Terms & Conditions
TERMS AND CONDITIONS
This is an electronic record or document in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is electronically generated /computer generated and does not require any physical or digital signatures.
This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use Artsytribe, including any subdomains, webpages or extension of artsytribe.com; you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of Artsytribe and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of Artsytribe by accessing or browsing the Website and/or has registered as a member of Artsytribe by submitting identification information/ registration details using the computer system of Artsytribe and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.
Amendment: Artsytribe (Henceforth referred to as "Company") reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide 30 days' prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by Artsytribe Rules and Policies for Buyers as provided from time to time on the website.
Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) Artsytribe authorised Payment Gateway Facility or (ii) the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of the Company by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Company within  days of booking the Transaction.
Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Company in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for delivery of items outside India.
Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on Artsytribe.
In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) have been dispatched by Artsytribe through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on Artsytribe.
Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the Logistics Partner is obligated to provide to the Company as proof that the item has been Dispatched and/or Delivered, as the case maybe.
Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of Artsytribe at the time of registration, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.
Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price. [Currently, Artsytribe authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting prepay as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on Artsytribe.]
Logistics Partner shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require.
Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed on Artsytribe.
Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account. [ Buyer Bank Account is required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which is registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
Artsytribe authorised Payment Gateway facility means the automated electronic payment or collection and remittance facility provided by the Company to Buyers and Sellers to facilitate purchase and sale of items as well as making payments there for on Artsytribe directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment. [Currently, Artsytribe authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting the Prepay mode as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on Artsytribe.]
Artsytribe or any service provided by Artsytribe may only be used or accessed by such 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, persons of unsound mind, and undischarged insolvents are not eligible to use Artsytribe. A minor is not allowed to access or register as a User or purchase any items on Artsytribe.
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
REGISTARTION AND COMMUNICATION
By registering on Artsytribe, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you. Any kind of legal implication raised, due to the incorrect nature of the details provided by you, Artsytribe will not be held responsible for the same.
You agree that your sole purpose of registering or using Artsytribe is to buy or sell unique Indian handicraft products including green-crafted and ethnic products or such products as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use Artsytribe for any other purpose including buying products other than as mentioned above or products that are not allowed under applicable law to be bought by you in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on Artsytribe. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on Artsytribe to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to Artsytribe in any manner whatsoever.
Buyer Registration: Other than being a User, there is no separate registration requirement for buyers. Artsytribe authorised Payment Gateway facility is available to Buyers who hold a Valid Card or Valid Bank Account.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on Artsytribe. You further agree that your use of Artsytribe or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
As a user you understand and agree that the Artsytribe – A brand Entity of Artsytribe Private Limited is providing Market place and selling services to its Users who access Artsytribe for purchase and sale of Indian Handicraft products (that are permitted to be bought and sold under applicable law). The items listed in the site are sold by Artsytribe.
By transacting on the website you give are authorizing Artsytribe to store details and records of your usage of the site. However, this does not constitute any obligation on the part of the Company or the Website to do so.
Currently the membership on Artsytribe is free and the Company does not levy any charges/fees for browsing or buying on Artsytribe.
Artsytribe reserves the right to introduce new services or modify the existing services provided on Artsytribe web site. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on Artsytribe website and such changes shall automatically become effective immediately after they are posted on the site.
All fees/ charges shall be quoted in Indian Rupees and shall be payable to Artsytribe Private Limited within such time as specified in the invoice. The buyer is responsible for paying all charges/ fees associated with the use of Artsytribe website and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. If you purchase anything on Artsytribe, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference.
You agree that the Artsytribe Private Limited (Artsytribe) may appoint any third party service provider, including but not restricted to one or more of the Company's affiliate to provide backend operations and support as instructed by the Artsytribe from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
Artsytribe (Artsytribe Private Limited ) is merely a market place site and is not involved in generating or transmitting messages on any ones behalf. Artsytribe cannot and does not exercise any control over any other third party and the content they generate on the website(Artsytribe).
Any information including at the time of seller registration or feed back as a buyer or just as a guest is available for other people using the site . Artsytribe is not responsible for accuracy or legalities of such information and cannot be held responsible for any discrepancies or inaccuracies. Artsytribe site is merely a website where necessary information is recorded and distributed / used by users as the case may be.
