Terms and Conditions
Introduction
Welcome to artcastell.com. This website is owned and operated by Art Castell art gallery. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’).
This agreement is in effect as of May 1, 2023.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of registration process, or as part of your ability to use the resources. You agree that any information you provide will always be accurate, correct, and up to date.
. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iiii. Impersonates any person or entity, including any artcastell.com employees or representatives.We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of artcastell.com and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
. i) the use of our Resources will meet your needs or requirements.
. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
. iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
. v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from artcastell.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. artcastell.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
Most of the content and materials available on artcastell.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of artcastell.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by artcastell.com.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by artcastell.com from our offices located in the state of Kerala, INDIA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Kerala, by accessing our website, you agree that the statutes and laws of Kerala, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in INDIA, Kerala You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Privacy Policy
In this privacy policy, references to “you” mean any person submitting any data to us or our agent or the site. If you have any comments or suggestions, we would be pleased to receive them at our Mailing address or by emailing us at: [email protected].
Data protection is a matter of trust and out privacy is important to us. We shall therefore only use your name and other information which relates to you in the manner set out in this privacy policy. We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you.
We will only keep your information for as long as we are either required to by law or as is relavant for the purposes for which it was collected.
You can visit the Site and browse without having to provide personal details. During your visit to the Site you remain anonymous and to no time can we identify you unless you have an account on the Site and log on with your user name and password.
Data that we collect
We may collect various information if you seek to place an order for a product to us on the Site. We collect, store and process your data for processing your purchase on the Site and any possible later claims, and to provide you with our services. We may collect your title, name, gender, email address, postal address, delivery address (if different), telephone number, mobile number, fax number, payment details, payment card details or bank account details.
We need this information in order to allow you to go ahead with placing your order for a product. We may use that data to process payment for the product and deliver the product to you. We also use that data to inform you when the product is about to be delivered.
We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier).
We may also use your data in order to manage the Site, collect payment from you, enable you to subsequently use parts of the Site, detect any fraud or Site abuses, send you information relevant to the Site or our products, and in case we have any queries.
You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
Your actual order details may be stored with us and you may access this information by logging into your account on the Site. Here you can view the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidentially and not make it available to unauthorized third parties. We cannot assume any liability for misuse of passwords unless this misuse is our fault.
We shall not share any of your personal information with third parties without your explicit consent. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent .We view protection of your 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 India that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use the site.
Under no circumstances do we rent, trade or share your personal information that we have collected with any other company for their marketing purposes without your consent. We reserve the right to communicate your personal information to any third party that makes a legally-compliant request for its disclosure.
Other uses of your personal information
We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you or follow the unsubscription process as detailed in the SMS. Kindly note that unsubscribing from one medium does not automatically lead to unsubscription from the other.. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. If your instruction is unclear we will contact you for clarification.
Competitions
For any competition we use the data to notify winners and advertise our offers. You can find more details where applicable in our participation terms for the respective competition.
Third Parties and Links
We may pass your details to other companies in our group. We may also pass your details to our agents and subcontractors to help us with any of our uses of your data set out in our Privacy Policy. For example, we may use third parties to assist us with delivering products to you, to help us to collect payments from you, to analyze data and to provide us with marketing or customer service assistance. We may exchange information with third parties for the purposes of fraud protection and credit risk reduction. We may transfer our databases containing your personal information if we sell our business or part of it. Other than as set out in this Privacy Policy, we shall not sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy Policy or unless we are required to do so by law. The Site may contain advertising of third parties and links to other sites or frames of other sites. Please be aware that we are not responsible for the privacy practices or content of those third parties or other sites, nor for any third party to whom we transfer your data in accordance with our Privacy Policy.
Cookies
The acceptance of cookies is not a requirement for visiting the Site. However we would like to point out that the some functionality on the Site and ordering is only possible with the activation of cookies. Cookies are tiny text files which identify your computer to our server as a unique user when you visit certain pages on the Site and they are stored by your Internet browser on your computer’s hard drive. Cookies can be used to recognize your Internet Protocol address, saving you time while you are on, or want to enter, the Site. We only use cookies for your convenience in using the Site (for example to remember who you are when you want to amend your shopping cart without having to re-enter your email address) and not for obtaining or using any other information about you (for example targeted advertising). Your browser can be set to not accept cookies, but this would restrict your use of the Site. Please accept our assurance that our use of cookies does not contain any personal or private details and are free from viruses
Security
We have in place appropriate technical and security measures to prevent unauthorised or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secure server. We use firewalls on our servers. When we collect payment card details electronically, we use encryption by using Secure Socket Layer (SSL) coding. Whilst we are unable to guarantee 100% security, this makes it hard for a hacker to decrypt your details. You are strongly recommended not to send full credit or debit card details in unencrypted electronic communications with us. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorised access to your password and to your computer.
Consent
By submitting data to us or our agent or using the Site, you consent to our use of your data in the manner set out in this Privacy Policy.
Copyright
We have copyright over this Privacy Policy. Use by third parties, even by way of extract, for commercial purposes is not allowed. Infringements may be subject to legal action.
This Privacy Policy can change at any time to include / exclude clauses and artcastell.com does not bear responsibility for updating Users on the same.