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Terms & Conditions of Use
Conditions
of Use
Disclaimer: In the event of any
discrepancy or conflict, the English version will prevail over the translation.
The website www.Incredibleindiaart.com
("incredibleindiaart.com") is operated by Incredible India Art
("Incredible India Art" or “Incredibleindiaart” or “IIA” or
"us" or "we" or "our"), having its registered
office located Address of Principal Place of Business FRIST FLOOR, S
NO-3795/145, BHAGWATI CARD MARKET CARD, MARKET CHAWRI BAZAR, North Delhi,
Delhi, 110006, India. Please read the Conditions of Use document carefully
before using the incredibleindiaart.com website. By using the incredibleindiaart.com
website, you signify your agreement to be bound by Incredible India Art's
Conditions of Use. Incredible India Art Principal Place Principal Place of
Business FRIST FLOOR, S NO-3795/145, BHAGWATI CARD MARKET CARD, MARKET CHAWRI
BAZAR, North Delhi, Delhi, 110006, India. are data controllers of personal
information collected and processed through IIA Services. Details can be found
here. As described in our Privacy Notice, we share information with Incredibleindiaart.com,
Inc. and the subsidiaries that IIA, Inc. contrprivols that are either subject
to our Privacy Notice or follow practices at least as protective as those
described in our Privacy Notice. We also share information with third-party
service providers. For example, we use third-party service providers to fulfil
orders for products or services, and to deliver packages. For any further
details on our security practices please read our Privacy Notice. For any
queries or issues relating to Incredibleindiaart.com, you can contact us by
clicking https://incredibleindiaart.com/index.php?route=information/contact
Please read these conditions carefully before using the Incredibleindiaart.com
website. By using the Incredibleindiaart.com website, you signify your
agreement to be bound by these conditions.
In addition, when you use any current or future Incredibleindiaart.com
service (eg. Wish List or Marketplace) ("Incredible India Art
Service"), you will also be subject to the terms, guidelines and
conditions applicable to that Incredible India Art Service. ("Terms").
If these Conditions of Use are inconsistent with such Terms, the Terms will
control.
These "Conditions of Use" constitute an electronic
record within the meaning of the applicable law. This electronic record is
generated by a computer system and does not require any physical or digital
signatures.
·
Conditions Relating to
Your Use of Incredibleindiaart.com
·
Notice and Procedure for
Making Claims of Infringement
·
Notice and Procedure for
Notifying Incredibleindiaart.com of Objectionable
Content
Conditions Relating to
Your Use of Incredibleindiaart.com
1. Your Account
If you use the website, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer to prevent unauthorized access to your account. You agree to accept
responsibility for all activities that occur under your account or password.
You should take all necessary steps to ensure that the password is kept
confidential and secure and should inform us immediately if you have any reason
to believe that your password has become known to anyone else, or if the
password is being, or is likely to be, used in an unauthorized manner. Please
ensure that the details you provide us with are correct and complete and inform
us immediately of any changes to the information that you provided when
registering. You can access and update much of the information you provided us
with in the Your Account area
of the website. Incredibleindiaart.com reserves the right to refuse access to
the website, terminate accounts, remove or edit content at any time without
notice to you.
2. Privacy
Please review our Privacy Notice, which also governs your visit
to Incredibleindiaart.com, to understand our practices. The personal
information / data provided to us by you during the course of usage of Incredibleindiaart.com
will be treated as strictly confidential and in accordance with the Privacy
Notice and applicable laws and regulations. If you object to your information
being transferred or used, please do not use the website.
3. E-Platform for Communication
You agree, understand and acknowledge that the website is an
online platform that enables you to purchase products listed on the website at
the price indicated therein at any time from any location. You further agree
and acknowledge that Incredible India Art is only a facilitator on many Items and
is not and cannot be a party to or control in any manner any transactions on
the website. Accordingly, the contract of sale of products on the website shall
be a strictly bipartite contract between you and the sellers on incredibleindiaart.com.
