Terms Of Service
TERMS OF SERVICE

1.GENERAL
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it 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 guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.inkalabh.com

The domain name www.inkalabh.com (hereinafter referred to as "Website") is owned by
• Inkalabh Retail Pvt. Ltd, hereinafter referred to as “Company”
  Inkalabh is a Private Limited Company.  The official name is Inkalabh
•With its registered office at Plot #47, Patel Nagar, INCO Sector 9 Road, Ambala City-134003, Haryana, India.
 (Hereinafter referred to as Inkalabh)

The use of this website by You is solely governed by this policy and any policy so mentioned by terms of Service. Moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the Company

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 display their Art on the Website by providing Registration Data or High-Resolution Artworks while registering on the Website, who may also be specifically referred to as the “Artist”. “User” also means a person who has may have or have not registered on the Website in order to browse through the artwork and make orders for the same, who may also be specifically referred to as the “Customer”. The site also provides its services without registration does not absolve You of this contractual relationship. The term "We", "Us", "Our" shall mean Inkalabh.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.

We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements.  If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies. As long as
You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, which would be amended from time to time.

ABOUT INKALABH: INKALABH is a platform for artist to sell their digital art works as various printable products to their fans, friends and customers who browse their INKALABH profile. Inkalabh bridges the gap between the artist and the consumer by offering a platform to showcase their art and use print on demand service to the artist. The customer buys from Inkalabh and not the artist.
 
2. OUR SERVICE
Inkalabh is an intermediary platform where Artists can post their work and Users can browse through them and buy prints of Art or products made & printed using the Art.
Any Content the Artist posts in his/her profile or page is designated as ‘Art’. The Content that is posted by the Artist shall remain the Intellectual Property of the Artist solely. The Artist merely grants Inkalabh all exclusive royalty-free licenses to make products using their Art and sell it. The Art may or may not be viewed by all Users of the website once published. User may order a physical product based on the art or the Art itself may be bought by a User. Once the order is placed, Inkalabh will manufacture and ship the product to the User.

3. MEMBERSHIP
The membership of this website is available only to those above the age of 18 as well as those ‘Incompetent to Contract’ which inter alia include insolvents as described by the Indian Contract Act, 1872. If You are a minor and wish to use the website, you may do so through your legal guardian and Inkalabh reserves the right to terminate your account on knowledge of You being a minor and using the membership of the site. 

Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the company has reasonable reasons to believe you have done so, We hold the rights to permanently suspend your account. 

4.COMMUNICATIONS
By using this website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, from Us at any time with the use of the telephone that has been provided by you for the use of this website which are subject to the Privacy Policy. This includes contacting you through information received through other parties.  The use of this website is also your consent to receive SMSs & WhatsApp message from us at any time we deem fit.  This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under these documents and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.

5. CHARGES

The membership of this website is free of cost and this includes the browsing of the site and the use of the services. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
It is mandatory to note that the products offered on sale on this Website are subject to prices dependent on the product base price, artist mark-up, processing fee and VAT added to form MRP.

The price charged to customers, for the product, is made up of the manufacturing fee charged by the third party manufacturer  or in-house production cost whichever is applicable, the Website’s service fee for hosting the platform and facilitating the transaction, the Artist’s creation price, and any relevant tax (such as Sales Tax, GST, VAT, etc). Shipping charges will also be added. The service fee may be altered at any time without any prior notification to the Artist or the User.
 
6. THIRD PARTY INFORMATION
All  digital text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), may be posted online by Artists or Users and We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Use.
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed unless meant for marketing Inkalabh.

The content that the User posts will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use.

7. ARTIST OBLIGATIONS
As aforementioned, the Artist retains all the Intellectual Property with respect to the Art and grants Inkalabh, an all exclusive, royalty-free license, to manufacture and sell products based on the Art and Orders received.

