Terms of Service

art heart → terms of service

Acceptance of Terms

The domain name www.artheart.in (hereinafter referred to as “Website”) is owned by art heart, a proprietary concern owned by Bihari Lund, with its office at 701/26 Om Chaitanya, POPCO, Versova, Mumbai 400 061 India (hereinafter referred to as “art heart”).

art heart provides a service for selling original works of art (the “Services”) through the Website.

These Terms of Service (hereinafter referred to as the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website and any related mobile or software. These Terms are subject to change and hence you are advised to refer to them when availing any services provided by art heart.

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 and/or mobile or software application by registering on the Website and/or mobile or software application as Registered User . art heart allows the User to surf the Website and/or mobile or software application for the purpose of making purchases through the website and/or mobile or software application, without registering on the Website and/or mobile or software application. The term “We”, “Us”, “Our” shall mean art heart, their employees, associates and/or affiliates, wherever the context so requires.

Please read these Terms carefully. By accessing or using the Website and/or mobile or software application, you are agreeing to these Terms and concluding a legally binding contract with art heart. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by

Clicking to accept or agree to the Terms, where it is made available to you by art heart in the user interface for any particular Service; or
Actually, using the Services. In this case, you understand and agree that art heart will treat your use of the Services as acceptance of the Terms from that point onwards.

Certain areas of the Website and/or mobile or software application and certain services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Website and/or mobile or software application or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Website and/or mobile or software application or Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR SERVICES OR BY PURCHASING A WORK ON OR THROUGH THE WEBSITE OR AVAIL ANY SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE OR SERVICES. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

Changes to the Terms

art heart reserves the right, at its sole discretion, to modify, discontinue or terminate the Website and/or mobile or software application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website and/or mobile or software application or provide you with notice of the modification. By continuing to access or use the Website and/or mobile or software application or Services after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you are advised to cease using the Website and/or mobile or software application and Services.

Eligibility

Use of the Website and/or mobile or software application is available only to persons who can form legally binding contracts 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 etc. are not eligible to use the Website and/or mobile or software application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the art heart Website and/or mobile or software application and shall not transact on or use the Website and/or mobile or software application. As a minor if you wish to use or transact on Website and/or mobile or software application, such use or transaction may be made by your legal guardian or parents on the Website and/or mobile or software application. art heart reserves the right to terminate your Membership and / or refuse to provide you with access to the Website and/or mobile or software application if it is brought to art heart’s notice or if it is discovered that you are under the age of 18 years.

Communications

When You use the Website and/or mobile or software application 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. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

All commercial/contractual terms are offered by and agreed to between Buyers and art heart alone. The commercial/contractual terms include with limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. art heart does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial/ contractual terms by any third party, such as delivery companies, charitable organisations, installation, framing agencies etc.
art heart does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website and/or mobile or software application. art heart does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website and/or mobile or software application, for future gains. art heart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
art heart is not responsible for any non-performance or breach of any contract entered into between Buyers and any third parties engaged for the purposes of packaging, storage or transportation of the works of art. art heart cannot and does not guarantee that the concerned Buyers and/or third parties will perform any transaction concluded on the Website and/or mobile or software application. art heart shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and third parties.
art heart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and/or mobile or software application and use Your best judgment in that behalf.
art heart does not at any point of time during any transaction between Buyer and third party on the Website and/or mobile or software application come into or take possession of any of the products or services offered by third party nor does it at any point gain title to or have any rights or claims over the products or services offered by third party to Buyer.
At no time shall art heart hold any right, title or interest over the products nor shall art heart have any obligations or liabilities in respect of such contract entered into between Buyers and third party. art heart is not responsible for unsatisfactory or delayed performance of services.
The Website and/or mobile or software application is only a platform that can be utilized by Users to reach a larger base to buy products or services. art heart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the art heart and the Buyer. At no time shall art heart hold any right, title or interest over the commitments by third party nor shall art heart have any obligations or liabilities in respect of such contract.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the third party that you transact with.
You release and indemnify art heart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the third-party users of the Website and/or mobile or software application and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, art heart cannot take responsibility or control the information provided by any third party which is made available on the Website and/or mobile or software application.

You understand and agree that art heart uses reasonable efforts to display the colours of Original Works of Art accurately via the Website and/or mobile or software application and Services. However, because individual computer monitors may display colours differently, art heart is not responsible for the colour accuracy of any Original Works of Art displayed on the Website and/or mobile or software application and Services, and disclaims all liability in this regard.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and/or mobile or software application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or mobile or software application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website and/or mobile or software application. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website and/or mobile or software application, or any other systems or networks connected to the Website and/or mobile or software application or to any server, computer, network, or to any of the services offered on or through the Website and/or mobile or software application, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website and/or mobile or software application or any network connected to the Website and/or mobile or software application nor breach the security or authentication measures on the Website and/or mobile or software application or any network connected to the Website and/or mobile or software application. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website and/or mobile or software application, or any other customer, including any account on the Website and/or mobile or software application not owned by You, to its source, or exploit the Website and/or mobile or software application or any service or information made available or offered by or through the Website and/or mobile or software application, in any way where the purpose is to reveal any information, including but not limited to personal data or information.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or mobile or software application or any communication being conducted on the Website and/or mobile or software application, or with any other person’s use of the Website and/or mobile or software application.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website and/or mobile or software application or any service offered on or through the Website and/or mobile or software application. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You may not use the Website and/or mobile or software application or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of art heart and / or others.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, Rules and Regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST /Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and purchase of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website and/or mobile or software application.

