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Coral Art Gallery – TERMS OF USE

(RKDart.com platform is developed and owned by Coral Art Gallery (Sole Proprietorship). All rights reserved.)

Please read these terms of use (“Terms”), a legal agreement between Coral Art Gallery , a Sole Proprietorship incorporated under the laws of India, having its principal place of business at New No 11, (Old no 199/2), 2nd Cross, Jayanagar 7th Block West, Bangalore-560070 India (Hereinafter referred to as “RKDart”, “website”, “We”, “Us” including its affiliates and agents) of the one part and You, who registers as a “User” (Hereinafter referred to as “User”, “You”, “Yours”) of the other part. “RKDart” is the trademark and brand name owned by Coral Art Gallery (Sole Proprietorship).


These Terms shall govern use of and access to the website http://www.RKDart.com (“Website”) and the “RKDart” technology platform (“Application”) accessible through desktops, mobile phones, smart phones and tablets which includes the computer software, associated media, collaterals, and online or electronic documentation (Website and Application hereinafter collectively referred to as the “Platform”). Coral Art Gallery (Sole Proprietorship) is the owner of the Website and/or Application that enables Users to browse or use the Services (defined below) offered on the Website and/or Application from time to time.


Please carefully go through these Terms and the privacy policy available at http://www.RKDart.com (“Terms and Conditions”) before you decide to access or use the Website and/or Application. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and the RKDart in connection with Your access and use of the Website and/or Application which is conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the “Terms of Use”), as well as any other written agreement between us and you.


By clicking “sign up” or the ‘I accept’ tab at the time of registration, or by entering into an agreement with RKDart or through the continued use or accessing the Website and/or Application, You accept the Terms of Use and consent your approval to the provisions of the Terms as laid down herein below. In addition, when using particular services or materials on the Website and/or Application, you shall also be subject to any posted rules applicable to use of such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such additional guidelines or rules are hereby incorporated by reference into these Terms of Use. If you do not agree and do not wish to be bound by the Terms of Use, you have no right to access or use the Website and/or Application.


We reserve the right to modify, discontinue or terminate the Website and/or Application or Services offered thereunder or to change these Terms of Use at any time. You acknowledge and agree that it is your responsibility to review the Website and/or Application and these Terms of Use from time to time and to familiarize yourself with any modifications. If we modify these Terms of Use, we will post the modification on the Website and/or Application. We will also update the “Last Updated Date” at the top of these Terms of Use. Your continued access to, or use of the Website and/or Application after we have posted a modification will constitute acknowledgement of the modified Terms of Use and agreement to abide by and be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you may cease using the Website and/or Application and the services.

 

1. USING THE SERVICES/SIGNING UP AS A USER

  • As a User will you will be able to browse, view and use some of the Services available on the Website and/or Application. Users can view all the products, customize them, add products to cart, provide billing, shipping address and pay for it. During check out, however, it is mandatory for Users to enter their email Id and mobile number for tracking purposes. As mentioned above it is not mandatory to sign up and create an account to use the Services, Website/Application but if you wish you could sign up and create an Account. It is, however, mentioned that you will not be able to use some Services such as gift e-cards, refer a friend and earn rewards if you have not signed up and created an Account.
  • You can create an Account by accessing the Website (or downloading the Application as and when available) and entering your details such as your full name, etc. or signing up/logging in using your social media account on third parties sites including but not limited to Facebook, Google, Instagram etc. with the Website and/or Application. When you create an Account by using your social media account on third party sites with the Website and/or Application certain information such as your name, contact details etc. available on your Facebook, Google, or Instagram Account are accessible to RKDart. When you access the Website and/or Application by creating an Account or logging in through third parties sites you are agreeing to the Terms of Use and Privacy Policy of RKDart.
  • To use the services without signing up or creating an Account and signing up you represent and warrant that:
    1. if you are an individual then you are of legal age and competent to contract as per Applicable laws in and outside India and have the authority to enter into this Agreement. RKDart reserves the right to terminate Your Account and / or refuse to provide You with access to the Services if it is discovered that You are under the age of 18 (eighteen) years or any information provided by You is inaccurate. It shall be Your sole responsibility to ensure that You meet the required qualification.
    2. if you are using the Services or signing up on behalf of an entity then such entity is a legal entity authorized to do business in India/abroad and you have an authority to enter into this Agreement which shall be binding on the legal entity;
    3. the information provided by you to use the Services, as and when required, or to create the Account (including, but not limited to a User name, e-mail address, mobile number, password that You will use to access the Website and/or Application or use the Services) is accurate, authentic and complete and that you will keep the information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate deletion/cancellation of the Account and inability to use the Website and/or Application; and
    4. all the information provided in connection with your billing information such as name, billing address and credit or debit card information is correct, verified and true.
  • You shall not
    1. create an Account for anyone other than yourself without such person’s prior written permission;
    2. use a User Name that is the name of another person or entity with the intent to impersonate that person or entity
    3. use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or
    4. use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
  • RKDart reserves the right to suspend or terminate your Account and/or your access to the Website and/or Application and Services if any information provided by you proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password or other personal/financial details. You agree that you will not disclose your password/financial details to any third party and that you will take sole responsibility for any activities or actions under your Account or on the Website and/or Application, whether or not you have authorized such activities or actions. You will immediately notify RKDart of any unauthorized use of your Account or any authorized use of your personal/financial details.
  • You shall create an Account on the Website and/or Application and shall ensure that all information so uploaded/entered is true and accurate. Any errors must be reported immediately or corrected. You are responsible for the correctness of your data and shall only upload information that does not infringe upon rights of third parties.
  • You represent that you shall not use the Website and/or Application in violation of any applicable laws or any other code of conduct.
  • RKDart does not charge any fees to users for browsing and/or registering on the Website and Application. RKDart may at its sole discretion introduce new services and modify some or all of the existing Services offered. In such an event, RKDart reserves the right to introduce tariff for registering on the Website and/or Application or introduce tariffs for existing or future services, as the case may be. Changes to the tariff policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website and upon your continued use of the Website and/or Application.

