A. TERMS AND CONDITIONS

(1) Welcome to Kejal Dadia Art, a proprietorship concern of Kejal Dadia (“Kejal”). This document is an electronic document within the meaning of the Information Technology Act, 2000 and the applicable rules and amended provisions relating to electronic records in various laws as amended by the Information Technology Act, 2000. This electronic document is generated by a computer system and does not require any physical or digital signature. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology Rules (Guidelines for Intermediaries), 2011 which require the publication of the Rules and Regulations, Privacy Policy and Terms of use for accessing or using www.kejaldadia.com ("Site"). This Site is owned and operated by Kejal. Kejal provides an online platform to connect you being the user and has no download product or service listed on its Site.

(2) For the purposes of these Terms and Conditions, when the context so requires, "You" or "User" means any natural or legal person who has agreed to become a buyer on the Site by providing Registration Data when registering. Registration on the Site as a registered user using computer systems. Kejal allows you to browse the Site or make purchases without registering. The terms "We", "Us", "Our" mean Kejal Dadia Art, i.e. Kejal proprietorship concern of Kejal Dadia. In the Site you are bound by the Terms of Service and Policies, whether or not you have read them. You may access, browse and use the Site and the services both as a registered user and as a guest user. However, not all sections of the Site will be accessible to guest users. If you do not agree with any of the terms listed in the Terms and Conditions, please do not use / browse the Site / Application. 

B. NOTES

(1) These Terms and Conditions apply when you access our website to use www.kejaldadia.com owned by Kejal. Before proceedings to use our services, you should read the Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use our website. If, however, you agree to them unconditionally you will be given the opportunity to click the ‘I accept’ checkbox during the registration process, and you will then be able to use our website to which these Terms and Conditions apply. 

(2) Kejal may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our website and announcing such changes on the Site.

(3) Except as stated below, all amended Terms and Conditions shall be automatically effective after they are posted on the Site.

 C. 

1. General Information

For you information we list below the address details of Kejal

Registered Office: 6, Mamletdarwadi Road No. 06,

 Malad (West), Mumbai- 400064,

Maharashtra, India

Registered Company No.: Kejal Dadia Art

Email: kejaldadiaart@gmail.com 

 

2. Membership Eligibility

Our services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Without limiting the forgoing, our services are not available to minors, i.e. under 18 (eighteen) years of age. If you do not qualify, you are not permitted to use our services and no contract will be formed between you and Kejal. Further, our services are not available to temporarily or indefinitely suspended Kejal members.

3. Account Registration and Obligations:

3.1 User Account / Password / Security –

Registered users: Kejal makes certain sections of the Site available to you via the Site, only when you have provided Kejal certain compulsory user facts and created an account via a certain login ID and password that is known as account. You can create your account at the Site via logging in by your third-party internet site user ID and password which includes that of www.facebook.com, websites owned by Instagram or its subsidiaries, Google Inc. or its subsidiaries, Twitter or every other social media website or any other Internet service as accredited at the Site (hereinafter Kejal ID and / or another third-party login identity as furnished above are individually or collectively cited the "Account Details'').

 

3.2 If you operate the Site, you will be responsible for preserving the confidentiality of your ‘Display Name’ and password and also you will be responsible for all of the activities that arise beneath your ‘Display Name’ and Password. You hereby agree that in case you offer any information that is false, imprecise, not present or incomplete or we have affordable grounds to suspect that such data is false, imprecise, not present or incomplete or not according with the Terms and Conditions, we shall have the right to indefinitely suspend or terminate or block access of your membership at the Site and refuse to provide you with access to the same. 

3.3 Your mobile phone number and/or email address is handled as your primary identifier at the Site. It is your duty to make sure that your mobile phone number and your e-mail address is updated at the Site, in any respect. You hereby agree to inform us promptly in case your mobile phone number or email address changes through updating the same at the Site via a One-Time Password (“OTP”) verification.

3.4 If you share or permit others to have access to your account at the Site by creating separate profiles under your account, or otherwise, they may be capable of viewing and accessing your Account Details. You will be totally liable and responsible for all of the activities undertaken under your account and any significance therefrom.

