Terms and Conditions

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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The following terms and expressions when used in this agreement shall, unless the context otherwise requires, have the following meanings:

“Artist” shall mean the person who has created an artwork offered for subscription on the Platform;
“APL” / “Company” shall mean Artygance Private Limited including its successors, permitted assigns and website along with online store platform;
“Customer”/ “User” shall mean the person who places order(s) on the Platform to buy/rent/subscribe to Product(s) or uses the Platform to browse;
“Parties” shall mean the Company and the Customer;
“Platform” shall mean Artygance Private Limited or any other platform of the Company where Products are offered for buying, renting, subscription and other services by the Company;
“Policies” shall mean policies available on the Platform which
1. shall govern the subscription of Products,
2. shall be binding and enforceable
3. shall include tenure policy, payment policy, delivery policy, pick-up policy, switch policy, damage policy, subscription policy, renting policy, refund policy, Cash on delivery policy, referral policy and coupon policy;
“Premises” shall mean any office area or plot or building or warehouse or part thereof in possession of the Company or from where the Company operates;
“Product” shall mean any artwork or service offered on the Platform;
"Subscription Charge” shall mean the price at which a Product is offered for subscription on the Platform;
“Subscription Commencement Date” shall mean the date on which the Customer physically receives a subscribed Product in its premises;
“Subscription Period” shall mean the period during which Products are subscribed to by the Customer through order(s) placed on the Platform;
“Switching” shall mean giving a subscribed Product back by the Customer to the
Company in order for the Company to provide a different Product to the Customer
during the Subscription Period; and
"Rent Charge” shall mean the price at which a Product is offered for rent on the Platform;
“Rent Commencement Date” shall mean the date on which the Customer physically receives a rented Product in its premises;
“Rent Period” shall mean the period during which Products are rented to by the Customer through order(s) placed on the Platform;
“Terms of Use” shall mean the terms and conditions, as available on the Platform, which have to be adhered to by the Customer in order to use the Platform offered by the Company.

Welcome to Artygance Private Limited’s (APL/We/Us/Company) Terms of Use and Privacy Policy. Please note that by accessing this website, you are agreeing to abide by our Terms of Use and Privacy Policy as set out below. In addition, when you use any APL service, you may be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this agreement by this reference. APL reserves the right to change the services provided through the online store and/or these terms and conditions at any time. APL retains the right to deny access to anyone who we believe has violated any terms of this Agreement. If you are under 18, you may use APL online store only with involvement of a parent or guardian. We advise you to read these conditions and stipulations carefully before proceeding to access this website. When we say ‘you’, we only mean natural persons.

By using the Site, you agree to follow and be bound by all terms and conditions concerning your use of the Site. Certain areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site

APL may monitor User’s access to the Site and terminate User's access to the Site or any part thereof at any time and for any reason without any notice. The provisions regarding disclaimer of warranty, accuracy of information, software, database other system or functionality of website and indemnification shall survive such termination.

We reserve the right to change, amend, alter and modify our Terms of Use and Privacy Policy, and we will make an endeavour to notify you of the same at the earliest. By continuing to use this website, you agree to accept all changes, amendments, alterations and modifications made to our Terms of Use and Privacy Policy.

We will always strive to ensure that the information available on this website is accurate and reliable, however we make no warranties or representations as to the accuracy, correctness, reliability or otherwise, with respect to such information, and assume no liability or responsibility for any omissions or errors in the content of this website.

We will always endeavour to ensure that this website is functional and available at all times and that transmissions are error-free, however we do not guarantee this. Please note that we may limit access to this website for maintenance or augmentation reasons at any time without issuing prior notice.

All the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this The APL online store are provided by APL “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

