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 Act, 2000. 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 terms of use for access or usage of domain name https://you.art (“Website”), including the related mobile site and mobile / desktop application (hereinafter referred to as “Platform”).
The Platform is owned by Saga Art Private Limited, a company incorporated under the Companies Act, 1956/2013 with CIN – U52311MH2021PTC370673, having its registered office at D-5102, Floor 51, Lodha Primero, NM Joshi Marg, Apollo Mills Compound, Mahalaxmi Mumbai - 400011 (hereinafter referred to as “Company”).
Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with the Company and these terms and conditions including the policies constitute Your binding obligations, with the Company.
For the purpose of these Terms of Use, wherever the context so requires "You" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Company allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean the Company.
When You use any of the services provided by Us through the Platform, including but not limited to, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
Accessing, browsing or otherwise using the Platform indicates your agreement to all the terms and conditions under these Terms of Use, so please read the terms of use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Our Policies (including but not limited to Privacy Policy and Cookie Policy forming part of the Privacy Policy) as amended from time to time.

Membership Eligibility

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 (eighteen) years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. We reserve the right to terminate Your membership and / or refuse to provide You with access to the Platform if it is brought to Our notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Account and Registration Obligations

If You use the Platform, You shall be responsible for maintaining the confidentiality of your display name and password and You shall be responsible for all activities that occur under your display name and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
You agree that the Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles (if so permitted by the Platform) under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Communications

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction

The Platform is a platform that You utilize to meet and interact with one another for their transactions. Company is not and cannot be a party to or control in any manner any transaction between the Platform’s users.
All commercial/contractual terms are offered by and agreed to between Us and You alone . The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services and the same shall be decided solely by Us.
The Company does not make any representation or warranty as to specifics such as quality, value, salability, etc of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
The Company does not at any point of time during any transaction between the You and vendor on the Platform come into or take possession of any of the products or services offered by the vendor nor does it at any point gain title to or have any rights or claims over the products or services offered by the vendor to You.

Fee Policy for You

The Company may charge any fee for browsing and buying on the Platform. Company reserves the right to change its policy in relation to the fees to be charged to You from time to time. The Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform and therefore, in such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. The changes to the policy in relation to the fees shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in the applicable currency indicated to you from time to time. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company.

Use of Platform

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You does 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, Company's prior written consent means a communication coming from the Company, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
interferes with another user's use and enjoyment of the Platform or any other individual's user and enjoyment of similar services;
refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
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;
is false, inaccurate or misleading;
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
creates liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, is a third party user generated content and the Company has no control over such third party user generated content as the Company is merely an intermediary for the purposes of this Terms of Use.
No part of the Platform may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Company's express prior written consent.
You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our privacy policy and other policies available on the Platform as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Disclaimer of Warranties and Liability

This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the Platform are provided on "as is" and "as available" basis without any r epresentation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
This Platform will be constantly available, or available at all; or
The information on this Platform is complete, true, accurate or non-misleading.
The Company will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Company does not warrant that the Platform; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the products sold on Platform are governed by different state laws.
You will be required to enter a valid phone number / email id while obtaining the service of the Platform. By registering Your phone number / email id with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in relation to the updates of the services provided by the Platform.