When an Artist uploads content on his profile, the following obligations shall be fulfilled:
a.The Artist hereby authorizes the Website to market and obtain orders from customers for the purchase of your products over the Website and arrange for such orders to be fulfilled.
b.The Artist hereby understands that the Website gives no guarantee that it shall procure orders for the Artist’s work.
c. Artists hereby represents that he/she owns all copyright in the content.
d. In the event, that the Artist does not have the ownership of the copyright, he/ she represents that they have the permission to use the content, and that the Artist has all of the rights required to display, reproduce and sell the content;
e. Artist hereby undertakes that the content uploaded will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
f.  Artist hereby agrees to comply with all applicable law, rules and regulations of Inkalabh;
g. Artist hereby agreed that the content uploaded does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
h. Artist hereby represents that the content does not include malicious code, including but not limited to viruses, worms, time bombs, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
i. Artist hereby represents that the content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
j. Artist hereby represents that he shall never Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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;
k. Post any file that infringes the copyright, patent or trademark of other legal entities.
l.  Not post any content or artwork that 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 display a wrong Map of India or prevents investigation of any offence or is insulting any other nation.

 
 
Inkalabh hereby reserves the right to review and remove any content from the website and / or cancel any account, because that content breaches the agreement with us and / or any applicable laws, or otherwise. Artist hereby agrees to indemnify Inkalabh with respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
 
8. PAYMENT TO THE ARTIST
a.The Artist hereby authorizes the Website to collect, hold and distribute the retail price and shipping charges (“sale proceeds”) and Tax from customers.
b.The Artist hereby authorizes the Website to deduct the base price, tax and the shipping charges from the sales proceeds for your products before distributing your margin, and tax where relevant, to the Artist.
c.The Website hereby agrees to pay the Artist’s share of the sales made before the 30th day of the month for sales made in the previous month, or post a cheque before the 30th day of the month for sales made in the previous month, in accordance with the payment method chosen by the Artist.
d.All Indian Artists shall be paid via National Electronic Fund Transfer (NEFT). If the  information for making the NEFT transfer is not provided, a cheque shall be dispatched to an Indian address only if the margin due to the Artist is above INR. 900/-. If the margin due is less than INR. 900/-, a charge of Rs. 90/- shall be deducted from the margin for courier & clearance.
e. International Artists shall be provided their remuneration only via PayPal. No requests for any other means of transfer shall be entertained.
f. Artists shall not be entitled to margin in event of returns, disputes or refusal to accept the product by the customer.
g.The Artist hereby understand that the margin shall be due only after an Order is marked ‘Complete’.
 
9. USER OBLIGATIONS
 You are a restricted user of this website.
a.You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission, limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
b. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
c. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users as well as Artists that You may consider offensive, indecent, Not Safe for Work, or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content via contact us form.
d. In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
· Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
· Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
· Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
· Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
·Post any file that infringes the copyright, patent or trademark of other legal entities.
·Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
·Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
·Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
·Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
·Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
·Use the Website or any material or 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 this website or other third parties;
· Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
· Violate any applicable laws or regulations for the time being in force within or outside India;
·  Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
· Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
· Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or Display incorrect Map of India, causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
· Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
· 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.
· 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;
You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent.

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 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 Website) 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.

We have no obligation, to monitor the materials posted on the Website. We 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 WEBSITE AND IN YOUR PRIVATE MESSAGES.
 In no event shall We 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 Website. Inkalabh hereby disclaims all liabilities arising out of any IP infringement by any Content posted by any Artist. All the claims shall lie solely to the Artist; Inkalabh is merely an intermediary platform. If You come across any Content, whose IP rests with You, You may report the same at care@inakalabh.com

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 libellous, tortuous, or otherwise unlawful information.

10. RETURN POLICY
1.            The User hereby understands that returns are applicable and permitted only due to damaged delivery
2.            The charges for shipping the product being returned shall be borne by the customer unless the product is being returned as the shipment was damaged.
3.            Inkalabh hereby reserves the right to accept or cancel any request for return of any Order valued irrespective of its value.
4.            In case of any cancellation or return, the User understands that Inkalabh shall only offer coupons in return as no money shall be refunded in case of any cancellation or return.
5.            The Artist hereby understands that no payment will entailed out of any Order returned by the customer for any reasons whatsoever.
 