The Object made available for sale/subscribe/rent on the Website may not always be in the physical possession of APL and may be physically located anywhere in the world.
All Objects made available for sale on the Website will be sold at the price listed and no discounts will be granted to the Customer. The price of the Object listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the physical location of the Object as well as the shipping address provided by the Customer. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the Object.
The Customer agrees that the Customer is liable for any duties and taxes that might be applicable on the purchase as per clause 2 above and such charges shall be payable in addition to the price of the Object.
All invoices will be raised by APL based on the registration information provided by the Customer or amended at the time of finalizing a purchase and payments will be accepted only from the Customer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until management decides whether a variation from the registration details may be accepted.
Placing an order on APL’s online platform constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by APL within 1 working day on account of a default by the seller or any prior or continuing breach by the Customer, such acceptance results in an enforceable contract of sale. The contract of sale is between APL (acting as the agent of the seller) and the Customer.
APL shall have the right to cancel any order placed on the APL’s online platform, at any time prior to the delivery of the Object, without assigning any reason whatsoever.
APL shall assume no responsibility for any errors or omissions that may occur in the Description, pricing or other content related to the Object. In the event of such an error, APL reserves the right to cancel the order placed by the Customer by informing the Customer in writing/email.
Once an order is placed on APL the Customer is required to make payment for the price of the Object as well as the charges referred to above within 3 working days from the date of placing the order. In the event that APL does not receive payment within 3 working days APL reserves the right to cancel the order without prior notice to the Customer. Alternately, and without prejudice to the foregoing, APL may, at its absolute discretion, hold the Object for the Customer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.
The Object will be delivered/shipped to the Customer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by APL are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Customer. In the event that the Customer chooses to themself collect the Object from APL they must do so within one week of APL receiving the payment. In the event that the Object is not so collected within a period of one week, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of APL.
You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
APL is authorized by the sellers to exercise complete discretion in (i) the illustration and descriptions of Object for viewing and sale and (ii) acceptance or rejection of orders received.
APL is not obligated to provide any physical preview of the Object either before or after the sale. APL is in no way liable for the condition of the Object. Condition reports are provided on request and are based on the information provided by the seller/artist. In the event that APL is of the view that there is a significant difference in the physical aspect relative to its appearance as displayed on the website, an email will be sent to the Customer regarding the difference and APL will await the Customer's decision to proceed with the order.
All foreign currency exchange rates for the purchase are made on actual rates prevailing. The prices for individual Object will be 'rounded off' for ease of reference and do not necessarily reflect the exact exchange rate that will be used for calculation of the invoiced price.
The Customer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to APL immediately. APL is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where APL forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the Customer furnishing information to the satisfaction of APL.

Your Account

You agree to be responsible for maintaining the confidentiality of your account details which would include your username, password and any other detail you submit/provide which you deem to be confidential. You agree to not do any act which would result in unauthorised access to your account. You agree to take all steps necessary to ensure that the information you provide/ submit is kept confidential and secure. If you have any reason to believe that your account has been subjected to unauthorised use, you should reach out to us immediately. Our contact details are mentioned at the bottom of this document. You agree to take complete responsibility for any unauthorised use of your account resulting from your act or omission.

In order to use this website, you need to be 18 years of age or older. If you are below 18 years of age, then you need consent of your parent or guardian to use this website and your parent or guardian must agree with all the terms and conditions set out in our Terms of Use and Privacy Policy. You also need to be a person who is capable of (a) giving free consent, and (b) entering into a valid contract.

You represent and warrant that any information you provide through this website is true, accurate and complete, and you agree to keep it that way at all times.

Your Conduct

You agree (a) to not commit any act, or omit to do an act that causes or is likely to cause any disruption, damage, interruption or impairment to this website, (b) to use this website for lawful purposes only, and (c) that you take full responsibility for all communications and content sent from your computer to us.

You agree to not use this website (a) to defame or vilify any person of any caste, race, creed or religion, (b) to send, accept or use any material that is obscene, pornographic, indecent, harassing, threatening, harmful, abusive, inflammatory, defamatory, or otherwise, objectionable, (c) in breach of any law, or (d) in violation of any right or liberty.

APL Relationship to You

Artygance.com is not a party to any transaction relating to the Art. Artygance.com is only a venue for artist(s) to list their Art and for buyers to purchase such Art. Artygance.com has no control over the artist(s), buyers or any aspect of the transactions. We are a meeting ground for buyers and artist(s) and tax liabilities are with buyers and artist(s).

Your Privacy

We will collect the information that you provide/ submit while using our website including your name, your address (billing and any other address that you provide to us at any point in time), your telephone no, your e-mail address, your device ID, details of order(s) placed, date and time of order(s), and payment details. We also collect information based on how your browse or access or use our website including cookie information.

We value and respect your privacy. We use your personal data which you make available to us, for the purposes of our business including confirming your identity, contacting you, for invoicing and other administrative work, and sending (the occasional!) advertisements. Any information provided by you to us will be treated as confidential and we will not share such information without your consent. However, we may be required to use information provided by you for internal purposes. We may have to disclose any/ all information provided by you to our successors and permitted assigns; such disclosure being essential to run our business. We may have to disclose information if required by applicable laws or if required in any judicial proceeding, court order or legal process.

