Website Terms of Use
Last updated on March 11, 2016
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 WWW.THEGLOBALARTISANS.COM
(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 WWW.THEGLOBALARTISANS.COM
FOR THE USE OF THE WEBSITE (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 WEBSITE.
These Terms of Use of the website located at the URL www.www.theglobalartisans.com.com
and mobile application under the name and style "Www.theglobalartisans.com"
(the Website) is between Global Artisans Pvt Ltd Private Limited (hereinafter
referred to as "Global Artisans Pvt Ltd" or "Www.theglobalartisans.com"
or "We" or "Us" or "Our") and the guest users or
registered users of the Website (hereinafter referred to as "You" or
"Your" or "Yourself" or "User") describe the
terms on which Www.theglobalartisans.com offers You access to the Website and
such other services as are incidental and ancillary thereto
("Services").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE
WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.
These Terms of Use together with the Privacy Policy available at http://www.www.theglobalartisans.com.com/page/terms,
the Terms of Sale available at http://www.www.theglobalartisans.com.com/info/termsOfSale,
the other policies of the Website available at www.www.theglobalartisans.com.com
under "Policy Info" section or elsewhere on the Website, the Seller
Agreement available at sellers.www.theglobalartisans.com.com (applicable if You
are a seller of the products on the Website) and any other terms which may
apply to specific Services ("Additional Service Terms") together with
all other notices, disclaimers, guidelines appearing on the Website from time
to time (collectively referred to as "Agreement(s)") constitute the
entire agreement upon which You are allowed to access and use the Website and
avail the Services.
If you are accessing the Www.theglobalartisans.com mobile application or
accessing the Services through the Www.theglobalartisans.com mobile
application, then while these Terms of Use will apply to such use, there may be
additional terms (such as the terms imposed by mobile application stores like
Apple's iTunes, Android's play store, Microsoft's store from time to time)
which will govern the use of the mobile application. These additional terms to
the extent applicable are hereby deemed to be incorporated in these Terms of
Use by way of reference.
1. General
1.1 Global Artisans Pvt Ltd is a company incorporated under
the laws of India, with its registered office at 111, BB-80B (West) Shalimar Bagh, Delhi - 110088, India and having
CIN U72300DL2015PTC287927.
Global Artisans Pvt Ltd is an intermediary in the form of an online marketplace
and is limited to managing the Website to enable seller to exhibit, advertise,
display, make available and offer to sell the products and to enable buyer to
purchase the products so offered ("Products"), and other incidental
Services thereto ("Services") including use of the Website by any
User.
1.2 These Terms of Use are subject to revision by Global
Artisans Pvt Ltd at any time and hence the Users are requested to carefully
read these Terms of Use from time to time before using the Website. The revised
Terms of Use shall be made available on the Website. You are requested to
regularly visit the Website to view the most current Terms of Use. In the event
such a facility is provided on the Website, You can determine when Www.theglobalartisans.com
last modified any part of the Agreement by referring to the "Last
Updated" legend provided in that document. It shall be Your responsibility
to check these Terms of Use periodically for changes. Www.theglobalartisans.com
may require You to provide Your direct or indirect consent to any update in a
specified manner before further use of the Website and the Services. If no such
separate consent is sought, Your continued use of the Website and/or Services,
following such changes, will constitute Your acceptance of those changes.
1.3 If there is any conflict:
(i) between the Privacy Policy and any other Agreement, the Privacy Policy
shall take precedence' but only to the extent of the conflict;
(ii) between the Additional Service Terms and any other part of these Terms of
Use, the Additional Service Terms shall take precedence in relation to that
Service;
(iii) between the Seller Agreement and any other part of these Terms of Use,
the Seller Agreement shall take precedence but only to the extent of the
conflict;
(iv) between these Terms of Use and any other notices, disclaimers or
guidelines appearing on the Website, these Terms of Use shall take precedence
but only to the extent of the conflict.
2. Services
2.1 The Website is an electronic platform in the form of an
electronic marketplace and an intermediary that (a) provides a platform for
Users (who are sellers) to advertise, exhibit, make available and offer to sell
various Products to other Users (who are buyers / customers), and (b) a
platform for such other Users to accept the offer to sell of the Products made
by the sellers on the Website and to make payments to the sellers for purchase
of the Products, and (c) services to facilitate the engagement of buyers and
sellers to under commerce on the Website, and (d) such other services as are
incidental and ancillary thereto. The Services are offered to the Users through
various modes which may include issue of coupons and vouchers that can be
redeemed for various Products.
