Terms of Use | Artcomet

 

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.

 

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guielines) Rules, 2011 that require publishing the rile and regulations, privacy policy and terms of use for access or usage of www.artcomet.com website.


The domain name www.artcomet.com (hereinafter referred to as “Website”) is owned by Whitefoot Online Solutions Private Limited, a company incorporated under the Companies Act, 2013.  

 

For the purpose of these terms of use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing registration data while registering on the Website as registered user using the computer systems. Artcomet allows the User to surf the Website or make purchases without registering on the Website. The terms “We”, “Us”, “Our” shall mean Whitefoot Online Solutions Private Limited.

 

This user agreement contains rules and regulations, policies, terms of use and agreement applicable to any person who may access or use Artcomet, including any subdomains, webpages, or extension of Artcomet.com. When You use any of the services provided by Us through the Website, including but not limited to accessing, browsing, purchasing, or otherwise using the site, You will be subject to the rules, guidelines, policies, terms of use applicable to such services, and they shall be deemed to be incorporated into this Terms of Use  and shall be considered as part and parcel of this Terms of Use. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Artcomet policies (including but not limited to Privacy Policy available here)as amended from time to time.

 

We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Terms of Use, at any point of time without any prior notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of this Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use this Website.

 

Eligibility

Artcomet or any service provided by Artcomet may only be used or accessed by such persons who can form legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User or Buyer on the Website and shall not transact not or use the Website, and We reserve the right to terminate your account and / or refuse to provide you access to the Website if it is discovered that you are under the age of 18 years. For minors, such use or transaction on the Website needs to be done by their parents and / or legal guardian.

 

Registration

By registering on the Website, you agree to that your sole purpose of registering or using Artcomet is to buy and / or sell unique Indian handicrafts or such products as may be specifically notified by Us on the Website from time to time, and you shall not use Artcomet for any other purpose including buying and / or selling products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner.


You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms or Use, We shall have the right to indefinitely suspend or terminate or block access of your membership / account on the Website and refuse to provide You with access to the Website or any of Our services. You are responsible for maintaining and promptly updating the information provided by You while registering to ensure that the information by You is true, accurate, current and complete at all times.


Account and security

You will be able to access this Website only by registering with Artcomet, which you must do by providing Artcomet with current, complete, and accurate information as requested by the applicable registration form on thw Website. You will be entirely responsible for maintaining the confidentiality of your user account, password and payment related information. Furthermore you will be entirely responsible for any and all activities that occur under your account. You shall immediately notify any breach of the security and unauthorized use of your account to Artcomet. You shall also be held liable for any loss incurred by Artcomet or any other party due to someone else using your account either with or without your knowledge and you undertake to indemnify Artcomet in this regard. It is thus unportant for you to protect the confidentiality of the your account and password and for ensuring that all use of your account complies fully with the provisions of this Agreement.

 

You are not allowed to transfer or sell your Artcomet account and user ID to any other party. If you are registering on Artcomet as a business entity, you must personally guarantee that the you have the authority to bind the entity to this Agreement.


Non-compliance of the above general terms and conditions of this Agreement may be subjected to civil or criminal liabilities, penalties, non-registration and/or deactivation of your account with Artcomet without notice or intimation of any kind.

 

Communications

By registering on the Website, you agree to allow us to contact you through any mode of communication (including but not limited to Email, Chat, Telephone call) for any confirmation or service related information for the order placed by You, on the contact details provided by You. During any kind of legal implication raised, due to the incorrect nature of the details provided by You, Artcomet will not be held responsible for the same.

 

When You use the Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required.

 

Role of Website

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Products sold and purchased on the Website are listed by Users, sellers and / or third party as the case maybe. Artcomet does not make any representation or warranty as to specifics (such as quality, value, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Artcomet accepts no liability for any errors or omissions, whether on behalf of itself or third parties.  
 

All commercial / contractual terms are offered by and agreed between sellers and buyers alone. Artcomet does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial / contractual terms between sellers and buyers. It is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between the seller and buyer.

