User Agreement
This document is an electronic record in terms of Information Technology Act, 2000 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.
These are the terms and conditions ("User Agreement") governing your use of the website http://art-n-craft.skp.net / http://www.art-n-craft.in (hereinafter referred to as "the Website") and the general principles for website and shall come into effect on 11th April 2008. These terms and conditions constitute your binding obligations towards SKP Art and Craft (hereinafter referred to as "SKP AC").
For the purpose of the User Agreement, Registered User / and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("User ID" and "Password").
As a new Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and SKP Art and Craft Rules and Policies, please do not click on the "check box" and on the "Continue" button and do not seek to obtain access to or otherwise use the Website.
Amendments: SKP AC may amend this User Agreement and/or SKP Art and Craft Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via SKP Art and Craft Website’s Announcement Board (hereinafter referred to as an “AB Post”). The revised version will be effective at the time SKP AC posts it on the Website / AB Post. In addition, if the revised version of this User Agreement includes a Substantial Change, SKP AC will provide you with 30 days' prior notice of such Substantial Change/s by an AB Post or by email. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in SKP Art and Craft Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
By accepting this User Agreement, the User has also accepted and agreed to be bound by SKP art-n-craft Rules and Policies as provided from time to time in the following hyperlinks:
1. SKP Art and Craft Rules and Policies
Please note: Various underlined words and phrases are hyperlinked to various rules and polices on the Website..
1. Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. SKP AC reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to SKP AC’s notice or if it is discovered that you are under the age of 18 years.
o Business entity registration: If you are registering as a business entity, you represent that you are duly authorised by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
2. Your Account and Registration Obligations
If you use the Website, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password.
You agree, inter alia, to:
o Provide true, accurate, current and complete information about yourself as prompted by SKP AC’s registration form (such information being the "Registration Data")
o You must not include any of your contact details such as email addresses etc in your User ID; and
o Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or SKP AC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, SKP AC has the right to indefinitely suspend or terminate your membership with the Website and refuse to provide you with access to the Website.
3. Electronic Communications
When You use the Website or send emails or other data, information or communication to SKP AC, You agree and understand that You are communicating with SKP AC through electronic records and You consent to receive communications via electronic records from SKP AC periodically and as and when required. SKP AC will communicate with You by email or by an AB Post notice or electronic records on the SKP art-n-craft Website which will be deemed adequate service of notice / electronic record.
4. Fees and Services
Membership on the Website is free. SKP AC does not charge any fee for browsing, buying ,listing the item for sale on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Credit Policy for items sold, which is hereby incorporated by reference into this agreement.
SKP AC reserves the right to change its Fee and Credit policies from time to time. In particular, SKP AC may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event SKP AC reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
Unless otherwise stated, all fees are stated in percentage value of item price which shall be quoted in Indian Rupees.
o Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
o Non-payment: SKP AC reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to SKP AC. SKP AC also reserves the right to take legal action in case of non-payment of fees by you to SKP AC.
5. Use of the Website
1. You understand and agree that SKP AC and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. SKP AC neither initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. SKP AC has no control over the third party user generated contents.
2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
§ "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
§ Your Information (or any items listed):
§ shall not be false, inaccurate or misleading;
§ shall not be fraudulent or involve the sale of counterfeit or stolen items;
§ shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
§ shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, SKP AC does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed at SKP Art and Craft Rules and Policies
§ shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
§ shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
§ shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
§ shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
§ shall not link directly or indirectly to or include descriptions of items, goods or services that:
§ are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860;
§ are identical to other items you have up for sale but are priced lower than your item's price.
§ are concurrently listed for sale on a web site other than the Website;
3. Solely to enable SKP AC to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. SKP AC will only use Your Information in accordance with the User Agreement and SKP Art and Craft Rules and Policies
4. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform SKP AC of the same. You may contact SKP AC at http://art-n-craft.skp.net/contact.php
5. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website as per the applicable Shill Bidding Policy enclosed and detailed in the following link SKP Art and Craft Rules and Policies which is incorporated by way of reference in this Agreement.
6. You shall comply with all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the The Antiquities and Art Treasures Act, 1972 ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any buyer (as defined under the Buying section) at any place outside India.
7. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
8. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to SKP AC as detailed in following link http://art-n-craft.skp.net/fees.php, and incorporated by way of reference in this Agreement.
