PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
(Updated on August 28, 2023)
These Terms of Use describe the terms and conditions applicable to your access and use of the
website at www.artistrybazaar.com (each a “Site/SubSite”). This document is a legally
binding
agreement between you as the user(s) of the Sites (referred to as “you”, “your” or “User”
hereinafter) and the ArtistryBazaar.com entity listed in clause 2.1 below (referred to as
“we”,
“our” or ArtistryBazaar.com” hereinafter).
1. Application and Acceptance of the Terms
1.1 Your use of the Sites and ArtistryBazaar.com services, software and products
(collectively the
as the “Services” hereinafter) is subject to the terms and conditions contained in this
document as well as the Privacy Policy and any other rules and policies of the Sites that
ArtistryBazaar.com may publish from time to time. This document and such other rules and
policies
of the Sites are collectively referred to below as the “Terms”. By accessing the Sites or
using the Services, you agree to accept and be bound by the Terms. Please do not use the
Services or the Sites if you do not accept all of the Terms.
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age
to form a binding contract with ArtistryBazaar.com, or (b) you are not permitted to receive
any
Services under the laws of Hong Kong or other countries / regions including the country /
region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that ArtistryBazaar.com may amend any Terms at any time by
posting
the relevant amended and restated Terms on the Sites. By continuing to use the Services or
the Sites, you agree that the amended Terms will apply to you
1.4 If ArtistryBazaar.com has posted or provided a translation of the English language
version of
the Terms, you agree that the translation is provided for convenience only and that the
English language version will govern your uses of the Services or the Sites.
1.5 You may be required to enter into a separate agreement, whether online or offline, with
ArtistryBazaar.com or our affiliate for any Service (“Additional Agreements”). If there is
any
conflict or inconsistency between the Terms and an Additional Agreement, the Additional
Agreement shall take precedence over the Terms only in relation to that Service concern
2. Provision of Services
2.1 The ArtistryBazaar.com contracting entity that you are contracting with is ArtistryBazaar
Inc. ( A
Delaware Company) if you are a registered member of the Sites and registered or resident in
United States of America/Canada. If you registered in a jurisdiction in the EU/Mainland
Europe then you are contracting with ArtistryBazaar UK Ltd, (Registered in UK) and for all
other
destinations in the world you are contracting with ArtistryBazaar Global Pvt Ltd a company
registered in India.
2.2 You must register as a member on the Sites in order to access and use some Services.
Further, ArtistryBazaar.com reserves the right, without prior notice, to restrict access to
or use
of certain Services (or any features within the Services) to paying Users or subject to
other conditions that ArtistryBazaar.com may impose in our discretion.
2.3 Services (or any features within the Services) may vary for different regions and
countries. No warranty or representation is given that a particular Service or feature or
function thereof or the same type and extent of the Service or features and functions
thereof will be available for Users. ArtistryBazaar.com may in our sole discretion limit,
deny or
create different level of access to and use of any Services (or any features within the
Services) with respect to different Users.
2.4 ArtistryBazaar.com may launch, change, upgrade, impose conditions to, suspend, or stop
any
Services (or any features within the Services) without prior notice except that in case of a
fee-based Service, such changes will not substantially adversely affect the paying Users in
enjoying that Service.
3. Users Generally
3.1 As a condition of your access to and use of the Sites or Services, you agree that you
will comply with all applicable laws and regulations when using the Sites or Services.
3.2 You agree to use the Sites or Services solely for your own private and internal purposes.
You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or
resell any Services or any information, text, images, graphics, video clips, sound,
directories, files, databases or listings, etc available on or through the Sites (the “Site
Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site
Content for the purposes of operating a business that competes with ArtistryBazaar.com, or
otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content
from the Sites to create or compile, directly or indirectly, a collection, compilation,
database or directory (whether through robots, spiders, automatic devices or manual
processes) without written permission from ArtistryBazaar.com is prohibited. Use of any
content or
materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read ArtistryBazaar.com’s Privacy Policy which governs the protection and use of
personal information about Users in the possession of ArtistryBazaar.com and/or our
affiliates.
