The following are the Terms and Conditions, read together with the Privacy Policy, that govern your purchase and use of the products and services (the “Products”) from Arts Fiesta, and constitute a legally binding agreement, between you (“the Customer”, the “User”) and Arts Fiesta.
In terms of Information Technology Act, 2000, this document is an electronic record. This computer system does not generate output requiring physical or digital signatures.
We publish this document in compliance with Rule of the Information Technology (Intermediaries Guidelines) Rules, which mandate the publishing of rules, regulations, privacy policy, and Terms of Use for access or usage https://artsfiesta.com/
The domain name https://artsfiesta.com/ (hereinafter referred to as ‘Website’) bearing the registered address at THANE 401107 MAHARASHTRA, INDIA.
For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who has downloaded and installed this Mobile Application (hereinafter referred to as ‘App’) and provided Registration Data while registering on the App or by simply visiting the Website by entering the domain name in any internet browser.
Any services provided by the Website/App which do not require registration do not absolve you of the contractual relationship established by this Agreement.
When you download and install this App, you agree to be bound by these Terms of Service and any other binding documents the Company decides to present. Make sure to read them carefully before accepting and proceeding to use the App/Website.
When you visit, view, access, or use any services or information at URL0, you agree to all the Terms and Conditions of Sale/Service. You must read these Terms carefully before using this Website/App.
By doing so, you agree to be bound by them.If you do not accept these Terms and Conditions, please do not use this App/Website.
1.CREATING AN ACCOUNT:
1.1 To use certain features of the Website/App (e.g., ordering Products, posting rating/reviews,
receiving Arts Fiesta newsletters), you must set up an account with Arts Fiesta (“Arts Fiesta Account”)
and provide certain information about yourself as prompted by the Customer Information form, including,
your name, gender, email address, account password, mobile phone number and billing/shipping address. Our Privacy Policy protects all of your registration information.
1.2 You represent and warrant that the information you submit during
registration is truthful and accurate and that you will maintain the accuracy of such information.
1.3 Your Arts Fiesta Account username and password are personal to you.
You are not allowed to transfer your Arts Fiesta Account, and
you will be held responsible for the activities associated with it.
1.4 Arts Fiesta will not be liable for any loss or damages as a result of your failure to maintain
the confidentiality of your account credentials. If you suspect any unauthorised use of your Arts Fiesta account, you shall immediately notify Arts Fiesta.
1.5 It is your responsibility to keep your email address up-to-date on your account setup at
Arts Fiesta/app so that we can communicate with you electronically.
1.6 By creating this account you agree to receive communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
2. PRIVACY POLICY:
2.1 We will use your personally identifiable information in accordance with our Privacy Policy.
. To understand our practices, as to how we collect, use and disclose your
personally identifiable information, please refer our Privacy Policy, which also governs your visit to Arts Fiesta.
2.2 We understand the privacy of all information you provide is of a primary importance. This is why we do everything possible to use it carefully and sensibly. Other companies and third party service providers are never given this information.
3. COMMUNICATIONS
You use this Website/App and thereby consent to receiving calls.
auto-dialled and/or pre-recorded messages or calls, from us at any time with the use of the telephone number that has been provided by you for the use of this Website/App, subject to the Privacy Policy.
This includes contacting you through information received through other parties as well as contacting other parties through the information you provide to us. The use of this Website/App you also consent to receive SMSs from us at any time we deem fit. I will consent to being contacted for purposes such as clarification calls and marketing and promotional calls. In case you wish to stop the contact with us for the same, you may send us a mail to the effect at info@artsfiesta.com.
Service Providers with whom we have entered into a contract may also contact you in order to fulfill our rights, duties, and obligations under other agreements, contracts, and policies. Any contact made will strictly adhere to the respective contracts, agreements, and/or policies.
The sharing of the information provided by you will be governed by the Privacy Policy. We will not give out your contact information to third parties not connected with the Website/App and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of the Company. Please refer to the ‘Privacy Policy’ for more information.
4.SECURITY POLICY:
All your transactions are secure when you place an order online at Arts Fiesta. Before sending over the Internet, we encrypt your personal information using 256-bit Secure Sockets Layer (SSL) encryption technology, ensuring the privacy and high level of security of all your information.
The membership/usage of the Website/App is restricted to those above 18 years of age,
or to such group that can be termed to have attained ‘majority’ under the laws of the respective jurisdictions where this Website/App
can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.
Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you.
In the case that you provide us with false and inaccurate details or the Company has reasonable
reasons to believe you have done so, we hold the rights to suspend your account and/or terminate this Agreement without any notice and without being held liable for the same.
You understand the App downloaded/or the website you use on to your phone
or tablet is owned by us and we may automatically upgrade the App/website and these Terms shall apply to the upgrades as well. We reserve the right to terminate this agreement without any notice and suspend the account without assigning any reason.
6. PRICE AND PAYMENT:
The installation and use of this Website/App is free of cost and this includes
only the usage of certain services of the Website/App. You hereby understand that this no charge policy maybe amended at anytime at the discretion of the Company.