 

You release and indemnify Artcomet and / or any of its officers or representatives from any cost, damage,  liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, We cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

 

You hereby grant to Artcomet and Artcomet hereby accepts a worldwide, non-exclusive, royalty-free, sub licensable, limited license to use any content uploaded by you on the Website for using its services or otherwise. For avoidance of any doubt, ownership of all content uploaded by you on the Website shall rest with you and ArtComet shall use such content only for limited purposes as agreed herein.

 

Fees

Artcomet currently does not charge any fee from the User for browsing, registering and buying from the Website. However, We reserve the right to change the fee policy from time to time. Artcomet may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, Artcomet reserves the right to  introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.

 

Use of the Website

You are permitted to use the online marketplace only for lawful purposes, whilst observing good etiquette and the rules that Artcomet has set for its proper use. Additionally, you shall be fully responsible for your own content. You shall keep the password to your profile secret at all times and also to inform Artcomet immediately as soon as there is suspicion of wrongful use of your account by an unauthorised party. Furthermore, any address, e-mail address, and other contact information which you obtain in the context of marketplace use may not be used or distributed for any other purpose. Only truthful and factual statements which do not include any defamatory content may be made when evaluating the order process. Inappropriate use of the evaluation system is strictly prohibited. You are prohibited from using malicious technologies that may harm the online marketplace, or bring about an excessive burden on the marketplace, it’s members or third parties. You are prohibited from publishing content which may compromise the integrity, stability or availability of the marketplace. We point out that content on the online marketplace is in principle available worldwide and therefore the legal requirements of other countries must be respected.


You shall not host, display, upload, modify, publish, transmit, update or share any information which:

> belongs to another person and to which you does not have any right to

 

> 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

 

> is misleading in any way 

 

> is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual

 

> harasses or advocates harassment of another person

 

> involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"

 

> promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous

 

> 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]

 

> promotes an illegal or unauthorized copy of another person's copyrighted work 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

 

> tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users

 

> 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 Website

 

> interferes with another user's use and enjoyment of the Website

 

> refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use

 

> 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

 

> violates any law for the time being in force

 

> 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

 

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.


Additionally, you understand and agree to not attempt to or engage in any activity that may:

> reverse engineer, decompile or otherwise extract the source code(s) related to the services or any part thereof, unless it is expressly permitted by Artcomet in writing or is required by applicable law

 

> collect information about other users in any illegal or unlawful manner for any illegal or unlawful purpose

 

> register on the Website to access registrable services or create any online accounts by automated means or under false or fraudulent pretences for using the services provided by Artcomet

 

> transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through services

 

> use services in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the services, or interfere with any other third party's access to and/or enjoyment of services

 

> forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website

 

Payments

You agree that you will not make payments in any manner other than as explicitly provided on the Artcomet website, without the prior consent of Artcomet, for the purposes of buying an/or selling any product listed on the Artcomet website.

 

You hereby agree, understand, undertake and confirm that the credit/debit card details provided by you for making payments for product/s purchased through the Artcomet website, either through on line payment gateway mechanism or through any other method as provided by Artcomet, will be correct, current, complete and accurate and you shall not use the credit/debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by you will not be shared by ArtComet with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by you. Artcomet will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Buyer’s ID/password/credit/debit card number/account details in any way.

 

Violation of policy

As soon as Artcomet has firm evidence of a member's breach of legal regulations, third party rights, these Terms of Use, Artcomet reserves the right to take action against this member. In these situations, Artcomet considers the operational requirements of the marketplace and its own liability risks, as well as the legitimate interests both of any claimant and the member when making a decision. Until the suspected abuse has been completely removed, Artcomet may among other things, warn members to cease violations immediately; change the member's content or reviews or delete them without replacement; temporarily restrict or limit members' accounts; temporarily disable members' accounts; exclude members completely and permanently. Artcomet expressly reserves the right to take additional measures. This is without prejudice to Artcomet's right to resort to legal remedies relating to misuse.