The users of the Artsytribe site are not allowed to or not expected to , upload, modify, publish, transmit, update or share any information or list any information or item that: belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
Do not impersonate any other person or use material or access application to implicate any other user. Usage of unauthorized computer software , with malicious intent of introducing virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Users shall not infringe on the (i) but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than Artsytribe. No reference to any other website or material or topics or competition should be resorted to.
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to Artsytribe without any notice and any such violating information that is displayed or submitted on Artsytribe can be removed immediately and completely.
Artsytribe shall not be maintaining any backup of your data and will not be responsible for restoring your data.
In case of any transaction or attempted transaction pertaining to any item listed on Artsytribe which is violating this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at email@example.com.
Sufficiently restrain yourself when posting the feedback on the site , not to post any offensive or abusive language is used against any one. At the same time do nothing to promote illegally any other product or your own product .
The listing may end if another User buys the item, or if the listing expires after a stipulated period of time. As a user you accept that the Company will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of the Company.
The Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or purchased on Artsytribe. The Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
The Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of its users.
In the event of dissatisfaction on the delivery schedule or the Quality of the product , Artsytribe need to be satisfied with the points raised by you which will qualify for replacement of the product or refund of the money only . No other legal liabilities or claims shall raised be against Artsytribe.
Artsytribe provides authorized Payment Gateway facility for electronic payment on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company specifically disclaims any such warranty. You expressly agree that the use of Artsytribe authorized payment gateway electronic payment facility is at your own risk.
You release and indemnify the Company 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 Artsytribe and specifically waive any claims that you may have in this behalf under any applicable law.
LIMITED LIABILITY OF THE COMPANY
In no event shall the Artsytribe Private Limited and its brand entity Artsytribe or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with Artsytribe, Artsytribe authorized payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement.
The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Artsytribe Private Limited (it brand entity Artsytribe). The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of Artsytribe or that the operation of Artsytribe or the Logistics Partner or Artsytribe authorised payment gateway facility will be error free and/or uninterrupted. The Company provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Artsytribe authorized payment gateway facility.
Any delay, failure, interruption or errors in the operation of Artsytribe or the Logistics Partner or Artsytribe authorised payment gateway facility.
You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.
Payments for the items on Artsytribe can be made by way of (i) Payment on Billing which can be made through the Artsytribe authorised payment gateway Facility or by depositing cash, cheque, demand draft in the bank account of the Company; or (ii) Payment on Delivery wherein payment shall be made only by cash on delivery, or such other method of payment as may be permitted by the Company on Artsytribe in its sole discretion.
In order to enable Users to carry out transactions on Artsytribe, the Company will in addition to other methods of payment provide an electronic payment facility i.e. Artsytribe authorised payment gateway facility on the Website. The Artsytribe authorised payment gateway facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Artsytribe authorised payment gateway facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.
The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company's control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the Artsytribe authorised payment gateway facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
The Company has appointed ICICI Bank Ltd., as the nodal bank. Artsytribe Private Limited (its brand entity Artsytribe) has a Nodal bank account with a bank operating in India. The Company reserves the right to, at its sole discretion, replace or remove any nodal bank (Nodal Bank) without providing any intimation.
Artsytribe(brand entity of Artsytribe Private Limited ) views the protection of user’s privacy as a very important community principle. The Company clearly understands that you and the personal information provided by you is one of the most important assets to the Company. The Company stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made there under.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Artsytribe or initiate any legal action it may deem fit, particularly in the event:
You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
Any misuse of the Artsytribe authorized payment gateway facility
The Company is unable to verify or authenticate any information provided by you;
The Company believes that your actions may cause legal liability to the Company, other Users or yourself. No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with Artsytribe or use Artsytribe in any manner whatsoever until such time that such User is reinstated by Artsytribe Private Limited (its brand entity Artsytribe).
Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to recover any amounts due and owed by you to the Company and to take strict legal action.
GRIEVANCE REDRESSAL MECHANISM
In case of any grievance, objection or complaint on your part with respect to the Website, other Users, Artsytribe authorized payment gateway facility or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use Artsytribe, you should promptly raise such grievance or complaint with the designated Grievance Officer at firstname.lastname@example.org and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.
The name and contact details of the Grievance Officer is published on Artsytribe as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and Artsytribe with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the Company during your use of Artsytribe or the Artsytribe authorized payment gateway facility or Artsytribe Services or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or Artsytribe authorized payment gateway Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Hyderabad (State of Telangana). The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Hyderabad shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.