TERMS AND CONDITIONS

Terms & Conditions

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 our service. 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”, “The Arte House” and “our” shall mean The Arte House, its franchisor, affiliates and partners.

1. User Account, Password and Security

(a)   USER ACCOUNT

An account is needed to be made with The Arte House to use some of our Services. However, these are few rules which are needed to be complied by you before creating an account with The Arte House:

  1.    A)  You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
  2.    B)  Provide accurate information – False information or impersonating another person or company through your account will not be entertained.
  3.    C) Choosing of an appropriate Username- A username that is offensive, vulgar, or infringes someone’s intellectual property rights will be violating the Terms.
  4.    D) You are solely responsible for your account-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 The Arte House.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. artehouse.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

The security of your Personal Information is of prime importance to us. However, due to the inherent open nature of the Internet, we do not guarantee that communications between you and The Arte House or information stored on the Site or our servers, will be completely free from unauthorized access by third parties such as hackers, and your use of the Site is at your own risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect, including limiting access to the Personal Information contained on our servers. Only those employees who need access to your information to perform their duties are authorized to have access to your Personal Information.

(b)   User Content:

The Arte House may provide you with interactive opportunities on the Website, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) to the Website and/or through the Services. You hereby grant The Arte House a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with The Arte House’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant The Arte House a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you.

(c) Feedback.

You agree that any submission of any ideas, suggestions, and/or proposals to The Arte House through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Curo Carte has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to The Arte House a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

(d)   Ratings and Reviews. To the extent that you are asked to rate and post reviews of The Arte House (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by The Arte House and do not represent the views of The Arte House or its affiliates. The Arte House does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available on the Website or through the Services, you agree that:

(i) you will base any Rating or Review on first-hand experience with The Arte House;

(ii) you will not provide a Rating or Review for any Product of The Arte House for which you have an ownership interest, employment relationship or other affiliation or for any of that The Arte House’s competitors;

(iii) User’s review will comply with the terms of this Agreement. If The Arte House determines, in its sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.

 2. Services Offered

artehouse.in provides the service that enables users to purchase “Products”. Upon placing an order, The Arte House shall ship the product to you and be entitled to its payment for the Services.

3. Privacy Policy

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

 4. 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 The Arte House’s name is stated as the source and prior written permission of artehouse.in 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.

 5. User Conduct and Rules

The User agrees and undertakes 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, the user agrees and undertakes that when using a Service, he/she shall not

  1. defame, abuse, harass, 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 the user owns or controls the rights thereto or has 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, contests, pyramid schemes or chain letters;
  6. download any file posted by another user of a Service that the user knows, 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.
  11. Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
  12. Use the website for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  13. cause annoyance, inconvenience or needless anxiety
  14. Make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about The Arte House, its associates and partners on any property owned by The Arte House.

 6. No Compensation Policy:

If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet to the users expectations, no compensation will be given other than the return and refund of the product. The user cannot request compensation for any reason, including: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. The Arte House reserves the right to cancel orders and block accounts of such customers without any prior notice.

 7. User Warranty and Representation:

The user guarantees, warrants, and certifies that he is the owner of the content which he submits 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. The user further warrants that to his 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 him in connection with the Services rendered by theatehouse.com.

 8. 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, The Arte House 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. The User acknowledges and agrees that he shall not use, reproduce or distribute any content from the Website belonging to The Arte House without obtaining authorization from The Arte House
  2. Notwithstanding the foregoing, it is expressly clarified that the User will retain ownership and shall solely be responsible for any content that he provides or uploads when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which he 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) User expressly agrees that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, he accepts the  Third Party User whereby  granting a non-exclusive license for the use of the same.

The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of The Arte House or the Website and The Arte House 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. The Arte House is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site artehouse.in is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by The Arte House 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.

 10. Warranties and Limitation of Liability:

The Arte House has endeavored to ensure that all the information on the Website is correct, but The Arte House neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall The Arte House be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall The Arte House be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, The Arte House shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond The Arte House’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

11. Indemnification:

The User agrees to indemnify, defend and hold harmless The Arte House 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 The Arte House 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 the User pursuant to these Terms.