3. Eligibility to Use
3.1 The Services are not available to minors under the age
of eighteen (18) or to any Users suspended or removed from the Www.theglobalartisans.com
system by Www.theglobalartisans.com for any reason whatsoever. If You are
disqualified as per the preceding sentence, You shall not be permitted to avail
of the Services or use the Website. You represent that You are of legal age to
form a binding contract and are not a person barred from receiving the Services
under the laws as applicable in India. Notwithstanding the foregoing, if You
are below the age of eighteen (18) years, please read through these Terms of
Use with your parent or legal guardian, and in such a case these Terms of Use
shall be deemed to be a contract between Www.theglobalartisans.com and Your
legal guardian or parent and to the extent permissible under applicable laws,
enforceable against You.
3.2 Www.theglobalartisans.com reserves the right to refuse
access to use the Services offered at the Website to new Users or to terminate
access granted to existing Users at any time without according any reasons for
doing so.
3.3 You shall not have more than one active Account (defined
hereunder) on the Website. Additionally, You are prohibited from selling,
trading, or otherwise transferring Your Account to another person.
4. User Account,
Password, and Security
4.1 You may access and use the Website and the Services
either as a registered user or as a guest user. However, not all sections of
the Website and Services will be accessible to guest users.
4.2 Registered users: Www.theglobalartisans.com makes
certain sections of the Services available to You through the Website only if
You have provided Www.theglobalartisans.com certain required User information
and created an account and a Www.theglobalartisans.com ID through certain
log-in ID and password ("Account"). You can create Your Account on
the Website through logging in by Your third party website user ID and password
including that of www.facebook.com, websites owned by Yahoo Inc. or its
subsidiaries, Google Inc. or its subsidiaries, twitter or any other social
media website or any other Internet service as permitted on the Website (Www.theglobalartisans.com
ID and/or other third party login identification as provided above are
individually and collectively referred to the "Account Information").
In the event You register as a User by creating an Account in order to avail of
the Services provided by the Website, You will be responsible for maintaining
the confidentiality and security of the Account Information, and are fully
responsible for all activities that occur under Your Account. You agree to (a)
immediately notify Www.theglobalartisans.com of any unauthorized use of Your
Account Information or any other breach of security, and (b) ensure that You
exit from Your Account at the end of each session. Www.theglobalartisans.com
cannot and will not be liable for any loss or damage arising from Your failure
to comply with this section. You may be held liable for losses incurred by Www.theglobalartisans.com
or any other user of or visitor to the Website due to authorized or
unauthorized use of Your Account as a result of Your failure in keeping Your
Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website's
registration form is complete, accurate and up-to-date. Use of another user's
Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or
incomplete (or becomes untrue, inaccurate, not current or incomplete), or Www.theglobalartisans.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Www.theglobalartisans.com has the right to suspend
or terminate Your Account and refuse any and all current or future use of the
Website / Services (or any portion thereof).
4.3 Guest users: The Website also allows limited access to
the Services for unregistered Users (also called as 'guest users'). Such users
will be able to browse the Website and use the Services for the purpose of
purchasing goods, and placing orders. However, You will not be provided with
access to certain benefits reserved only for the purpose of registered users.
These benefits may change from time to time.
4.4 Depending upon whether You are a seller or a buyer or
another user who otherwise wish to use the Website, and the nature of Services
You wish to avail from the Website, You may be required to provide certain
personal information and Www.theglobalartisans.com may collect certain personal
information. Your provision of, and Www.theglobalartisans.com's collection,
storage, use, disclosure and otherwise dealing of such personal information
shall be governed by Www.theglobalartisans.com's privacy policy, which is
available at http://www.www.theglobalartisans.com.com/page/terms ("Privacy
Policy").
5. Payments related
Information
5.1 Presently, Www.theglobalartisans.com does not levy any
fee for browsing the Website or buying the Products on the Website. Www.theglobalartisans.com
may charge Users certain fees for the use of the Website and Services as a
whole, or certain features of the Website / Services. You agree to pay any such
fees, as may be applicable to the Services that You use. Www.theglobalartisans.com
will try to ensure that You are made aware of the applicability of any fees for
a particular use of the Website / Services, as well as the amount of fees
payable by You for any such use of the Website / Service. You agree that Www.theglobalartisans.com
may, at any time, charge, modify or waive fees required to use the Website.
Your continued use of the Website / Services after such change in the fees will
be considered to be Your acceptance of such changes, and the applicability of
these Terms of Use to such changes.
