This User Agreement, the User Privacy Notice, the Mobile Device Terms and all policies posted on Picnart set out the terms on which we offer you access to and use of www.picnart.com (herein “the Website”) and associated services, applications and tools (collectively "Services"). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.
Your use of the Services is governed by the following terms and conditions. You are contracting with SkilledAnswers InfoSolutions Pvt. Ltd. 6, 1st Main Road, NS Palya, BTM Layout, Bangalore – 560076. These terms and conditions constitute your binding obligations towards Picnart.
For the purpose of the User Agreement, Registered User/Guest User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User/Guest User using the computer systems of the Website and accepted this electronic version/electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email id.
As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Pay Now’ button while transacting as Guest User or such other actions that implies your acceptance.
Picnart may amend this User Agreement Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via the Website’s Announcement Board (hereinafter referred to as an “AB Post”) and/or as per the notification preference provided by you to Picnart. The revised version will be effective at the time Picnart posts it on the Website/AB Post or as communicated on AB post or as communicated to you per the notification preference provided by you to Picnart (as the case may be). In addition, if the revised version of this User Agreement includes a Substantial Change, Picnart will provide you with a minimum seven (7) days' prior notice of such Substantial Change/s by an AB Post or as per the notification preferences provided by You to Picnart. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in www.picnart.com Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
- 1. Picnart Rules and Policies.
- 2. Picnart User Privacy Notice.
Picnart is a marketplace that allows users to offer, sell and buy Paintings, Photos, Vectors, Coins, Carvings books and rent old Traditional dresses, wedding decorations, Flowers and also rent books which may be old or a new book at variety of pricing formats and locations. The actual contract for sale is directly between the company and buyers.
While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Picnart has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
1. Membership Eligibility 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. Picnart reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Picnart notice or if it is discovered that you are under the age of 18 years.
- 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
- 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, as described in the Buying as a Guest policy.
2. Your Account and Registration Obligations : If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree to:
- 1. Provide true, accurate, current and complete information about yourself as prompted by the Picnart registration form or provided by You as Guest User (such information being the "Registration Data")
- 2. You must not include any of your contact details such as email addresses etc. in your User ID while registering as Registered User.
- 3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Picnart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Picnart has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
3. Electronic Communications : When You use the Website or send emails or other data, information or communication to Picnart, You agree and understand that You are communicating with Picnart through electronic records and You consent to receive communications via electronic records from Picnart periodically and as and when required. Picnart will communicate with You by email or by an AB Post notice or electronic records on the Website which will be deemed adequate service of notice / electronic record.
4. Fees and Services : Membership on the Website is free. Picnart does not charge any fee for browsing and buying on the Website. Picnart reserves the right to change its Fee and Credit policies from time to time. In particular, Picnart may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Picnart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Picnart within such time as specified in the invoice. You shall make the payments of these invoices in the name of Picnart. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Picnart.
- 4.1 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cess(es), duty etc. levied thereon
- 4.2 Non-payment: Picnart reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Picnart. We also reserve the right to take legal action in case of non-payment of fees by you to Picnart. For example, Picnart at its sole discretion reserves the right to collect or recover or settle any or all fees due and payable by you to Picnart under your one or more accounts by deducting the amount.
5. Use of the Website :
- 5.1. You understand and agree that Picnart and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Picnart neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Picnart has no control over the third party user generated contents.
- 5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles: 1. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
- 2. Your Information (or any items listed): The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with the User Agreement, User Privacy Notice, or rules and regulations for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
6. Platform for Communication :
- 1. Picnart does not make any representation or Warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Picnart does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Picnart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- 2. Picnart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
- 3. The Website is only a venue through which Users can reach a larger base to buy and sell items or services.
- 4. At no time shall any right, title or interest over the items vest with Picnart nor shall picnart have any obligations or liabilities in respect of such contract. Picnart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
- 5. You shall agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
- 6. You release and indemnify Picnart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Picnart can control the information provided by other Users, which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
7. Privacy Our current User Privacy Notice is available at www.picnart.com. If you object to your Information being transferred or used as described in the User Privacy Notice, please do not use the Website.
- 7A. Your Consent: By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Picnart
8. Picnart e-wallet Facility Arriving soon: With Picnart e-wallet Facility arriving soon, Payments for items on the Website can be made through the electronic or through Cash on delivery transactions, as may be permitted by Picnart to the website seller(s) in its sole discretion. Picnart e- wallet Facility also enables automated collection and remittance services using the current Indian banking and credit/ debit/ cash card/ directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be, of payment or supporting the same in any manner.