You accept the terms of the Privacy Policy and agree to the use of the personal information
about you in accordance with the Privacy Policy.
3.4 You agree not to undertake any action to undermine the integrity of the computer systems
or networks of ArtistryBazaar.com and/or any other User nor to gain unauthorized access to
such
computer systems or networks.
3.5 By posting or displaying any information, content or material (“User Content”) on the
Sites or providing any User Content to ArtistryBazaar.com or our representative(s), you
grant an
irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers)
license to ArtistryBazaar.com to display, transmit, distribute, reproduce, publish,
duplicate,
adapt, modify, translate, create derivative works, and otherwise use any or all of the User
Content in any form, media, or technology now known or not currently known in any manner and
for any purpose which may be beneficial to the operation of the Sites, the provision of any
Services and/or the business of the User. You confirm and warrant to ArtistryBazaar.com that
you
have all the rights, power and authority necessary to grant the above license.
4. Member Accounts
4.1 User must be registered on the Sites to access or use some Services (a registered User is
also referred to as a “Member” below). Except with ArtistryBazaar.com’s approval, one User
may
only register one member account on the Sites. ArtistryBazaar.com may cancel or terminate a
User’s
member account if ArtistryBazaar.com has reasons to suspect that the User has concurrently
registered or controlled two or more member accounts. Further, ArtistryBazaar.com may reject
User’s application for registration for any reason.
4.2 Upon registration on the Sites, ArtistryBazaar.com shall assign an account and issue a
member
ID and password (the latter shall be chosen by a registered User during registration) to
each registered User.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be
solely responsible for maintaining the confidentiality and security of your Member ID and
password and for all activities that occur under your account. No Member may share, assign,
or permit the use of your Member account, ID or password by another person outside of the
Member’s own business entity. Member agrees to notify ArtistryBazaar.com immediately if you
become
aware of any unauthorized use of your password or your account or any other breach of
security of your account.
4.4 Member agrees that all activities that occur under your account (including without
limitation, posting any company or product information, clicking to accept any Additional
Agreements or rules, subscribing to or making any payment for any services will be deemed to
have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple
users outside of your business entity to use your account (collectively, "multiple use"),
may cause irreparable harm to ArtistryBazaar.com or other Users of the Sites. Member shall
indemnify ArtistryBazaar.com, our affiliates, directors, employees, agents and
representatives
against any loss or damages (including but not limited to loss of profits) suffered as a
result of the multiple use of your account. Member also agrees that in case of the multiple
use of your account or Member’s failure to maintain the security of your account,
ArtistryBazaar.com shall not be liable for any loss or damages arising from such a breach
and
shall have the right to suspend or terminate Member’s account without liability to Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to
accept the Terms, to grant the license and authorization and to perform the obligations
hereunder; (b) you use the Sites and Services for business purposes only; and (c) the
address you provide when registering is the principal place of business of your business
entity. For purposes of this provision, a branch or liaison office will not be considered a
separate entity and your principal place of business will be deemed to be that of your head
office
5.2 Member will be required to provide information or material about your entity, business or
products/services as part of the registration process on the Sites or your use of any
Service or the member account. Each Member represents, warrants and agrees that (a) such
information and material whether submitted during the registration process or thereafter
throughout the continuation of the use of the Sites or Service is true, accurate, current
and complete, and (b) you will maintain and promptly amend all information and material to
keep it true, accurate, current and complete.
5.3 Upon becoming a Member, you consent to the inclusion of the contact information about you
in our Buyer Database and authorize ArtistryBazaar.com and our affiliates to share the
contact
information with other Users or otherwise use your personal information in accordance with
the Privacy Policy.
5.4 Member may not use the Services and member account to engage in activities which are
identical or similar to ArtistryBazaar.com’s e-commerce marketplace business.