5.2 You agree to provide correct and accurate financial
information, such as credit/debit card details to the approved payment gateway
or pre-paid payment instrument account details for availing Services on the
Website. You shall not use the credit/debit card or pre-paid payment instrument
which is not lawfully owned by You, i.e. in any transaction, You must use Your
own credit/debit card or pre-paid instrument account. The information provided
by You will not be utilized or shared with any third party unless required in
relation to fraud verifications or by law, regulation or court order or in
accordance with the terms of the Privacy Policy. You will be solely responsible
for the security and confidentiality of Your credit/debit card details or
pre-paid instrument account. Www.theglobalartisans.com expressly disclaims all
liabilities that may arise as a consequence of any unauthorized use of Your
credit/ debit card or pre-paid instrument account.
5.3 Www.theglobalartisans.com may have existing arrangements
with its banks, regarding limits on the amounts You can pay (if You are a
buyer) or receive (if You are a seller) in the course of a single transaction. Www.theglobalartisans.com
will work towards ensuring that You are made aware of such limits if they may
be applicable to You. However, Www.theglobalartisans.com shall be under no
liability whatsoever in respect of any loss or damage arising directly or
indirectly out of the decline of authorization for any transaction, on account
of You/cardholder having exceeded the preset limit mutually agreed by Www.theglobalartisans.com
with its bank from time to time.
5.4 For Your making payments for buying the Products on the
Website, in addition to the Agreement(s), the terms and conditions of Your
bank, applicable financial institution and/or card issuing association may also
be applicable to You. Your bank, financial institution or card issuing
association may decline or prevent You from making electronic payments for
buying the Products on Website and Www.theglobalartisans.com does not control
the same and shall be liable for the same.
5.4 Payment Facility for Your orders: Www.theglobalartisans.com
may from time to time contract with third party payment service providers
including banks to open nodal bank account under applicable Indian laws, to
facilitate the payment between Users i.e. buyers and sellers and for collection
of Www.theglobalartisans.com's fees and other charges. These third party
payment service providers may include third party banking or credit card
payment gateways, payment aggregators, pre-paid instruments, cash on delivery
or demand draft / pay order on delivery service providers, mobile payment
service providers or through any facility as may be authorized by the Reserve
Bank of India for collection, refund and remittance, as the case may be of
payment or supporting the same in any manner. Www.theglobalartisans.com shall
initiate the remittance of the payments made by Your for Your purchase orders
on the Website after the Products are delivered to You and the date of
completion of transaction shall be after the Products are delivered to You and
such other additional time as may be agreed between Www.theglobalartisans.com
and sellers.
6. User Obligations And Role Of Www.theglobalartisans.com
6.1 Subject to compliance with the Agreement(s), Www.theglobalartisans.com
grants You a non-exclusive, non-sub-licensable, non-transferable, revocable,
and limited right to access and use this Website and the Services provided
therein.
6.2 You agree to use the Services, Website and the Content
(as defined herein) provided therein only for purposes that are permitted by:
(a) the Agreement(s) (including these Terms of Use); and (b) any applicable
law.
6.3 You agree to adhere to all limitations on dissemination,
use and reproduction of any materials (such as the Product catalogues) that
Your access on the Website in accordance with clause 7.
6.4 You agree not to access (or attempt to access) the
Website or Services by any means other than through the interfaces that are
provided by Www.theglobalartisans.com. You shall not use any 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 (as defined below), or in any way reproduce
or circumvent the navigational structure or presentation of the Website, to
obtain or attempt to obtain any materials, documents or information through any
means not specifically made available through the Website.
6.5 If you believe that any Content or User Content (as
defined herein) or other content available on the Website does not comply with
the terms of the Agreement(s) or applicable law, You may report such content in
the manner prescribed under clause 14 herein.
6.6 The Website may allow you to post certain content, data
or information of Your own such as allowing You to rate Products, seller, post
your comments, and reviews in relation to Products on specific pages of the
Website, as well as submit any suggestions, comments, questions or other information
to Www.theglobalartisans.com using the Website / Services (collectively
referred to "User Content"). You, being the originator of the User
Content, are responsible for the User Content that You upload, post, publish,
transmit or otherwise make available on the Website. You represent that you
have obtained all relevant consents and approvals in order to post any User
Content. You further represent that all such User Content will be in accordance
with applicable law. You acknowledge that Www.theglobalartisans.com does not
endorse any User Content on the Website and is not responsible or liable for
any User Content. Www.theglobalartisans.com reserve the right to disable access
to the User Content on the Website.
6.7 You hereby grant Www.theglobalartisans.com a perpetual,
non-revocable, worldwide, royalty-free and sub-licensable right and license to
use, copy, distribute, display, publish, transmit, make available, reproduce,
modify, adapt the User Content and create derivate works of the User Content.
You represent and warrant that You own or otherwise control all of the rights
to the User Content that You post or that You otherwise provide on or through
the Website; and that, as at the date that the User Content is posted or
submitted on the Website: (i) the User Content is accurate; (ii) use of the
User Content You supply does not breach these Terms of Use; and (iii) that such
User Content is lawful.
