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Terms of Use

Last updated: 25th May, 2016

Welcome to Artvault.co.in (the “Site”)

THESE WEBSITE TERMS OF USE (“TERMS OF USE”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND ARTVAULT (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND ARTVAULT FOR THE USE OF THE SERVICES (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE SERVICES.

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT (“YOU” or “YOUR” or “YOURSELF” or “USER”) AND ARTVAULT TECHNOLOGIES PRIVATE LIMITED. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND POLICIES FOR EACH SERVICE YOU REGISTER FOR OR USE IN CONNECTION WITH THE SITE.

As used in this Agreement, “we,” “us,” and “Artvault” means ArtVault Technologies Private Limited. Capitalized terms have the meanings listed below:

“Affiliate” means with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with such entity.

“ArtVault Associated Properties” means any website or other online point of presence, other than the ArtVault Site, through which any ArtVault Site, or products or services available thereon, are syndicated, offered, merchandised, advertised or described.

“ArtVault Refund Policies” means the return and refund policies published on the ArtVault Site.

“ArtVault Site” means www.artvault.co.in

“ArtVault Transaction Information” means, collectively, Order Information, and any other data or information acquired by you or your Affiliates from ArtVault or its Affiliates, or otherwise as a result of the Agreement, the transactions contemplated hereby or the parties’ performance hereunder.

“Business Days” means any day of the week (excluding Sundays and public holidays) on which commercial banks are open for business in New Delhi, India

“Content” means copyrightable works and other content protected under applicable Laws.

“Estimated Ship Date” means, with respect to any of Your Products, either: (a) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for Your Product on the ArtVault Site; or (b) if you do not specify shipping availability information in such inventory/product data feed or Your Product is in a product category that ArtVault designates as requiring shipment within two (2) days (excluding Sundays and public holidays), 2 days (excluding Sundays and public holidays) after the date on which the relevant order is placed by the customer.

“Excluded Offer” means any discount, rebate, promotional offer, or other term of offer and/or sale that you: (a) have attempted to make available through the ArtVault Site but that we do not honour or support (but only until such time as we honour or support the same on the ArtVault Site); or (b) make available solely to third parties that either (i) purchase products solely for resale and who are not end users of such products (i.e., wholesale purchasers), or (ii) have affirmatively elected and opted in to participate in your and/or one of its affiliates’ membership based customer loyalty or customer incentive programs.

“Excluded Products” means any products or other items set forth in the excluded products list for the ArtVault Site or any other ArtVault Policy that applies to your use of a Service, and any other products or other items that in ArtVault’s sole discretion are not supported for a Service.

“Intellectual Property Rights” means any patent, copyright, Trademark, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.

“Law(s)” means any law, ordinance, rule, regulation, order, licence, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental authority of competent jurisdiction.

“Local Currency” means Indian Rupees (INR).

“Order Information” means, with respect to any of Your Products sold through the ArtVault Site, the order information and shipping information that we provide or make available to you.

“Products means works of art including but not limited to handmade items, handicrafts, canvas, artefacts, paintings, digital art, mixed media, potteries and other items of such nature

“Person” means any individual, company, corporation, partnership, limited liability partnership, governmental authority, association, joint venture, division or other cognizable entity, whether or not having distinct legal existence.

“Policies” means, for the ArtVault Site, all terms, conditions, policies, guidelines, rules and other information on the ArtVault Site or on Seller Dashboard, including those shown on the “Policies and Agreements” section of Seller Dashboard for the ArtVault Site or elsewhere in the “Help” section of Seller Dashboard or Your Account respectively.

“Purchase Price” means the total gross amount payable or paid by a customer for Your Product (including taxes and customs duties).

“Refund Administration Fee” means the lesser of INR 300 or twenty percent (20%) of the applicable Referral Fee.