4. Access to Incredibleindiaart.com
We will do our utmost to ensure that availability of the website
will be uninterrupted and that transmissions will be error-free. However, due
to the nature of the Internet, this cannot be guaranteed. Also, your access to
the website may also be occasionally suspended or restricted to allow for
repairs, maintenance, or the introduction of new facilities or services at any
time without prior notice. We will attempt to limit the frequency and duration
of any such suspension or restriction.
5. Licence for website access
Subject to your compliance with these Conditions of Use and
payment of applicable fees, if any, Incredible India Art grants you a limited license to access and make personal use of this
website, but not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Incredible India Art and
/ or its affiliates, as may be applicable. This license does not include any
resale or commercial use of this website or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of
this website or its contents; any downloading or copying of account information
for the benefit of another seller; or any use of data mining, robots, or
similar data gathering and extraction tools.
This website or any portion of this website (including but not
limited to any copyrighted material, trademarks, or other proprietary
information) may not be reproduced, duplicated, copied, sold, resold, visited,
distributed or otherwise exploited for any commercial purpose without express
written consent of Incredible India Art and / or its affiliates, as may be
applicable.
You may not frame or use framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of Incredibleindiaart.com and its affiliates without express
written consent. You may not use any meta tags or any other "hidden
text" utilizing Incredible India Art or its affiliates' names or
trademarks without the express written consent of Incredible India Art and / or
its affiliates, as applicable. Any unauthorized use terminates the permission
or license granted by Incredible India Art and / or its affiliates, as
applicable.
You are granted a limited, revocable, and non-exclusive right to
create a hyperlink to the Welcome page of Incredibleindiaart.com as long as the
link does not portray Incredible India Art, Incredibleindiaart.com, their
affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Incredibleindiaart.com logo
or other proprietary graphic or trademark as part of the link without express
written consent of Incredible India Art and / or its affiliates, as may be
applicable.
6. Your Conduct
You must not use the website in any way that causes, or is
likely to cause, the website or access to it to be interrupted, damaged or
impaired in any way You understand that you, and not Incredibleindiaart.com,
are responsible for all electronic communications and content sent from your
computer to us and you must use the website for lawful purposes only. You must
not use the website for any of the following:
·
for fraudulent purposes,
or in connection with a criminal offense or other unlawful activity
·
to send, use or reuse any
material that does not belong to you; or is illegal, offensive (including but
not limited to material that is sexually explicit content or which promotes
racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent,
insulting or harassing, blasphemous, defamatory, libelous, obscene,
pornographic, pedophilic, or menacing; ethnically objectionable, disparaging or
in breach of copyright, trademark, patent, confidentiality, privacy or any
other proprietary information or right; or is otherwise injurious to third
parties; or relates to or promotes money laundering or gambling; or is harmful
to minors in any way; or impersonates another person; or threatens the unity,
integrity, defense, security or sovereignty of India or 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 other nation;
or objectionable or otherwise unlawful in any manner whatsoever; or which
consists of or contains software viruses or any other computer code, file or
program designed to interrupt, destroy or limit the functionality of any
computer resource, political campaigning, commercial solicitation, chain
letters, mass mailings or any "spam; or is patently false and untrue.
·
to cause annoyance,
inconvenience or needless anxiety
7. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other
content; send communications; and submit suggestions, ideas, comments,
questions, or other information, as long as the content is not illegal,
obscene, abusive, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties, or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." In the event a user uses a false e-mail address,
impersonates any person or entity, or otherwise misleads as to the origin of
any content. Incredibleindiaart.com reserves the right (but not the obligation)
to remove, refuse, delete or edit any content that in the sole judgement of Incredibleindiaart.com
violates these Conditions of use and, or terminate your permission to access or
use this website.
If you do post content or submit material, and unless we
indicate otherwise, you
1.
(a) grant Incredible
India Art and its affiliates a non-exclusive,
royalty-free, irrevocable, perpetual and fully sublicensable rights to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media; and
2.
(b) Incredible
India Art and its affiliates and sublicensees the right
to use the name that you submit in connection with such content, if they
choose.