6.8 You agree, understand and acknowledge that the Website
is an electronic platform in the form of an electronic marketplace and an
intermediary that provides an electronic venue where various Users may
electronically meet and interact with each other to engage in commerce and
transact. You further agree and acknowledge that Www.theglobalartisans.com is only
a facilitator and is not and cannot be a party to or control in any manner any
advertisement, exhibition, making available, offer to sell or transactions of
sale or purchase of Products on the Website. Www.theglobalartisans.com is not
the seller of the Products. Accordingly, any contract for the sale / purchase
of Products on the Website is a bipartite contract between You and the sellers
(if You are a buyer) or You and the buyer (if You are a seller). Www.theglobalartisans.com
neither recommends You to buy or sell any Products on the Website nor does Www.theglobalartisans.com
endorses any such Products and nor does Www.theglobalartisans.com provides any
guarantee, warranties or assurance with respect to the advertisement,
exhibition, making available, offer to sell or transactions of sale or purchase
of Products on the Website. Further, Www.theglobalartisans.com does not
guarantee, warranty or provide any assurance on the behaviour of any User of
the Website including any guarantee, warranty or assurance that any User
(whether buyer or seller) will complete any transaction or act in a prudent
manner.
6.9 When you use the Website and/or the Services You
specifically undertake not to host, display, upload, modify, publish, transmit,
update or share any information or Content that:
6.10 You agree that You are solely responsible to Www.theglobalartisans.com
and to any third party for any breach of Your obligations under these Terms of
Use or other Agreements and for the consequences (including any loss or damage
which Www.theglobalartisans.com or its affiliates or its vendors may suffer)
for any such breach.
6.11 Www.theglobalartisans.com does not pre-screen User
Content. Www.theglobalartisans.com has no obligation to monitor any User
Content. However, Www.theglobalartisans.com at its discretion and/or in
accordance with applicable law may monitor any User Content and may remove any
User Content from the Website if Www.theglobalartisans.com determines in its
sole discretion that such User Content is in violation of these Terms of Use or
any applicable law. Where Www.theglobalartisans.com removes any User Content
from the Website, Www.theglobalartisans.com will make reasonable efforts to
inform the user who had posted such User Content. Such actions do not in manner
negate or dilute Www.theglobalartisans.com's position as an intermediary or
impose any liability on Www.theglobalartisans.com with respect to User Content.
6.12 You shall solely be responsible for maintaining the
necessary computer / mobile equipment, internet connections and other software
and technologies that may be required to access, use and transact on the
Website. You may incur access or data fees from third parties in connection
with your purchase and/or use of the services. You are responsible for all such
fees.
6.13 You shall use this Website, and any voucher/coupons
purchased through it, for personal, non-commercial use only and shall not
re-sell the same to any other person.
6.14 You may need to install updates that we or any third
party introduce from time to time to use the services, Products, Website
including downloads and required functionality, such as bug fixes, patches,
enhanced functions, missing plug-ins and new versions (collectively,
"Updates"). Your use of the Products or Website you have installed requires
that you have agreed to receive such automatically requested Updates.
6.15 Any purchase of the Products from the Website will be
strictly for personal use of the User. The User hereby expressly agrees that
any merchandize or Services purchased by the User will not be sold, resold,
bartered or in any way used for any commercial purposes or for profit. The User
hereby acknowledges that the Products purchased are not transferrable to any
third party for profit. Accordingly, Www.theglobalartisans.com reserves the
right to cancel any orders that classify as 'Bulk Order' as determined by Www.theglobalartisans.com
as per certain criteria. Any rewards or benefits provided by Www.theglobalartisans.com
and used by You for placing the 'Bulk Order' will not be refunded. An order can
be classified as 'Bulk Order' if it meets certain criteria adopted by Www.theglobalartisans.com
for the purpose of identifying 'Bulk Order', including but not limited to:
a. Products ordered for commercial resale and not for self-consumption;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product ordered;
d. Invalid address given in order details; or
e. Any malpractice used to place the order.
6.16 There may be certain orders that Www.theglobalartisans.com
is unable to process or pass on buyer's order to the seller and must cancel.
Some situations that may result in Www.theglobalartisans.com's inability to
process or pass on buyer's order to the seller include, without limitation,
non- availability of the Website service, force majeure, credit limitations or
suspected fraud.
6.17 In case buyer purchases multiple Products in one
transaction, the Seller(s) may deliver all such Products together. However,
this may not always be possible. If buyer purchases multiple Products in a
single transaction, then all the Products would be dispatched to a single
delivery address provided by buyer at the time of purchase. If buyer wishes to
get delivery of the Products to different addresses, then buyer should purchase
the Products under separate transactions and provide separate delivery addresses
for each transaction, as may be required. Buyer agrees that the delivery of the
Products can be made to the person who is present at the shipping address
provided by You.