2. SERVICES OFFERED ON THE WEBSITE AND/OR APPLICATION

Services available on the Website/Application include some of the following:
  • Signing Up: As mentioned above, Users may use the Website/Application to register by creating an Account.
  • Browse Artwork: You will be able to browse and have access to thousands of art works like images of fine art, photographs etc. uploaded on the Website/Application.There are a larger number of categories and curated sections that can accessed through the manu or from the website/application home page. Categories of artwork such as floral, animals, landscape, abstract etc, and can be filtered by Artists, Sizes, Colours etc.
  • Print Artwork: You will be able to select any Artwork which you wish to purchase and have the same printed. Upon clicking the artwork you could choose the image size- the width or height, the print medium i.e. paper or canvas. If you select canvas you could also specify if you would like it to be stretched by clicking on the “stretched” option. You could also select the frame, mount and colour of the mount (optional) and then add to cart and buy the Artwork . We strive for a high degree of image accuracy. However, in some cases, the visual representation may be approximate. Occasionally, minor modifications occur between printing runs. There could be a difference in the shades of the printed images as compared to the shades of the images as they appear on the screens of a laptop, mobile phone or other electronic/digital devices.
  • Original Handmade Art: You will be able browse various categories of original art made by artists and choose to have it framed before buying.
  • Custom Photo Framing: You can simply upload your art/photo then select the image size, frame size, colour, mount and then add to cart or Wishlist . Please note that the artwork/photo you upload is saved on our servers. Your artwork/photo will be used only to print the order placed by you and will not be used for any other purpose without your written consent.
  • Purchasing the Artwork/Add to Cart: Once you have selected the Artwork that you wish to purchase click on Add to cart and it will take you to the shopping cart which will clearly show the Artwork that has been selected. The details such as size of the Artwork, the medium selected, details of the frame, mount, quantity of the Artwork being purchased, the unit price, discount, if any, and the total amount payable. It will also show you breakup of the total amount such as price of the Artwork, taxes applicable and shipping/delivery charges depending upon the shipping method selected. You will also have the option to enter the coupon or e-Gift code. Thereafter, you could proceed to checkout where you will be required to provide the complete billing and shipping address where the Artwork has to be delivered including the pincode, your contact details such as mobile number, email address etc. Then you would be required to enter the shipping method and lastly review the order and then make online payment via payment gateway. We do have cash on delivery option (COD) option currently.
  • Image print and size accuracy: We strive for a high degree of image accuracy and verify the dimensions of all images on our Website. However, in some cases, the color shades may be approximate due to differences in the visual rendering of images on different devices. There may be small variations (up to 2″ in larger sizes) in the finished products due to aspect ratio of an image, printer specifications etc.
  • Mark as Your Favorite: You could select the Artwork that you are interested in and mark it as your favorite for buying at a later date so that you do not have to browse and search for the Artwork again.
  • Gift Card: When available, you could purchase an e-gift card for someone and send it to them for an occasion. You will be able to use this feature only if you have signed up and created an Account. At the time of purchasing the e-gift card you will need to mention the correct details of the person to whom the e-gift card is being gifted. Please note that the e-gift card and the coupon code for using the e-gift card will be sent to the email address of the person who is being gifted the e-gift card. So kindly ensure that the email address being provided at the time of purchasing the e-gift card are correct. The person will be able to use the e-gift card only if they receive the coupon via email. We will not be responsible if the email address provided by you of the recipient of the e-gift card is incorrect. Further, please note that the e-gift card shall be valid only for a period of one year from the date on which the e-gift card is sent to the email address of the recipient to whom the e-gift card has been gifted.
  • Refer and be rewarded: When this scheme is in implemented, you will have the opportunity to refer a friend and be rewarded if you have signed up and created an Account on the Website and/or Application. How this works is – you refer a friend, your friend signs up and your friend will get 10% off on their first order and you get 10% off on your next order. You will be required to fill up a referral form.
  • Business Sales: If you have volume requirements for Artwork either directly for your business or supplying to a business then you can create a business account with us and get substantial discounts. In order to create a business account you will need to enter details of your Company/business entity such as name, address, GST no., phone number, email address, nature of business, purpose for ordering the Artwork in volume etc. Upon receiving these details you will receive a call from us and we will do our due diligence and once we approve your account you will be able to use the business account.