We may release your personal information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and/or other agreements; or protect the rights, property, or safety of APL, our employees, our users, or others. We may exchange information with other companies and organizations (including governmental authorities) for fraud protection and credit risk reduction.

Please note that we provide online payment services through a leading payment gateway service provider. Any financial information such as credit card details, provided by you will be stored in encrypted form by the service provider and employees of payment gateway service provider will not have access to such information. We assure you that we will not store your PIN or CVV number. However, you may note that transmission of data over the Internet, or any method of electronic storage, is not 100% secure. We assure you that we will always endeavour to resort to methods and processes which give maximum protection and security to the information you provide, however we cannot guarantee absolute protection and security. We would assume no liability for any disclosure of data which occurs on account of (a) transmission errors, (b) unauthorized access/ act/ omission, or (c) any act or omission by a third-party.

We use a third-party service provider for putting up advertisements on this website as well as across the Internet. The service provider may collect anonymous information when you access this website and may also use such information to show relevant advertisements to you.

We use cookies and similar technologies to collect website usage data. If you disable cookies or enable ‘do not track’ option, you may not be able to view certain portions or use certain services of this website.

If you reside in a country in the European Union (EU), European Economic Area (EEA), or Switzerland, then APL will be controller of the personal data that you provide on APL Online Platform.

As provided in this section, we collect your personal data which you voluntarily provide to us. Your consent when you provide your personal data to us shall be:

to carry out our business,
to contact you,
to invoice you,
to process transactions,
to send marketing/ advertising information,
to transfer your data outside EU/ EEA/ Switzerland and/ or to permitted assignees in order to process your requests and orders,
for the purpose of legal and regulatory norms and judicial process,
to enforce rights, and
for security reasons.

We use/may use processors for our business, and the processors may use your personal data under our specific instructions. However, we are not responsible if processors engaged by us, do not abide by our instructions, and process your data incorrectly. You are entitled to take action, legal and otherwise, against the processor for improper processing of your personal data.

We use third-party vendors to store information collected by us. If you access our website, YOU ARE CONSENTING to processing and/or storage of your data outside anywhere in the world. Your data will be stored until the purposes for which your data was collected, exist.

In case of a merger, acquisition, amalgamation, or any form of restructuring or reorganisation, or liquidation or insolvency process involving APL, some or all data provided by you may be shared or transferred, subject to standard confidentiality arrangements.

Intellectual Property Rights and Licensing

Contents of this website including texts, graphics, logos, icons, images, audio clips, data compilations, and software are owned by APL and/or its affiliates. All rights, titles and interests associated with the contents of this website vest in Team Float and/or its affiliates, as the case may be. Users of this website will only have a limited, non-exclusive, non-transferable and revocable licence to access/ use this website. You can access this website and use any/all services available to users like you. You agree not to use any content of this website in any manner for any commercial or non-commercial purpose without express written consent of Team APL or its affiliates, as the case may be. You agree to not modify, alter, adapt, format, reformat, download, upload, post, copy, reproduce, broadcast, publish, display, perform, transfer, transmit, disseminate or redistribute any content of this website in any manner.

You agree to not use any data mining tool, bots or any other tool/ device/ method/ process/ algorithm/ program to collect, copy or acquire any content/ portion of this website without the express written consent of Team Float and/or its affiliates, as the case may be.

Copyright of artworks offered on this website will always be with the concerned artists/APL or unless stated otherwise. Users of this website will only have a limited, non-exclusive, non-transferable and revocable licence to access images and other details of artworks as available on this website. While APL, its affiliates and its employees continually strive to ensure that artworks offered on this website do not infringe copyright of any person, we do not take any responsibility in case any artwork is found to infringe copyright of another person. You agree the responsibility and liability of such infringement would lie with the artist and any legal resource is to be taken against the concerned artist alone.

Indemnity

You hereby agree to indemnify and hold harmless APL, its affiliates and its directors, agents and employees, from any claim, demand, or actions including legal fees, made by any third party, or from any penalty imposed due to or arising out of your breach of conditions set out in this document.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, APL shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. APL shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, APL shall issue a credit to your credit card account in the amount of the charge.