6.18 In certain cases, where buyer requires certain services
in relation to a Product, such as warranty, after-sales or installation
services, buyer shall directly contact seller or the manufacturer. However, in
the event, buyer contacts Www.theglobalartisans.com for the same, Www.theglobalartisans.com
may inform the seller to provide or facilitate the provision of such services
to the buyer. Www.theglobalartisans.com is not and shall not be obliged to
provide any such additional services. Www.theglobalartisans.com's role in
relation to facilitating such services shall be limited to facilitating
communication between buyer and the seller for the purpose of provision of such
additional services.
6.19 You represent and warrant that (i) You are not located
in a country that is subject to a U.S. Government embargo, or that has been designated
by the U.S. Government as a "terrorist supporting" country; and (ii)
You are not listed on any U.S. Government list of prohibited or restricted
parties.
7. Use of Content
7.1 Except as expressly indicated to the contrary in any
applicable Additional Service Terms, Www.theglobalartisans.com hereby grants
You a non-exclusive, revocable and non-transferable right to view, download and
print product catalogues available on the Website, subject to the following
conditions:
7.2 The rights granted to You in the product catalogues or
any other materials as specified above are not applicable to the design, layout
or look and feel of the Website. Such elements of the Website are protected by
intellectual property rights and may not be copied or imitated in whole or in
part.
7.3 Any software that is available on the Website is the
property of Www.theglobalartisans.com or its vendors. You may not use, download
or install any software available at the Website, unless otherwise expressly
permitted by the Agreement or by the express written permission of Www.theglobalartisans.com.
8. Intellectual Property Rights
8.1 The Website and the processes, and their selection and
arrangement, including but not limited to all text, graphics, user interfaces,
visual interfaces, sounds and music (if any), artwork and computer code
(collectively, the "Content") on the Website is owned and controlled
by Www.theglobalartisans.com or its licensors and the design, structure,
selection, coordination, expression, look and feel and arrangement of such Content
is protected by copyright, patent and trademark laws, and various other
intellectual property rights. Through Your use of the Website, by no means are
any rights impliedly or expressly granted to You in respect of such Content. Www.theglobalartisans.com
reserves the right to change or modify the Content from time to time at its
sole discretion.
8.2 The trademarks, logos and service marks displayed on the
Website ("Marks") are the property of Www.theglobalartisans.com or
their vendors/seller or respective third parties. You are not permitted to use
the Marks without the prior consent of Www.theglobalartisans.com, the
vendor/seller or the third party that may own the Marks.
8.3 Unless otherwise indicated or anything contained to the
contrary or any proprietary material owned by a third party and so expressly
mentioned, Www.theglobalartisans.com owns all intellectual property rights to
and into the trademark "Www.theglobalartisans.com", and the Website,
including, without limitation, any and all rights, title and interest in and to
copyright, related rights, patents, utility models, designs, know-how, trade
secrets and inventions (patent pending), goodwill, source code, meta tags,
databases, text, content, graphics, icons, and hyperlinks.
8.4 Except as expressly provided herein, You acknowledge and
agree that You shall not copy, republish, post, display, translate, transmit,
reproduce or distribute any Content through any medium without obtaining the
necessary authorization from Www.theglobalartisans.com or thirty party owner of
such Content.
9. Third Party
Content
9.1 General third party information such as, product
catalogues, product description and specifications, lists of dealers, reports
on news, entertainment, technology and features, advertisements including
videos, images and photographs of the products, links to third party websites
and other data from external sources is made available on the Website
("Third Party Content"). The provision of Third Party Content is for
general informational purposes only. You acknowledge that the Third Party
Content provided to You is obtained from sources believed to be reliable or
provided by the sellers in the process of advertising, exhibiting and offering
to sell the Products on the Website. All Third Party Content is provided on an
'As Is' basis. Www.theglobalartisans.com may not own / have the rights and
title to any such Third Party Content, or provide any guarantee with respect to
the accuracy, title, merchantability, non-infringement or fitness for a
particular purpose of any Third Party Content. Www.theglobalartisans.com shall
not be held liable for any loss suffered by You based on Your reliance on or
use of such Third Party Content.
9.2 In the event any Third Party Content contains links to
third party websites, and You visit any such external link, You agree to do so at
your own risk, responsibility and liability. Www.theglobalartisans.com makes no
warranty or representation regarding, and does not endorse, any website linked
to the Website / Services or the information appearing thereon or any of the
products or services described thereon.