3. THE MANNER TO USE OF THE WEBSITE/APPLICATION

Your use of the Website and/or Application shall be subject to the following restrictions:
  • You will not delete or modify any content on the Website and/or Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
  • You will not decompile, reverse engineer, or disassemble the Website and/or Application, or remove any copyright, trademark registration, or other proprietary notices from the Website and/or Application. You further agree not to access or use Website and/or Application in any manner that may be harmful to the operation of the Website and/or Application or its content;
  • You will not use Website and/or Application and/or Services in any way that is unlawful, or harms RKDart or any other person or entity,
  • You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet and
  • You will not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which You do not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, 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.

4. GRANT OF RIGHTS

  • Website/Application: Website and/or Application is owned and operated by Coral Art Gallery (Sole Proprietorship). We own all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Website and/or Application, software therein, the present or future modifications / upgrads thereof and standard enhancements thereto.
  • RKDart Content: All Artwork uploaded by RKDart on the Website and/or Application i.e. RKDart Content is the property of RKDart or has been given to RKDart under license by the content owners/suppliers and is protected by international copyright laws. The purchase of any Artwork or other products does not provide the User with any copyright interest or other intellectual property right in the Artwork or product. All RKDart Content that is not our property is used with permission under license. The arrangement and compilation of the RKDart Content is our exclusive property and is protected by international copyright laws. All names, logos, product and service names, designs and slogans on the Website and/or Application are the trademarks of their respective owners.
  • Limited License to use the Website/Application and RKDart Content: We grant you a non-exclusive, personal, non-transferable, revocable and limited right to have access to and make personal use the Website and/or Application and Services offered therein only for the duration you are registered as a User. You are, however, not permitted to reproduce, duplicate, copy, sell or otherwise exploit the Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other RKDart Content” for any commercial purpose, except as expressly provided. You shall not copy, make derivative works, transmit, post, link, deep link, redistribute, sell, decompile, modify, reverse engineer, translate, or disassemble the software embodied in the Website and/or Application. These Terms do not and shall not transfer any ownership or proprietary interest in the Website and/or Application to You, except as may be otherwise expressly provided herein or as may be agreed to by and between the Parties.
  • User Content: User Content may be defined to mean any materials you upload, post, or otherwise transmit to this Website including but not limited to images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof.
  • Guidelines for User Content: Users who wish to upload any User Content must adhere to the following guidelines. RKDart reserves the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.

    1. Ownership of User Content: Users must honor the intellectual property rights of others. Users shall not upload, post or distribute any User Content in which the do not own copyright. In addition, Users shall not upload, post or distribute any User Content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name or trade dress of any other person or entity, (iii) infringes any third party’s rights of privacy or publicity or (iv) any third party intellectual property rights.
    2. Commercial activity: Users shall not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, “junk mail,” “spam,” “chain letters,” or “pyramid schemes” or other such solicitations.
  • License to use User Content: You as a User represent and warrant that (i) You are the owner of all rights, title and interests including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in the User Content that You post/create/upload on the Website and/or Application; (iii) You hereby grant the RKDart the permission for collating non-personal information and providing aggregate level reports as envisaged in the Privacy Policy; (iv) the User Content posted, uploaded, published or submitted by You on the Website/Application will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
 

5. REFUND AND RETURN POLICY

Returns:
RKDart guarantees customer satisfaction. In case customer is not happy with the quality, returns will be accepted when RKDart is informed of the intent to return within 5 days of delivery.
PLEASE NOTE: Returns apply only to art print items. Custom Photo frame items (where customer uploads his/her own picture and we print, frame as per order) and framed original artworks are not eligible for returns. Unframed original artworks can be returned.
Also, the Cash on Delivery (CoD) orders are not eligible for returns.
Process:

