Artlancer

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Terms of Service

Please read this Terms of service carefully before using this website
Last Modified: 11 April 2023
 

1. Welcome to Artlancer

Please read carefully the artlancer.in terms of use before purchasing any products or services offered through artlancer, accessible through http://artlancer.in (“the Website”) and artlancer mobile app (“the App”), either of which is referred to as “the Platform” from here on.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published under the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the artlancer website/app.

2. Eligibility

Use of the Website and App is available only to persons who can form legally binding contracts under the Indian Contract Act, of 1872.

If you are a minor; under the age of 18 years, you may access our service only with the consent and help of your parent or legal guardian. Fluxfed Technologies Private Limited is not liable for any loss or damage that occurred to a minor or any person if they defy the provisions of the Indian Contract Act 1872.

3. Definitions

  1. Customers/Buyers are individuals/organizations who purchase services on Artlancer.
  2. Creators/Sellers/Artists are individuals/organizations who offer and perform services through Artlancer.
  3. Services are customizable art services offered on artlancer by creators.
  4. Products are premade and non-customizable items by creators.
  5. Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller.

4. Access to website

The website artlancer.in and artlancer mobile app is owned and operated by Fluxfed Technologies Private Limited, a Company incorporated under the Companies Act 2013, having registered office at 143A, Perumugham Road, Ramanattukara, Kozhikode – 673631, Doing business and providing services under the brand name artlancer. We are a direct-to-customer (D2C) aggregator, facilitator, and intermediary specifically dealing with (customized) art, craft, services/products, and are not a party to any transactions on this platform.

You agree and understand that artlancer is only an online platform to discover and purchase various services listed on the platforms, website, or app at the price indicated. Accessing, browsing, or otherwise using the platform through http://artlancer.in and or the artlancer app will be constructed as your acceptance and acknowledgment of these terms and conditions detailed herein, By using the platform, you declare that you have carefully read, understood, and agree to this terms and conditions. Fluxfed Technologies Pvt. Ltd. reserves the right to change any of the terms detailed herein at any point in time, such changes in the terms of service will be notified to you by registered email address from time to time. It is your responsibility to periodically review terms, and policies for any updates/changes and use your discretion to continue the use of the platform. Your continued use of the platform will be considered as your acceptance of any such changes/updates.

5. Creating an account/Signing up

All services through the platform are open to any individuals/organizations with an “account”. An account can be opened through the platform signing up. While signing up, you have to make sure that all information provided by you is correct and accurate. And you should apply relevant changes from time to time to keep the accuracy of account information. All activities that occur in your account are your sole responsibility along with safeguarding your account credentials such as passwords and account details. We will not be liable for any loss or damage that may occur to you due to any incorrect or incomplete information provided by you.

By signing up you agree, approve and consent that you have full authority to enter into any agreement with sellers including third parties.

6. Platform use

You are restricted from using the platform for publishing, transmitting, and/or converting any content or information that violates the provisions of the Information Technology Act 2000, Information Technology Intermediary Regulations Rules 2011 including the following:

  1. Any material that you do possess the legal right
  2. Any material that may be classified as harmful, threatening, sacrilegious, obscene, defamatory, pornographic, hateful, racially or ethnically objectionable.
  3. Any material that relates to or encourages the use of drugs, money laundering, or any other illegal activities.
  4. Any material that infringes any patent, trademark, copyright, or any other proprietary rights
  5. Any material that deceives or misleads other users of the platform, through messages or communication, any information which is menacing.
  6. Any material that Impersonates another person.
  7. Any material that contains software viruses or any other computer code, files, or programs designed to interrupt or destroy or limit the functionality of any computer resource.
  8. Any material that violates any law for the time being in force
  9. Threatens the unity, integrity, defence and sovereignty of India, foreign states, or public order, causes incitement to the commission of any cognizable offense or is insulting any other nation.
  10. Harm minors anyway.

7. Products or Services

All products sold through the platform are subject to our return, refund, and damage policies all orders placed through the platform for items sold by the sellers are subject to our cancellation policy.

Products or services offered through the platform are directly by the sellers. We can’t guarantee the quality of any product, service, information, or other material purchased by the customer through the platform. We reserve the right to moderate the content and examine and remove any material, or information according to our discretion without assigning any reason whatsoever.

8. Customer Terms

The terms that govern the access to and use of the artlancer platform for any individual or entity who transacts through the platform to purchase/ avail of products/services are as follows:

The customer understands and agrees that orders placed through the platform are mutual agreements by and between the customer and seller. The platform only acts as a bridge connecting both parties. And the platform or owner of the platform cannot be a party in any transactions by and between the parties. To facilitate the transactions, the platform puts forward a set of rules in the best interest of both parties, binding one another known as terms.

The customer understands that products sold through the platform are works of art and handmade. Therefore, the quality of the work depends on the individual artist/creator and the platform cannot guarantee the quality of any works purchased by the customer and will not be liable for any such matters incident thereto. The customer is expected to apply their mind in reviewing the item from the creator before placing any orders. The platform will not be liable for any damage or loss resulting from customer decisions.