“Required Product Information” means, with respect to each of Your Products in connection with the ArtVault Site, the following (except to the extent expressly not required under the applicable Policies): (a) description; (b) SKU and EAN/UPC numbers and other identifying information as ArtVault may reasonably request; (c) information regarding in-stock status and availability, shipping limitations or requirements, and Shipment Information (in each case, in accordance with any categorizations prescribed by ArtVault from time to time); (d) categorization within each ArtVault product category and browse structure as prescribed by ArtVault from time to time; (e) digitized image that accurately depicts only Your Product and does not include any additional logos, text or other markings (and that complies with any ArtVault published image guidelines); (f) Purchase Price; (g) shipping and handling charge (in accordance with our standard functionality therefor); (h) any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or sale of Your Product; (i) any vendor requirements, restocking fees or other terms and conditions applicable to such product that a customer should be aware of prior to purchasing the product; (j) brand; (k) model; (l) product dimensions; (m) weight; (n) a delimited list of technical specifications; (o) SKU and EAN/UPC numbers (and other identifying information as we may reasonably request) for accessories related to Your Product that is available in our catalogue; and (p) any other information reasonably requested by us.

“Sales Proceeds” means the gross sales proceeds paid by customers in the course of any of Your Transactions, including the Purchase Price, all shipping and handling, gift wrap and other charges, any taxes and customs duties.

“Seller Dashboard” means the online portal and tools made available by ArtVault to you, for your use in managing your orders, inventory and presence on the ArtVault Site.

“Launch Date” means the date on which we first list one of Your Products for sale on the ArtVault Site.

“Service” means provision of ArtVault Site to facilitate transactions between buyer and sellers of products listed on the Artvault Site

“Service Terms” means the service terms specific to the Service set forth herein and made a part of this Agreement upon the date you elect to register for the applicable Service.

“Shipment Information” means, with respect to any of Your Products, the estimated or promised shipment and/or delivery date.

“Street Date” means the date(s), if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly, or such product should not be delivered or otherwise made available to customers.

“Technology” means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology or other functional item.

“Trademark” means any trademark, service mark, trade dress (including any proprietary “look and feel”), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under applicable Laws.

“URL Marks” means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).

“Your Account” means the particular account in our systems, in which information about Your Transactions is recorded, and which is one of the online portals and tools which ArtVault may make available to you, for your use in managing your orders, inventory and presence on the ArtVault Site.

“Your Materials” means all Technology, Your Trademarks, Content, Required Product Information, data, materials, and other items provided or made available by you or your Affiliates to ArtVault or its Affiliates.

“Your Product” means any product that is made available for listing for sale, offered for sale or sold by you through the Service and/or fulfilled or otherwise processed in connection with Your Account.

“Your Sales Channels” means all sales channels and other means through which you or any of your Affiliates offer or sell products, other than physical stores.

“Your Taxes” means any and all value added, service, sales, use, excise, import, export, goods and service tax and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through or in connection with the Service, or otherwise in connection with any action, inaction or omission of you or your Affiliates or your or their respective employees, agents, contractors or representatives.

“Your Trademarks” means Trademarks of yours that you provide to us: (a) in nontext form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.

“Your Transaction” means any sale of Your Product(s) through the ArtVault Site.

  1. Enrolment

To begin the enrolment process, you must complete the registration process for availing the Service. Use of the Service is limited to parties that can lawfully enter into and form contracts under the Indian Contract Act, 1872. As part of the application, you must provide us with your (or your business’) legal name, address, phone number and email address. We may at any time cease providing any or all of the Services at our sole discretion and without notice.

  1. Service Fee Payments

Fee details are described fully in the applicable Service Terms. You are responsible for all of your expenses in connection with this Agreement, unless this Agreement or the applicable Service Terms provide otherwise. For the ArtVault Site that you register for or use a Service in connection with, we may require you to submit valid credit card information from a credit card acceptable by ArtVault (with respect to such ArtVault Site, “Your Credit Card”) as well as valid bank account information for a bank account in your name that is with a bank located within India and enabled for Your Account (which functionality may be modified or discontinued by us at any time without notice) (with respect to the ArtVault Site, “Your Bank Account”). You will use only a name you are authorized to use in connection with the Service and will update such information as necessary to ensure that it at all times remains accurate and complete. You authorize us to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). At ArtVault’s option, all payments to you will be made to Your Bank Account, via cheque or electronic transfers or other means as specified by us. You agree that ArtVault shall not be liable for any failure to make payments to you on account of incomplete or inaccurate information provided by you with respect to Your Bank Account. In addition to charging payable sums to Your Credit Card, we may instead choose to either (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you, or (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency. If we discover erroneous or duplicate transactions, then we reserve the right to seek reimbursement from you by deducting from future payments owed to you, charging Your Credit Card, or seeking such reimbursement from you by any other lawful means; provided that the foregoing will not limit your rights to pursue any good faith dispute with ArtVault concerning whether any amounts are payable or due.