Payment Service

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Lack of authorization for any transaction/s; or
Exceeding the preset limit mutually agreed by you and between "Bank/s", or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, We /the vendor may request you to provide supporting documents (including but not limited to government identity proof and address proof) to establish the ownership of the payment instrument used by you for your purchase and the same is done in the interest of providing a safe online shopping environment to our users.
Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between You and vendor and payment facility is merely used by You and vendor to facilitate the completion of the transaction. Use of the payment facility shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Company’s Platform.
You have specifically authorized the Company or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through cash on delivery to and from other users in respect of transactions through the payment facility available on the Platform. Your relationship with Company is on a principal to principal basis and by accepting these Terms of Use you agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Platform that are paid for by using the payment facility. The Company does not guarantee the identity of any user nor does it ensure that You or a vendor will complete a transaction.
You understand, accept and agree that the payment facility available on the Platform is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing the payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Payment Facility for You:
You, as a buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the vendor to purchase the products and /or services from the vendor using the payment facility, and You shall pay the transaction price through Your issuing bank using the payment facility.
You, as a buyer, shall electronically notify using the appropriate Platform features immediately upon delivery or non-delivery within the time period. Non notification by You of delivery or non-delivery within a period of [7 (seven) days] shall be construed as a deemed delivery in respect of that transaction.
The Company reserves the right to impose limits on the number of transactions which the Company may receive from on an individual valid credit/debit card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
The Company reserves the right to refuse to process the transactions initiated by You, in case of a prior history of questionable charges including without limitation breach of any agreements by You with the Company or breach/violation of any law or any charges imposed by issuing bank or breach of any policies of the Company available on the Platform.
You and vendor acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction Price which is beyond control of the Company.
Compliance with Applicable Laws:
As required under the applicable law, if You make a purchase of an amount equal to or above the amount specified under the Income Tax Act, 1961, You will be required to upload a scanned copy of its PAN card on the Platform, within 4 (four) days of making the purchase, failing which, the purchase made by You will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by You, it need not be submitted again. Your order shall stand cancelled if there is a discrepancy between the details of provided by You on the Platform and the details on the PAN Card.
You and the vendor shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and the Platform.
Your arrangement with Issuing Bank:
All valid credit / debit card/ and other payment instruments are processed using appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and your respective issuing bank.
All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between You and your respective issuing bank.

Limitation of Liability

By using the Platform and the services provided by the Company, you agree that the liability of the Company, its affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors, shall be limited to the maximum extent permissible by applicable law. In no case shall the Company, Platform, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Platform and the services or any Content or for any other claim related in any way to your access to the Platform and/or use of the services, including, but not limited to, any errors or omissions in any Content or information on the Platform, or any loss or damage of any kind incurred as a result of the use of the Platform and/or services or information on the Platform.
In no event shall the Company be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if the user has been informed in advance of the possibility of such damages.

Indemnification

You shall defend, indemnify (“Indemnifying Party”) and hold harmless the Company, its affiliates, subsidiaries, group companies, partners (as applicable), and their respective officers, directors, agents, and employees ("Indemnified Parties"), from and against any claim, demand, damages, obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of Indemnifying Party or its affiliate's or relative's: (a) breach of these Terms of Use, the Privacy Policy and/or any other policies; or (b) violation of any applicable law, rules, regulations; or (c) violation of the rights (including infringement of intellectual property rights) of a third party and/or the Company/ Platform ; or (d) unauthorized, improper, illegal or wrongful use of your Account (including by the Indemnifying Party or by any person, including a third party, whether or not authorized or permitted by You). This indemnification obligation will survive the expiry or termination of these Terms of Use and/or Your use of the Platform

Force Majeure

You agree that the Company and/or Platform shall be under no liability whatsoever to you in the event of non-availability of the Platform and/or any of the services or any portion thereof, occasioned by a force majeure event including but not limited to an act of God, war, disease, pandemic, lockdown, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure, governmental orders or any other cause whatsoever beyond the control of Company or the vendor, as the case may be.

Governing Laws

These Terms of Use shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Platform and/ or services or in relation to these Terms of Use. Notwithstanding the foregoing, you agree that (i) Company has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Mumbai, India.

Severability

If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.

Amendments

We may revise these terms of this Terms of Use from time to time, without prior notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on your use of the Platform. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Platform and will be effective immediately after such posting and we recommend that you periodically check the Terms of Use available on the Platform for such revised terms. Your continued use of the Platform will be deemed to constitute your acceptance of any and all such revised terms.

Entire Agreement

These Terms of Use, the privacy policy and any other terms or policies as may be prescribed by the Company from time to time, constitute the entire agreement between You and the Company, which will govern Your use of or access to the Platform, superseding any prior agreements between You and Company regarding such use or access.

Survival

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the efflux of time and the termination of these Terms of Use.

Intellectual Property Rights

The Platform is controlled and operated by the Company and products are sold by respective vendors. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. The material/ data on the Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Contact Us

Please contact us for any questions, queries in relation to the product or comments (including all inquiries unrelated to copyright infringement) regarding this Platform through the link: [●].

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Name: Sudha Gattu

Address: D-5102, Floor 51, Lodha Primero, NM Joshi Marg, Apollo Mills Compound, Mahalaxmi Mumbai - 400011

Email: sudha@you.art