You agree that the rights you grant above are irrevocable during
the entire period of protection of your intellectual property rights associated
with such content and material. You agree to waive your right to be identified
as the author of such content and your right to object to derogatory
treatment of such content. You agree to perform all further acts necessary
to perfect any of the above rights granted by you to Incredible India Art,
including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all
of the rights to the content that you post or that you otherwise provide on or
through the website; that, as at the date that the content or material is
submitted to IncredibleIndiaArt.com:
(i)
The content and material is accurate.
(ii)
Use of the content and material you supply does not breach any
applicable Incredibleindiaart.com policies or guidelines and will not cause
injury to any person or entity (including that the content or material is not
defamatory);
(iii)
The content is lawful. You agree to indemnify Incredible India
Art and its affiliates for all claims brought by a third party against it or
its affiliates arising out of or in connection with a breach of any of these
warranties.
8. Claims against Objectionable Content
You can refer to the product detail page on Incredibleindiaart.com
for checking any product details provided by the seller regarding the
following:
·
the total price in single figure of any good or service, along
with the breakup price for the good or service, showing all the compulsory and
voluntary charges such as delivery charges, postage and handling charges,
conveyance charges and the applicable tax, as applicable. These details are
available on the invoice issued to you. To understand how to generate an
invoice you can refer here.
·
mandatory notices and information provided by applicable laws,
and the expiry date of the good being offered for sale, where applicable; .
·
goods and services offered for sale by the seller including
country of origin which are necessary for enabling the consumer to make an
informed decision at the pre-purchase stage.
·
importer and the guarantees related to the authenticity or
genuineness of the imported products; and.
·
guarantees or warranties applicable to such goods or services.
.Further, all contractual information required to be disclosed by law is
incorporated as part of the Incredible India Art Business Solutions Agreement
(BSA) executed by each seller on Incredibleindiaart.com, prior to listing its
products. A copy of the BSA is available here.
Because Incredibleindiaart.com lists millions of products for
sale offered by sellers on the website and hosts many thousands of comments, it
is not possible for us to be aware of the contents of each product listed for
sale, or each comment or review that is displayed. Accordingly, Incredibleindiaart.com
operates on a "notice and takedown" basis. If you believe that any
content on the website is illegal, offensive (including but not limited to
material that is sexually explicit content or which promotes racism, bigotry,
hatred or physical harm), deceptive, misleading, abusive, indecent, insulting
or harassing, blasphemous, defamatory, libelous, obscene, pornographic,
paedophilic, invasive of another’s privacy or menacing; ethnically
objectionable, disparaging; or in breach of a third party’s confidential,
proprietary information or right; or is otherwise injurious to third parties;
or relates to or promotes money laundering or gambling; or is harmful to minors
in any way; or impersonates another person; or threatens the unity, integrity,
defence, security or sovereignty of India or friendly relations with foreign
States, or public order, or causes incitement to the commission of any
cognisable offence or prevents investigation of any offence or in insulting
other nation; or objectionable or otherwise unlawful in any manner whatsoever;
or which consists of or contains software viruses or any other computer code,
file or program designed to interrupt, destroy or limit the functionality of
any computer resource; or is patently false and untrue (" Objectionable
Content "), please notify us immediately by following our Notice
and Procedure for Making Claims of Right Infringements. Once
this procedure has been followed, Incredibleindiaart.com will make all
reasonable endeavours to remove such Objectionable Content complained about
within a reasonable time.
9. Copyright, authors' rights and database
rights
All content included on the website, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of Incredible India Art, its affiliates or its
content suppliers and is protected by India and international copyright,
authors' rights and database right laws. The compilation of all content on this
website is the exclusive property of Incredible India Art and its affiliates
and is protected by laws of India and international copyright and database
right laws. All software used on this website is the property of Incredible
India Art, its affiliates or its software suppliers and is protected by India
and international copyright and author' rights laws.