Shipping and Delivery

APL is committed to deliver your order with good quality packaging within given time frame. We ship throughout the week, except Saturday, Sunday & public holidays. To ensure that your order reaches you in good condition, in the shortest span of time, we ship through premier courier agencies only.

Domestic and International Shipping

For International buyers, orders are shipped and delivered through registered international courier companies. For domestic buyers, orders are shipped through registered domestic courier companies.

International orders are shipped within 4 business days and Domestic orders are shipped within 2 business days, or as per the delivery date agreed at the time of order confirmation and courier company shipment delivery norms.

Please note Saturday, Sunday and Public Holidays are not set as working days for standard deliveries.

Shipping Charges

Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments. There could be instances where for specific items shipping charges may not be included and customer will be notified during checkout for the same. In such cases once the payment for product is completed APL customer support shall call and intimate you with the shipping charges and send you a link for the payment within 48 hours of the purchase.

Duties & Taxes for International Orders

Duties & Taxes for international orders are not included in the Shipping Charges, they are over and above. Most countries charge duties on imported items which are levied at the time of port entry and they vary from country to country. All such duties and taxes are to be paid to the shipping agency (DHL, FedEx etc.) at the time of your order delivery upon submission of invoice by our shipping agent.

Tracking Packages

Orders once processed and shipped can be tracked using the consignment/tracking number on the shipping agency’s website. A mail is sent to the customer after the order is shipped with this tracking number along with the service provider information. Order status is also updated on our website and you can check it from the “Order Status” tab in the footer menu options under “Account”.

Non-availability on Delivery

Our delivery partners will attempt to deliver the package thrice before it is returned back to us. Please provide your complete & accurate address including zip code and mobile number in the delivery address as it will help in making a faster delivery. For any shipping & delivery related queries, you can drop us an email at. In such cases based on the value of the item, shipping and packaging cost payment in full or part may be forfeited. And in case of reshipment the customer shall bear the repackaging cost if any as well as the shipping cost.

Receipt and Acceptance Confirmation Process

There could be Products listed on out platform that may not be physically in our possession and may with an Artist/Current Owner, in such cases mostly our authorised delivery partners who are trained to do packaging for art does the packaging and in some cases it could be the Artist/Current owner who would do the packaging. Please ensure that you inspect the shipment as soon as you accept it from the courier. In case of any physical damage to the outer or inner packaging, either refuse to accept delivery or accept delivery only after putting a suitable remark on the proof of delivery receipt document. APL retains the right to withhold refund/replacement of the damaged product if you fail to put a note about the nature of damage on the courier receipt confirmation slip.

In case of any damage to the actual product, you are required to inform the APL Online Platform customer care within 24 hours of receipt of the product.

Cash-on-Delivery Orders

Cash-on-Delivery (C-o-D) is an alternate method of purchasing from us, other than online payment (by Credit/Debit card and Netbanking). At the time of delivery, you need to pay the cash before the package is handed over.

When you choose C-o-D as a method of payment, it is mandatory for you to provide a landline number and a few KYC documents along with a deposit either online of in cash. Customers will receive a confirmatory call by customer care on the landline number provided. COD order will be processed only after the customer has confirmed the order on this call by Customer Care.

APL Online Platform will make three attempts to establish contact with you on the landline number provided by you at the time of placing the order. In case of failure of confirmation of order after 3 attempts, the order will be cancelled and email notifying cancellation will be sent to the customer. Order will not be processed till successfully confirmed.

During the delivery if the payment is not done or delivery not accepted or item is returned/rejected APL and its Delivery partners retain the right to return the order. APL retains the right to forfeit fully or partially the deposit that has been paid online or in cash. In cases were the item was not as expected (Completely different/Wrong Framing etc) or damaged in transit the Customer needs to put a remark on the confirmation note for return and APL customer support will reach out to you for the same. In such cases there may be a nominal charge that would be deducted from the deposit based on the discussion.

Subscription Terms

Your subscription will have a lock-in period which is determined by the tenure you choose while subscribing to a product.