3.5 You shall ensure that the Account Details provided by you in the Site’s registration form is complete, correct and up-to-date. Use of another user's Account Details for availing the services is expressly prohibited. You hereby agree that Kejal shall not be liable or responsible for the actions or consequences of use or misuse of any information that occurs under your account in cases, including, where you have failed to update your new / revised mobile phone number and / or email address on the Site.
 

3.6 Guest users: The Site additionally allows limited access to the services for unregistered users (“Guest users”). Such users could be capable of browsing the Site and using the services for the motive of buying items and placing orders. However, you will not be provided with access to certain advantages reserved only for the motive of registered users. These advantages may also extrude from time to time.

3.7 Kejal may use your Personal Information such as name, email, postal addresses, phone number(s), IP addresses, product interest information and in certain circumstances, your opinions and individual preferences, etc., collected:

Ø send you or your friends, relatives or associates, products that you have ordered;

Ø process gift card transaction;

Ø help us learn more about your shopping preferences; or

Ø conduct marketing and performance research to assist us in measuring our customer services, benchmarking our performance and to help us improve your shopping experiences and product offerings.

Ø to send communication related to order updates and offers through email, SMS and social media channels.

4. Formation of Contract

4.1 In order that a legally binding contract can be formed between Kejal and you, eligible under Clause 2 above, you are required to accept these Terms and Conditions unconditionally by clicking the ‘I accept’ checkbox during the registration process.

4.2 Kejal, in their absolute discretion reserves the right to refuse, suspend, or cancel your membership of any matter. 

4.3 These Terms and Conditions shall override any contrary terms and conditions published by Kejal or appearing on the Site pertaining to you being the user. 

4.4 In consideration of Kejal agreeing to your use of the Site and you agree to comply with these Terms and Conditions.

5. Fees and Services

5.1 Registering to use our site and its services (as defined below) is currently free of charge. Kejal reserves the right to change its fees policy and the fees charged for the services from time to time. Changes to the policy will become effective from 14 (fourteen) days after notice of change have been posted on the  Site. However, Kejal may choose to temporarily change the fees for special services offered from time to time. Such changes become effective immediately upon posting notice of the changes on the Site. In these instances, you will have an opportunity to review and accept the fees that you will be charged for the use of services. Unless otherwise stated, all fees are quoted in INR. You are responsible for paying all fees associated with using the services and the Site and all applicable taxes. 

5.2 Kejal accepts no responsibility for taxes, etc. on transactions effected as a direct or indirect result of the use of the Site.

 6. The Site

6.1 Kejal reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. It is your responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting by Kejal. 

6.2 Kejal does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site.

6.3 Where Kejal provided hyperlinks to a third parties website, Kejal shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by the hyperlink and Kejal does not endorse or approve the content of such third parties’ websites. 

6.4 Kejal makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavours to keep down time to a minimum. 

7. Your Information

7.1 “Your Information” is defined as any information you provide to Kejal or other users during registration, in any public message area, through feedback or any email or form features.

7.2 Your Information and conduct (or any items listed therein) shall not:

· be false, inaccurate, or misleading;

· be fraudulent or involve the sale of counterfeit or stolen items;

· infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

· violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); 

· be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;

· be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material;

· contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

· create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

· impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything; and

· post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user. 

7.3 To enable Kejal to use the information supplied, such that we are not violating any rights you might have in that information, you agree to grant Kejal a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence and the right to sub-license (through multiple tiers) to use the copyright, publicity and other intellectual property rights you have in Your Information, in any media now known or not currently known. Kejal will only use Your Information in accordance with the Privacy Policy to the Site. 

7.4 You are responsible for all statements made and acts that occur through the use of your membership and password. Please don’t disclose your password to anyone. If your password has been stolen, you must let us know, Kejal may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating the above provisions.

7.5 While Kejal cannot review all transmissions by members, we reserve the right to, and may from time to time, monitor any information transmitted or received through our service. Kejal, at our sole discretion and without further notice to you, may review, remove or otherwise block any information (including posts to message boards) that we deem inappropriate or that violates any of this Agreement.

8. Access and Interferences

8.1 You agree that you will not use any robot, spider, other dramatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Kejal.