 

Rights of Use 

You hereby grant Artcomet all necessary rights to all your content on the online marketplace for the purposes of fulfilling the agreement. This especially covers the right to reproduce, distribute, make available to the public or edit a member's content for the purpose of providing the services. Depending on the uploaded content, all your content can be used, even after termination of the membership (e.g. expiring offers, posts in the forum).


Furthermore, you grant Artcomet the right to use your content in online marketplace advertising or individual offers, including for internet advertising (including affiliate advertising, eCards, etc.), print advertising and/or TV commercials. Artcomet is entitled to reproduce your content for that purpose, to distribute it, make it publicly available, adapt or broadcast it, and/or to make visualisations available to the public. This right to advertise ends when your membership is terminated. However, Artcomet has the right at this point to use already produced or existing advertising media for a transitional period of at least 6 months.


Liability

Artcomet is liable for damage caused by simple negligence only where material obligations have been breached (major obligations), i.e. obligations whose fulfilment is essential for the achievement of the purpose of the agreement or whose fulfilment can normally be expected by the contracting partner. In the case of a breach of major obligations, Artcomet's liability is limited to compensation for losses reasonably foreseeable by Artcomet at the time of conclusion of the agreement. Otherwise, Artcomet's liability for losses caused by simple negligence is excluded. 

 

Artcomet is not liable for non-availability of the online marketplace. No claims can be made against Artcomet where this non-availability affects purchase agreements, for example because an item cannot be listed or a purchase agreement cannot be concluded. Likewise, any strict liability by Artcomet due to initial defects is excluded. Artcomet is not liable for the execution of contracts between members.

 

Transfer of contract to third parties

Under this user agreement, Artcomet is entitled, upon giving four (4) weeks’ notice, to assign its rights and obligations in whole or in part to a third party. In such a case, you are entitled to terminate the user agreement within three weeks of receiving the notification giving four (4) working days’ notice.

 

Prohibited, questionable and infringing items and activities

The following types of items are prohibited or restricted on Artcomet :

> Alcohol, tobacco, e-cigarettes, drugs and medical drugs and other such substances which have an intoxicating effect and/or are illegal

> Hazardous materials, recalled items and weapons - explosives, toxic substance, radioactive material, guns, among other things

> Products made from animal body parts like fur, ivory, bones, etc, unless otherwise exempted under any specific law governing the country

> Products that promote, support or glorify hatred, contains racial slurs or derogatory terms to any protected group/s

> Illegal items, items promoting illegal activity and highly regulated items

> Pornography content

> Items that promote, support or glorify violence, human suffering, encourage acts of violence against individuals or groups, self mutilation or other forms of self - harm

 

Governing law, disputes and resolution

The services may be provided from and the Website may be controlled and operated from and through any country and may be subject to the laws of that country. When you access the services of the Website as a user from any location, then you are responsible for compliance with the local laws applicable.
 

This agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Mumbai, Maharashtra, India.


Any cause of action arising out of a user’s use of services must be commenced within 30 (thirty) days after (a) when such cause of action accrues; or (b) such user becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.


Notices

Artcomet may post notices within the Website or send you notices on the registered e-mail address or the telephone numbers as shared by you with Artcomet. You will deemed to have received such notices,if sent via e-mail, within 24 (twenty four) hours of Artcomet sending the notice. Use of any service on the Website after expiry of 3 (three) days from the day notice was sent, shall constitute receipt and acceptance of the notices sent to you.

 

Disclaimer

The information, software, products, and services forming parts of the services have been contributed by various users and may include inaccuracies or typographical errors. Any advice received or inferred via the services should not be relied upon by the users for any personal, legal or financial decisions and you should consult an appropriate professional for tailored advice, specific to your situation.

 

Artcomet shall not be responsible for viruses, worms, trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable. The Website may also contain content that infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to certain additional terms and conditions, stated or unstated. ArtComet disclaims any responsibility for any harm resulting from the use of the Website, or from any downloading of content posted on the Website.