Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BEFORE USING THIS WEBSITE
Luxury Canvas, is a sole proprietorship, with its registered office at Hyderabad.“We” or “Us” or “Our” (as applicable) own and operate the website, www.luxurycanvas.in (hereafter referred to as the “Site”).
These “Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read these Terms carefully before you start to use Our Site, as these will apply to your use of Our Site. By using Our Siteand/or making any purchases on Our Site, you confirm that you accept these Terms and that you agree to comply with them and be bound by these conditions. If you do not agree to these Terms, you must not use or make any purchases on Our Site.
Our services are very diverse and so from time to time, we may incorporate additional terms or modify the existing terms, with or without notice, and the additional terms or requirements should be read as a part of this. It will be the client’s responsibility to comply with the latest terms and conditions. We also advise you to regularly read the terms and conditions.
In addition, when you use any current or future service of Ours, you will also be subject to the terms, guidelines and conditions applicable (“Terms”). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
OTHER APPLICABLE TERMS
ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the websiteor that you order goods from us or avail our services, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
We may revise these Terms at any time, by amending this page without providing any intimation to you. Please check these Terms from time to time, to take notice of any changes that We make, as they will be binding on you.
We may update Our Sitefrom time to time, and may change the content, display, form, at any time without prior notice. However, We do not guarantee that Our Site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
We will do our utmost to ensure that availability of the websitewill be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the websitemay also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. However, we will not be liable to you if, for any reason, Our Siteis unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Sitethrough your internet connection, are aware of these Terms and other applicable terms and conditions, and that they comply with it.
YOUR ACCOUNT AND PASSWORD
You are required to register on Our Site, in order to use or make purchases on it. You will be required to provide a unique username and password in order to register and access Our Site. Alternatively, you have the option of registering on Our Site using your Facebook/Google login details. If you use Our Site,You are solely responsible, for maintaining the confidentiality of your account and password details, and for restricting access to your computer / mobile to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure, and should inform Us immediately if you have any reason to believe that your password has been disclosed or accessed by an unauthorized third party, or if the password is being, or is likely to be used in an unauthorized manner. Please ensure that the details you provide Us with, are correct and complete, and inform Us immediately of any changes to the information that you provided when you registered. You can access and update the information you provided Us with in the Account section of the Site. Ensure that you exit from Your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by Us or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time, with or without notice to you.
INTELLECTUAL PROPERTY RIGHTS& CLAIMS
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is Our property, or the property of Our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. The compilation of all content on this Siteis Our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on this Site is also Our exclusive property, or the property of Our affiliates or software suppliers, and is protected by Indian and international copyright and authors’ rights laws.
You are hereby granted a limited license to access and make personal use of this Site, but not to download or modify it, or any portion of it, without Our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site, without Our express written consent. You may also not create and/or publish your own database that features substantial parts of Our Site, without Our written consent. This is not applicable with regard to the Content uploaded by you on Our Site.
We and our affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write us an email on the email address of the Grievance Officer.
The marks indicated on our website are trademarks or registered trademarks of Us, or Our affiliates. The graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Us. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.
LICENSE TO USE THIS SITE
We grant you a limited license to access and make personal use of this Site, but not to download (other than page caching) or modify it, or any portion of it, except with Our written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools.
This Site or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent and/or Our affiliates’ written consent, as may be applicable.
You will not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) that belongs to Us or Our affiliates, without express written consent. You will not use any metatags or any other ‘hidden text’ utilizing Our or Our affiliates’ names or trademarks or logos, without express consent thereof. Any unauthorized use terminates the permission or license granted by Us or Our affiliates, as applicable, to you.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of our Site as long as the link does not portray Us, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use Our logo or other proprietary graphic or trademark as part of the link, without express written consent of Our affiliates or Us, as may be applicable.
For all purposes, this websiteis the property of Luxury Canvas,a proprietorship firm established under the Laws of India. You may not use this websiteor services rendered therein in any way that causes, or may cause, damage to the websiteor impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
This Sitecontains material which is owned by or is licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Using our services does not give you ownership of intellectual property rights in our services or the content you access. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorized use of this websiteby the user/client shall be a criminal offence and may give rise to a claim of damages.
YOUR CONTENT AND INFORMATION
You own all of the content and information that you post on Our Site. In addition, please see the below:
- For content that is covered by intellectual property rights, such as photos and videos (IP content), you specifically grant Us a non-exclusive, transferable, sub-licensable, royalty free, worldwide and perpetual license to use any IP content that you post on or in connection with the Site (IP License).
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others, except as required under lawful orders of a court or other such legal authority).
YOUR OBLIGATIONS / CONDUCT
You must not use this Sitein any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer/mobile to us and you must use this Sitefor lawful purposes only.
You must not use the websitefor any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing;
- ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right
- or is otherwise injurious to third parties
- or relates to or promotes money laundering or gambling
- or is harmful to minors in any way
- or impersonates another person
- or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States
- or objectionable or otherwise unlawful in any manner whatsoever
- or which consists of or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
- to cause annoyance, inconvenience or needless anxiety
USER’S/CLIENT’S RISK AND RESPONSIBILITY
- With regard to the information found on this Siteincluding user’s/client’s/beneficiary’s information, we or any third party provide no warranty/guarantee as to the accuracy, timeliness, performance, completeness or suitability. The user/client has to exercise caution while accessing/using information found on this website and the same is entirely at his/her risk. The websitedoes not bear any liability for the same. It shall be user’s/client’s responsibility to ensure that any products, services or information available through this Sitemeet their specific requirements.