9. Breach Without limiting other remedies, Picnart may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
- If Picnart is unable to verify or authenticate any information you provide; or
- . If it is believed that your actions may cause legal liability for you, other Users or Picnart.Picnart may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Picnart or use the Website in any manner whatsoever until such time that such User is reinstated by Picnart. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Picnart reserves the right to recover any amounts due and owing by you to Picnart and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
10. Buying: All purchases (under the Buy It Now format) on the Website are a firm commitment to purchase. If you are the purchaser for any item and your purchase is accepted by the Picnart you are obligated to complete the transaction with the website.
By purchasing an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful.
Picnart strongly advises you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to bid. Wilfully entering erroneous or fictitious bids may result in prosecution by government authorities and suspension of your Picnart account
11. Picnart Guarantee The Picnart Guarantee seeks to assist buyers who have been defrauded by sellers on the Website. If a buyer has made a payment for an item and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the Picnart Guarantee. The coverage under this program is restricted to such amount as may be provided in the Picnart Guarantee.
- If Picnart has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Picnart may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
- Picnart reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Picnart may at its sole discretion suspend, block, restrict, cancel the user id and related user ids, if any of such user and/or disqualify that member and any related members from availing protection through this program.
- Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
- We may suspend the Picnart Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
12. Selling As a registered member, you may list item/s for sale on the Website which appropriate percentage sharing in accordance with the Listing policies of Picnart which is incorporated by way of reference in this User Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. Picnart reserves the right to delete such multiple listings of the same product listed by you in various categories
13. Feedback We encourage Registered buyers on the Website to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. Picnart will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Picnart reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.
14. Content When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database rights and other intellectual property rights you have in or to the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
We may offer catalogues of stock images descriptions, product specifications and other multimedia content including videos. You may use catalogue content solely in connection with your Picnart listings during the time your listings are on our website.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Picnart policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).
15. Authorization to Contact You; Recording Calls You consent to receive autodialled or pre-recorded calls and text messages from Picnart at any telephone number that you have provided us or that we have otherwise obtained. We may place such calls and texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vii) contact you with offers and promotions; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or Picnart e-wallet which is arriving soon or any other agreement we may have with you. Standard telephone minute and text charges may apply.
Picnart may share your telephone numbers and other personal data or information with our service providers (such as Logistic Service Providers, billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under this User Agreement, our policies, applicable law, or Picnart e- wallet or any other agreement we may have with you. You agree these service providers may also contact you using autodialled or pre-recorded calls and text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
Picnart may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Picnart or its agents for quality control and training purposes or for its own protection.
If Picnart provides you with information about another user, you agree that you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
16. Thirty Days Return Policy Picnart, affiliates and service provider provide the Website and services including Picnart e-wallet coming soon "as is" and Provide thirty days Return Policy.
17. Limitation of Liability In no event shall Picnart or its, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and Picnart e-wallet Facility which is coming soon, its services or this User Agreement (however arising, including negligence).
Picnart liability in any circumstance is limited to the amount of fees, if any, paid by you to Picnart. Picnart, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Picnart e-wallet Facility(which is arriving soon)will be error free and/or uninterrupted.
18. Indemnity You shall indemnify and hold Picnart harmless and its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, Picnart Rules and Policies, Picnart e-wallet which is coming soon and its User Agreement, Seller Terms and Conditions and Picnart e-wallet Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
Release If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
19. General None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Picnart and you shall have no authority to bind Picnart in any manner whatsoever
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Picnart to SkilledAnswers InfoSolutions Pvt. Ltd. 6, 1st Main Road, NS Palya, BTM Layout, Bangalore – 560076 or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement. This User Agreement sets forth the entire understanding and agreement between You and Picnart with respect to the subject matter hereof. In Picnart sole discretion, Picnart may transfer its rights and obligations (also known as “assign”) under this User Agreement without your prior express consent, provided that Picnart assigns the Agreement on the same terms or terms that are no less advantageous to You.
19A. Grievance Officer: In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.
20. Arbitration If any dispute arises between you and Picnart during your use of the Website or Picnart e-wallet coming soon or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, Picnart e-wallet(coming soon) User Agreement and Picnart e-wallet Terms and Conditions or the documents(coming soon) they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Picnart. The place of arbitration shall be Bangalore. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
21. Governing Law The User Agreement, Picnart e-wallet User Agreement and Picnart e-wallet(coming soon) Terms and Conditions or the documents they incorporated by reference shall be governed and construed in accordance with the laws of India.