Term Conditions Page

GENERAL

“ www.gallery83.in” (hereinafter, the ‘Website’), are owned and operated by Gallery 83. (Hereinafter the ‘Firm’), a Firm formed as per the laws of India having its registered office at Channa kothar kampoo lashkar, Gwalior 474001 (M.P).

The Website is a platform which offers Home decor services, with unique designs in the market to organize any room space. It is one stop shop for the varied variety homes and articles from across the globe.

You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the Firm. These terms are to be read along with the Privacy Policy and any other policies on the Website and/or Application.

This document is an electronic record under the laws of India which require publishing of Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the Website and/or Application and being generated by a computer system, it does not require any physical or digital signatures.

DEFINITIONS

“We”, “Us”, “Our”, shall mean the Firm.

“Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our website.

“You”, “Your”, “User” refers to the user of the site. “User” is anyone who is visiting, accessing or browsing the Website. The User can be any person who visits and/or browsers the Website (visitor), or any person/artist/content creator who has registered for a user profile on the Website (registered user).

“Website” shall mean www.gallery83.in, a Website through which the Firm’s services shall be availed.

“Content” refers to any text, image, graphic, video, audio, location or all forms of data which are made available on the Website.

“Your Content” refers to any content submitted by way of registration/membership or interaction by means of publishing or uploading content on the Website.

“Third Party” refers to any person other than the “User”, “Firm”, or the “Website”.

ABOUT THE FIRM

The Firm’s Website is primarily for any User, who would like to avail the Firm’s services for home décor and home utilities. It is an online platform which contains unique designs. A story that flows from your bedside, across the table, over to the wall. to enhance a mood, an emotion, a memory.

The merchandise is being shipped all across the globe excluding certain restricted countries.**

** The website content may be seen in the restricted countries however the orders may not be processed until we feel it’s safe to do business in those countries. This could be due to terrorism, any type of scams, Credit card frauds etc.

ELIGIBILITY AND ACCESS

For a Registered User:

Users/artists/content creators must register in order to avail the Firm’s services by providing certain information, which includes, but is not limited to, the following: Name, Phone Number, Email ID, User photo, Awards, Achievements, Payment Information as per the Firm’s preferred payment gateway provider (such as credit card, debit card, net banking information), Location, etc.

At any time during your use of this Website, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of your username and password, and any activity under your registered account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or the Firm has reasons to believe you have done so, We hold the right to permanently suspend  and cancel the account and withhold any funds with us with regard to your account.

In addition to this, You would be required to comply with the following:

You will not provide any false personal information.

You will not create/register an account for anyone other than yourself without permission.

You will not create more than one registered account/user profile.

If your registered account is suspended/disabled by us, You will not create another account/user profile without our prior permission.

You will not use our Website if you are under the age of 13 years.

You will not share your registered account/user profile or let anyone else access your account, or do anything else that might jeopardize the security of your account.

PRIVACY POLICY

The Privacy Policy is separately available on the Website, and can be perused by you at your convenience available at: https://www.gallery83.in/privacy-policy/

CONTENT ON THE WEBSITE

You agree, undertake and confirm that your use of our service shall be strictly governed by the following binding principles:

You agree and understand that the Website merely provides a platform for showcasing the products for home décor.

You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.

Data contained on or made available through our website is not intended to be, and does not constitute, financial/investing advice. Our website, and your use of it, does not create an advisor-client relationship.

We may make changes to the features, functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our website.

THIRD PARTY CONTENTS/ADS

Our Website will incorporate information and ads from third party websites and applications including but not limited to social media websites as well as various payment gateways, which will be incorporated on the Website from time to time. Our Website merely displays such information and is not responsible for the authenticity or content of such information from third party websites and applications.

USER’S OBLIGATIONS

The User undertakes to fulfill the following obligations. Failure to satisfy any of these obligations gives us the right to permanently suspend your registered account or user profile and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us.

You agree to comply with all local laws and regulations governing the use of the Website and its services, including, without limitation, any usage rules set forth in this Terms of Service.

You undertake not to:

Cut, copy, distribute, modify, recreate, post, publish or create derivative works from, transfer, or sell any information or content obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should you want to engage in one or more such actions, prior permission from Us must be obtained.

Access (or attempt to access) the Website and/or the Contents or Services offered on the Website by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or to obtain or attempt to obtain any materials, documents or information, or contents through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website, You may be exposed to content from other Users or Third Parties Ads that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, you may report against such offensive contents to us.

Use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Firm’s services; (ii) any other party’s use and enjoyment of the Firm’s services; or (iii) the contents of any Third Party.

Use the Firm’s Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.

Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others.

Engage in any activity that interferes with or disrupts access to the Website or the Firm’s Services (or the servers and networks which are connected to the Website).