    • Within 5 days of delivery, customer should inform RKDart of intent to return.
    • An email can be sent with intent of return to [email protected]. Please quote order number in the email subject. It may take longer without quoting the order number.
    • Customer should retain the artwork in exact same condition as it was received.
    • RKDart will acknowledge the return request and customer will ship the artwork to our return shipping` address.
    • Please note that, the responsibility of proper packing and making sure that products reach RKDart in perfectly good, new condition lies with the customer.
    • Up on receipt of returned artwork by RKDart, it will be assessed for further damages. The artwork will not be eligible for refund in case of damages, breakage, scratches are found by RKDart. As the proof, RKDart can share with customer photos/video of opening the product packing.
    • RKDart will approve the refund when the artwork is found to be in exact same condition as it was delivered to customer.
    • Along with the approval RKDart will process the refund in the same online payment mode that was used while making the payment for the order OR RKDart will ask customer for bank details for making the refund money transfer (in case of COD). Please note RKDart can’t make refund in any other mode.
    • The process may take from 2-3 weeks for completion.
    • WE CAN TAKE THE RETURN REQUEST ONLY ONCE PER ORDER.

Replacement:
In an unlikely event of damages during delivery, artwork having quailty issue or wrong artwork delivered, it is eligible for free replacement.
Process:

    • Customer should inform RKDart of damaged delivery, quality issue or wrong artwork delivered within 48 hours from the time of delivery.
    • Customer to send photos as proof showing the issue with artwork.
    • An email can be sent with details and photos to [email protected]. It will take longer without quoting the order number in the email.
    • RKDart shall not be liable to replace the artwork or refund the money if RKDart is informed after completion of 48 hours from time of delivery.
    • RKDart will arrange to pick up the artwork from customer delivery address.
    • In case RKDart can’t arrange courier pick up from the shipping address, RKDart will inform the customer and customer will have to ship the artwork to our registered address
    • Customer to retain the artwork in exact same condition as it was received, along with the original packaging
    • Please note that, irrespective of whether RKDart arranges for pick up or customer ships it, the responsibility of proper packing and making sure that products reach RKDart in perfect good, new condition lies with the customer
    • Up on receipt of returned artwork by RKDart, it will be assessed for further damages. The artwork will not be eligible for replacement in case of further damages are found by RKDart. As the proof, RKDart can share with customer photos/video of the products.
    • RKDart will approve the replacement when the artwork is found to be in exact same condition as it was delivered to customer.
    • RKDart will ship the replacement artwork in 5 days of approval for replacement.
    • In case customer seeks refund instead of replacement, RKDart will ask for bank details for making the refund or process refund in the same payment mode that was used while making the payment for the order. Please note RKDart can’t make refund in any other mode at the moment.
    • The process may take from 2-3 weeks for completion.
    • WE CAN TAKE THE REPLACEMENT REQUEST ONLY ONCE PER ORDER.

Please visit “Contact Us” link in the footer section of www.RKDart.com website to know the ways to get in touch with RKDart.

6. ORDER CANCELLATION

Please note that order cannot be cancelled once it is placed. This is due to the fact that we offer customized printing and framing and our production process starts as soon as an order is placed. As described in clause #5 above, we do offer refund or replacement in case of product is found to be damaged or not as per order specifications (subject to clause specified in #2 – vi) at the time of delivery and we are informed before completion of 48 hours from the time of delivery.

7. DISCLAIMER AND EXCLUSION OF WARRANTIES

  • If you choose to use the Website, Application, Services, you do so at your sole risk. The Website, Application, and the Services connected therewith and the information contained therein are provided on an “as is” and “as available” basis without any warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You expressly understand and agree that your use of the Website, Application and the Services and products is at your sole risk. You are solely responsible for any and all acts or omissions taken or made in reliance on the Website and/or Application or the Services offered therein or the information on the Website and/or Application, including inaccurate or incomplete information. It is expressly agreed that in no event shall RKDart be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system.
  • The Website/Application is designed primarily to be used on desktops, laptops and tablets. Though it will work on smaller devices such as smart mobile phones, it may not give you exact same experience usage as on desktops and laptops.
  • While it is our objective to make the Website and/or Application accessible at all times, the Website/Application or Services may be unavailable from time to time for any reason including, without limitation, routine maintenance, upgrade or any other reason. In addition, various portions of the webserver, and the hosting platform may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside our control, access to Website/Application or Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, RKDart shall not be liable in any way for any loss of business or any damages arising from any such interruption, suspension or termination of Website/Application or Services.
  • RKDart makes no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any information or content obtained through the Website, Application or Services.
  • We are not responsible for any malfunction technical or otherwise of any network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on our Website and/or Application, including injury or damage to your or to any other person’s computer, hardware, software or mobile phone as a result from using or downloading materials in connection with Website and/or Application.
  • We expressly disclaim any liability for the consequences to you arising because of your use of the Application/Website or Services offered therein. We expressly disclaim any liability for any incorrect information provided to you on the Website/Application and for the quality of products or Services you receive from the Website/Application.

