those rights happen to be registered or not, and wherever in the world
those rights may exist). Unless you have agreed otherwise in writing with Arttd'inox
nothing in the Terms gives you a right to use any of Arttd'inox 's trade names,
trademarks, service marks, logos, domain names, and other distinctive brand
features.
You agree not to use any framing techniques to enclose any
trademark or logo or other proprietary information of Arttd'inox or remove,
conceal or obliterate any copyright or other proprietary notice or source
identifier, including without limitation, the size, color, location or style of
any proprietary mark(s). Any infringement shall lead to appropriate legal
proceedings against you at appropriate forum for seeking all available/possible
remedies under applicable laws of the country of violation. You cannot modify,
reproduce, publicly display or exploit in any form or manner whatsoever any of
the Arttd'inox 's Content in whole or in part except as expressly authorized by
Arttd'inox
To the fullest extent permitted by applicable law, we neither
warrant nor represent that your use of materials displayed on the Arttd'inox Platform
will not infringe rights of third parties not owned by or affiliated with us.
Your License to Content
We grant you a personal, limited, non-exclusive and
non-transferable license to access and use the Arttd'inox Platform only as
expressly permitted in these Terms. You shall not use the Arttd'inox Platform
for any illegal purpose or in any manner inconsistent with these Terms. You may
use information made available through the Arttd'inox Platform solely for your
personal, non-commercial use. You agree not to use, copy, display, distribute,
modify, broadcast, translate, reproduce, reformat, incorporate into
advertisements and other works, sell, promote, create derivative works, or in
any way exploit or allow others to exploit any of Content in whole or in part
except as expressly authorized by us. Except as otherwise expressly granted to
you in writing, we do not grant you any other express or implied right or
license to the Arttd'inox Platform, Content or our IP Rights.
Any violation by you of the license provisions contained in this
Section may result in the immediate termination of your right to use the Arttd'inox
Platform, as well as potential liability for IP Rights infringement depending
on the circumstances.
IX. Privacy Policy
You represent that you have read understood and agreed to our
Privacy Policy (https://www.arttdinox.com/policies). Please note that we may disclose information about you to
third parties or government authorities if we believe that such a disclosure is
reasonably necessary to (i) take action regarding suspected illegal activities;
(ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal
process or other government inquiry, such as a search warrant, subpoena,
statute, judicial proceeding, or other legal process/notice served on us; or
(iv) protect our rights, reputation, and property, or that of our users,
affiliates, or the general public
X. Disclaimer of
warranties, limitation of liability, and Indemnification
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE ARTTD'INOX PLATFORM AND THE
PRODUCTS AND SERVICES IS PROVIDED "AS IS" AND "AS
AVAILABLE" AND THAT YOUR USE OF THE ARTTD'INOX PLATFORM SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARTTD'INOX, ITS
GROUP COMPANIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("ARTTD'INOX
PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE ARTTD'INOX PLATFORM INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ARTTD'INOX PARTIES MAKE NO
WARRANTIES OR REPRESENTATIONS THAT THE ARTTD'INOX PLATFORM AND THE PRODUCTS AND
SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR
ABOUT THE ACCURACY OR COMPLETENESS OF THE SAME AND ASSUME NO RESPONSIBILITY FOR
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ARTTD'INOX PLATFORM AND/OR
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE ARTTD'INOX PLATFORM, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE ARTTD'INOX PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ARTTD'INOX PLATFORM THROUGH
THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE ARTTD'INOX
PLATFORM AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ARTTD'INOX
PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE ARTTD'INOX
PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU
ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF THE ARTTD'INOX PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE ARTTD'INOX PLATFORM. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARTTD'INOX
OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THESE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING
BY ARTTD'INOX, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE
MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY
THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED
USER OF SUCH MARKS, NAMES OR LOGOS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE ARTTD'INOX PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE ARTTD'INOX PLATFORM INCLUDING MOBILE APP, AND/OR (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE ARTTD'INOX
PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM
THE ARTTD'INOX PLATFORM, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ARTTD'INOX
PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE ARTTD'INOX PARTIES ARE ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE
TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR
ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE
INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF
RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND
ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE ARTTD'INOX PLATFORM, AND/OR DELAY OR FAILURE
IN PERFORMANCE RESULTING FROM CAUSES BEYOND ARTTD'INOX'S REASONABLE CONTROL. IN
NO EVENT SHALL THE ARTTD'INOX PARTIES BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO,
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF
GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
Indemnification
You agree to indemnify, defend, and hold harmless the Arttd'inox
Parties from and against any third party claims, damages (actual and/or
consequential), actions, proceedings, demands, losses, liabilities, costs and
expenses (including reasonable legal fees) suffered or reasonably incurred by
us arising as a result of, or in connection with: (i) your unauthorized use of
the Arttd'inox Platform, or Products or Services included or advertised in the Arttd'inox
Platform; (ii) your access to and use of the Arttd'inox Platform; (iii) your
violation of any rights of another party; or (iv) your breach of these Terms,
including, but not limited to, any infringement by you of the copyright or
intellectual property rights of any third party. We retain the exclusive right
to settle, compromise and pay, without your prior consent, any and all claims
or causes of action which are brought against us. We reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us and you agree to cooperate with our defense of
these claims. You agree not to settle any matter in which we are named as a
defendant and/or for which you have indemnity obligations without our prior
written consent. We will use reasonable efforts to notify you of any such
claim, action or proceeding upon becoming aware of it.