If we reasonably conclude based on information available to us that your actions and/or performance in connection with the Agreement may result in a significant number of customer disputes, chargebacks or other claims in connection with the ArtVault Site, then we may, in our sole discretion and subject to applicable Law, delay initiating any payments to be made or that are otherwise due to you under this Agreement for the shorter of: (a) a period of ninety (90) calendar days following the initial date of suspension; or (b) completion of any investigation(s) regarding your actions and/or performance in connection with the Agreement. You agree that we are entitled to the interest, if any, paid on balances maintained as deposits in our bank accounts.

  1. Term and Termination

The term of this Agreement will start on the date of your completed registration for the Service (the “Effective Date”) and continue until terminated by us or you as provided below (the “Term”). We may terminate or suspend this Agreement or any Service immediately in our sole discretion by notice to you for any reason at any time. You may terminate this Agreement or any Service for any reason at any time by the means then specified by ArtVault therefor. Termination or suspension of a Service will not terminate or suspend any other Service unless explicitly provided. Upon termination, all rights and obligations of the parties under this Agreement will terminate, except that Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 16 and 18 will survive termination. Any terms that expressly survive according to the applicable Service Terms will also survive termination.

  1. Licence

You grant us a royalty-free, non-exclusive, worldwide, irrevocable right and licence during the Term and for as long thereafter as you are permitted to grant the said licence under applicable Law to use, reproduce, perform, display (public communication), distribute, adapt, modify, reformat, create and exploit derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our Affiliates and operators of Artvault Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to resize trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Trademarks (provided you are unable to do so using the standard functionality made available to you via the applicable ArtVault Site or Services); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you or your Affiliates under applicable Law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).

  1. Representations

You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the Laws of the territory in which your business is registered and are a resident of India for income tax purposes every financial year; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations and grant the rights, licences and authorizations you grant hereunder; (c) you and all of your subcontractors, agents and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement; (d) Offering Products through the Site and Licensing of such Products to ArtVault in accordance with Section 4, would not, in any manner, tantamount to infringement, misappropriation or violation of a third party’s Intellectual Property Rights or rights of publicity or privacy or result in violation of any applicable law and regulation; and (e) You are the creator, the sole and exclusive owner, or the holder of rights, licenses, consents and releases, as the case may be, of the Products being made available on the Site

  1. Indemnification

You release us from, and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, agents and Affiliates) against, any claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to:  a) your actual or alleged breach of any obligations / responsibilities / Representations in this Agreement; (b) any sales channels owned or operated by you, Your Products (including the offer, sale, fulfilment, refund, adjustment, or return thereof), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death or property damage related thereto; or (c) Your Taxes.

You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we determine in our sole discretion that any indemnified Claim might adversely affect us, we may take exclusive control of the defence at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

  1. Disclaimer
  2. The ArtVault Site and the Services, including all content, software, functions, materials and information available or provided in connection with the services, are provided “as is.”
  3. ArtVault is a platform that users utilize to meet and interact with one another for their transactions. ArtVault only provides a platform for communication and is not and cannot be a party to or control in any manner any transaction between the users on ArtVault Site. You agree that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
  4. All commercial/contractual terms are offered by You as seller and agreed upon between you and buyers alone. The commercial/contractual terms include price, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. ArtVault does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
  5. ArtVault does not make any representations or warranties regarding specifics (such as quality, value, and saleability) of the items or services proposed to be sold, offered to be sold or purchased on the Site. ArtVault does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Site. ArtVault accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  6. ArtVault is not responsible for any non-performance or breach of any contract between you and buyers. ArtVault cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Site. ArtVault shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
  7. ArtVault does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard.
  8. ArtVault does not at any point in time during a transaction between you and a buyer on the Site come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
  9. At no time shall ArtVault hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. ArtVault is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
  10. Notwithstanding its reasonable efforts in that behalf, ArtVault cannot control the information provided by other users which is made available on the Site. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Site. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
  11. ArtVault uses commercially reasonable efforts to display the colours of Products accurately via the Site and Services. However, because individual computer monitors and mobile devices may display colours differently, ArtVault is not responsible for the color accuracy of any of the Products displayed on the Site and Services and disclaims its liability in this regard
  12. Because ArtVault is not involved in transactions between customers and sellers or other participant dealings, if a dispute arises between one or more user, each of you release ArtVault (and its agents, Affiliates and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  13. General Prohibitions