The customer agrees to the following order process:

Whenever an order is placed the customer gets a 12-hour window to contact the seller, enquire about specific services/requirements, and confirm the order. The customer understands that an order is confirmed after this 12-hour window and the work will only begin after 12 hours from order placement only if the customer confirms the order through chat/call. The platform provides chat and one-to-one call options to the customer and seller for order-related communication and the customer should refrain from any other methods other than that provided in the platform, the platform will not be liable for any damages or losses occurring from such communications. The platform will not be liable for any bad behaviour from the side of the creator/seller during the communication.

The customer may cancel their order within the first 12 hours of order placement subject to the platform cancellation policy, further the customer understands that the scope of cancellation is limited to the boundaries set by the cancellation policy.

The customer understands that packages sent through courier partners may get damaged, missing, or lost, such cases are covered in our return and refund policy.

The customer further understands and agrees that the platform uses third-party providers for processing payments, and the courier/package handling. The quality of service of such third-party providers is beyond the control of the platform. And the platform will not be liable for any damage or loss resulting from the quality of service from such third parties.

Revisions

The customer may request for Revisions on digital artwork upto 3 during order processing. Customer should properly communicate on revisions (changes, if any) through chat or call with the seller.

In case of categories other than digital, Customer should properly communicate on their requirements with the seller before the order has been confirmed.

In any case, if the customer fails to communicate their requirement properly with the seller, the platform will not be responsible for any disputes arising after the fulfilment of the order.

Quality of work

We make every possible effort to ensure the quality of service rendered through our platform. Though we cannot guarantee, the quality of any works purchased by the customer and will not be liable for any such matters incident thereto.

Payment terms

The customer pays the full amount for an order as advance to the platform, which can be cancelled within 12 hour window. The seller contacts the customer within this time for confirmation on the order through chat/call. If customer is satisfied with seller’s service offerings, they can confirm the order through chat/call. After the order is confirmed, there will be no cancellation possible from customer side.

9. Seller terms

The terms that govern the access to and use of the Artlancer platform for any individual or entity who transacts through the platform to sell/provide products/services are as follows:

By submitting the KYC, the seller agrees with the platform; to be part of the platform, offer products/services to the users, and agree to several other terms contained herein.

The seller understands and agrees that the platform acts as a bridge between the customer and the seller, and cannot be a party in any of the transactions through the platform. The set of rules that govern the seller’s actions is detailed hereunder for the smooth operation of the platform.

The seller understands and agrees that the purchasable items either products or services, added by the seller through the seller portal, products/services that the seller has an obligation under these terms to complete and fulfill according to the requirements of the customer within the agreed timeframe when an order is placed by a customer. The time required to complete work can be added through the seller portal as “Completion Time” when adding the variant of an item. The seller must provide a time that they think is fit for fulfilling the order at the best quality possible.

Further the seller understands that all items added through the seller portal are available to the public to review and purchase. When a customer pays for an item, the order gets confirmed and the seller is at an obligation to fulfill the customer’s requirement. For any orders which are paid for by the customer, the seller cannot cancel.

When an order is placed by the customer, the seller must review the customer’s requirements and respond to any customer queries within 12 hours of order placement, unattended orders will be canceled automatically. If for any reason the seller is not available to accept customer orders, the seller must update the availability status as “Unavailable” in the seller portal. Under all other circumstances, the seller will be deemed available to accept new works, and any orders received are to be completed within the due timeframe.

For any orders, the customers may or may not confirm the order by payment. The platform cannot guarantee the confirmation of any orders as the customers are at liberty in choosing to pay or not.

The seller can cancel orders at any time, in such case a full refund is given back to the customer.

The seller should properly communicate with customer regarding requirements and whether changes can be made post work completion.

During the communication with customer, If seller feels that any requirement can’t be fulfilled, the order should be cancelled immediately. In this case a full refund will be given to the customer.

The seller should only start the work after the initial 12-hour window if the order is fully paid and confirmed, and the customer pays the full amount to the platform in advance.

Onboarding

Our platform onboards artists with minimum standards. To get onboarded, the artist should have

Public profile displaying previous commissioned artwork and must actively fulfilling orders through some other means.

10. Communication

When using our platform or communicating with us, you consent, and agree to do it through electronic records or media, you also approve and agree to use the details provided by you to receive communication from us via email or other modes of communication.When using our platform or communicating with us, you consent, and agree to do it through electronic records or media, you also approve and agree to use the details provided by you to receive communication from us via email or other modes of communication.

11. Customer and seller communication

Our platform has an integrated chat option to communicate between seller and customer. If any conflicts occur in customer-seller communication, the platform will not be liable for any such conflicts.

12. Use of third-party services

Our Service may include content, products, and services from third parties, and may also include links to third-party websites. These third parties are not affiliated with us, and we are not responsible for the content or accuracy of their materials. We cannot be held liable for any harm or damages resulting from the purchase or use of goods, services, or other resources from these third parties. Please contact them directly if you have any complaints, concerns, or questions about a third party’s products or practices. It is important to carefully review and understand the policies and practices of any third party before engaging in any transactions with them.

13. Right to Change

We reserve the right to make changes to these terms at any time without notice. By continuing to use the website after any changes are made, you are agreeing to the modified terms. It is your responsibility to check for any updates to these terms and to review them.

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