XI. Payment
While availing any of the payment method(s) available on the Arttd'inox
Platform, we will not be responsible or assume any liability whatsoever in
respect to any loss or damage arising directly or indirectly to You due to:
Lack of authorization for
any transaction(s), or
Exceeding the present
limit mutually agreed by You and between 'Bank(s)',
Any payment issues
arising out of the transaction, or
Decline of transaction
for any other reason(s).
All payments made against the purchases/related services on Arttd'inox
Platform by You shall be compulsorily in Indian Rupees acceptable in the
Republic of India. The Arttd'inox Platform will not facilitate transactions in
any other form of currency with respect to the purchases made on Arttd'inox
Platform. Arttd'inox uses a third-party service provider to facilitate and
collect payments ('Payment Facility') and Arttd'inox is not liable or
responsible for any issue between You and such third-party service provider.
Before shipping/delivering your order to You, the Arttd'inox may
request You to provide supporting documents (including but not limited to
government-issued ID and address proof) to establish the ownership of the
payment instrument used by You for your purchase. This is done in the interest
of providing a safe online shopping environment to Our Users.
You have specifically authorized the service providers of Arttd'inox
to collect, process, facilitate and remit payments and/or the Transaction Price
electronically or through Cash on Delivery to and from other Users in respect
of transactions through the Payment Facility. Your relationship with Arttd'inox
is on a principal to principal basis and by accepting these Terms of Use You
agree that Arttd'inox is an independent contractor for all purposes, and does
not have control of, or liability for, the products or services that are listed
on Website that are paid for by using the Payment Facility.
Payment
Facility for User
You, as a Buyer/User, understand that upon initiating a
Transaction You are entering into a legally binding and enforceable contract
with the Arttd'inox to purchase the products and/or related services from the Arttd'inox
using the Payment Facility, and You shall pay the Transaction Price through
Your Issuing Bank to the Arttd'inox using the Payment Facility.
You, as a Buyer/User, may agree with the Arttd'inox through
electronic communication and electronic records and using the automated
features as may be provided by the Payment Facility on any extension/increase
in the Dispatch and/or Delivery time and the Transaction shall stand amended to
such extent. Any such extension/increase of Dispatch/Delivery time or
subsequent novation/variation of the Transaction should be in compliance with
Payment Facility Rules and Policies.
You, as a Buyer/User, shall electronically notify the Payment
Facility using the appropriate Arttd'inox Platform features immediately upon
Delivery or non-Delivery within the time period as provided in Policies.
Non-notification by You of Delivery or non-Delivery within the time period
specified in the Policies shall be construed as a deemed Delivery in respect of
that Transaction. In case of Cash on Delivery transactions, the User is
required to confirm the receipt of products or services.
You, as a Buyer/User, understand that the Payment Facility may
not be available in full or in part for certain categories of products and/or
services and/or Transactions as mentioned in the Policies and hence You may not
be entitled to a refund in respect of the Transactions for those products
and/or services
Except for Cash on Delivery transactions, refunds, if any,
shall be made at the same Issuing Bank from where Transaction Price was
received.
For Cash on Delivery transactions, refunds, if any, will be
made via NEFT transfers to the accounts provided by the User (as per
registration details provided by the User).
Refunds shall be made in Indian Rupees only and shall be
equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refunds shall be made through the
source payment gateway by which the payment was made by User or any other
manner as may be required by applicable law.
Refunds shall be conditional and shall be with recourse
available to Arttd'inox in case of any misuse by the User.
Refund shall be subject to the User complying with Policies of
the Arttd'inox as informed from time to time.