- We shall not bear any responsibility for the services provided by any third parties to this agreement even if they are in association with Us.
- From time to time, this websitemay also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
REGISTRATION AND USE:
(i) In order to avail Our Services, You will be required to register with Us and be subject to our verification process. We may, in our sole discretion, permit or deny your registration. The membership of Luxury Canvas is available only to those who are above the age of 13 (Thirteen) years, excluding such persons who are incompetent to contract under the Indian Contract Act, 1872, which include inter alia persons of unsound mind and persons who are disqualified from contracting by any law to which they are subject to.
Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13.
Thirteen to Eighteen. Prospective users between the ages of 13 and 18 can only use the Our Services under their parents or legal guardian’s supervision. If you are between the ages of 13 and 18, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at email@example.com
(ii) You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. You agree to:
- provide true, accurate, current and complete information about yourself (“User Information”)as prompted by the sign-up process
- Maintain and promptly update the User Information provided during sign up to keep it true, accurate, current, and complete. In the event that you provide us with false and/or inaccurate details or We have a reason to believe that false and inaccurate information has been furnished, We reserve the rights to in its sole discretion, permanently suspend your account.
(iii) While We work to protect the security of your content and account, We cannot guarantee that unauthorized third parties will not be able to circumvent its security measures. Please notify Us immediately, at firstname.lastname@example.org, in the event of any compromise or unauthorized use of your account. You are also responsible for ensuring that only authorized individuals have access to your account and for all actions taken or content added through your account.
(iv) By accessing Our Website or availing the Services and providing us with the User Information, You agree that
- we can send you communications about Us or the Services
- You may be contacted by our service providers, or us whether by phone, mobile phone, text (SMS), email, postal mail or otherwise.
(v) We do not approve, control, or endorse any User Information and has no obligation to do so. However, We reserve the right (but assumes no obligation) to remove or modify any User Information for any reason, in its sole discretion, including any content which it believes violates the Terms.
(vi) When You provide User Information via access to Luxury Canvas or via our Services, you grant Us a royalty-free, perpetual, irrevocable and sub-licensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use Your User Information in connection with access to Luxury Canvasor our Services. We will not pay you or otherwise compensate you for the content you provide to it.
(vii) You understand and agree that any User Information that you post or submit to Us may be redistributed through the internet and other media channels and may be viewed by the general public.
- In order to make payments online, you undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that:
- You are legally authorized to provide such Payment Details
- You are legally authorized to perform payments using such Payment Details;
- The respective Vendors shall provide the payment receipt for completion of a transaction and the Company shall provide the transaction summary. The payment receipt and transaction summary shall be made available on the Platform and sent to your registered email address.
- Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because:
- Your payment card or bank account or third-party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided
- You have not provided the Company with correct Payment Details
- Your payment card has expired
- Or circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of this Sitemay post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, We reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of us violates these Conditions of use and, or terminate your permission to access or use this Site.
If you do post content or submit material, and unless we indicate otherwise, you
(a) grant Us and our affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) We and our affiliates and sub-licensees shall have the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Us, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Site; that, as at the date that the content or material is submitted to Us:
- the content and material is accurate;
- use of the content and material you supply does not breach any applicable policies or guidelines of ours and will not cause injury to any person or entity (including that the content or material is not defamatory);
- the content is lawful. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
CLAIMS AGAINST OBJECTIONABLE CONTENT
If you believe that any content on this Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing;ethnically objectionable, disparaging; or is otherwise injurious to third parties;
- Or relates to or promotes money laundering or gambling;
- Or is harmful to minors in any way;
- Or impersonates another person;
- Or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States;
- Or objectionable or otherwise unlawful in any manner whatsoever;
- Or which consists of or contains software viruses, (” Objectionable Content “),
Please notify us immediately by sending us an email to email@example.com. Once this procedure has been followed, we will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
RECORDS AND CONTENT
- The user/client/beneficiary or persons authorized by them may be asked to enter personal information including medical records on the websiteor its services. Personal Information means and includes all information that can be linked to a specific individual or to identify any individual, such as name, address, mailing address, telephone number, e – mail address, credit card number, cardholder name, expiration date, medical scans, reports, prescriptions or any information requested from the user/client while visits/usage of the websiteor its services.
- The user/client consents to receive electronic communications and agrees that all agreements, notices, disclosures and other communications that we provide to you satisfy any legal requirement that such communications be in writing.
- By registering for this service, you are opting in to receive communication from us on the email and phone numbers listed on your account, which are deemed to be important for the health of your account. You can opt out of these by writing to firstname.lastname@example.org.
We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.
INDEMNITY AND RELEASE
You shall indemnify and hold Us andOur affiliates, and their respective offices, directors, agents and employees, harmless, 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 these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or third-party rights;
You hereby expressly release Us and/or Our affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequences, and specifically waive any claims or demands that you may have, in this behalf, under any statute, contract or otherwise.
We will not be responsible for any business loss, indirect or consequential loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expense), that is not reasonably foreseeable to both you and Us when you commenced using the Site.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these Terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.
If you violate the letter and/or spirit of these Terms, or otherwise create risk or possible legal exposure for Us, We can stop providing all or part of the Site to you. We may also delete or disable your account at any time.
GOVERNING LAW AND JURISDICITON
These Terms are governed by, and construed in accordance with the laws of India. You agree, as We do, to submit to the exclusive jurisdiction of courts at Hyderabad, Telangana, India.
The Grievance Officer can be contacted to report abuse, or to complain against any Content hosted, transmitted, published, updated or shared on Our Site, in the event there are some concerns regarding such Content. This can be sone by writing to us at email@example.com.