In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

  1. belongs to another person and to which You do not have any right;
  2. 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; 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;
  3. harm minors in any way;
  4. infringes any Intellectual Property Rights or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen items;
  5. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  6. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonates another person;
  8. 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, cancelbots, 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;
  9. threatens the unity, integrity, defense, 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.
  10. is false, inaccurate or misleading;
  11. directly or indirectly offers, attempts to offer, trade or attempts to trade or links directly or indirectly to or includes descriptions of items, goods or services that are prohibited or restricted under this Terms of Use or any other applicable law for the time being in force including but not limited to the Indian Penal Code, 1860, the Antiquities and Art Treasures Act, 1972, the Information Technology Act 2000 as amended time to time and rules there under; and
  12. Limitation of Liability

We will not be liable (whether in contract, warranty, tort, delict (including negligence, product liability, any type of civil responsibility or other theory) or otherwise) to you or any other person for cost of cover, recovery or recoupment of any investment made by you or your affiliates in connection with this agreement, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this agreement, even if ArtVault has been advised of the possibility of such costs or damages. Further, except in case of gross negligence or wilful misconduct, our aggregate liability arising out of or in connection with this agreement or the transactions contemplated hereby will not exceed at any time the total amounts during the prior six month period paid by you to ArtVault in connection with the particular service and the ArtVault site giving rise to the claim.

  1. Tax Matters

As between the parties, you will be responsible for the collection and payment of any and all of Your Taxes together with the filing of all relevant returns, such as service tax, VAT/CST and issuing VAT/CST invoices/credit memos where required. ArtVault is not responsible for collecting, remitting or reporting any service tax, VAT/CST or other taxes arising from such sale. You are solely responsible for preparing, making and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits.

Unless stated otherwise, any and all fees payable by you pursuant to this Agreement are exclusive of all value added, service, sales, use, goods and services and similar taxes, and you will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, service, sales, use, goods and services or similar taxes from you, you will pay such taxes to us.

If for any reason, any income tax or withholding tax is determined to be deducted and deposited on any payments or remittances to you, ArtVault will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by you against ArtVault.

It is your responsibility as a seller on the ArtVault.co.in platform to choose the most applicable product tax codes for your products, such that the correct tax rate is applied on all products offered for sale by you on ArtVault.co.in. If we determine that you are not in compliance with this section, then we may suspend the services provided to you on the ArtVault.co.in platform.

  1. Confidentiality

During the course of your use of the Services, you may receive information relating to us or our Affiliates or to the Services that is not known to the general public (“Confidential Information”). You agree that: (a) all Confidential Information will remain ArtVault’s exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

  1. Force Majeure

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

  1. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. ArtVault is not an auctioneer, neither is it an intermediary between the customer and the seller. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between you and us.

  1. Use of ArtVault Transaction Information.

You will not, and will cause your Affiliates not to, directly or indirectly: (a) disclose or convey any ArtVault Transaction Information (except you may disclose this information as necessary for you to perform your obligations under this Agreement and provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any ArtVault Transaction Information for any marketing or promotional purposes whatsoever (except as permitted below), or otherwise in any way inconsistent with our or your privacy policies or applicable Law; (c) contact a Person that has ordered Your Product that has not yet been delivered with the intent to collect any amounts in connection therewith, to influence such Person to make an alternative purchase, or to harass such Person; (d) disparage us, our Affiliates, or any of their or our respective products or services or any customer; or (e) target communications of any kind on the basis of the intended recipient being an ArtVault Site user. The terms of this Section 14 do not prevent you from using other information that you acquire without reference to ArtVault Transaction Information for any purpose, even if such information is identical to ArtVault Transaction Information, provided that you do not target communications on the basis of the intended recipient being an ArtVault Site user.

  1. Suggestions and Other Information

If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to the ArtVault Site or Services (including any related Technology), we will be free to use, disclose, reproduce, modify, licence, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.