8. LIMITATION OF LIABILITY

You expressly understand and agree that we shall not be liable for any indirect, incidental or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from any use of the Website, Application and/or the Services and products (regardless of whether we should have known of the possibility of such damages). Regardless of the form of action (including negligence), in no event shall our aggregate liability arising out of or relating to the use of the Website, Application and/or the Services and products exceed the aggregate amount paid by you to use or access the Website, Application and/or the Services and products. Certain laws do not allow limitations as contained in the clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the RKDart, affiliates, staff, employees, directors, and agents, from and against any and all damage, liability, claims, demand, actions, suits, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, arising out of or occurring in connection with: (a) your access to or use of the Website, Application, Services, or your violation of these Terms including the privacy policy; (b) any breach by you of any representations or warranties contained in the Terms; (c) any violation or infringement of third party right, any copyright, proprietary, intellectual property, or privacy right due to the User Information uploaded by you on the Website and/or application; (d) or any claim that your submitted content caused damage to a third party or infringed any third party intellectual property. This indemnification obligation will survive these terms of use.

10. THIRD PARTY LINKS

The Website, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that RKDart is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by RKDart of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

11. TERMINATION / MODIFICATION / SUSPENSION

  • RKDart may at any time, terminate its legal agreement with you if you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms).
  • If you wish to cease use of the Website and/or Application you may delete your Account from the Website and delete the Application.
  • We may update or change Website and/or Application or the Services offered therein from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of the Talntt Platform after the Terms have been updated or changed constitutes your acceptance of the revised Terms.
  • Notwithstanding anything to the contrary in these Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend your use of Website, Application or Services offered therein without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law; or (c) if performance of any term of these Terms by either Party would cause it to be in violation of law.
  • Upon termination of your Account by RKDart or deletion of the Account by you, your right to use Website, Application or Services offered therein shall automatically terminate. You acknowledge and agree that your right to use Website, Application or Services offered therein is conditional upon your adherence to the Terms, the continuous activation of your Account, and payment of fees, if applicable. In the event of Termination or deletion of the Account, will not have access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in RKDart system. Upon Termination or deletion, the following shall occur: all licenses granted to you hereunder will immediately terminate. You further acknowledge and agree that RKDart shall not be liable to you or any third party for any termination of your access to Website, Application or Services offered therein. Upon Termination, RKDart retains the right to use any User Content collected from your use of Website, Application or Services offered therein for internal analysis and archival purposes, and all related licenses you have granted RKDart hereunder shall remain in effect for the foregoing purpose. You agree to indemnify and hold RKDart, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Terms or use of the User Content posted by you on the Website or Application.

12. GOVERNING LAW AND JUSRISDICTION

The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Bangalore, subject to clause 12 below, shall have jurisdiction.

13. ARBITRATION

  • Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of Website, Application or Services offered therein or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be Bangalore, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
  • The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

14. TRADEMARK/COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE

RKDart has high regard for intellectual property and expects the same level of standard to be employed by the Users. RKDart may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to Website, Application or Services offered therein to Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied, uploaded and posted on Website or Application in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [email protected]

    • identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
    • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RKDart to locate the material;
    • a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
    • information reasonably sufficient to permit RKDart to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
    • an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
    • statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

Only the intellectual property rights owner is permitted to report potentially infringing items through RKDart’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

15. GRIEVANCE OFFICER

In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows:

16. MISCELLANEOUS PROVISION

  • Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
  • Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid nationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth above.
  • Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  • Force Majeure: RKDart shall not be liable for any downtime or delay or unavailability of the Website and/or Application or Services caused by circumstances beyond RKDart’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
  • Assignment: You may not assign or sub-license, without the prior written consent of RKDart, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
  • Conflict: In the event there is any conflict between the terms set out in these Terms, the Privacy Policy, and any other policies applicable to specific pages of the Website, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms, and (iii) any other policies applicable to specific pages of the Website.
  • The Terms contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Terms of Use other than those contained or referenced in the Terms of Use.
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