TERMS OF SERVICE
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.
This terms and conditions governing Your rental/purchase of Artworks from Monde Art, For the purpose of accessing and using this website and/or for renting/purchasing from this website, any person who is not competent under the Indian Contract Act, 1872, to enter into a legally binding contract including minors, un-discharged insolvents, persons of unsound mind etc. are not eligible to use this website and/or rent/purchase from the Monde Art. By using this website or the services rendered by this website in any manner, You warrant that You are 18 years of age or above.
The terms “we”, “us” and “our” refer to Monde Art offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3. You must not transmit any worms or viruses or any code of a destructive nature.
1.4. A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.5. You agree that this policy governs all aspects of your renting/purchasing of artwork available on our website.
2.1. We reserve the right to refuse service to anyone for any reason at any time.
2.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve
a) Transmissions over various networks; and
b) Changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.4. The headings used in this policy are included for convenience only and will not limit or otherwise affect these Terms.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1. The materials available on the website are provided “as is” and is prepared solely for the purpose of providing information about Monde Art, its subsidiaries and associated companies and the services which they offer. Any reliance on the material on this website is at your own risk.
3.2. Whilst Monde Art has used reasonable care and skill in compiling the content of the website, it makes no warranty (express or implied) as to the accuracy or completeness of any information on the website.
4. MODIFICATIONS TO THE SERVICE AND PRICES
4.1. Prices for our products are subject to change without notice.
4.2. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
4.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. PRODUCTS OR SERVICES
5.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to provisions under Section 7 herein below.
5.2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer/device’s monitor's display of any color will be accurate.
5.3. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
5.4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. PAYMENT OPTIONS
6.1. There are three modes of using the services of Monde Art, for purchasing artwork, renting artwork available on the website and Commissioning Artwork.
a) For the purpose of buying the artwork, a direct onetime payment has to be made to Monde Art which shall entitle you to own the artwork.
b) For the purpose of renting the artwork, the following provisions will apply:
a) The rental fee (“Rental Fee”) for an artwork will include the rental fee, delivery charges and one-time interest free security deposit listed on the Website in connection with Your rental of the artworks. Upon Your order to rent an artwork, you hereby authorize us to charge Your credit card for the Rental Fee at our convenience but within thirty (30) days of credit card authorization. In addition, at the time of Your rental order of an artwork, You hereby authorize Monde Art to charge Your credit card for the retail value of that artwork set forth on the Website, plus sales taxes (“Retail Value”) at the time such amount may be owed.
b) The Retail Value of the artwork may change during the course of the rental period, in examples like but not limited to, the Retail Value of the artwork might have increased after the artist has exhibited at a show or gallery. We will charge Your credit card in the circumstances set forth in Section 7 below. Rental Fees excludes all taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by Monde Art, shall be remitted by You to Monde Art in connection with Your order for the rental. We reserve the right to increase the Rental Fee with thirty (30) days advance notice to you. We also reserve the right to collect deposits for certain artworks at our sole discretion.
c) You agree that we may automatically renew your rental and automatically charge You the Rental Fees for such renewal using the credit card associated with Your rental at the renewal date each month of the extended quarterly period.
d) The billing cycle is calculated from the date that the artwork was delivered to You.
e) If the monthly Rental Fee is not paid within one (1) week of its due date, the security deposit advanced shall be made non-refundable and the Artwork shall be taken back.
c) For the purpose of commissioning the artwork please refer the assignment charter provided to you.
7. PAYMENT OF RETAIL VALUE
7.1. Receipt of the artworks: Upon delivery to You or to a common carrier, You bear responsibility for the artwork(s), including risk of loss. You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A “Secure Shipping Address” is a location where an individual can physically receive artwork(s). In the event that an unsecure shipping address is provided, Monde Art does not bear liability for artworks left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which you, and not Monde Art, will be responsible. Please keep the packing box in the event of rental return.
