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    Terms and Conditions, Privacy Policy, Security

    Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").

    By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

    In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Eshan arts, its franchisor, affiliates and partners.

     

    Introduction:

    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 (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

     

    This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of www.Eshanarts.com and sets out the terms and conditions governing it and the disclaimer ("Terms & Conditions").

     

    www.Eshanarts.com ("Website") is owned and operated by Eshan Arts, a company incorporated under the Companies Act, 1956 vide GSTIN - 27BJTPK5387H1ZG, having its registered office at , Shop no. 4,Sai Basharam apt,near ESIS Hospital,Dist Thane - 421002 , hereinafter referred to as "Company" [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns].

     

    All kinds of correspondence should be addressed to the support office address as given above.

     

    Use of this Website is regulated by Terms & Conditions provided herein. Your visit, dealing, transacting and/or otherwise using this Website shall be treated as you run conditional acceptance of these Terms & Conditions in entirety. There is an option given during the course of every transaction to enable the User to express his/ her acceptance or rejection of these Terms & Conditions. Please exercise the said option during the course of any transaction after going through these Terms & Conditions, as your acceptance by clicking on "I Agree" shall be deemed that you have accepted these Terms & Conditions fully and you have gone through and understood these Terms & Conditions completely and these Terms & Conditions shall be treated as legally binding and enforceable agreement between the Company and you. If you do not agree with any of these Terms & Conditions or all of these Terms & Conditions, then you should stop dealing with and/or initiate and do any transaction on this Website.

     

    The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User's use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, partners and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.

     

    The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict User's access to parts and/or all of the services without notice and/or liability to the Users

     

    In this Agreement (as defined hereinafter), 'Company' and 'User' have been collectively referred to as "Parties" and individually as "Party".

     

    Terms and Conditions, Privacy Policy, Security

    By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

    In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Eshanarts.com, its franchisor, affiliates and partners.

     

    Introduction:

    1. www.Eshanarts.com website ("Website") is an Internet based content and e-commerce portal operated by Eshan Arts, a company incorporated under the laws of India.
    2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Eshanarts.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

    User Account, Password, and Security:

    You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Eshanarts.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Eshanarts.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

     

    Services Offered:

    Eshanarts.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as business cards, notebooks,stamps etc. (collectively, "Products"). Upon placing an order, Eshanarts.com shall ship the product to you and be entitled to its payment for the Services.

     

    Privacy Policy:

    The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Eshanarts.com the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

     

    Limited User:

    The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Eshan arts's name is stated as the source and prior written permission of Eshanarts.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

     

    User Conduct and Rules:

    You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
    2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
    3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
    4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
    5. Conduct or forward surveys,  pyramid schemes or chain letters;
    6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
    7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    9. Violate any applicable laws or regulations for the time being in force in or outside India; and
    10. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

    User Warranty and Representation:

    The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Eshanarts.com. User data and information provided may be shared by Axel Retail Private Limited with its partners.

    Exactness Not Guaranteed:

    Eshanarts.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Before any alterations to certain aspects of your order such as spellings, grammar etc , that a representative from Eshanarts.com will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 7 days of it being sent to you.

     

     

    Intellectual Property Rights:

    1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Eshanarts.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Eshanarts.com without obtaining authorization from Eshanarts.com.
    2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

    Links To Third Party Sites:

    The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Eshanarts.com or the Website and Eshanarts.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Eshanarts.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Eshanarts.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eshanarts.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

     

    Indemnification:

    You agree to indemnify, defend and hold harmless Eshanarts.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Eshanarts.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

    .

    Shipping:

    Title and risk of loss for all products ordered by you shall pass on to you upon Eshanarts.com's shipment to the shipping carrier.

     

    Termination:

    1. Eshanarts.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
    2. If you or EshanArts.com terminates your use of the Website or any Service, Eshanarts.com may delete any content or other materials relating to your use of the Service and Eshanarts.com will have no liability to you or any third party for doing so.
    3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

    Governing Law:

    These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.

     

    Headings:

    The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

     

    Interpretation Of Number And Genders:

    The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

     

    Severability:

    If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

     

    Report Abuse:

    As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Eshanarts.com does not review the contents in any way before they appear on the Website. Eshanarts.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email protected]

     

    Terms For Offers/Campaigns

     

    General Terms for Offers

    1. Discounts will be applied to the total merchandise value including VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
    2. Only one credit note/gift coupon/coupon can be used per order unless otheriwise stated.
    3. Discount coupons - Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, a combination of the two and in case of COD, a cheque).
    4. Promotional discount coupons - We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made though this Website.
    5. Eshanarts.com shall introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site.
    6. Eshanarts.com reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. Eshanarts.com, at its discretion, can withdraw a particular scheme from the website or market.
    7. In case of any query pertaining to use of coupon and/or credit note or regarding the schemes, please email customer care at [email protected]
    8. While participating in any Eshanarts.com contest you hereby agree to release and hold Eshanarts.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said Contest.

     

    Credit Check and Fraud Prevention

    We use standard and authorized payment services and our Credit Check and Fraud Prevention policies are aligned to these companies. All disputes would be handled by Gurgaon courts.

    Other uses of your personal information

    We may use your personal information for opinion and market research. Your details are anonymous and will only be used for statistical purposes in Eshanarts.com. You can choose to opt out of this at any time. Any answers to surveys or opinion polls Eshanarts.com may ask you to complete will not be forwarded on to third parties. Disclosing your email address is only necessary if you would like to take part in competitions. We save the answers to our surveys separately from your email address.

    We may also send you other information about us, the Site, our other websites, our products, our newsletters, 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. 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.

    We may further anonymize data about users of the Site generally and use it for various purposes, including ascertaining the general location of the users and usage of certain aspects of the Site or a link contained in an email to those registered to receive them, and supplying that anonymized data to third parties such as publishers. However, that anonymized data will not be capable of identifying you personally.

    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.

    The Site uses technology from Google Analytics and Webtrekk GmbH (www.webtrekk.de) through which data is collected and stored for marketing and optimization purposes and data use profiles are prepared under a pseudonym. Cookies may be used for this. The cookies enable recognition of the Internet browser. The data collected with these technologies is not used, without separate authorization by the person concerned, to personally identify the visitors to this website and is not collated with personal data on the pseudonym holder. The permission for data recording and storage may at any time be cancelled with on-going effect.

    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 does not bear responsibility for updating Users on the same.