In case you decide to close the subscription before the end of the chosen tenure, you will have to inform us 15 calendar days prior to the closure date chosen by you. In certain cases we may not charge you anything for early closure of tenure but in certain cases there could be some charges that you may have to pay, the same shall be decided by APL solely

Guide to calculating premature subscription closure charges:

Within 3 months= (Chosen Tenure - Months of Usage)/2 OR 2 months which ever is higher * Monthly Rental + Cancellation Fee of Rs. 500

3 months to 1 year=(1 year tenure rate - Chosen tenure rate) * Months of usage + Refundable Deposit

1 year to 2 years=(1 year tenure rate - Chosen tenure rate) * Months of usage

2 years to 3 years=(2 year tenure rate - 3 year tenure rate) * Months of usage

Should you choose to continue availing of our services beyond the end of your tenure, you can do so by informing us 15 calendar days prior to the end of the tenure. We will help you set up a new subscription with the tenure of your choice. However, we reserve the right to deny renewal of subscription on any product/s subscribed.

You can subscribe to a product by paying the refundable deposit applicable to it. Your Subscription Period starts from the day the subscribed product/s are delivered to your premises. All subscription will require a prior KYC.

The billing or payment cycle is the first of every month by default. In case you want to change it to a quarterly or a half-yearly cycle (which come with discounts for bulk payment) you can do so while completing your subscription process or from the user dashboard later.

If you fail to pay the Subscription Charges by the 10th of that month then a Late Fee of Rs. 750 will be levied per subscribed product.

If the Subscription Charges along with the Late Fee are not paid by the end of that month then we have the right to collect the applicable subscribed products from your premises.

Currently we offer our services in Mumbai, Pune, Delhi NCR, Chandigarh, Jaipur, Ahmedabad, Kolkata, Goa, Hyderabad, Bengaluru, and Chennai. For delivery, you need to be present at the delivery address at the agreed date and time. Failure of delivery in the first attempt due to your absence might incur additional delivery charges.

Switching conditions

For pick-up, you will need to intimate us at least 10 calendar days prior to the pick-up date post which it will be scheduled at a mutually agreed time.

You earn a free switch every four months of the subscription period.
There needs to be a gap of at least four months between availing two switches on the same product.
You can switch the product above your monthly subscription rate up to 15% of the original subscription.
You can also more than one product if the summation of the subscription rate is not more that 5%
If the subscription rate is higher than 15% then an additional charge of (selected subscription rate -10%) will have to be paid.
The refundable deposit of your new product will be added to your next bill. The refundable deposit of the product that you return will be refunded after all the necessary Quality Check (and deductions, if any) is done at our end.

Rental Terms

You can rent a product by paying the refundable deposit applicable to it. Rental Period is for minimum 1 week, starts from the day the subscribed product/s are delivered to your premises. All rental will require a prior KYC. In cases where rentals are required for less than a week please contact us and we will make the arrangements offline. Payment for rentals is 100% upfront. Rentals will be for a maximum of 8 weeks post which you need to re-rent. Availability of the items depends on early booking.

Rental Cancellation

Within 3 days - No Refund

3 days to 1 week - (Chosen Tenure - Weeks of Usage) or 2 weeks * weekly Rental + Cancellation Fee of Rs 750

1 Week to 2 Weeks =(1 Week rate - Chosen tenure rate) * 2 + Refundable Deposit

2 Weeks to 4 Weeks =(2 Weeks rate - Chosen tenure rate) * Weeks of usage + Refundable Deposit

4 Weeks to 8 Weeks = (3 Weeks rate - Chosen tenure rate) * Weeks of usage + Refundable Deposit

Return Period

Unless otherwise stated under "Returns" for a particular piece of Art, a buyer within geographical boundaries of Republic of India may return a piece of Art only if found as damaged condition / or wrong order received within seven (7) days after the date of buyer's receipt of such piece of Art (the "Return Period"). No returns will be accepted after such period. After marking the order as returned the buyer must intimate Artygance.com and we will have the order shipped back to the artist from the buyer within seven (7) days, if the return is not shipped within seven (7) days it will be deemed as cancelled and the order amount will be paid to the artist. Art cannot be returned if ordered as Framed or in Custom size or if shipped / Delivery is outside India.

Return Process

If a buyer elects to return a piece of Art, the buyer must write to Artygance.com with the photographs of the damage and an email message specifying the details damage. We shall debit artist for the Purchase Fees less any Insurance, packing, freight and transport fees associated with buyer's purchase. Reimbursement shall be made by issuing a refund if payment to Artygance.com was made by Net Banking OR Swift or if by Cheque if payment was made accordingly. APL may ask for Banking details / SWIFT details from buyer as the case may be when return process is initiated. Insurance, packing and shipping fees associated with the return of the returned piece of Art shall be the sole responsibility of the buyer, and Artygance.com shall have no obligation to reimburse the buyer for such amounts.

