Art Positive is a sister concern of Bajaj Capital Ltd, one of India’s premier Investment Advisory and Financial Planning Company with a track record of over four decades. Besides its physical gallery space in New Delhi, Art Positive is a premium site for sourcing all forms of contemporary & modern artworks from India. These are the terms and conditions governing your use of the website www.gallery artpositive.com (hereinafter referred to as "the Site") and constitutes your binding obligations towards Ganesha Online Limited the owner of the Site (hereinafter referred to as "GaneshaOnline")
By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. GaneshaOnline reserves its rights to amend, modify and/or alter the Terms and Conditions written hereunder at any time by posting the amended terms on the Site. Accordingly, all amended/modified and/or altered terms shall have an immediate effect, the moment they are posted on the Site and any subsequent use of the Site, shall be governed by such amended, modified and/or altered terms. Accordingly, browsers and/or users of this Site are advised to regularly check the Terms and Conditions, for any amendments, modifications and/or alterations, which may be made from time to time. If any of the Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, such Term/Condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions.
Use of the Site is available only to persons who are competent to enter into a contract in terms of the provisions contained in the Indian Contract Act, 1872 ('Act'). Accordingly, persons incompetent to enter into a valid contract in terms of the Act, shall not be capable to register as a member on the Site and cannot purchase or bid for any items on the Site. If you wish to purchase an item/product on offer on the Site such purchase may be made by your legal guardian or parents, who have registered as users of the Site. GaneshaOnline reserves its right to terminate your membership and refuse to provide you with access to the Site, in the event, GaneshaOnline suo-moto and/or upon investigation discovers that you are incompetent to enter into a contract in terms of the aforesaid Act.
Individual's Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree and undertake to accept responsibility for all activities that occur under your account or Password.
You agree and undertake to:
(a) Provide true, accurate, current and complete information about yourself as prompted by GaneshaOnline registration form (such information being the "Registration Data")
(b) You must not include any of your contact details such as email addresses etc in your username; and
(c) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event, any information provided is untrue, inaccurate, not current or incomplete or GaneshaOnline has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, GaneshaOnline has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Upon your visiting the Site and/or sending emails to us, you are communicating with us electronically. You hereby consent to receive communications from us electronically. However, GaneshaOnline may under appropriate circumstances communicate through letters/fax/telephone and or any other medium, which is commonly used as a medium of communication between two person(s) to communicate.
Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following principles:
(a) "Your Information" is defined as any information you provide to us or other users of the Site ("Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for the Information you have provided for, and we act on the information provided by you.
(b) Your Information:
(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent;
(iii) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(iv) shall not be obscene or contain pornography;
(v) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(d) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold and/or offered for sale on the Site.
(e) You shall comply with all applicable Domestic (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, 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 of items. You shall not engage in any transaction in an item, which is prohibited by the provisions of any applicable exchange control laws or regulations for the time being in force.
Disclaimer of Warranties and Liability
All information(s) and material(s) on this site are provided on an "AS IS" basis, and are without guarantees or warranties of any kind, express or implied. GaneshaOnline disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:
a) Art Positive is a mediator between any two parties involved in sale, resale and exchange. Art Positive and its website www.artpositive.com will act as a facilitator to provide an interface between two parties that are looking at sale, re-sale and exchange of their artwork/s. Art Positive will not be responsible to guarantee and maintain the genuity and authenticity of the artwork/s, their pricing and certification. Any interacting party must ensure direct interaction with each other for sale, re-sale and exchange of artwork/s.
b) any errors in or omissions from the Web Site and its content, including but not limited to technical inaccuracies and typographical errors;
c) any third party Web Sites or content therein directly or indirectly accessed through links, if any, including but not limited to any errors in or omissions there from;
d) your use of the Site.
Under no circumstances, GaneshaOnline nor any of its directors/ employees/ representatives accept any liability legal or otherwise for any direct or consequential loss arising from the use of the information/data, material contained in the Web Site to any User for:
a) loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the information(s) and material(s) in the Web Site;
b) special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever in any way due, resulting from or arising in connection with the use of or the inability to use the Web Site or its content / information(s) and materials; and claim attributable to errors, omission or inaccuracies in or destructive properties of any information
c) You expressly agree that your use of the Site is at your sole risk.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all products offered on the Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of GaneshaOnline affiliates and associates and are protected under applicable Indian Laws. Any infringement shall be strongly defended and pursued, to the fullest extent permitted by law.
IPR of Third Party
In the event, at any point of time we would have inadvertently and unknowingly infringed the IPR of any owner, the owner in the said IPR is requested to notify us about the infringement, we assure you of immediate action thereof. Advertising Material
The Site may contain advertising and other material submitted to GaneshaOnline by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with applicable International and National law. GaneshaOnline, will not be responsible for any advertiser's claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to GaneshaOnline terms and conditions.
Limitation of Liability
In no event shall GaneshaOnline or its suppliers 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 Site, its services or this agreement (however arising, including negligence). GaneshaOnline's liability in any circumstance is limited to the amount of fees, if any, paid by you to GaneshaOnline, its associates and partners make no representations or Warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, GaneshaOnline assumes no liability, whatsoever for any monetary or other damage suffered by you on account of
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or (ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that GaneshaOnline 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 GaneshaOnline has been advised of the possibility of such damages).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and GaneshaOnline and you shall have no authority to bind GaneshaOnline in any manner whatsoever.
The Terms and Conditions shall be governed and construed in accordance with the laws of India.
GaneshaOnline respects your privacy. The information provided by you on the Site (for e.g in the Registration details) are only collected, stored and used for defined purposes. We use your information to support and enhance our relationship with you, for example, to process your purchase, provide service and support, and share products on offering with you. We do not sell your personal information. We only share your personal data outside the GaneshaOnline family with your consent, as required by law or to protect GaneshaOnline, its customers, or the public. At any time you may contact GaneshaOnline with any privacy questions or concerns you may have. We strive to ensure a high level of security and confidentiality