6. Platform for Communication
The Website is only a venue where Users may meet and interact with one another for their transactions. SKP AC is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
o All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. SKP AC does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
o SKP AC is not responsible for any non-performance or breach of any contract entered into between Users. SKP AC cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. SKP AC shall not and is not required to mediate or resolve any dispute or disagreement between Users.
o SKP AC does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, SKP AC does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. SKP AC accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
o SKP AC does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
o SKP AC does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.
o The Website is only a venue through which Users can reach a larger base to buy and sell handicraft items. SKP AC is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with SKP AC nor shall SKP AC have any obligations or liabilities in respect of such contract. SKP AC is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
o At no time shall any right, title or interest over the items vest with SKP AC nor shall SKP AC have any obligations or liabilities in respect of such contract. SKP AC is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
o You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with.
7. We
do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent and we only use your
information as described in the Privacy Policy. We view protection of users'
privacy as a very important community principle. We understand clearly that you
and Your Information is one of our most important assets. We store and process
Your Information on computers located in the
8. Breach
Without limiting other remedies, SKP AC may limit your activity, immediately end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
o If you breach the User Agreement or Paypal User Agreement or Paypal Terms and Conditions or the documents, agreements rules, policies, terms and conditions these incorporate by reference;
o If SKP AC is unable to verify or authenticate any information you provide; or
o If it is believed that your actions may cause legal liability for you, other Users or SKP AC.
SKP AC may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with SKP AC or use the Website in any manner whatsoever until such time that such User is reinstated by SKP AC. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, SKP AC reserves the right to recover any amounts due and owing by you to SKP AC and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
9. Buying
All purchases (under the Buy It Now format) on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the seller.
An action to purchase may be increased in price or volume later but may not be withdrawn. Purchases cannot be canceled. By purchasing on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful.
SKP AC strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid Credit Card to buy. Willfully entering erroneous or fictitious bids may result in prosecution by SKP AC.
As a buyer you must contact the seller within 72 hours of payment.
Please be aware that even if you do not give SKP AC your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
As buyers on the Website we encourage you to post feedback on the seller after the purchase.
In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same and you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
10. Buyer Protection Program
The Buyer Protection Program seeks to assist buyers who have been defrauded by sellers on the Website. If a buyer has made a payment for an item and has never received it, the buyer can email us using http://art-n-craft.skp.net/contact.php
If the seller is found guilty of defrauding the buyer for which SKP AC has reimbursed the buyer, the sellers account on SKP AC shall be blacklisted and SKP AC shall charge the seller with the value of the item and a penalty of 20% of the value of the item. Further SKP AC reserves the right to recover the dues and take strict legal action (including initiating criminal proceedings) against the seller.
Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
11. Selling
As a registered member, you may list item/s for sale on the Website in accordance with the Listing Policies more fully detailed at SKP Art and Craft Rules and Policies which Policy is incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. All listings must comply with SKP Art and Craft Rules and Policies which Policy is incorporated by way of reference in this Agreement.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. SKP AC reserves the right to delete such multiple listings of the same product listed by you in various categories.
o You are legally obligated to complete the transaction sale contract with the buyer upon the item's sale online. You must contact the Buyer within 72 hours of item selling successfully and supply the item as per the shipping and delivery details mentioned in item description to the Buyer in a merchantable condition upon receiving the email from the Website that a payment has been received for your item.
You cannot post any item listed in Act as per the The Antiquities and ArtTreasures Act, 1972 for international selling.
12. Feedback
We encourage buyers on the Website to provide feedback sellers after the transaction has closed, this helps all Users to know what it is like to deal with the said seller. After you conduct a transaction, we encourage you to leave feedback for the seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. SKP AC will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, SKP AC reserves the right to suspend your membership, and you will be unable to list on the Website.
Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by SKP AC, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.
Import - We do not provide the technical ability to allow you to import feedback from other websites to SKP AC because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
13. No Warranty
SKP AC and its suppliers, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website and Paypal is at your risk.
14. Limitation of Liability
In no event shall SKP AC or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
SKP AC's liability in any circumstance is limited to the amount of fees, if any, paid by you to SKP AC. SKP AC, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Paypal Facility will be error free and/or uninterrupted. Consequently, SKP AC assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
o The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Paypal Facility..
o Any interruption or errors in the operation of the Website or Paypal Facility. You expressly understand and agree that SKP AC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SKP AC has been advised of the possibility of such damages).
15. Indemnity
You shall indemnify and hold harmless SKP AC and (as applicable) SKP AC’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, SKP Art and Craft Rules and Policies and Paypal Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
16. Relationship, Notice and Severability
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and SKP AC and you shall have no authority to bind SKP AC in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of SKP art-n-craft or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
17. Arbitration
If any dispute arises between you and SKP AC during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by SKP AC. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
18. Governing Law
The User Agreement, the documents they incorporates
by reference shall be governed and construed in accordance with the laws of
This document is an electronic record in terms of Information Technology Act, 2000 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.
© Copyright 2008 SKP art-n-craft All Rights Reserved. Registered Under The Data Protection Act.