You may not systematically extract/ or re-utilize parts of the
contents of the website without Incredible India Art and / or its affiliates
(as may be applicable) express written consent. In particular, you may not utilize
any data mining, robots, or similar data gathering and extraction tools to
extract (whether once or many times) for re-utilization of any substantial
parts of this website, without Incredible India Art and / or its affiliate's
(as may be applicable) express written consent. You may also not create and/ or
publish your own database that features substantial (eg: prices and product
listings) parts of this website without Incredible India Art and / or its
affiliate's (as may be applicable) express written consent.
10. Intellectual Property Claims
Incredible India Art and its affiliates respect the intellectual
property of others. If you believe that your intellectual property rights have
been used in a way that gives rise to concerns of infringement, please follow
our Notice
and Procedure for Making Claims of Right Infringements.
11. Trademarks
INCREDIBLEINDIAART.COM, INCREDIBLE INDIA ART, IIA, THE IIA LOGO,
INCREDIBLE INDIA ART LOGO and other marks indicated on our website are
trademarks or registered trademarks of Incredibleindiaart.com, or its
subsidiaries (collectively "Incredibleindiaart"), Incredibleindiaart
graphics, logos, page headers, button icons, scripts and service names are the
trademarks or trade dress of Incredibleindiaart. IIA's trademarks and trade
dress may not be used in connection with any product or service that is not Incredible
India Art's, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits IIA. All other trademarks not
owned by Incredible India Art that appear on this website are the property of
their respective owners, who may or may not be affiliated with, connected to,
or sponsored by Incredible India Art.
12. Disclaimer
by the sellers or manufacturers of the products and hereby
expressly disclaim and any all responsibility and liability in that regard. We
shall not mediate or resolve any dispute or disagreement between you and the
sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations
(express or implied) in respect of quality, suitability, accuracy, reliability,
completeness, timeliness, performance, safety, merchantability, fitness for a
particular purpose, or legality of the products listed or displayed or transacted
or the content (including product or pricing information and/or specifications)
on the website. While we have taken precautions to avoid inaccuracies in
content, this website, all content, information (including the price of
products), software, products, services and related graphics are provided as
is, without warranty of any kind. We do not implicitly or explicitly support or
endorse the sale or purchase of any products on the website. At no time shall
any right, title or interest in the products sold through or displayed on the
website vest with Incredible India Art nor shall Incredible India Art have any
obligations or liabilities in respect of any transactions on the website.
13. Indemnity and Release
You shall indemnify and hold harmless Incredible India Art, its
subsidiaries, affiliates and their respective officers, directors, agents and
employees, from any claim or demand, or actions including reasonable attorney's
fees, made by any third party or penalty imposed due to or arising out of your
breach of these Conditions of Use or any document incorporated by reference, or
your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Incredible India Art and/or its
affiliates and/or any of its officers and representatives from any cost,
damage, liability or other consequence of any of the actions/inactions of the
vendors and specifically waiver any claims or demands that you may have in this
behalf under any statute, contract or otherwise.
15. Children
Use of Incredibleindiaart.com is available only to persons who
can form a legally binding contract under the Indian Contract Act, 1872. If you
are a minor i.e. under the age of 18 years, you may use Incredibleindiaart.com
only with the involvement of a parent or guardian.
16. Other Businesses
Parties other than Incredible India Art and its affiliates may
operate stores, provide services, or sell product lines on Incredibleindiaart.com.
For example, businesses and individuals offer products via Marketplace. In
addition, we provide links to the websites of affiliated companies and certain
other businesses. We are not responsible for examining or evaluating, and we do
not warrant or endorse the offerings of any of these businesses or individuals,
or the content of their websites. Incredible India Art does not assume any
responsibility or liability for the actions, products, and content of any of
these and any other third-parties. You can tell when a third-party is involved
in your transactions, and we may share customer information related to those
transactions with that third-party. You should carefully review their privacy
statements and other conditions of use.
17. Communications
When you visit Incredibleindiaart.com, you are communicating
with us electronically. You will be required to provide a valid phone number
while placing an order with us. We may communicate with you by e-mail, SMS,
phone call or by posting notices on the website or by any other mode of
communication. For contractual purposes, you consent to receive communications
(including transactional, promotional and/or commercial messages), from us with
respect to your use of the website and/or your order placed on the website.