Damage Policy

In case of any damage, loss or theft of product/s regardless of cause or fault, you will inform us of the same at the earliest.

Upon inspecting the nature of damage, we will exercise sole discretion to determine the charges to be levied on you. In case of minor damages, the chargeable amount will be deducted from your refundable deposit.

In case you happen to receive a damaged product upon delivery, you have a 24-hour window to raise a ticket under the ‘Support’ section of your user dashboard along with photos of the damaged product. Upon assessing your case, we will try to ship you a replacement as soon as possible. Your Subscription Period will begin only when you receive the replacement product.

Refund Policy

The refund amount will depend on the final QC report post pick-up as well as outstanding dues, if any. Transfer of the final amount to the account provided by you will be initiated via NEFT/RTGS within 10 working days.

Customer Communication

APL Online Platform will communicate with you about your order and the purchased Product through any of the mode using email, SMS and telephone or all of them or any other mode

Account holders must provide a valid email address and contact telephone and/ or mobile number to APL Online Platform for this purpose. APL Online Platform will not use your personal information to initiate any promotional phone calls or SMS’es.

Please note APL Store will not be able to contact the customer on his mobile number in case customer’s mobile number is part of DNC (Do Not Call) list as generated by TRAI (Telecom Regulatory Authority of India). When you use the Site or send emails to APL Online Platform, you are communicating with APL Online Platform electronically. You consent to receive communications from APL Online Platform electronically. From time to time, APL Online Platform will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care.

Amendment of Terms

APL is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound by such amended T & C from time to time. Use of the services by User following such notification constitutes User’s acceptance of the Terms and Conditions herein as modified.

Limitation of Liability

In no event shall APL and/or APL their subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and/ or suppliers and their respective officers, agents, directors be liable with respect to the Website, Products and/ or any services hereunder:

for any amount in the aggregate in excess of the price paid by User; or for any indirect, incidental, punitive, or consequential damages of any kind whatsoever including but not limited to loss of use, revenue or profit, good will and/ or other intangible losses arising out of or in any way connected with the use of this Website, Products and/ or the services and/ or the Agreement or with the delay or inability to use this Website, or for any information, materials and/ or Products uploaded, posted, emailed, transmitted and/ or obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or otherwise, even if APL, subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and/ or suppliers had been advised of the possibility of damages. If User is dissatisfied with any portion of the Website available herein or with any of these Terms & Conditions, User’s sole and exclusive remedy is to discontinue using the Website.

Governing Law and Jurisdiction

The transactions on this website shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of Mumbai.

Force Majeure

APL shall not be liable for any failure and/or delay on their part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of APL , including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake , explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of APL hereto which prevents timely fulfilment of obligation of APL.

Third Party Terms, Conditions, Disclaimers and other polices

Please note that third-party service providers which facilitate transactions on this website, such as payment gateways and other payment transaction processors, have their own privacy policies. We strongly recommend that you read their privacy policies so you are aware of how your personal information will be handled by these providers. If these service providers have any facilities outside India which are used to facilitate transactions made on this website, information made available by you may become subject to laws of applicable jurisdictions. By proceeding to transact through this website, you are agreeing to subject yourself to applicable laws of all such jurisdictions.

In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, we are to be held liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained in this website, including and without limitation to damages for (a) lost profits, (b) loss of goodwill, (c) loss of business, or (d) loss of data, arising out of use or inability to use this website.

All statements, conditions, stipulations and declarations made in this Terms of Use and Privacy Policy document will be construed and interpreted in terms of law prevailing in India. In case of any dispute, the courts of Mumbai will have the exclusive jurisdiction to deal with the same.

The Site and Services

Artygance.com grants you a limited license to access and make personal use of this Site. The trademarks, trade names, designs and all material contained on this Site, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto ("Site Content") are the sole and exclusive property of Artygance.com or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission of Artygance.com, is strictly prohibited. Any unauthorized use terminates the permission or license granted by Artygance.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Artygance.com or your profile page so long as the link does not portray Artygance.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

If any clause of this agreement is or becomes illegal, invalid or unenforceable under the laws prevailing in India, the clause shall be deemed to be severed from this agreement and the remaining clauses will continue to be operative.

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Terms and Conditions

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