PROGRAM PARTICIPANT'S TERMS AND CONDITIONS
Indian Fine Arts and Crafts Gallery
TERMS AND CONDITIONS GOVERN THE PROGRAM’S PARTICIPANT
- PROGRAM PARTICIPANT
“Program Participant” means an entity, individual ( Artist), gallery or an organization interested in the effectuation of sale of the Work(s) of Art by Indian Finearts and Crafts Gallery through the Channels and the definition includes but is not restricted to the following:
(i) An individual who uploads his own Work(s) of Art that is a result of his creation, innovation and talent, whether the individual is an art professional or not.
(ii) Any student enrolled in a University, College, Institution or School imparting training, education and knowledge in Art and related fields or any other field or discipline.
(iii) Any individual, organization or entity who being in the lawful possession of Work(s) of Art desires to sell the same through the Channels of Indian Finearts and Crafts Gallery, provided that the said individual, organization and entity has the legal capacity and authority to sell the Work(s) of Art.
(iv) Any other individual(s)/group/institutions/organization who is authorized and competent to exhibit/ sell/resell art in a saleable manner on Indian Finearts and Crafts Gallery.
- WORK(S) OF ART
“Work(s) of Art” means the Work(s) of Art (including any installment of the Work(s) of Art or any parts for them) which Program Participant is to supply in accordance with these Conditions.
- PARTICIPATION REQUIREMENTS:
3.1 Individual registration: Use of the Website 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 minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. Indian Finearts and Crafts Gallery reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Indian Finearts and Crafts Gallery’s notice or if it is discovered that you are under the age of 18 years.
3.2 Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
3.3 Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you.
- REGISTRATION, LISTING AND SELLING
You must be a Registered User with Indian Finearts and Crafts Gallery in order to list, sell your Art for which we charge Rs.500/- ( Rupees five Hundred Only ) as annual subscription fee.
In order to participate in the Services, you must register with Indian Finearts and Crafts Gallery by filling out our registration form and providing certain information to us. You agree that the information on your registration form is complete and accurate, and that you will update it in order to keep it current. Indian Finearts and Crafts Gallery reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the Services. Further, the rights granted to you as a Registered User may not be transferred or sold to another party.
Indian Finearts and Crafts Gallery believes artists when they upload their works that they have agreed to the terms to sell and for prints. All Images (referred as “Artworks”) provided by the artist confirms and establishes the fact that they are the owners and original creators of the artwork(s) as provided to Indian Finearts and Crafts Gallery. Indian Finearts and Crafts Gallery does not hold any liability in case of any discrepancy that is/has been found as a result of misuse of image or copyright produced by the original owner. Indian Finearts and Crafts Gallery is a mere facilitator to the artist.
Indian Finearts and Crafts Gallery believes that all their users are fair and will provide relevant and accurate information regarding their personal information as well as any other information related to artwork. In case of any discrepancies in the details provided by them regarding artwork, personal, educational or professional background, Indian Finearts and Crafts Gallery will not be liable, you are requested to verify before purchase or delivery.
Indian Finearts and Crafts Gallery also holds right to use the artwork as it deems fit and proper in any form for either marketing and/or sales in any documents/materials/third party website/platform.
A registered artist can send us as many artworks at starting from 4 to 6 jpeg images. We always recommend our artists to upload maximum Paintings, a higher number of paintings in your profile means higher chances of selling. To become a verified artist, you need to upload a minimum of 4/6 Artworks along with a brief description.
In which format or size do I upload my Artwork?
Preferred format is JPEG or PNG with a size of less than 2MB. Ideally, an image clicked by a good quality Mobile fulfils both the criteria.
Ensure that you click good quality images as images of poor quality might affect the purchasing decision of the buyer.
Kindly upload only original paintings that are exclusively yours. By accepting the terms & conditions while uploading the images, you are bound to maintain the originality of paintings to the buyer.
- LOGIN ID, PASSWORD AND SECURITY
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.
