TERMS AND CONDITIONS
Effective Date: 26th October 2024
Introduction:
Welcome to Art Wise investment [AWI], a mobile application ("App") provided by Pursuit Branding India LLP. These Terms and Conditions ("Terms") govern your use of the App, which provides a platform for discovering, exploring, and purchasing fine art.
Definitions:
- "Artwork" means any artwork, image, or other creative content displayed on the App.
- "Artist" means the creator of the Artwork.
- "Ownership" means Pursuit Branding India Pvt Ltd.
- "User" means anyone accessing or using the App.
- "Purchase" means the acquisition of Artwork or other products through the App.
Terms of Use:
- Acceptance: By using our App, you agree to comply with and be bound by these terms and conditions. If you do not agree, please do not use our services.
- Age Restriction: Users must be at least 18 years old.
- Intellectual Property: All Artwork and App content are protected by copyright and other intellectual property laws.
- Prohibited Conduct: Users shall not:
- Upload or transmit harmful or illegal content.
- Infringe on Artists' & Pursuit Branding India Pvt Ltd rights.
- Manipulate or falsely represent Artwork.
- Engage in fraudulent or deceptive activities.
- Account Security: Users are responsible for maintaining account confidentiality and security.
Artwork and Sales:
- Ownership: Pursuit Branding India Pvt Ltd retains ownership of the Artwork displayed on AWI.
- Sales: Pursuit Branding India Pvt Ltd facilitates sales between Users and Artists.
- Pricing: Prices are set by Pursuit Branding India Pvt Ltd.
- Payment: We use third-party payment processors.
- Refunds: Refunds are subject to our Refund Policy.
Payment Terms:
- Payment Processing: We use [Payment Processor] to process transactions.
- Fees: We charge [Fee Percentage]% commission on sales.
- Taxes: Users are responsible for applicable taxes.
Shipping and Delivery:
AWI is responsible for shipping and delivery and all your deliveries will be delivered within 8-14 Business Days. All shipping costs are to be borne by the buyer unless otherwise stated.
Returns and Refunds:
Refunds and returns are at the AWI's discretion unless the item is damaged or not as described.
Warranty Disclaimer:
The App is provided "as-is" without warranties of any kind.
Indemnification:
You agree to indemnify, defend, and hold harmless AWI, its affiliates, licensors, and service providers, as well as its and their respective officers, directors, employees, artists, and contractors (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with:
- Your use of, or inability to use, the App.
- Any violation of these Terms and Conditions by you.
- Any violation of any applicable law or regulation by you.
- Any claims made by third parties arising from your actions or omissions in connection with the App.
- Any content you provide, including but not limited to user-generated content, and any claim that such content infringes or violates any rights of any third party, including intellectual property rights.
The Indemnified Parties reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with all reasonable requests in assisting the Indemnified Parties' defence of such matter.
Termination:
We reserve the right to terminate or suspend accounts without notice.
Governing Law:
These Terms & Conditions shall be governed by and construed in accordance as per applicable laws of India.
Dispute Resolution:
- Informal Resolution: Before initiating any formal proceedings, you agree to attempt to resolve any disputes or claims arising out of or related to these Terms and Conditions through informal discussions with AWI. You can contact us at: connect@pursuitbranding.com to discuss your concerns.
- Arbitration: If the dispute cannot be resolved informally, you agree that any dispute or claim arising out of or relating to these Terms and Conditions, your use of the App, or any related matters shall be resolved by binding arbitration in accordance with the Arbitration law of India. The arbitration shall take place in Hyderabad, Telangana, and the decision of the arbitrator shall be final and binding.
Changes to Terms:
We may update these Terms & Conditions periodically.
Contact Us:
For questions or concerns, please contact:
Pursuit Branding India Pvt Ltd
605, Block A, Greenwoods Heights, Kowkoor, Alwal, Hyderabad – 500010, Telangana State.
Email: connect@pursuitbranding.comBy using the App, you acknowledge that you have read, understood, and agree to these Terms.
Acceptance:
I, [User], hereby accept and agree to the Fine Arts App Terms and Conditions.