8.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

8.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

8.4 Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Kejal by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any contents (except Your Information) from the Site without the prior written consent of Kejal or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.

9. Ratings

9.1 You may not take any actions, which may undermine the integrity of the ratings system. 

9.2 Export:

You acknowledge that your rating consists of a composite number compiled by the aggregated ratings of other Site users. Because ratings are not designed for any purpose other than for facilitating information searching for Kejal members, you agree that you shall not market or export your Kejal rating in any other venue. 

9.3 Import:

Kejal does not provide the technical ability to allow you to import ratings from other websites, as this does not reflect your true online reputation within our community.

10. Breach

Without limiting other remedies, Kejal may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Services to you if: 

· You breach this Agreement or the documents it incorporates by reference (including but not limited to our Privacy Policy) 

· Kejal are unable to verify or authenticate any information you provide to us; and 

· Kejal believes that your actions may cause legal liability for you, our members or us.

11. Privacy Policy

By registering, you are agreeing that our members may make statements about your views, opinions or services which you regard as untrue. In any such case, if you contact Kejal, giving full details, Kejal will conduct a brief investigation and may remove the offending statement. Whether or not the offending statement is removed you hereby waive any right you might otherwise have against Kejal in connection with such statements. You accept that Kejal cannot control such statements and it is not practicable to conduct full, detailed, investigations. For more details on Privacy, please review our Privacy Policy.  

12. No Warranty

The site including, without limitation, its contents, functionality, performance and features are provided on an “as available basis “at the member’s sole risk and without representations or warranties of any kind and to the full extent permitted by law. Kejal and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or term expenses or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free. 

13. Liability Limit

13.1 Nothing in this agreement is intended to limit or exclude any liability on the part of Kejal where and to the extent that applicable law prohibits such exclusion or limitation.

13.2 Subject to the above statement, in no event shall Kejal or its suppliers be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) and arising out of or in connection with this agreement.

13.3 Accordingly, subject to clause 13.1, you agree not to bring a claim of any nature against Kejal in relation to the use of or access to the Site, except where such a claim cannot be excluded by law. You acknowledge and agree that Kejal will have the right (subject to the discretion of the court) to a stay of proceeding if you bring any claim against Kejal in breach of the foregoing. 

14. Indemnity

You agree to indemnify, defend and hold harmless Kejal and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

15. Legal Compliance

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service. 

16. No Agency

You agree that you and Kejal are independent contractors, and no agency, partnership, joint venture, employee- employer or franchisor – franchisee relationship is intended or created by this Agreement. 

17. Notices

All notices required to be served on Kejal shall be sent to the contact address stated in clause 1 or email address of Kejal. 

18. Arbitration

Any controversy or claim arising out of or relating to this Agreement or Kejal’s Services shall be settled by an arbitration tribunal designated by Kejal. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in India and judgement on the arbitration may be entered into any court having jurisdiction thereof. Either you or Kejal may seek any interim or preliminary relief from a court of competent jurisdiction in India necessary to protect the rights or property of you or us pending the completion of arbitration. 

19. Intellectual Property

19.1 You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyrights, rights in databases, trademarks, and trade names) in the Site belongs to Kejal or its third-party licensors. Accordingly, any part of this Site (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site, meaning that you may only display it on its computer screen and print it out on its printer for the sole purpose of viewing its content in connection with the services.

19.2 Copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by Kejal or the third-party providers of such information. You may use information retrieved from the Site only for the purposes of the Services.

19.3 Kejal reserves the right in accordance with the licence granted under clause 8.3 to licence and republish the material contributed by you. Any work republished will be with proper attribution to the author.

19.4 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:

a. distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without Kejal’s or the relevant licensee’s prior written permission;

b. provide hypertext links, URL links, graphic links, hyperlinks or other direction connection for profit or gain to the Kejal Services without Kejal’s or the relevant licensee’s prior written permission;

c. display, publish, copy, print, post or otherwise use the Kejal Services and the information contained therein for the benefit of any other website without Kejal’s or relevant licensee’s prior written permission; and 

d. process or otherwise use the information contained on or with the Kejal Services for any illegal or immoral purpose nor use or process the same unfairly.