Indian Finearts and Crafts Gallery reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
- DELETING ACCOUNT
Indian Finearts and Crafts Gallery does not allow users to delete their account on the site directly by themselves. However if any user wants to delete their account they can get in touch with authorized personnel(s), Indian Finearts and Crafts Gallery at info@indianfineartsandcrafts.com or via the contact form available on the site. Your request to delete the account will be considered and appropriate action will be taken. However, it is the sole discretion of the authorized personnel(s) at Indian Finearts and Crafts Gallery to delete/ change the status of your account.
- INFORMATION CONTROL
You understand that all information, data, text, photographs, graphics, video, messages, and or other materials (‘User Content’), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. You are responsible for all the User Content that you upload, post, broadcast, display, email, transmit, or otherwise make available via the Service. Indian Finearts and Crafts Gallery cannot control the information provided by users which is made available through the Services. Users may find other users’ information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site. Indian Finearts and Crafts Gallery has no control over the quality or legality of the Art listed the truth or accuracy of the listings or any other information provided by a user about the Art. Please intimate us in case you find any content objectionable or illegal and we will do our best to verify and take suitable action. You understand that you, and not Indian Finearts and Crafts Gallery is responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
- LISTING POLICY
In order to list your Art for sale on the Site, you agree to complete and submit to us all applicable information along with images of your Art provided such images are in an acceptable format. You will also be required to agree to our sale & print policy for adding any art based content on our site.
- BASIC LISTING OBLIGATION
By listing Art on the Indian Finearts and Crafts Gallery, the seller has the option to either sell or use the content as just display content through Indian Finearts and Crafts Gallery. In either case the seller must agree to our sale and print policy (need to be referenced)
9.1 LICENSE
Indian Finearts and Crafts Gallery does not claim ownership rights in your Content. But Indian Finearts and Crafts Gallery has the right to use your artworks for the purpose of creating marketing campaigns, which help you in an indirect or direct manner like exhibition poster etc. You grant Indian Finearts and Crafts Gallery a license solely to enable Indian Finearts and Crafts Gallery to use any information or Content you supply Indian Finearts and Crafts Gallery with, so that Indian Finearts and Crafts Gallery is not violating any rights you might have in that Content. You grant Indian Finearts and Crafts Gallery a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Indian Finearts and Crafts Gallery to store or re-format your Content on Indian Finearts and Crafts Gallery and display your Content on Indian Finearts and Crafts Gallery in any way as Indian Finearts and Crafts Gallery Chooses.
- FEES AND SERVICES
Annual subscription for a Year Rs.500/- (Rupees Five hundred only)
Our seller fees and commissions are 25% of every work sold and a 12.5 % Value Added Tax on on each work sold by an artist. Indian Finearts and Crafts Gallery may change its fees, payments and commissions from time to time. Indian Finearts and Crafts Gallery fee policy is subject to change, is incorporated into this Agreement by reference. We always encourage visiting our policy once in a while to stay updated with the changes.
10.1 REMITTANCE OF PROCEEDS
Indian Finearts and Crafts Gallery shall remit the Purchase Fees to seller, after first deducting Indian Finearts and Crafts Gallery posted fees and commissions, within thirty (15 to 30) days after the (i) full confirmation of the artwork obtained by the buyer or (ii) the date when Indian Finearts and Crafts Gallery verifies receipt of the Purchase Fees from buyer whichever is later. All payments will be made by direct deposits/transfer, credit card or debit card.
Our Details
For the Indian Finearts and Crafts Gallery website, you could contact us at.
G.Sriram.,
#149/1., Gopalapuram Main Road,
Near Hindu College Rly.Stn.,
Pattabiram,
Chennai – 600 072,
Tamil Nadu, India.
Email id: info@indianfineartsandcraftsgallery.com
Phone: +91 9600057731, +91 7010794266
- GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, that any dispute, controversy or claim arising out of or relating to this agreement or the breach thereof, shall be submitted to the exclusive jurisdiction of the courts at Chennai, Tamil Nadu, India where the company is based. If this is acceptable to you, please go ahead and use the site otherwise please do not use the website.
- THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Indian Finearts and Crafts Gallery. BY CLICKING ON THE “I AGREE” BUTTON AT THE END OF THIS AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
- 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 as applicable in India . This electronic record is generated by a computer system and does not require any physical or digital signatures.