In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history and posted content.

  1. Modification

We may amend any of the terms and conditions contained in this Agreement (including the Service Terms and Policies) at any time and solely at our discretion. Any changes will be effective upon the posting of such changes on Seller Dashboard or on the ArtVault Site, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. All notice of changes to the Agreement will be posted for at least 30 calendar days. Changes to Policies may be made without notice to you. You should refer regularly to Your Account or Seller Dashboard, respectively, to understand the current Agreement and Policies and to be sure that the items you offer for sale can be sold via the Service in connection with the ArtVault Site. YOUR CONTINUED USE OF A SERVICE AFTER ARTVAULT’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.

  1. Password Security

Any password we provide to you may be used only during the Term to access Your Account or Seller Dashboard, respectively, (or other tools we provide) to use the Service, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use Your Account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.

  1. Buyer Protection

All the sellers at ArtVault Site are well screened by our team before they are brought on board. ArtVault endeavours to ensure that the products you buy from our Site are genuine, authentic, products and are sold by well reputed and honourable sellers. We also extend all the warranties, guarantees as entailed in the Products by the seller to you. It is however clarified that the ArtVault seeks to ensure the aforesaid only on a best endeavour basis and does not assure or provide any personal warranties or assumes any liability or responsibility pertaining to the genuineness and authenticity of the products and/or the seller, for which the seller shall be solely responsible and liable.

As per ArtVault Refund Policies, once you receive a Product as per your order, you are required to check and confirm that the Product is received in an undamaged condition. If, however, you receive a Product which is damaged, you are requested not to accept the Product and notify to ArtVault not later than two (2) days of the delivery of the Product (the two days shall include the date of delivery). For this, you must send us the images and description of the damage at customercare@artvault.co.in . For detailed procedure on how to return a Product and obtain refund, please click on Return Policy .

Please note that ArtVault Refund Policies are not applicable in case the buyer did not like the Product purchased. If ArtVault receives no response within 2 days of delivery of Product, no claim of refund or return shall be entertained.

If ArtVault has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, fraudulent, misleading or not genuine, then ArtVault may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of User, cancel pending transaction and take such necessary action including against such member and/or disqualify that member and any related members from availing protection through this policy.

Any person who knowingly and with intent to injure, defraud or deceive files fraudulent complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

 

  1. Governing Law

This Agreement will be governed by the laws of Republic of India, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the courts at Delhi regarding any dispute with ArtVault relating in any way to this Agreement or your use of the Services. You may not transfer or assign all or any portion of this Agreement, by operation of law or otherwise, without our prior written consent.

 

  1. Dispute Resolution

In the event of any dispute, difference or question arising out of or in respect of this agreement or the commission of any breach of any terms thereof or of compensation payable thereof or in any manner whatsoever in connection with it, the same shall be referred to an adhoc arbitration (Sole Arbitratior) which shall be governed by the provisions of ‘The Arbitration and Conciliation Act, 1996’. The decision or award so given by the Sole Arbitrator shall be binding on the parties hereto.

 

  1. Miscellaneous

Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

ArtVault retains the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the applicable Policies.

The authentic language of this Agreement and subsidiary or associated documentation shall be English and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail.

You agree we may communicate with you in English during the Term of this Agreement.

You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to cooperate and / or comply with any of their orders, instructions or directions or to fulfil any requirements under applicable Laws.

We will send all notices and other communications (including transactional, promotional and/or commercial communication) to you at the email addresses you designated for notifications and updates in your programme application or within Seller Dashboard or Your Account respectively, or at the valid phone number provided by you or any other means then specified by ArtVault. You consent to receive such communications through any mode including SMS, email, phone calls etc. You may change your email addresses or phone numbers via Your Account. You will update your email addresses (as well as your legal name, address and phone number) as often as necessary to ensure that they are accurate. You must send all notices and other communication relating to ArtVault to us by using the applicable form.

This Agreement incorporates and you hereby accept the applicable Service Terms and the applicable Policies, which ArtVault may modify from time to time. In the event of any conflicts between the Policies and this Agreement, the Policies will prevail. This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.

You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to cooperate and / or comply with any of their orders, instructions or directions or to fulfil any requirements under applicable Laws.

For any clarifications, you may contact us at info@artvault.co.in

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