Upload or distribute files and contents that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website.

Download any file or content posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner.

Probe, scan or test the vulnerability of the Website, or any network connected to the Website, nor breach the security or authentication measures on the Website, or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, or visitor of the Website, or exploit the Website or information or contents made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.

Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website, or any affiliated or linked Websites.

Use the Website, or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the our rights, or the rights of other Third Parties.

Violate any applicable laws or regulations for the time being in force within or outside India.

Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service provided by us.

Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside India.

CHARGES

Browsing and use of this Website is free of cost, including creation of registered account/ user profiles.  There shall be no charges or cost involved for procuring the services provided on Website.

DATA STORAGE AND SECURITY

We provide utmost data security and protection through reasonable securities and practices as defined by law from time to time. We provide adequate date security for the information collected by us. For further information on privacy and security of data please refer to the Privacy Policy on the Website.

TERM AND TERMINATION

These Terms will remain in full force and effect while you are a User of the Website.

You may cease to be a User at any time, for any reason, effective upon receipt by the Firm of your written or email notice of termination, sent to the postal or e-mail address.

The Website may at any time by giving you reasonable notice, terminate the agreement with you, deny you access to the Website and/or suspend or delete your User Profile and/or any content you have submitted on the Website.

The Website may immediately terminate the agreement with you, deny you access to the Website and delete your User Profile and any other Content you have submitted on the Website in the event that you have breached any of these Terms of Service.

INTELLECTUAL PROPERTY

We place great emphasis on intellectual property. We own the trademarks and the user interface of our Website are all proprietary and the copyright belongs to us. We shall not allow any third-party information on it.

CONFIDENTIAL INFORMATION

“Confidential Information” shall mean and include any and all information and content whether commercial or technical including the confidential and proprietary information, technology know-how, commercialization strategies, marketing strategies and/or any other proprietary information. We undertake not to reveal to any third party the user’s confidential information. For further information refer to the Privacy Policy here.

DISCLAIMER OF WARRANTY

You expressly understand and agree that, to the maximum extent permitted by applicable law,

the Website, services and other materials and contents provided by this Website are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Firm makes no warranty that:

Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;

Materials, information and contents obtained will be effective, accurate or reliable;

Data collected by the Firm is verified by the Firm and the authenticity of the data shall not be the Firm’s responsibility;

Any wrongdoing by the User including theft, sexual abuse shall not be the Firm’s responsibility;

Any errors or defects in the Website, services or other contents will be corrected to the maximum extent permitted by applicable law. The Firm also disclaims all liability with respect to the misuse, loss, modification or unavailability of Your Content. The User understands and agrees that any material, content or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her electronic systems or loss of data that results from the download of such material, content or data. The Firm accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

LIMITATIONS OF LIABILITY

The services we provide are solely limited to the description provided under the “Services” section of this Terms of Service. We will not be liable for information and errors from third party websites and applications.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless our Firm including but not limited to its agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Service.

In no event shall our Firm, its officers, directors, employees, partners or suppliers be liable to you or for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website, services, contents or materials.

The limitations and exclusions in this clause apply to the maximum extent permitted by applicable law.

DISPUTES ARISING OUT OF THIS AGREEMENT

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.

Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Maharashtra, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Gwalior, Madhya Pradesh. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Gwalior, India and You hereby submit to the personal jurisdiction of such courts.

PRIVACY

We encourage You to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to videos) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that Your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

GOVERNING LAW

Arbitration:

These Terms of Service including the privacy policy shall be governed by Indian law.

Any disputes arising out of or in connection with these Terms of Service shall be governed by the laws the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be in English language.

Applicable Law:

You agree that the laws of the State of Madhya Pradesh, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of Gwalior, MP and we each agree to personal jurisdiction in those courts.

SEVERABILITY

Any provision of these Terms of Service which is, or may be, void or unenforceable shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect any other provision of these terms and conditions.

ASSIGNMENT

You agree that our Firm automatically assigns this Agreement and information incorporated herein in to a User. You may not assign your obligations under these terms to another entity.

MISCELLANEOUS TERMS

The Firm is not an agent, employee or partner of the User or third parties.

Modification of the Terms of Service: These Terms of Service may be modified from time to time to deliver better services. It shall be the obligation of the User to acquaint himself or herself with the modified Terms of Service from going to the Website from time to time. The Firm agrees to inform the User either through email or a pop up on the main page if there have been any significant changes made to the Terms of Service on the Website.

Waiver: A decision not to act against any User for any improper conduct does not prevent the Firm from acting in any future case against the same or other Users.

CONTACT US

If you have any questions about this Agreement, the practices of the Firm, or your experience with the Website, you can e-mail us at enquiries@gallery83.in