18. Losses
We will not be responsible for any business loss (including loss
of profits, revenue, contracts, anticipated savings, data, goodwill or wasted
expenditure) or any other indirect or consequential loss that is not reasonably
foreseeable to both you and us when you commenced using the website.
19. Alteration of Service or Amendments to
the Conditions
We reserve the right to make changes to our website, policies,
and these Conditions of Use at any time. You will be subject to the policies
and Conditions of Use in force at the time that you use the website or that you
order goods from us, unless any change to those policies or these conditions is
required to be made by law or government authority (in which case it will apply
to orders previously placed by you). If any of these conditions is deemed
invalid, void, or for any reason unenforceable, that condition will be deemed
severable and will not affect the validity and enforceability of any remaining
condition.
20. Events beyond our reasonable control
We will not be held responsible for any delay or failure to
comply with our obligations under these conditions if the delay or failure
arises from any cause which is beyond our reasonable control. This condition
does not affect your statutory rights.
21. Waiver
If you breach these conditions and we take no action, we will
still be entitled to use our rights and remedies in any other situation where
you breach these conditions.
22. Governing law and Jurisdiction
These conditions are governed by and construed in accordance
with the laws of India. You agree, as we do, to submit to the exclusive
jurisdiction of the courts at Delhi.
23. Our Details
This website is operated by Incredible India Art.
For the Incredibleindiaart.com website, you could contact us by
visiting: https://incredibleindiaart.com/index.php?route=information/contact
24. Customer Complaint Details
The details pertaining to each customer complaint lodged
(including the status of the complaint and tracking details) are provided in
the return e-mails which are sent back to the customers.
25. Sanctions and Export Policy
You may not use any Incredible India Art Service if you are the
subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by
the governments of the country where you are using Incredible India Art Serive.
You must comply with all U.S. or other export and re-export restrictions that
may apply to goods, software, technology and services.
Notice and Procedure for Making Claims of Right Infringements
If you believe that your rights are being infringed, you may
fill out and send a Email to hello@incredibleindiaart.com. We respond
expeditiously to rights owners and their agents who complete and submit the
Notice Email to communicate concerns about any alleged infringement.
Upon receipt of a Notice Email we may take certain actions,
including removing information or an item, all of which are taken without any
admission as to liability and without prejudice to any rights, remedies or
defenses, all of which are expressly reserved. Furthermore, in submitting a
Notice Mail, you grant to Incredible India Art the right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, and display
its content throughout the world in any media. This includes forwarding the
Notice Mail to the parties involved in the provision of the allegedly
infringing content. You agree to indemnify Incredible India Art for all claims
brought by a third party against Incredible India Art arising out of or in
connection with the submission of a Notice Mail.
Note on Third Party Seller Listings: Please keep in mind that
Third Party Seller listings are merely hosted on Incredibleindiaart.com and are
posted solely at the direction of Third Party Sellers who may be contacted via
their "Seller Information" page, accessible from any of their
listings.
IIA-UID, Defined: " IIA-UID " stands for Incredible
India Art Unique Identifier Number and is a Nine (9) character identifier. It
can be found below any listing under "Product Details".
Important Warning: giving false, misleading or inaccurate
information in the Notice Mail to Incredible India Art may result in civil
and/or criminal liability. You should contact a legal advisor should you have
any questions.
Grievance Detail
If you believe that your rights are being violated by an item or
information on the Incredibleindiaart.com site, you may fill out and submit the
Notice Mail(below). This signed form can be sent via E-mail PDF or Post to the
Grievance Officer:
Name: Himanshu Sharma
e-mail PDF: hello@Incredibleindiaart.com
Subject Line: Claim of
Infringement
or
Incredible India Art
145 First Floor, Bhagwati Market, Gali Lohe Wali,
Chawri Bazar, Delhi - 110006
(We will accept a signed PDF via e-mail with the subject line
"Claim of Infringement" or Post, unless by prior agreement we have
agreed with you for an alternative receipt mechanism).