12. Cancellation of Fraudulent Activity/Loss to business Orders:

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, The Arte House reserves the right to cancel all past, pending and future orders without any liability. The Arte House also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders will not be refunded.

Account for the customers falling in fraudulent or loss to business category may be blocked. Any gift credits earned through loyalty or referral program will be forfeited in such case.

 13. Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a refund up to the price of the good .

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

 14. Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received will be in IRS ONLY and upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

15. Risk and ownership

The risk and ownership clause states that products are at the customers risk from the time of delivery, and that ownership passes to the customer upon the later of delivery and receipt of all sums due in respect of the products.

16. Termination

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

17. GENERAL :

  1. 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 Chavakkad.
  2. 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.
  3. Consent to Transfer:
    The Site is maintained in India. If the User resides elsewhere outside India, please be aware that any information provided to us will be transferred to India. It is clarified that, by using the Site, participating in any of our services, and/or providing us with your information, User consents to this transfer.
  4. Acceptance and changes to policy:
    By visiting the Site, User agrees to the terms and conditions of the Privacy Policy. The Arte House reserves the right to change, modify, alter or otherwise update this Privacy Policy at any time without notice to the User. We will post any changes to the Privacy Policy here, so be sure to visit this page often. If at any time in the future we plan to use User’s Personal Information in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. User’s continued use of the Site after we post any changes to this Privacy Policy means acceptance to such changes.
  5. Electronic Communications:
    The communications between user and The Arte House use electronic means, whether you visit the Website or send  The Arte House e-mails, or whether The Arte House posts notices on the Website or through the Services or communicates with user via e-mail. For contractual purposes, user (1) consent to receive communications from The Arte House in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Arte House provides to user electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect user’s statutory rights.

TERMS FOR the Online Sale of Goods

  • THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SVATANTRA ONLINE SERVICES PVT LTD (“THE ARTE HOUSE”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.artehouse.in (the “Site”). These Terms are subject to change by The Arte House (referred to as “us”, “we”, “The Arte House” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

  • Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between The Arte House and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department

  1. Prices and Payment Terms.

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa. Master Card, Rupay, and most of the netbanking portals (Subject to approval from the respective banks) for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

  • Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

(b) Title and risk of loss pass to you upon [our transfer of the products to the carrier/delivery]. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

  • Returns and Refunds.
  1. Except for any products designated on the Site as non-returnable, we/We] will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 7 days of [shipment/delivery] and provided such products are returned in their original condition. To return products, you must call 9846776333 and discuss with us the problem you faced or e-mail us at admin@artehouse.in. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

Refunds are processed within approximately 15 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site except for COD, where customer shall be asked for Bank details.

  • WARRANTY.

The Arte House doesn’t offer any warranty to customers for any of our products, however there shall be a 6 months’ warranty on the electrical fixtures (if any) on the products.

  • Goods Not for Resale or Export.
  1. You agree to comply with all applicable laws and regulations of Republic of India including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
  • Intellectual Property Use and Ownership. You acknowledge and agree that:

(a) All uses on this Site of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price” and the like mean the purchase or sale of a license. Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions and restrictions of the license agreement [posted with/made available to you through a link accompanying] the display or description of that specific product or service.

(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.

(c) You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements.

(d) The Arte House and its licensor(s) is/are and will remain the sole and exclusive owner[s] of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

  • Privacy.
  1. We respect your privacy and are committed to protecting it. Our Privacy Policy, www.artehouse.in/privacypolicy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
  • Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  • Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of India without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction. Subject to Section 12, the courts of Chavakkad shall have sole and exclusive jurisdiction on any of the disputes.

  • Dispute Resolution and Binding Arbitration.

(a) YOU AND SVATANTRA ONLINE SERVICES PVT LTD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by a sole arbitrator under the Arbitration and Conciliation Act 1996.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SVATANTRA ONLINE SERVICES PVT LTD WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  • Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  • No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of The Arte House

  • No Third Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  • Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to The Arte House, Manathil House, Nambazhikkad P O, via Mattom, Thrissur, Kerala- 680602. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  • Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  • Entire Agreement.

Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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