5.5 Member agrees to provide all necessary information, materials and approval, and render
all reasonable assistance and cooperation necessary for ArtistryBazaar.com’s provision of
the
Services, evaluating whether Member has breached the Terms and/or handling any complaint
against the Member. If Member’s failure to do so results in delay in, or suspension or
termination of, the provision of any Service, ArtistryBazaar.com shall not be obliged to
extend
the relevant service period nor shall be liable for any loss or damages arising from such
delay, suspension or termination.
5.6 Member acknowledges and agrees that the Services may only be used by businesses and their
representatives for business use and not for individual consumers or for personal use.
5.7 Member acknowledges and agrees that each Member is solely responsible for observing
applicable laws and regulations in its respective jurisdictions to ensure that all use of
the Site and Services are in compliance with the same.
6. Limitation of Liability
6.1. Disclaimer of Warranty:THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER
INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS
AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION,
ArtistryBazaar.COM DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE
OF
ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3)
DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2. Limitation of Liability:IN NO EVENT SHALL INC, ArtistryBazaar UK LTD, ArtistryBazaar
GLOBAL PVT LTD)
OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES,
DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON
THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE
USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF – (ArtistryBazaar INC,ArtistryBazaar
UK LTD,
ArtistryBazaar GLOBAL PVT LTD) BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH
DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF ArtistryBazaar INC. OR THEIR
RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS,
SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU
PAID TO ArtistryBazaar IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING
RISE
TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT
SHALL ArtistryBazaar.COM OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS,
SUBSIDIARIES, DIVISIONS, OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR
DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE
ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF INFORMATION CONTAINED IN YOUR ACCOUNT
OR OTHERWISE STORED BY OR ON BEHALF OF ArtistryBazaar.COM
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise
and services available through the Site. Because some states do not allow limitations on
implied warranties or the exclusion or limitation of certain damages in such states some or
all of the above disclaimers or exclusions may not apply and liability will be limited to
the fullest extent permitted by applicable law.
6.3 ArtistryBazaar.COM shall not be liable for any special, direct, indirect, punitive,
incidental
or consequential damages or any damages whatsoever (including but not limited to damages for
loss of profits or savings, business interruption, loss of information), whether in
contract, negligence, tort, equity or otherwise or any other damages resulting from any of
the following.
a) the use or the inability to use the Sites or Services;
b) any defect in goods, samples, data, information or services
c) violation of Third Party Rights or claims or demands that User's manufacture, importation,
export, distribution, offer, display, purchase, sale and/or use of products or services
offered or displayed on the Sites may violate or may be asserted to violate Third Party
Rights; or claims by any party that they are entitled to defense or indemnification in
relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Sites; or;
f) any matters relating to Services however arising, including negligence.
6.4 The limitations and exclusions of liability to you under the Terms shall apply to the
maximum extent permitted by law and shall apply whether or not ArtistryBazaar.com has been
advised
of or should have been aware of the possibility of any such losses arising.
7. Force Majeure
7.1 Under no circumstances shall ArtistryBazaar.com be held liable for any delay or failure
or
disruption of the content or services or products delivered through the Sites resulting
directly or indirectly from acts of nature, forces or causes beyond our reasonable control,
including without limitation, Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms,
explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or
tribunals or non-performance of third parties.
8.1 . Risk of Loss: The items purchased from our Site are shipped by a third party carrier
pursuant to a shipment contract. As a result, risk of loss and title for such items may pass
to you upon our delivery to the carrier.
8.2. Third Party Vendors: ArtistryBazaar.com are not affiliated with websites or third
parties that
sell or advertise our products or the Site. ArtistryBazaar.com reserves the right to void
all
service, return, and other policies for orders and ArtistryBazaar.com products that were
purchased
through unauthorized sellers or sellers that violate ArtistryBazaar.com
policies.ArtistryBazaar.com is
not responsible for any representations by third party vendors.
