Terms Of Use

Welcome to IMAGEKART. By using the services on the IMAGEKART website, you are agreeing to the following terms. Before you may become a member of IMAGEKART, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the IMAGEKART Privacy Policy.

Using IMAGEKART

While using IMAGEKART, you will not:

  • Post content or items in an inappropriate category or areas on our sites and services.
  • Violate any laws, third party rights, or our policies.
  • Use our site or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our site.
  • Fail to deliver payment for items purchased by you.
  • Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity.
  • Manipulate the price of any item or interfere with other user’s listings.
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to IMAGEKART.
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
  • Transfer your IMAGEKART account and User ID to another party without our consent.
  • Distribute or post spam, chain letters, or pyramid schemes.
  • Distribute viruses or any other technologies that may harm IMAGEKART, or the interests or property of IMAGEKART users.
  • Copy, modify, or distribute content from the Sites and IMAGEKART'S copyrights and trademarks.
  • Harvest or otherwise collect information about users, including email addresses, without their consent.
  • Abusing IMAGEKART

IMAGEKART and our community of users work together to keep the Site and it’s services working properly and our online marketplace safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees and Services For Sellers

Joining IMAGEKART is free and we do not charge listing fees, or a membership fee till 10 uploads.

We do however charge commission upon the sale of an items through IMAGEKART as mentioned in our membership plans. Any changes in our fees are effective after we provide you with at least fifteen days’ notice by posting the changes on the IMAGEKART site.

We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the site.

Unless otherwise stated, all fees are in INR. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner. For typical transactions our fees will be automatically deducted prior to depositing funds in your seller account. You will not be charged any additional fees to receive money through us. We reserve the right, in certain circumstances including but not limited to fraudulent activities, to recover or apply additional fees to your seller account.

Member Communication

All communication between IMAGEKART members (Artists, Galleries, and Buyers) must take place using the IMAGEKART messaging system. It is against our policy to include email addresses, phone numbers, and URLs in IMAGEKART messages or product pages. It is also against our policy for sellers to post email addresses, phone numbers, and URLs in other areas where buyers may find them including but not limited to store welcome messages, artwork descriptions, and artist profiles. If an IMAGEKART member needs help he should contact IMAGEKART Support (support@imagekart.in) for assistance or choose LIVE CHAT for support.

Your IMAGEKART Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Imagekart does sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Imagekart.com only with involvement of a parent or guardian. Imagekart reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Content

Imagekart does not own the content (including but not limited to images, item descriptions, and artist descriptions) you provide to the Site. However, when you give us content you grant us licesnse so that we do not violate any rights you may have in the content. You grant Imagekart a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. Additionally, you grant Imagekart the right to use your content for the purpose of marketing, merchandising, and advertising in media including, but not limited to, the Imagekart Site and partner sites.

Liability

You will not hold Imagekart responsible for other users’ content, actions or inactions, or items they list. The Site is a venue to allow anyone to offer, sell, and buy art, prints and handi-crafts, at anytime, from anywhere. We have no control over and do not guarantee the 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.

Imagekart does not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions under which legal ownership of an item is transferred upon physical delivery of the item, to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control.

Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.

Access and Interference

The Site contains robot exclusion headers. Much of the information on the site is updated on a real-time basis and is proprietary or is licensed to Imagekart by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

Additionally, you agree that you will not:

Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Imagekart and the appropriate third party, as applicable.

Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the sites; or Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site.

Patents

One or more patents owned by Imagekart apply to The Site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Imagkart or its content suppliers and protected by Indian copyright laws. The compilation of all content on this site is the exclusive property of Imagekart. All software used on this site is the property of Imagekart or its software suppliers and protected by Indian copyright laws.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Imagekart Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in India that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the our Imagekart Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Any leagl 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 legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and Imagekart, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Imagekart agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Jurisdictional Issues

Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.

  • 19. User Protection Program
  • 19.1. The Website’s User protection program provides for resolution of disputes between the User and Seller to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product.
  • 19.2. In such an eventuality, the User can write to support@imagekart.in. if the issue with the Seller remains unresolved.
  • 19.3. The Website’s Users support team shall provide reasonable assistance and take such relevant actions against the Seller as it, at its sole discretion may deem fit.

General Provisions

Notice: All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the Website’s grievance officer by e-mail info@imagekart.in.

Assignment: This Terms shall not be assigned or otherwise transferred by the User. However the Website’s obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.

Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.

Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Relationship and Exclusivity: Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.

Force Majeure

If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.