19.5 You agree and accept that Kejal may publish or otherwise distribute your Information and you therefore grant to Kejal an irrevocable, perpetual, non – exclusive right and licence to publish the Submissions and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion. 

19.6 You therefore hereby undertake to Kejal to indemnify and hold harmless Kejal in full and defend at its own expense Kejal against all claims, liabilities, costs and losses whatsoever and however incurred by Kejal its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.

19.7 Kejal, and the Kejal Dadia Art logo are trade names or trademarks of Kejal, the use of which is expressly forbidden by any other persons without the express permission of Kejal.

19.8 Kejal makes no warranty or representation in respect of any other trademark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Services please contact Kejal at the Address mentioned in Clause 1.

20. Intellectual Property Infringement

20.1 Contributors might share messages and information that they electronically copied from other sources. As there are many thousands of possible sources spread out across the internet, ranging from newspaper to scientific journals to bulletin boards, it is impossible for Kejal to know if a posting or other content contribution infringes a third party’s intellectual property right and to what degree. 

20.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify Kejal immediately. Kejal accepts no liability for copyright infringement by any of its members though Kejal will endeavour to protect any rights owner subsist through appropriate action should any infringement come to light.

21 Kejal

21.1 You will notice that on the Site that there are Members of the Kejal who are under the ‘Core Team ‘of Kejal (hereinafter referred to as the “Members of Kejal”). They perform a variety of functions, including site content and contributing to the Company. 

21.2 Members of Kejal are appointed solely by Kejal on the basis of their merits and value as a contributor to the content and community of the site. This should in no way be construed as an endorsement of that individual’s services or professional competency outside the Site.

21.3 Members of Kejal are free to contribute as they see fit. Their opinions are their own. Any decision to offer advice or information belongs to them. We do not closely monitor their contributories. Kejal does not regulate what the Members of Kejal say and, in some cases, their opinions may differ substantially from each other. We value this freedom of opinion as this creates lively debate and an open market.

21.4 Members of Kejal are appointed because Kejal believes that they have something valuable to contribute to the community. However, Kejal will not be held liable for the quality, accuracy or veracity of any of the content, opinions or otherwise of the Members of Kejal nor can we guarantee the ongoing levels of quality of any Members of Kejal. Any weight you ascribe to opinions of Members of Kejal should be based upon your judgement of their ability to provide useful and insightful advice and information, as with anyone else you can see in our forum. You should not believe that the Members of Kejal have any additional insight or information simply because they have been appointed as Members of Kejal.

21.5 Kejal reserves the right to appoint and dismiss Member/s of Kejal entirely at its discretion. Members cannot apply to be Kejal and any request to be made, Kejal in no way guarantees that you or other users will be made a Member of Kejal, or even their request will be considered or replied to.

21.6 Members of Kejal are appointed purely to help Kejal offer artwork, canvas, sketch and similar products to its Users i.e. You. Kejal is independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the appointment of the Member of Kejal or under the terms of this Agreement.

21.7 A member may choose to accept or decline an offer of appointment to Kejal status by Kejal. Kejal may request at any time that their status as Members of Kejal be removed, and Member/s of Kejal agree to comply with any such request within 30 (thirty) working days of notice being given. The Members of Kejal may choose to maintain several identities on the Site, in order to appear both as a normal user and as an e-consultant.

22 General

(a) Representations and Warranties

Kejal represents and warrants to you being the user of the Site the following:

(i) The work will be original and created by persons employed or supervised by Kejal. Neither the work nor the Guide Content nor the Personal Content will violate the copyright, patent, trademark rights, or any other right such as rights of privacy or publicity, of any person or entity. Neither Kejal nor anyone working for or with Kejal has granted any rights to the work, the Guide Content or the Personal Content to any other person or entity. 

(ii) Kejal has the right to enter into and fully perform all terms of this Agreement. Kejal is not and during the Term will not be in any way prohibited or restricted from operating the Site.

 (iii) Kejal has read and complied with the Rules and agreed to read and comply with the Rules at all times throughout the Term since the Rules will be updated periodically.