While availing any of the payment methods available on the App/Website
, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
i. Lack of authorization for any transaction(s), or
ii. Exceeding the preset limit mutually agreed by you and between ‘Bank(s)’, or
iii. Any payment issues arising out of the transaction, or
iv. Decline of transaction for any other reason(s).
6.1 All our product prices include all applicable statutory taxes.
6.2 We make every effort to make sure that the pricing and availability of Products on our Website/App is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.
6.3 We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
6.4 Following are Arts Fiesta delivery charges, which are based on the order value.
Note: Delivery charges quoted above are applicable on ALL Orders at Arts Fiesta.
6.5 Delivery times may vary depending on the delivery location as well as the type of product you order.
6.6 You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking, UPI or Cash on Delivery.
6.7 Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.
7. USE OF INFORMATION ON THE WEBSITE/APP:
7.1 Arts Fiesta does not endorse any views or opinions that may be included in the Website/App Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and Arts Fiesta.
8. THIRD PARTY INFORMATION:
The content on the Website/App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’). The Website/App may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable. You may send as an email at info@artsfiesta.com report any such content.
You are not allowed to reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute our Content in any way, including mirroring, except when expressly permitted.
Without our express prior written consent, no server, website, or other medium for publication or distribution or commercial enterprise is allowed to publish or distribute our content.
9. USER CONTENT:
The content that you upload or post will become our property and you grant us the worldwide, perpetual and transferable rights in such Content.
We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content you provide and are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website/App, or stored on our servers, or hosted or published upon this Website/App.
Those posting any form of User content on the Website/App must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature.
Before allowing such content to be posted on the Website/App, we have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if we feel that there is a need to check such accuracy.
We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any false or misleading information.
In case any content is considered to be unlawful or against the law within any jurisdiction in which our Website/App can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
10. USER OBLIGATIONS:
You are a restricted user of this Website/App.
10.1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. With our prior permission limited use may be allowed.
For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. You shall not, nor allow third parties on your behalf to (i) make and distribute copies of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or (iii) create derivative works of the Website/App of any kind whatsoever
10.2. You agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface that is provided by the Website/App.
The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App.
You acknowledge and agree that by accessing or using the Website/App or Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. Further, you may report such offensive content by sending us an e-mail to our official e-mail address.
10.3. This Website/App by nature allows you to upload information; you undertake to ensure that such material is in accordance with applicable laws. Further, you undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophiliac, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another’s computer;
g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App.
You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by you, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Website/App;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k) Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
r) Do not directly or indirectly offer, attempt to offer, trade, or attempt to trade in any item that is prohibited or restricted under any applicable law, rule, regulation, or guideline currently in effect.
s) Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
Although we will not hold Users liable or answerable for any such acts, violating this clause may result in potential criminal legal action being taken against you, either by other Users of the Website/App or by us.
We can (and You hereby expressly authorize Us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation, to monitor the material posted on the Website/App.
We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP.
In no event shall we assume or have any responsibility or liability for any
Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App.
You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
11.1 All information, Products and services included on or otherwise made available to you through this Website/App are provided by Arts Fiesta on an “as is” and “as available” basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website/App is at your sole risk.
11.2 Arts Fiesta assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.
11.3 Arts Fiesta has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.
11.4 Please note that while Arts Fiesta has made every effort to accurately display the colours of products on its Website/App, the actual colour you see will depend on your monitor.
We cannot guarantee that your monitor’s display of any colour will be the same as the colour of the Products delivered to you.
11.5 We may let you view our information and communicate with us through the Social Media services such as Facebook and Twitter. Arts Fiesta explicitly disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us.
11.6 Arts Fiesta accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by the Arts Fiesta Users.
11.7 Arts Fiesta reserves the right to modify or withdraw any part of the website/App or any of its content at any time without notice.
12. APP/WEBSITE AVAILABILITY:
We take all reasonable care to ensure the availability of the Arts Fiesta Website/App 24 hours every day, 365 days per year.
However, the Website/App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. Arts Fiesta does not warrant uninterrupted access to this Website/App or any linked website/App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website/App.
13. LINKS TO THIRD-PARTY WEBSITES:
We provide link to third-party websites, our online payment service partners, which process your Net Banking and Credit/Debit Card payments, respectively.
You are not held responsible for the availability or proper functioning of linked pages or sites, and I will not hold you responsible for any loss or inconvenience encountered as a result of using a Website link.
14. TERMS OF SALE:
14.1 Arts Fiesta may accept or decline any order placed by a Customer in its absolute discretion without liability to you.
14.2 Arts Fiesta reserves the right to discontinue any program or offer on its Website/App.
14.3 We reserve the right, without prior notice, to limit the order quantity of any Products available on Arts Fiesta.
16. CANCELLATION AND RETURN POLICY:
Return Policy:
- We do our best to ensure that the products you order are delivered according to your specifications.
