TERMS OF SERVICE

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This document is an electronic record in terms of Information Technology Act, 2000 including all its amendments and rules made thereunder 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.

The domain name www. artisanpro.in (hereinafter referred to as "Website") is owned by Canvaart Global Service Private Limited a company incorporated under the Companies Act, 2013 (18 of 2013) with its registered office at Senco Bagan, Panchpota, Balia, Kolkata, South 24 Parganas-700152, West Bengal.

This Terms of Service Agreement (the "Agreement") governs your use of this website, www.artisanpro.in (the "Website"), and Canvaart Global Service Private Limited ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website.

For the purpose of these Terms of Service, references to "you", "User" shall mean the end user accessing the Website, its contents and buying the products offered through the Website, "Service Providers" mean independent third-party service providers, and "we", "us" and "our" shall mean Canvaart Global Service Private Limited and its affiliates.

This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. We reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. We will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Canvaart Global Service Private Limited for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

PRODUCTS

Terms of Offer:

Our Website offers for sale of certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation:

Unless you notify us, while we are calling you, of your desire to opt out from further direct company communications and solicitations, you agree to continue to receive further emails and calls from us.

Opt Out Procedure:

We provide 2 easy ways to opt out from future solicitations.

You may use the opt out link found in any email solicitation that you may receive.
You may send a written remove request to infoartisanpro@gmail.com.

Proprietary Rights:

We have proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by us. We also have rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Sales Tax:

If you purchase any Products, you will be responsible for paying any applicable sales tax.

Exactness of Product:

The images of the Products on our Website are for illustrative purposes only and may have a small variation with the Product shipped. We will not be able to guarantee exactness of the Product with respect to the representation on the Website via images/videos. Although we have made every effort to display the colors accurately, we cannot guarantee that your device’s display of the colors accurately reflects the color of the Products. All sizes and measurements of Products are approximate; however, we do make every effort to ensure they are as accurate as possible. We take all reasonable care to ensure that all details, descriptions, and prices of Products are as accurate as possible.

WEBSITE

Content; Intellectual Property; Third Party Links: In addition to making Products available, this Website also offers information and marketing materials. We do not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that we do create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. We do not endorse the content on any such third-party websites. We are not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website:

We are not responsible for any damage resulting from use of this Website by anyone.

You agree and confirm that you will:

Abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property).
Use the Products provided by the Website for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the site.
Provide true, accurate, complete and current information in all instances where such information is requested of us. Our Website reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), our Website has the right, in its sole discretion, to reject the registration and debar you from using our products on our Website without prior intimation whatsoever.
Compensate us for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).
Use your best and prudent judgment before entering any transaction through this Website.
Avoid using the Website for illegal purposes.

You may not use the Website for any of the following purposes:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
Transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence
Reselling products on the Website
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the Website
Breaching any applicable laws
Interfering or disrupting networks or websites connected to our Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission
of the owner.
Defaming, harassing, abusing, or disrupting other users of the Website
Engaging directly or indirectly in transmission of "spam", chain letters, junk mail or any other type
of unsolicited communication

License:

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without expressing written authorization from us or the applicable third party (if thirdparty content is at issue).

Posting:

By posting, storing, or transmitting any content on the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. You are solely responsible for your interactions with other users of the Website and any content you post. We are not liable for any damage or harm resulting from any posts by or interactions between users. We reserve the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content we deem objectionable, in Canvaart Global Services Private Limited’s sole discretion.

DISCLAIMER OF WARRANTIES

Your use of this Website and/or Products are at your sole risk. The Website and Products are offered on an "as is" and "as available" basis. We expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.

Without limiting the generality of the foregoing, we make no warranty:

That the information provided on this Website is accurate, reliable, complete, or timely.
That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
That the Website will be constantly available, or available at all.

No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein.

Any defects in products will be corrected.

Regarding any products purchased or obtained through the website, some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

Our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of this Agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.

We will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or the Products in any manner, including liabilities resulting from (1) the use or the inability to use the Website content or Products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless Canvaart Global Services Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Canvaart Global Services Private Limited. When Canvaart Global Services Private Limited is threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify Canvaart Global Services Private Limited; your failure to provide such assurances may be considered by us to be a material breach of this Agreement. We will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Canvaart Global Services Private Limited’s choice at its expense. We will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend us against any claim, but you must receive Canvaart Global Services Private Limited prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

PRIVACY

We believe strongly in protecting user privacy and providing you with notice of Canvaart Global Services Private Limited's use of data. Please refer to our privacy policy, incorporated by reference herein, that is posted on the Website.

AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

GENERAL

Force Majeure:

We will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation:

We may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement:

This Agreement comprises the entire agreement between you and us and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver:

The failure of Canvaart Global Services Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction:

This Website originates from Kolkata, West Bengal. This Agreement will be governed by the laws of the State of West Bengal without regard to its conflict of law principles to the contrary. Neither you nor we will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of West Bengal. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights:

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination:

We reserve the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Canvaart Global Services Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, we reserve the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until we choose, in its sole discretion and without advance to you, to terminate it.

Domestic Use:

We make no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment:

You may not assign your rights and obligations under this Agreement to anyone. We may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

Charges

Membership on the Website is free for buyers. We do not charge any fee for browsing and buying on our Website. Canvaart Global Services Private Limited reserves the right to change its Fee Policy from time to time. In particular, Canvaart Global Services Private Limited 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 Canvaart Global Services Private Limited 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 Policy 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 shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Canvaart Global Services Private Limited.

User Conduct

We provide a platform for users to buy and sell goods online. To ensure a safe, secure and enjoyable experience for everyone, we kindly request all users to adhere to the following guidelines.

i. General Conduct

Treat Everyone with Respect: Maintain courtesy and professional behavior in all interactions. Avoid any form of harassment, discrimination, or offensive language.
Legal Compliance: Uphold all applicable laws and regulations of India, including the Information Technology Act, 2000, Consumer Protection Act, 2019, and Foreign Exchange Management Act, 1999.
Honesty, Accuracy, and Transparency: Provide accurate and complete information during registration, product listings, and communication. Avoid misleading or deceptive practices.
Integrity and Fair Play: Conduct all transactions with honesty, integrity, and fairness. Avoid engaging in fraudulent activities, attempting to gain unfair advantage or manipulating the platform for personal gain.
Content Restrictions: Refrain from posting or sharing content that is illegal, offensive, obscene, infringes on intellectual property rights, or violates our Terms of Service.

ii. Registration and Accounts

One Account per User: Create and maintain only one account and avoid using multiple identities.
Accurate Information: Provide complete and accurate information during registration, including name, email address, phone number, and delivery address.
Account Security: Safeguard your login credentials and avoid sharing them with anyone.

iii. Communication and Reviews

Respectful Communication: Communicate with other users and platform staff respectfully, avoid abusive language, personal attacks, or offensive behavior.
Constructive Feedback: Provide honest and constructive feedback in reviews and ratings. Avoid misleading, fabricated, or biased information.

iv. Dispute Resolution

Contact Website Support: In case of disputes, contact our customer support team for assistance. Follow our dispute resolution process to address any issues fairly and efficiently.
Legal Action: Legal action should be considered only as a last resort after exhausting all other avenues for resolution.

V. Consequences of Violation

Violation of this User Conduct Template may result in warnings, account suspension, temporary or permanent ban, legal action, or other consequences deemed necessary by the platform.

Building a Strong Community

By adhering to these guidelines, we can collectively create a thriving online marketplace built on trust, respect and ethical conduct. Let's work together to make www.ArtisanPro.in a safe and enjoyable experience for everyone!