art heart will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. art heart may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that art heart has no obligation to monitor your access to or use of the Website and/or mobile or software application or Services or to remove any Content, but has the right to do so for the purpose of operating the Website and/or mobile or software application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. art heart reserves the right, at any time and without prior notice, to remove or disable access to any Content, listings for Original Works of Art, art heart Content or any other text, graphics, images, software, music, audio, video, information or other content or material that art heart, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Website and/or mobile or software application or Services.

art heart Content

graphics, audio, video and images of works of art (collectively, “art heart Content“), some of which is owned by art heart (“art heart -owned Content“), and some of which is made available under license by a third party (“art heart -licensed Content“). The copyright in the art heart Content belongs to art heart or their licensor. You are permitted to view the art heart content available on the Website and/or mobile or software application, however art heart does not authorize you to download, amend, print or tamper with art heart -owned Content in any manner . No licenses or rights are granted to you by implication or otherwise with respect to any intellectual property rights owned or controlled by art heart or its licensors, except as expressly granted in these Terms.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules made there under. Our current is available at the Website and/or mobile or software application. You are requested to go through the same. You are requested to go read our Privacy Policy carefully. If You object to Your Information being transferred or used in this way, please do not use the Website and/or mobile or software application.

Promotions and Contests

art heart may operate promotions, contests and similar activities (collectively, “Promotions“) through the Website and/or mobile or software application and Services. You should carefully review the rules (e.g., the “Official Rules“) of each Promotion in which you participate through the Website and/or mobile or software application and Services, as they may contain additional important information about art heart’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules of the Promotions conflict with these Terms, the terms and conditions of the Official Rules of the Promotions will prevail.

Ownership

The Website and/or mobile or software application, Services and art heart Content are protected by copyright, trademark and other laws of India . Except as expressly provided in these Terms, art heart and its licensors exclusively own all right, title and interest in and to the Website and/or mobile or software application, Services and art heart Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website and/or mobile or software application, Services or art heart Content.

Links

The Website and/or mobile or software application may contain links to third-party Websites or resources. You acknowledge and agree that art heart is not responsible or liable for: (i) the availability or accuracy of such Websites or resources; or (ii) the content, products, or services on or available from such Websites or resources. Links to such Websites or resources do not imply any endorsement by art heart of such Websites or resources or the content, products, or services available from such Websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, art heart will have the right to investigate your Account or terminate your registration, at its sole discretion and without prior notice to you. art heart reserves the right to revoke your access to and use of the Website and/or mobile or software application, Services, art heart Content at any time, with or without cause. In the event art heart terminates your account for breach of these Terms, you will remain liable for any amounts due hereunder.

Disclaimers

The Website and/or mobile or software application, services, art heart content are provided “as is” without warranty of any kind, either express or implied. Without limiting the forgoing, art heart explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. art heart makes no warranty that the Website and/or mobile or software application, services, art heart content will meet your requirement or be available on an uninterrupted, secure, or error-free basis. art heart makes no warranty regarding the quality of any works, services, content of products purchased or obtained through the Website and/or mobile or software application or services or the accuracy, timelines, truthfulness, completeness or reliability of any content obtained through the Website and/or mobile or software application or services.

No advice or information, whether oral or written, obtained from art heart or through the Website and/or mobile or software application, official email or services, will create any warranty not expressly made herein. You understand that, except as expressly set forth in these terms, art heart does not screen or inquire into the background of artists or any third party or other users of the Website and/or mobile or software application or services, nor does art heart make any attempt to verify the statements of any users of the Website and/or mobile or software application or services. art heart makes no representation or warranties as to the conduct of users of the Website and/or mobile or software application or services. You agree to take reasonable precaution in all communications and interactions with any third party or services and with other persons with whom you communicate or interact as a result of your use of the Website and/or mobile or software application or services, particularly if you decide to meet offline or in person.

Indemnity

You agree to defend, indemnify, and hold art heart, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website and/or mobile or software application, Services, art heart Content or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website and/or mobile or software application, Services, art heart Content remains with you. Neither art heart nor any other party involved in creating, producing, or delivering the Website and/or mobile or software application, Services, art heart Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Website and/or mobile or software application, Services, art heart Content or from any communications, interactions or meetings with other third party users of the Website and/or mobile or software application or Services or other persons with whom you communicate or interact as a result of your use of the Website and/or mobile or software application or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not art heart has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will art heart’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Website and/or mobile or software application, Services, art heart Content exceed: (i) if you are a Seller who has sold Original Works of art and has received any Artist Revenue Share / honorarium from art heart from the sale of Original Works, the total payments made or credited to you by art heart for the sale of your Original Works of Art during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Buyer who has purchased Original Works of Art, the total payments that you made to art heart for the Original Works of Art that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the transaction between art heart and you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of art heart, including but not limited to ‘art heart’ and are the intellectual property of art heart. Any other trademarks, service marks, logos, trade names and any other proprietary designations used on the Website and/or mobile or software application are the intellectual property of the respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of India . The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the courts located at Mumbai and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between art heart and you regarding the Website and/or mobile or software application and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between art heart and you regarding the Website and/or mobile or software application and Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without art heart’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. art heart may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by art heart via email (in each case to the address that you provide) or (ii) by posting to the Website and/or mobile or software application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of art heart to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of art heart. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website and/or mobile or software application and Services (“Feedback“). You may submit Feedback by emailing us at [email protected].You acknowledge and agree that all Feedback will be the sole and exclusive property of art heart and you hereby irrevocably assign to art heart and agree to irrevocably assign to art heart all of your right, title and interest in and to all Feedback, including without limitation all worldwide copyright rights, and other proprietary or intellectual property rights therein.

Contacting art heart

If you have any questions about these Terms, please contact art heart at [email protected].