- However, should you receive an incomplete order, damaged or incorrect product(s), please notify Arts Fiesta Customer Support immediately or within 3 days of receiving the products, to ensure prompt resolution.
- Please note that Arts Fiesta will not accept liability for such delivery issues if you fail to notify us within 10 days of receipt.
You can return the artwork within 10 days of receving the product after the prompt resolution. Make sure the product you return is in the same condition as received.
Once we receive the artwork, we will initate your refund after assessing the case.
For customized orders, each art piece is printed just for you in the size and frame of your choice. That means we are unable to accept returns or exchanges for customized orders. We are also unable to make any changes or cancellations to orders after 24 hours.
Each print from Arts Fiesta is “made to order,” which means it is specifically built just for you only after you have placed your order. Due to the custom nature of the products and services we provide, we are unable to accept returns or offer refunds.
We are also unable to make any changes or cancellations to orders after 24 hours from the moment the order is placed. The same applies to the original painting you buy. If you believe you have made a mistake with your order, please contact us immediately at info@artsfiesta.com.
17. CANCELLATION :
- When you submit an order through our site, an order confirmation is sent to you and our system verifies your payment method. After you place your order, it is immediately sent to our fulfillment center and can no longer be modified.
- It is our hope that this expedited turnaround works to your advantage, but we do understand that it can make it difficult to cancel or modify your order.
- If you need to cancel your order please email us at info@artsfiesta.com as soon as possible.
- If we are able to intercept your order, we will process a cancellation if we receive notice within 24 hours of your purchase
18. Shipping Policy
WE OFFER FREE SHIPPING ANYWHERE IN INDIA.
You will need to wait minimum 3 working days for your order to be dispatched. Orders received on Sunday or during holidays will be dispatched the following Monday or the next working day.
During busy times, such as holiday periods, there can be processing and shipping delays.
The orders cannot be shipped to PO boxes or military addresses, rural domestic addresses require one or more additional days to deliver. Orders requiring engraving or any customization will require additional time and will be shipped in 10 working days.
International shipping is customised and is not directly available in the website. Please contact shipping@artfiesta.com for shipping outside India. Depending upon the location, it will take maximum of 10-15 working days to deliver.
19. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:
19.1 As per the Terms and Conditions of Arts Fiesta, the Website/App grants access to Users/Customers to view the content solely for visiting, ordering, and communicating only. All materials in this Website/App, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website/App are copyrights and/or other intellectual properties owned by Arts Fiesta Marketplace Limited. All other trademarks not owned by Arts Fiesta that appear on this Website/App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Arts Fiesta.
19.2 You hereby agree that you will not reproduce, duplicate or copy the content of Arts Fiesta for any purpose, unless you have been specifically permitted to do so in a separate agreement with this Website/App.
20. USER INDEMNIFICATION:
You hereby agree to indemnify, defend, hold harmless Arts Fiesta and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defenses.
21.COMPLIANCE WITH LAWS:
The User of the Website/App shall comply with all the applicable laws including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website/App.
22. APPLICABLE LAW AND JURISDICTION:
These Terms and Conditions and your use of this Website/App and its content will be governed by and construed in all respects in accordance with the laws of India subject to the jurisdictional courts of Maharashtra.
23. DISPUTE RESOLUTION:
These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. Any failure of the Website/App/ Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Website/App/Company, and all other provisions for which survival is equitable or appropriate.
In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy, these Terms of Service shall prevail. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service shall prevail.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chennai in the state of Tamil Nadu, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Chennai shall have exclusive jurisdiction over any disputes arising between the Parties.
24. SEVERABILITY:
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
25. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE/APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/APP IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE/APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
26. SUBMISSIONS:
26.1 Arts Fiesta reserves sole discretion to accept, edit or reject any and all materials you may send to us (collectively, “Submissions”) as part of the features in the Website/App, including but not limited to, Ratings & Reviews. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.
26.2 Arts Fiesta shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
26.3 You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
26.4 The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the Arts Fiesta Website/App.
26.5 Arts Fiesta does not endorse and is not responsible for any Submissions on its Website/App. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.
27. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE.
FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/APP, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/APP, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
28. TERMINATION:
You agree that Arts Fiesta, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Website/App, at any time. You agree that any termination of your access to the Website/App or suspension of your account may be effected without prior notice, and you agree that Arts Fiesta shall not be liable to you for any such termination. Your right to use the Arts Fiesta Website/App /Service immediately ceases upon termination of your access/use of the Website/App.
29. CHANGES TO THESE TERMS AND CONDITIONS:
We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the Website/App. It is your responsibility to review the Arts Fiesta Terms and Conditions regularly. Your continued use of the Website/App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.
30. MISCELLANEOUS
We reserve the right to change these Terms of Service at any time without notice in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website/App after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website/App prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires us or any of their assets.
We hereby reserve the right to block usage of the Website/App if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
Contact Information
Please contact us for any questions or comments regarding these Terms and Conditions.
Telephone number: 8451007801
E-mail: support@ArtsFiesta.com