8.3. Unavailability of Site: We may alter, suspend, or discontinue this Site in whole or in
part, at any time and for any reason, without notice or cost. We may in our sole discretion,
terminate or suspend your use or access to all or part of the Site, or your account or
membership for any reason, including without limitation, breach of these Terms of Use. Also,
we may decide to cease making available the Site or any portion of the Site at any time and
for any reason. In addition, you acknowledge that temporary interruptions in the
availability of the Site may occur from time to time as normal events. Under no
circumstances will ArtistryBazaar.com or its suppliers be held liable for any damages due to
such
interruptions or lack of availability.
8.4. Termination. If at any time, we notify you that your access to and/or use of the Site or
your account is terminated, you must cease and desist from all such access and/or use
immediately. If we terminate your use of the Site for failure to comply with these Terms of
Use or otherwise for cause, we will not refund any fees you may have paid for goods we have
shipped. You understand that we may also continue to make your User Content available on the
Site even if your use of the Site is terminated or suspended. You agree that we will have no
liability to you or any third party for termination of your account, User Content or access
to the Site.
We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order
if fraud is suspected. In the event these Terms of Use or your membership or account are
terminated the restrictions regarding intellectual property matters, the representations and
warranties, indemnities, and limitations of liabilities set forth herein (as well as any
other of your obligations which by their nature should survive termination) will survive
termination.
8.5. Copyright Infringement: Notice and Take Down Procedures: Notice and Take Down
Procedures: If you believe that any materials on this Site infringe your copyright, you may
request that they be removed. This request must bear a signature of the copyright holder or
an authorized representative and must: (a) identify the allegedly infringing materials; (b)
indicate where on the Site the infringing materials are located; (c) provide your name and
contact information; (d) state that you have a good faith belief that the materials are
infringing; (e) state that the information in your claim is accurate; and (f) indicate that
"under penalty of perjury" you are the lawful copyright owner or are authorized to act on
the owner's behalf. Our contact for copyright issues relating to these Sites is:
care@artistrybazaar.com
8.6. Choice of Law and Forum: These Terms of Use and any dispute of any sort that might arise
between you and ArtistryBazaar.com or its subsidiaries, agents employees or affiliates shall
be
governed by and construed in accordance with the laws of the India, without regard to its
conflict of law principles, as it is applied to agreements entered into and performed
therein, and excluding the United nations Convention on Contracts for the Sale of Goods, as
amended from time to time. You and ArtistryBazaar.com agree that any such claims, causes of
action
or disputes shall be brought exclusively in courts located within the Union Territory of
Chandigarh,India, and you and ArtistryBazaar.com agree to submit to the personal and
exclusive
jurisdiction of such courts. You consent to the jurisdiction of such courts and irrevocably
waive any objection including without limitation any objection to the laying of venue or
based on the grounds of forum non conveniens which you may now or hereafter have to the
bringing of any such action or proceeding in such jurisdiction. YOU AGREE THAT IF YOU WANT
TO SUE ArtistryBazaar GLOBAL PVT LTD OR ITS SUBSIDIARIES, AGENTS, EMPLOYEES OR AFFILIATES,
YOU
MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT.
OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
8. General Provisions
8.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between
you and ArtistryBazaar.com with respect to and govern your use of the Sites and Services,
superseding any prior written or oral agreements in relation to the same subject matter
herein.
8.2 ArtistryBazaar.com and you are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or created by
the Terms.
8.3 If any provision of the Terms is held to be invalid or unenforceable, such provision
shall be deleted and the remaining provisions shall remain valid and be enforced.
8.4 Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section.
8.5 ArtistryBazaar.com’s failure to enforce any right or failure to act with respect to any
breach
by you under the Terms will not constitute a waiver of that right nor a waiver of
ArtistryBazaar.com’s right to act with respect to subsequent or similar breaches.
8.6 ArtistryBazaar.com shall have the right to assign the Terms (including all of our rights,
titles, benefits, interests, and obligations and duties in the Terms to any person or entity
(including any affiliates of ArtistryBazaar.com). You may not assign, in whole or part, the
Terms
to any person or entity