10. Disclaimer Of
Warranties & Liability
10.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY
THIRD PARTY CONTENT ARE PROVIDED BY WWW.THEGLOBALARTISANS.COM 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, WWW.THEGLOBALARTISANS.COM MAKES NO WARRANTY THAT (I) THE WEBSITE OR
THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE,
ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET
YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES
WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM WWW.THEGLOBALARTISANS.COM OR THROUGHTHE WEBSITE / CONTENTOR FROM
USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS OF USE.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WWW.THEGLOBALARTISANS.COM
WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING
UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR
OTHER LAWS. WWW.THEGLOBALARTISANS.COM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT
TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND /
OR THIRD PARTY CONTENT.
10.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW WWW.THEGLOBALARTISANS.COM WILL NOT BE LIABLE
FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR
ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES,
EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WWW.THEGLOBALARTISANS.COM HAS ENDEAVORED
TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT WWW.THEGLOBALARTISANS.COM
NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY
OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. WWW.THEGLOBALARTISANS.COM
SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR
RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE
FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES
AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE. FURTHER, WWW.THEGLOBALARTISANS.COM SHALL NOT BE HELD RESPONSIBLE
FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR
ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO
TECHNICAL REASONS OR FOR ANY REASON BEYOND WWW.THEGLOBALARTISANS.COM 'S
CONTROL. 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. WWW.THEGLOBALARTISANS.COM IS NOT RESPONSIBLE FOR ANY
TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WWW.THEGLOBALARTISANS.COM
ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY
INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10.4 In the event You have purchased / downloaded the
Website from any online application stores, whether provided by Apple, Inc.,
Google, Inc. or Blackberry Limited (or their respective affiliates)
(collectively referred to as "Store Providers"), and there occurs any
failure of the Website and / or Services, You may follow the process
recommended by the Store Provider under the terms of the contract applicable
between You and such Store Provider. The Store Providers shall not be liable
for any (i) warranty obligations of Www.theglobalartisans.com and related
claims, losses, liabilities, damages, costs or expenses; (ii) product liability
/ consumer protection claims, and claims related to the Website's
non-conformity with any applicable laws; and (iii) any third party claims of
infringement of intellectual property rights by the Website / Www.theglobalartisans.com.
11. Indemnification
and Limitation of Liability
11.1 You agree to indemnify, defend and hold harmless Www.theglobalartisans.com,
its subsidiaries, affiliates, vendors, agents and their respective directors,
officers, employees, contractors and agents (herein after individually and
collectively referred to as "indemnified parties") from and against
any and all losses, liabilities, claims, suits, proceedings, penalties,
interests, damages, demands, costs and expenses (including legal and other
statutory fees and disbursements in connection therewith and interest
chargeable thereon) asserted against or incurred by the indemnified parties
that arise out of, result from, or in connection with (i) Your breach of the
Agreement(s); or (ii) any claims made by any third party due to, or arising out
of, or in connection with, Your use of the Website; or (iii) any claim that any
Third Party Content / content, information or materials provided by You caused
damage to a third party; or (iv) Your violation of any rights of another,
including any intellectual property rights.
11.2 Www.theglobalartisans.com may notify You of any claims
which You shall be liable to indemnify Www.theglobalartisans.com against. You
will then be required to consult with Www.theglobalartisans.com regarding the
course of action to be undertaken in defending such a claim. Further, You shall
not compromise or settle any claim or admit any liability or wrongdoing on the
part of Www.theglobalartisans.com without the express prior written consent of Www.theglobalartisans.com
which can be withheld or denied or conditioned by Www.theglobalartisans.com in
its sole discretion.
11.3 Notwithstanding anything to contrary in the
Agreement(s), Www.theglobalartisans.com's entire and aggregate liability to You
under and in relation to these Terms of Use or otherwise shall not exceed the
greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any,
paid by You to Www.theglobalartisans.com under the relevant order to which the
cause of action for the liability relates.
11.4 Notwithstanding anything to contrary in the
Agreement(s), in no event shall Www.theglobalartisans.com, its subsidiaries or
affiliates and their respective officers, directors, employees, partners or
suppliers be liable to You for any special, incidental, indirect,
consequential, exemplary or punitive damages whatsoever, including those
resulting from loss of use, data or profits, whether or not foreseeable or
whether or not Www.theglobalartisans.com has 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
Content.
12. Terms
12.1 The Agreement will continue to apply until terminated
by either You or Www.theglobalartisans.com as set forth below. If You want to
terminate Your agreement with Www.theglobalartisans.com, You may do so by (i)
not accessing the Website; or (ii) closing Your Account for all of the Services
that You use, where Www.theglobalartisans.com has made this option available to
You.
