Terms and Conditions of Use
From this point onwards www.kassimprint.com shall be referred to as [name of website].
IMPORTANT! THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY [name of website]. BY USING OUR WEBSITE, YOU ACCEPT THESE TERMS AND CONDITIONS IN FULL; ACCORDINGLY, IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS OR ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE OUR WEBSITE.
The following demonstrates Terms and Conditions of use applicable to your use of [name of website]. It is an agreement between you as the user(s) of the web site and KASS.
These terms and conditions shall govern your use of our website.
i. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
ii. If you register with our website, submit any material to our website or use any of our website services, you expressly agree to these terms and conditions.
iv. Before you subscribe to and/or begin participating in or using web site, [name of website] believes that user(s) have fully read, understood and accept the agreement.
v. If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the web site.
II. WEBSITE MERELY VENUE/PLATFORM:
Web site acts as a mere venue/platform for our members for buying and selling Original Artworks of artists through our online portal. We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between [name of website] and other party.
III. USER(S) ELIGIBILITY:
• User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by [name of website].
• Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law.
• User(s) while accessing the web site to showcase or sell works, must follow/abide by the related laws. [name of website] is not responsible for the possible consequences caused by your behavior during use of web site.
• [name of website] may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of web site.
You must not:
• Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.
• Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
IV. USER(S) AGREEMENT:
• This agreement applies to user(s) if user(s) are visitors, registered – free or paid user(s) who access the website for any purpose.
• This agreement applies to all [name of website] services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
• [name of website] may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
• The Purchaser shall acknowledge that that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which the Purchaser shall be responsible and which will be separately identified on the receipt.
• The Member identified on the listing of the Original Work of Art will ship the purchased work directly to the Purchaser.
• [insert website name] reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Services [insert website name] determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If [insert website name] cancels an order placed via the Services, [insert website name] shall send an email confirmation of such cancellation and there shall be no charge on the order.
INTELLECTUAL PROPERTY RIGHTS:
• All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, art work, print work and software, is the property of [name of website] or its content suppliers (including the Buyers and Sellers, as applicable) and protected under the Copyrights Act or any other law laid down for the time being in force.
• The KASS name and other Company logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company or its affiliates in India and/or other countries.
• [name of website] trademarks may not be used in connection with any product or service that is not [name of website], in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits [name of website].
• All other trademarks not owned by [name of website] or its affiliates that appear on this Website are the property of their respective owners, who may or may not be connected to or sponsored by [name of website] or its affiliates.
• The Website is and shall remain the sole and exclusive property of [name of website]. You shall have only the limited rights with respect to the Website as expressly granted in this Agreement, and all rights not expressly granted herein are reserved by [name of website].
• You acknowledge and agree that only [name of website] shall have the right to alter, maintain, enhance or otherwise modify the Website, or its products or services. [name of website] reserves the right to modify or to discontinue the Website and any products or services provided by [name of website] hereunder, with or without notice to you.
LINKS TO THIRD PARTY SITES
• Links to third party sites are provided by web site as a convenience to user(s) and [name of website] has not have any control over such sites i.e., content and resources provided by them.
• [name of website] may allow user(s) access to content, products or services offered by third parties through social media such as Instagram, Facebook, Twitter and LinkedIn to such Third Party’s web site.
• You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites.
• [name of website] believes that user(s) acknowledge that [name of website] has no control over such third party’s site, does not monitor such sites, and [name of website] shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Most content and some of the features on the web site are made available to visitors free of charge. However, [name of website] reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice.[name of website] also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of [name of website] and/or other visitors to the web site. [name of website] reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. [name of website] withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
a. If it concludes that the user(s) have provided any false information in connection with the member account, or are engaged in fraudulent or illegal activities.
b. The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
c. Utilize web site to send spam messages.
d. Post any artistic work to members that is not related to international trade or business cooperation.
e. Impersonate or unlawfully use another companies name to post information or conduct business of any form.
f. Any unauthorized access, use, modification, or control of the web site data base, network or related services.
g. Obtain by any means web site member’s user name and/or password.
• To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out.
• User(s) can become a Registered User(s) by filling an on-line registration form on the web site by giving desired information (name, contact information, details of its business, etc.). [name of website] will establish an account (“Account”) for the user(s) upon registration and assign a user alias (“User ID”) and password (“Password”) for log-in access to your Account.
• Web site may or may not assign user(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Website as well as the consequences of any such message.
• By becoming a Registered User, you consent to the inclusion of your personal data in our online database and authorize [name of website] to share such information with other user(s). However any such confidential information such as account details/bank details shall not be shared with any third parties.
• KASS may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Web site may suspend or terminate a registered membership at any time without any prior notification in interest of [name of website] or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of [name of website] in any way.
• All the registered user under NDND (National Do Not Disturb) and /or DND (Do Not Disturb) may receive promotional messages sent by [name of website] or its Agency and in case of such message being received it is clear that [name of website] or its Agency will not be responsible for any NDND or DND Registry regulation that will come into play.
• The features and services on the web site are provided on an “as is” and “as available” basis, and web site hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose.
• All such warranties, representations, conditions, undertakings and terms are hereby excluded. [name of website] makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, and stability, completeness of any information provided on or through the web site. [name of website] does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site does not violate any third party rights; and [name of website] makes no representations or warranties of any kind concerning any product or service offered or displayed on the web site. Any material downloaded or otherwise obtained through the web site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from web site or through or from the web site shall create any warranty not expressly stated herein.
• Under no circumstances shall web site be held liable for an delay or failure or disruption of the content or services delivered through the web site resulting directly or indirectly from acts of nature, forces or causes beyond its 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, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
• User(s) hereby agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the web site (including but not limited to the display of your information on the web site) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to web site.
• User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the web site.
• Website reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in case of any illegal acts which [insert name of website] does not have control in which event you shall cooperate with web site in asserting any available defenses.
• Web site 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, strict liability or otherwise or any other damages resulting from any of the following:
• The use or the inability to use the web site;
• Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
• Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site 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;
• Unauthorized access by third parties to data or private information of any User(s);
• Statements or conduct of any User(s) of the web site; or
• Any matters relating to Premium Services however arising, including negligence.
GOVERNING LAW AND DISPUTE RESOLUTION
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Web site’s failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives KASS’ right to act with respect with subsequent or similar breaches.