 (iv) The Site, including but not limited to, Chat rooms, Bulletin Boards, and Personal Web Pages, does not and will not contain, publish or display any libellous, defamatory, obscene or illegal content or material.

(b) Confidentiality

Kejal acknowledges that Kejal will have access to your proprietary information, materials and data. Kejal agrees not to use or disclose proprietary information and to use Kejal’s best efforts to ensure that all those to whom Kejal gives access to proprietary information does not use or disclose any of this information except to carry our Kejal’s duties and responsibilities under this Agreement. 

(c) Termination

Kejal hereby reserves its right to terminate this Agreement with you in the event any breach or violations has been committed by the User. Further, Kejal will issue a notice 15 (fifteen) days prior to such termination.  Upon termination the Kejal will be required to: Return all hardware; return all software tools; return miscellaneous materials and cease using any Kejal or other accounts provided by you.

(d) Independent Contractor

Kejal is an Independent Contractor. All persons working for or with Kejal in performing Kejal’s obligation towards you being user under this agreement will not be your employees or contractors or have any relationship with you. Kejal will be solely responsible for all the Kejal’s sub-hires, employees, helpers and for all obligations to them and will indemnify you against any and all claims or liabilities resulting from such obligations and for all costs, omissions or conduct of such persons. Kejal is responsible for whatever payments will be due to Kejal’s employees or contractors and agrees to comply with all governmental obligations applicable to the performance of Kejal’s obligation under this Agreement.

(e) Name and Likeness

Kejal agrees that you have the right to use Kejal’s name and likeness on and in connection with your service and the Site, and advertising and publicity for the service and the Site.

(f) Indemnification

Kejal agrees to indemnify and hold you harmless from and against any claims and damages (Including reasonable attorney’s fees) resulting from a breach or claimed breach by Kejal of any of Kejal’s representations, warranties or agreements contained in this Agreement.  

(g) Entire Agreement

This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all prior agreements or understanding among the parties with respect to its subject matter, but the parties understand and agree that the Rules will also govern Kejal’s provision of services to you being its user. 

(h) No Waiver

The failure on your part to enforce any term or condition of this Agreement will not be deemed a waiver of any terms or conditions of this Agreement. 

(i) Survival

The provisions of the paragraphs of this Agreement entitled licence, Non-compete, Representations and Warranties, Confidentiality and Indemnification shall survive any termination of this Agreement. 

(j) Governing Law

This Agreement will be governed by the laws of India. The parties agree and consent to exclusive jurisdiction and venue in the District Court and High Court, Mumbai and the Supreme Court of India for any proceedings arising out of this Agreement.

23 Cancellation, Refunds & Returns

Modes of Payment:

Payments for the products available on the Site may be made in the following ways:

a. Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, UPI and

b. Credit card, Debit Card, UPI and Net Banking payment options, are instant payment options and recommended to ensure faster processing of your order.  

24. Shipping & Delivery

24.1 We endeavour to dispatch your order within the time as devoted at the product page. The dispatch of your order can take up to 15 (fifteen) business days. You may be intimated through email upon dispatch of the order. Once the order is dispatched, it typically takes 2-5 (two to five) business days for delivery within India. Unforeseen situations may also cause delays for which Kejal shall not be liable.

24.2 Customs & Import Duties Information for International Orders:

You can be concerned about import responsibilities that are levied as soon as the package reaches your country. Additional expenses for customs clearance have to be borne through you; Kejal has no manipulation over those costs and cannot expect what they will be. Customs policies vary extensively from country to country, you ought to contact your neighbourhood customs workplace for further information. Additionally, whilst ordering from Kejal, you are taken into consideration by the importer on record and must follow all laws and guidelines of the country in which you are receiving the merchandise.

25. Entire Agreement

The offer contained in this Agreement is made only on the terms and conditions set forth in this Agreement. By signing this Agreement, Kejal agrees to its terms and conditions as originally electronically transmitted to Kejal, and no modification of this Agreement by Kejal which is not specifically agreed to in writing by you will be binding on you or have any force or effect.

26. Grievance Officer

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site.

 

Grievance Officer:

Kejal Dadia

E-mail Id: kejaldadia.art@gmail.com 

Contact: Monday to Saturday, Time: 10:00 AM to 6:00 PM