12.2 You agree that Www.theglobalartisans.com may, in its
sole discretion and without prior notice, terminate Your access to the Website
and block Your future access to the Website if Www.theglobalartisans.com
determines that You have violated the terms of these Terms of Use or any other
Agreement(s). You also agree that any violation by You of the Agreement(s) will
cause irreparable harm to Www.theglobalartisans.com, for which monetary damages
may be inadequate, and You consent to Www.theglobalartisans.com obtaining any
injunctive or equitable relief that Www.theglobalartisans.com deems necessary
or appropriate in such circumstances. These remedies are in addition to any
other remedies Www.theglobalartisans.com may have at law or in equity.
12.3 In addition to Clause 12.2 above, Www.theglobalartisans.com
may, at any time, with or without notice, terminate these Terms of Use (or
portion thereof, such as any individual Additional Terms) with You if:
12.4 Www.theglobalartisans.com may also terminate or suspend
all or a portion of Your Account or access to the Services with or without
reason. Except as may be set forth in any Additional Terms applicable to a
particular Service, termination of Your Account may include: (i) removal of
access to all offerings within the Website or with respect to the Services;
(ii) disabling access to the Account Information, including Your personal
information, log-in ID and password, and all related information, files and
materials associated with or inside Your Account (or any part thereof), and any
User Content uploaded by You; and (iii) prohibiting further use of the
Services.
12.5 You agree that all terminations shall be made in Www.theglobalartisans.com's
sole discretion and that Www.theglobalartisans.com shall not be liable to You
or any third party for any termination of Your Account (and accompanying
deletion of Your Account Information), or Your access to the Website and
Services.
12.6 Notwithstanding the foregoing, these such terms of this
Agreement as are meant to survive termination / expiry of this Agreement, will
survive indefinitely unless and until Www.theglobalartisans.com chooses to
terminate them. Www.theglobalartisans.com may inform the sellers who have
accepted Your purchase orders on the Website, that this Agreement is
terminated, and upon such information sellers may cancel the purchase order. Www.theglobalartisans.com
may also cancel all Your non-fulfilled orders on the Website without any
obligation or liability towards You.
13. Governing Law and
Jurisdiction
13.1 These Terms of Use and all transactions entered into on
or through the Website and the relationship between You and Www.theglobalartisans.com
shall be governed in accordance with the laws of India without reference to
conflict of laws principles.
13.2 You agree that all claims, differences and disputes
arising under or in connection with or in relation hereto the Website, these
Terms of Use, the Agreement(s) or any transactions entered into on or through
the Website or the relationship between You and Www.theglobalartisans.com shall
be subject to the exclusive jurisdiction of the courts at New Delhi, India and
You hereby accede to and accept the jurisdiction of such courts. Each party
hereby irrevocably waives any objection which such party may now or hereafter
have to the laying of improper venue or forum non convenient. Each party agrees
that a judgment in any such action or proceeding may be enforced in other
jurisdictions by suit on the judgment or in any manner provided by law. Any and
all service of process and any other notice in any such suit, action or
proceeding with respect to this Agreement shall be effective against a party if
given as provided herein.
14. Report Abuse And
Take Down Policy
14.1 In the event You come across any abuse or violation of
these Terms of Use or if You become aware of any objectionable content on the
Website, or if You believe your intellectual property rights have been violated
in any manner through the Website, please refer to the Www.theglobalartisans.com
Report and Take Down Policy available at www.www.theglobalartisans.com.com
under "Policy Info" section.
15. Communications
15.1 When You use the Website or send emails or other data,
information or communication to Www.theglobalartisans.com, You agree and
understand that You are communicating with Www.theglobalartisans.com through
electronic records and You consent to receive communications via electronic
records from Www.theglobalartisans.com periodically and as and when required. Www.theglobalartisans.com
will communicate with You by email or by notices on Website or electronic
records on the Website or on Your mobile number which will be deemed adequate
service of notice / electronic record to the maximum extent permitted under any
applicable law,
16. General
Provisions
16.1 Notice: All notices with respect to these Terms of Use
from Www.theglobalartisans.com will be served to You by email or by general
notification on the Website. Any notice provided to Www.theglobalartisans.com
pursuant to these Terms of Use should be sent to Grievance Officer at
grievanceofficer@www.theglobalartisans.com.com.