7.2. Use of the artworks: You agree to treat each artwork with great care and prudence. If You return an artwork that is different from the artwork we provided you, then You agree that we may charge You, and You will pay the Retail Value for the artwork at the time such artwork was rented.
7.3. Continued Rental: You agree to continued payment of the Rental Fee on a monthly basis till the termination of your rental contract or decision to purchase the artwork. Upon notification of a Rental termination, You agree to return the artwork to Monde Art on the contract termination date.
a) Monthly payments shall be made on or before the due date of each month to avoid late payment charges.
b) If the monthly Rental is not paid within one (1) week of the due date, then the security deposit advanced shall be made non-refundable and we will be entitled to take possession of the artwork.
7.4. Payment of Retail Value. We will not charge You an amount greater than the latest Retail Value at the time of damage for any charges arising under Section 7.2 excluding collection costs.
7.6. Collections: If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures to recover the said amount. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.
7.7. Removal: We reserve the right to terminate your right to rent artwork from us at any time in the event of Your breach of these Rental Terms or for no reason or any other reason at our discretion. Without limiting our other rights under these Rental Terms, upon termination of these Rental Terms, we may re-enter and take possession of the artwork wherever situated if such Artworks are not returned to us in the permitted period of time, without any court order or other process of law and without liability for entering the premises.
7.8. Credit Card: You will ensure that you will update Your credit card details with us at least 1 month before Your credit card expires. We reserve the right to charge the full latest Retail Value of the artwork if we do not receive your updated credit card details prior to the expiry date.
8. ACCURACY OF BILLING AND ACCOUNT INFORMATION
8.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and/or website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9.1. In case of any damage to, loss of, or any theft (disappearance) of the artwork, regardless of cause of fault, You shall inform the undersigned Monde Art representative at the earliest.
9.2. Depending upon the nature of damages, we shall at our sole discretion decide the amount of charge to be levied on you for such damages. In case the damage so incurred is of consequential nature, we shall after our inspection, inform You if the same shall be adjusted against the security deposit which shall be made non-refundable.
10.REFUND OF SECURITY DEPOSIT
10.1. If the artwork's quality check is complete without any reports on damages, the whole amount of the security deposit shall be refunded to You, within (10) number of days via NEFT Transfer.
11.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input in/with.
11.2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
11.3. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
12.1. Certain content, products and services available via our Service may include materials from third-parties.
12.2. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
12.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13.1. At all times, Monde Art and/or its licensors, remain copyright or Monde Art’s other intellectual property rights, and/ the owner of the intellectual property in the content available on the website. No content nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of Monde Art.
14.USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
14.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
14.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
16.ERRORS, INACCURACIES AND OMISSIONS
16.1. Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
16.2. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
16.3. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h) to collect or track the personal information of others;
i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or
k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
18.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
18.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
18.2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
18.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
18.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
18.5. In no case shall Monde Art, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
a) that your use or access or another person's use or access of your computer or user id infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right of a third party under any local, international, federal, or state law;
b) that your use or access is in any way defamatory, slanderous, libelous, or otherwise injurious to a third party.
21.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
23.1. Monde Art takes copyright very seriously. If you discover any content on Monde Art’s website that you believe infringes your intellectual property, please provide us with a copyright notice with the following information:
a) a statement that you have identified content on Monde Art’s website that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
b) a description of the copyright work(s) that you claim have been infringed;
c) a description of the content that you claim is infringing and the location where such content can be located;
d) your full name, address and mobile number, a valid email address on which you can be contacted;
e) a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
f) and a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
g) with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
h) your electronic or physical signature (which may be scanned copy).
24.CHANGES TO TERMS OF SERVICE
a) Grievance Officer Name: Hatim Kantawalla
a) email address: firstname.lastname@example.org
a) Mailing Address Monte Carlo, La Citadel Colony, E4, Rd Number 7, La Citadel Colony, Dona Paula, Goa 403004
a) [10:00 AM to 6:30 PM from Monday to Friday except Public Holidays]