4. Arttd'inox reserves
the right to impose limits on the number of Transactions or Transaction Price
which Arttd'inox may receive on an individual Valid Credit/Debit/Cash Card,
Valid Bank Account and such other infrastructure, or any other financial
instrument directly or indirectly through the Payment Facility, payment
aggregator or through any such facility authorized by Reserve Bank of India to
provide enabling support facility for collection and remittance of payment or
by an individual User during any time period, and reserves the right to refuse
to process Transactions exceeding such limit.
5. Arttd'inox reserves
the right to refuse to process Transactions by Users with a prior history of
questionable charges including without limitation breach of any agreements by
the User with Arttd'inox or breach/violation of any law or any charges imposed
by Issuing Bank or breach of any policy.
6. Arttd'inox may do such
checks as it deems fit before approving the receipt of/Users commitment to pay
(for Cash on Delivery transactions) Transaction Price from the User for
security or other reasons at the discretion of Arttd'inox. As a result of such
checks, if Arttd'inox is not satisfied with the creditability of the User or
genuineness of the Transaction/Transaction Price, it will have the right to
reject the receipt of/the User's commitment to pay Transaction Price.
XII. Termination of
your access to the Arttd'inox Platform
We may terminate your use of the Services and deny you access to
the Arttd'inox Platform in our sole discretion for any reason or no reason,
including your: (i) violation of these Terms; or (ii) lack of use of the Arttd'inox
Platform. You agree that any termination of your access to the Arttd'inox
Platform may be affected without prior notice, and acknowledge and agree that
we may immediately deactivate or delete your account and all related
information and/or bar any further access to your account or the Arttd'inox
Platform. If you use the Arttd'inox Platform in violation of these Terms, we
may, in our sole discretion, retain all data collected from your use of the
Services. Further, you agree that we shall not be liable to you or any third
party for the discontinuation or termination of your access to the Arttd'inox
Platform.
XIII. Cookies
In order to improve our Internet service to You, we will
occasionally use a "cookie". A cookie is a small amount of data that
our web server sends to your web browser when you visit certain parts of our Arttd'inox
Platform. We use cookies to assist our understanding of your interest in our Arttd'inox
Platform and to store and maintain user preferences. A cookie is not a computer
program it cannot read data from your computer, perform any action on your
data, or embed any commands in your computer. While cookies are used to
identify repeat visitors to a website, they do not contain any personally
identifying information about you, such as your name, e-mail address, user ID,
or password.
Cookies cannot gather any personal information about you
other than information you provide voluntarily, such as the information you
enter if you choose to register on the Arttd'inox Platform.
Most browser software lets you decide whether or not you
want to allow cookies to be created. You can set your browser to notify you
when a website sends a cookie to your computer. Most browsers also provide a
way for you to remove cookies from your computer. If you tell your browser to
deny cookies while you are visiting the Arttd'inox Platform, visit will be
terminated for your protection.
Interpretation:
The section and subject
headings in these Terms are included for reference only and shall not be used
to interpret any provisions of these Terms.
Entire Agreement and Waiver:
The Terms, together with the
'Privacy Policy' and 'Guidelines and Policies', shall constitute the entire
agreement between you and us concerning the Services. No failure or delay by us
in exercising any right, power or privilege under the Terms shall operate as a
waiver of such right or acceptance of any variation of the Terms and nor shall
any single or partial exercise by either party of any right, power or privilege
preclude any further exercise of that right or the exercise of any other right,
power or privilege.
Severability:
If any provision of these
Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any
reason, then that provision shall be deemed severed from these Terms, and the
remainder of the Terms shall continue in full force and effect.
Partnership or Agency:
None of the provisions of
these Terms shall be deemed to constitute a partnership or agency between you
and Arttd'inox and you shall have no authority to bind Arttd'inox in any form
or manner, whatsoever.
Governing Law/Waiver:
These Terms shall be governed by the laws of India. The Courts
of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes
arising under this agreement.
For all Users: YOU MUST COMMENCE ANY
LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY
OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY
CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE,
NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN
THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE
TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR
PROVISION.
Carrier Rates may Apply:
By accessing the Arttd'inox Platform through a mobile or other device, you may be
subject to charges by your Internet or mobile service provider, so check with
them first if you are not sure, as you will be solely responsible for any such
costs incurred.
Linking and Framing:
You may not frame the Arttd'inox Platform. You may link to the Arttd'inox Platform, provided that you
acknowledge and agree that you will not link the Arttd'inox Platform to any website containing
any inappropriate, profane, defamatory, infringing, obscene, indecent, or
unlawful topic, name, material, or information or that violates any
intellectual property, proprietary, privacy, or publicity rights. Any violation
of this provision may, in our sole discretion, result in termination of your
use of and access to the Arttd'inox Platform
effective immediately.