16.2 Assignment: You cannot assign or otherwise transfer the
Agreements, or any rights granted hereunder or any obligations, to any third
party and any such assignment or transfer or purported assignment or transfer
shall be void ab initio. Www.theglobalartisans.com's rights and/or obligations
under the Agreement are freely assignable or otherwise transferable by Www.theglobalartisans.com
to any third parties without the requirement of seeking Your prior consent. Www.theglobalartisans.com
may inform You of such assignment or transfer in accordance with the notice
requirements under the Agreement. Www.theglobalartisans.com shall have right to
transfer Your Account and Account Information to a third party who purchases Www.theglobalartisans.com's
business as conducted under the Website.
16.3 Severability: If, for any reason, a court of competent
jurisdiction finds any provision of the Agreement, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of the parties as reflected by
that provision, and the remainder of the Agreement shall continue in full force
and effect. Www.theglobalartisans.com may amend in a reasonable manner such
provision to make it enforceable and such amendment will be given effect in
accordance with the amendment terms of these Terms of Use.
16.4 Waiver: Any failure or delay by a party to enforce or
exercise any provision of the Agreement, or any related right, shall not
constitute a waiver by such party of that provision or right. The exercise of
one or more of a party's rights hereunder shall not be a waiver of, or preclude
the exercise of, any rights or remedies available to such party under these
Terms of Use or in law or at equity. Any waiver by a party shall only be made
in writing and executed by a duly authorized officer of such party.
16.5 Principal to Principal Relationship: You and Www.theglobalartisans.com
are independent contractors, and nothing in these Terms of Use will be
construed to create a partnership, joint venture, association of persons,
agency (disclosed or undisclosed), franchise, sales representative, or
employment relationship between You and Www.theglobalartisans.com. As an
abundant caution, it is clarified that Www.theglobalartisans.com shall not have
any right to conclude any contract for sale or purchase of Products for and /
or on Your behalf and both You and Www.theglobalartisans.com have entered this
agreement on principal to principal basis.
16.6 Force Majeure: If performance of any service or
obligation under these Terms of Use or other Agreement by Www.theglobalartisans.com
is, or other third parties in fulfillment of any purchase or sale transaction
(for eg: logistics service provider, fulfillment center, payment gateways etc.)
are, prevented, restricted, delayed or interfered with by reason of labor
disputes, strikes, acts of God, floods, lightning, severe weather, shortages of
materials, rationing, utility or communication failures, earthquakes, war,
revolution, acts of terrorism, civil commotion, acts of public enemies,
blockade, embargo or any law, order, proclamation, regulation, ordinance,
demand or requirement having legal effect of any government or any judicial
authority or representative of any such government, or any other act
whatsoever, whether similar or dissimilar to those referred to in this clause,
which are beyond the reasonable control of Www.theglobalartisans.com or its
third parties performing such services as sub-contractor to Www.theglobalartisans.com
and could not have been prevented by reasonable precautions (each, a
"Force Majeure Event"), then Www.theglobalartisans.com shall be
excused from such performance to the extent of and during the period of such
Force Majeure Event. Www.theglobalartisans.com shall exercise all reasonable
commercial efforts to continue to perform its obligations hereunder.
16.7 Grievance Officer: In compliance with Information
Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Www.theglobalartisans.com
for the purpose of this Agreement shall be Mr. Jatin Jain with email address:
grievanceofficer@www.theglobalartisans.com.com. Www.theglobalartisans.com may
change the aforesaid details from time to time under intimation to You.
17. Feedback and
Information
17.1 Any feedback You provide to this Website shall be
deemed to be non-confidential. Www.theglobalartisans.com shall be free to use
such information on an unrestricted basis. Further, by submitting the feedback,
You represent and warrant that (i) Your feedback does not contain confidential
or proprietary information of You or of third parties; (ii) Www.theglobalartisans.com
is not under any obligation of confidentiality, express or implied, with
respect to the feedback; (iii) Www.theglobalartisans.com may have something
similar to the feedback already under consideration or in development; and (iv)
You are not entitled to any compensation or reimbursement of any kind from Www.theglobalartisans.com
for the feedback under any circumstances.
17.2 To clarify, Www.theglobalartisans.com may at its
discretion, make any modifications or changes to the Website, Content and / or
Services on the basis of such feedback, however Www.theglobalartisans.com shall
not be obliged to do so. Further, in the event that Www.theglobalartisans.com
makes any changes or modifications to the Website, Content and / or Services on
the basis of any such feedback, You shall not have any rights or title
(including any intellectual property rights) in such changes or modifications
to the Website, Content and / or Services. You expressly waive any and all
rights in such changes or modifications to the Website, Content and / or
Services, and assign to Www.theglobalartisans.com, all worldwide rights and
title (including any intellectual property rights) to such changes or
modifications to the Website, Content and / or Services, in perpetuity. You
hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956,
or other similar provisions in laws of any jurisdiction, in relation to any
such changes or modifications to the Website, Content and / or Services.