17 February 2025
Shikha Atoliya 0 Comments
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TERMS OF USE
1. Background
2. Services
Kalavati is an online platform dedicated to promoting and selling authentic traditional/handmade Rajasthani art and craft products. Our platform is dedicated to creating a marketplace where customers can explore and buy a diverse array of Rajasthani art forms, handicrafts, and related products, provided that you adhere to and agree to these Terms of Use. These goods are sourced directly from local artisans and craftsmen.
Product Offerings: Kalavaati offers a diverse range of art and craft products, including but not limited to:
1. Rajasthani Paintings
2. Rajasthani Handicrafts
We offer customization options for certain products, allowing customers to request personalized art and craft items. By providing a platform for these artisans to showcase and sell their products, we contribute to the socio-economic development of rural communities. Kalavaati is a celebration of Rajasthan’s rich artistic legacy. Through our platform, we aim to connect customers with the vibrant and colourful world of Rajasthani art and craft, while also
supporting the talented artisans who keep these traditions alive. Furthermore, we are deeply committed to preserving and promoting Rajasthani traditional art through educational workshops and online classes led by local artists. Additionally, our educational initiatives seek to raise awareness about these endangered traditional art forms and ensure their preservation for future generations. While our operations are managed remotely from the Netherlands, our business is registered in Rajasthan, India.
Brand Protection Policy: Kalavaati.com is committed to safeguarding the integrity of its brand and the authenticity of the Rajasthani art and craft items offered on its platform. We prioritize the protection of intellectual property rights and prohibit the sale of counterfeit or unauthorized products. To maintain the trust of our customers and uphold the reputation of Kalavaati, we employ stringent measures to verify the authenticity of products and collaborate closely with artists to ensure their works are accurately represented. Any infringement of intellectual property rights or violations of our brand protection policy will be swiftly addressed through appropriate legal action.
For the purposes of these Terms of Use,
3. Platform for Customers and Artists
4. Representations, Warranties and Obligations of the Website
We hereby represent and warrant that we are duly registered as Kalavaati as under the relevant Shops and Establishment Act of the state, we are in compliance with the Applicable Law to provide Services, subject to these Terms of Use and we will comply with the Privacy Policy and ensure data security of the Users at all times.
5. Representations, Warranties and Obligations of the Customer
The Customer hereby represents and warrants that they are a natural or legal person, competent to contract, and have read, understood, and agreed to be bound by these Terms of Use. They shall provide accurate information and details at the time of registration. They shall not default in making payments for Products bought from the artist through the Website. They agree and acknowledge the fact that there shall be minor differences between the Product image and the Product in physical form. They shall not demand for refund/ replacement of the Product for such minor variations. They agree and acknowledge that once the order has been placed on the Website for a Product, they shall not be allowed to cancel or modify the order.
6. Intellectual Property Rights
All Kalavaati’s content included on the Website, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is Our property and is protected by the Applicable Laws with respect to intellectual property rights. The compilation of all content on this Website is Our exclusive property and shall not be reproduced or used without express written permission from Us. We reserve the right to terminate our engagement with you, if We, in Our sole and absolute discretion, believe that you are in violation of this clause.
The content made available on or via the Website, is provided for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without Our prior written consent. We reserve all rights, not expressly granted in and to the Website.
7. Links
8. Payment Terms
9. Modification and Cancellation/ Refund and Replacement
10. Privacy
The Website collects, stores, processes, and uses Your information in accordance with Website’s Privacy Policy. 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 in accordance with Website’s Privacy Policy.
11. Fraud and Improper Conduct
12. Limitation and Disclaimer of Warranty
13. Indemnification
You undertake to indemnify Us, for any losses or damages resulting from any third-party claims or complaints arising from, or in connection with your actions on the Website, and/or breach of this Agreement.
14. Termination
15. Severability
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall remain in effect.
16. General
Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy (provided on the Website) constitutes the entire agreement between You and the Website, in respect of the Services and supersedes all previous written and oral agreements between You and the Website, if any. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.
17. Governing Law and Dispute Resolution
This Policy shall be governed by and constructed in accordance with the applicable laws of India as well as assisted with GDPR regulations and Directives without reference to conflict of laws principles. We cooperate with mandated government and law enforcement agencies or to any third parties by an order under law for the time being in force to enforce and comply with the law. We will disclose any information about You to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect the property and rights of website or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical, or legally actionable activity. We may also provide your Personal Information to various tax authorities upon any demand or request from them. Any disputes between users and the Platform regarding the Website’s use or related activities will be resolved through arbitration conducted in English and governed by the Arbitration & Conciliation Act, 1996. The arbitrator, chosen by us, will be an independent third party. Rajasthan will serve as the arbitration venue, and payment obligations remain active during Arbitration. Courts in Rajasthan, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, this Terms of Use.
18. Grievance Officer
In accordance with Information Technology Act 2000 and GDPR rules, the name and contact details of the Grievance Officer are provided below:
Name: Shikha Atoliya
Address: Keshav Chowk, Main market, Teh. – Laxmangarh, Dist. – Alwar (Rajasthan), PIN Code: 321607
Customer Support Phone: +918114411611
Customer Support Email: support@kalavaati.com