11. WEBSITE AS AN INTERMEDIARY PLATFORM
The website offers services for Artists to display their work and for Customers to buy such artwork through the Website.
1.            Users can purchase products on the website using any of the following methods:
a)            Credit Card/Debit Cards
b)            Cash on Delivery
c)            Internet Banking
d)            PayPal
e)          Cash Cards
2.            Users do not have to be members to purchase, but basic details like Name, E-mail, Address and Phone Number maybe sought to fulfil the order placed.
3.            It is the customer’s responsibility to ensure the product delivery address is correct. The Website takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
4.            We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.
5.            Artist has absolute control over the Maximum Retail Price of the Art. Inkalabh retains Base Price of the amount paid for manufacture and delivery of the product chosen as well as the VAT.
6.            Artist hereby agrees that any revisions of the Base Price and the Artist Mark-up shall be effective immediately, but does not cover the orders in pipeline or already placed. Artist hereby understands that the margins payable to him for his sale shall be in accordance with price at the time of the order being placed and shall be calculated accordingly.
7.            We do not endorse any of the products and service offered for sale on our Website or on the websites linked to our Website, nor place any guarantee as to its nature, price, quality, etc. 
8.            Subject to the above sub-clauses, a contract exists between the Artist and the User and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the User and the Artist alone and we are in no way a party to such breach or involved in any suit arising from the same breach. The contact/communication arising from such breach may entail between the Customer, User and the Artist directly without Us being involved. 
9.            As the Customer, you are expected to check the worth of the Artwork content and the genuineness of the same. We are not liable for the same.
10.          Upon receiving a damaged or incorrect product, the User/Customer shall communicate the same to Inkalabh within 24 hours, upon which the Website shall arrange for a replacement to be sent free of cost. This Policy applies solely to products that are damaged physically on arrival.
11.          Inkalabh hereby reserve the right to dispose off any product that is in excess of the inventory or order placed (that has been returned, replaced and the likes) and the Artist shall have no claim over such product or margins for the same.
12.          In the event, the Artist removes any art from his page on the Website; the orders placed prior to such removal shall be fulfilled and sent to the Customer.
13.          In the event there is any loss of data or of the Artist’s artworks due to server issues or hacking of the server, Inkalabh shall not be held liable.  The Artist hereby agrees to not hold Inkalabh liable for any commercial loss ensuing due to any hacking executed by any individual or machine.
14.          Disclaimer: Due to some technical issue, typographical error or information published, Pricing on any product(s) or services as is reflected on the Website may be incorrectly reflected and in such We may cancel such your order(s).
15.          You release and indemnify Us and/or any of its officers and 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. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
 
12. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
 
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, INKALABHMAKES NO WARRANTY THAT

10. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
 
INKALABH MAKES NO WARRANTIES THAT THE PRODUCTS SOLD BY THE WEBSITE SHALL NOT CAUSE ANY PROBLEMS ON THE DEVICE ON WHICH THEY ARE USED.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. INKALABH ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
 
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. INKALABHACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
ONCE SALE IS MADE NO DISCOUNTS SHALL BE ENTERTAINED ON THE SAME ID.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
INKALABH IS NOT LIABLE FOR ANY CONTENT THAT IS AGAINST THE PREVALENT LAWS FOR INDECENT REPRESENTATION OF WOMEN AND CHILDREN AS IT IS AN INTEMEDIARY BETWEEN THE ARTIST AND CUSTOMER. 
WE SHALL BE NOT BE LIABLE FOR ANY LOSS OF INTELLECTUAL PROPERTY OF ARTIST ARRISING AT THIRD PARTY MANUFACTUERE. ALTHOUGH ATMOST CARE SHALL BE TAKEN TO ENSURE NO SUCH DATA LOSS HAPPENS.

13. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
 
IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
 
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW

14. HOSTING OF THIRD PARTY INFORMATION
The website hosts information provided by third party. We are in no means responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but You agree to not us liable for the falsification of any such provided information.

15. COMPLIANCE WITH LAWS:
Buyer and Artist shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.

16. DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
16.1        Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties; however the parties in good faith will attempt to bind by the decision.
16.2        Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the state of Haryana City Ambala, India. The mode of appointment of the arbitrators is as provided above.

17. Bonus earning Offer Plan: The Bonus earning offer plan being offered for Early Sign Ups to Artist is limited in numbers and time. Each artist earnings qualifying for the said plan shall be as below

17.1  Valid for sales up to 30th June 2017. 
17.2  Artist earnings are calculated based on suggested Retail Price and Earning for each product. 
17.3  We keep track of your earnings and account type in a separate CRM hence bonus earnings do not reflect in Artist       Dashboard.
17.4  After first bonus, attaining 750 Orders along with INR 75000 artist earnings shall be mandatory for every subsequent   Bonus.
17.5   Offer valid for a limited time & No. of Sign Ups only. 
17.6   Bonus earning shall be remitted in part or full payment after 30th July, 2017.
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