Terms of service
This Terms and Conditions of Use Policy was last updated on 12th February 2022.
Copyright 2022 Empyrean Arts. All Rights Reserved.
USING OUR SERVICES/SIGNING UP AS A USER:
As a User will you will be able to browse, view and use some of the Services available on the Website. Users can view all the products, customize them, add products to the cart, provide billing, shipping address and pay for them. During check out, however, it is mandatory for users to enter their email address and mobile number for tracking purposes. As mentioned above it is not mandatory to sign up and create an account to use the Services or Website but if you wish you could sign up and create an Account. It is, however, mentioned that you will not be able to use some Services such as view billing history, refer a friend and earn rewards if you have not signed up and created an account.
To use the services without signing up or creating an account and signing up you represent and warrant that:
if you are an individual then you are of legal age and competent to contract as per Applicable laws in and outside India and have the authority to enter into this Agreement. We reserve the right to terminate Your Account and/or refuse to provide You with access to the Services if it is discovered that You are under the age of 18 (eighteen) years or any information provided by You is inaccurate. It shall be Your sole responsibility to ensure that You meet the required qualification.
if you are using the Services or signing up on behalf of an entity then such entity is a legal entity authorized to do business in India/abroad and you have an authority to enter into this Agreement which shall be binding on the legal entity;
all the information provided in connection with your billing information such as name, billing address, and credit or debit card information is correct, verified and true.
You shall not create an Account for anyone other than yourself without such person's prior written permission;
use a User Name that is the name of another person or entity with the intent to impersonate that person or entity
use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or
use a User Name that is a name that is otherwise offensive, vulgar or obscene, or otherwise unlawful.
We reserve the right to suspend or terminate your Account and/or your access to the Website and Services if any information provided by you proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password or other personal/financial details. You agree that you will not disclose your password/financial details to any third party and that you will take sole responsibility for any activities or actions under your Account or on the Website whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account or any authorized use of your personal/financial details.
You shall create an Account on the Website and shall ensure that all information so uploaded/entered is true and accurate. Any errors must be reported immediately or corrected. You are responsible for the correctness of your data and shall only upload information that does not infringe upon the rights of third parties.
You represent that you shall not use the Website in violation of any applicable laws or any other code of conduct.
We do not charge any fees to users for browsing and/or registering on the Website. We may at our sole discretion introduce new services and modify some or all of the existing services offered. In such an event, we reserve the right to introduce tariffs for registering on the Website or introduce tariffs for existing or future services, as the case may be. Changes to the tariff policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website and upon your continued use of the Website and/or Application.
SERVICES OFFERED ON THE WEBSITE:
Services available on the Website include some of the following,
Signing Up: As mentioned above, Users may use the Website to register by creating an account.
Browse Artwork: You will be able to browse and have access to artworks like images of fine art, photographs, etc. uploaded on the Website. There are a larger number of categories and curated sections that can be accessed through the menu or from the website home page.
Print Artwork: You will be able to select any Artwork which you wish to purchase and have the same printed and framed with the options made available in product details. We strive for a high degree of image accuracy. However, in some cases, the visual representation may be approximate. Occasionally, minor modifications occur between printing runs. There could be a difference in the shades of the printed images as compared to the shades of the images as they appear on the screens of a laptop, mobile phone, or other electronic/digital devices.
Original Handmade Art: You will be able to browse various categories of original art made by artists and choose to have it framed before buying as and when we provide it on the website as a product.
Gift Card: When available, you could purchase an e-gift card for someone and send it to them for an occasion. You will be able to use this feature only if you have signed up and created an account. At the time of purchasing the e-gift card, you will need to mention the correct details of the person to whom the e-gift card is being gifted. Please note that the e-gift card and the coupon code for using the e-gift card will be sent to the email address of the person who is being gifted the e-gift card. So kindly ensure that the email address is provided at the time of purchasing the e-gift card is correct. The person will be able to use the e-gift card only if they receive the coupon via email. We will not be responsible if the email address provided by you of the recipient of the e-gift card is incorrect. Further, please note that the e-gift card shall be valid only for a period of one year from the date on which the e-gift card is sent to the email address of the recipient to whom the e-gift card has been gifted.
'Cash on Delivery' Mode of Payment: Empyrean Art is pleased to offer Cash on Delivery (COD) as one of the payment options for a seamless experience.
On placing an order upon checkout, you will be prompted to select a payment method. Choose ‘Cash on Delivery (COD) to avail of this payment mode.
Collection of Payment on Delivery:
Once your ordered product(s) is ready for delivery, our designated Courier partner shall contact you to slot a time on the delivery day they will be able to deliver your package and collect the payment.
Customers are expected to prepare the amount due for collection at the time of delivery.
To facilitate a faster and smoother 'Cash on Delivery' experience it would be appreciated if you could prepare the exact amount to be collected; alternatively, you can also advise the courier delivery attendant to prepare change for a specified amount once they contact you for delivery schedule.
Can a Customer refuse to pay and receive a COD Order?
Yes, but the only valid reason to refuse to receive and pay for a COD order is for the wrong product(s) or damaged products delivered i.e. orders delivered are not what was actually ordered.
In this case, kindly inform the Courier attendant of the reason for refusing to receive and pay so that the order can be returned to us quickly for immediate remediation.
Becoming an Empyrean Affiliate (Affiliate Program): Should you choose to join our Affiliate Program, you will need to register as an "Affiliate" and create an Affiliate account on our website.
NOTE: CURRENTLY THE AFFILIATE PROGRAM IS ONLY ELIGIBLE FOR INDIAN CITIZENS.
1. Approve or Reject the Registration: We reserve the right to approve or reject any Affiliate Program Registration at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
2. Affiliate Coupon Code: The Affiliate will be assigned to one coupon code with details and usage clarified on the Affiliate Dashboard. To be eligible for receiving a commission, your referral must use your assigned Affiliate coupon code during Checkout.
3. Commissions and payment
- Use of the Affiliate Program is subject to a fair usage policy which gives the merchant the right to review each and every referral order.
- Each Affiliate on successful registration will be granted access to their own unique Empyrean Affiliate Dashboard. Note: Each Affiliate creates their own Login credentials at the time of registration, we don't have access to them. Hence in case you have forgotten the password, you will need to use the system prompt and reset your affiliate login password.
- When your Referred customer makes a purchase on our website using your assigned coupon code, you will get a commission amount based on our Commission structure.
- Commission Structure:
- The Commission amount is calculated on the pre-tax order value.
- Note: TDS (Tax Deducted at Source) if applicable will be deducted prior to payouts.
- Payouts (if any) will be processed in the first week of every month for affiliate transactions successfully completed in the previous month.
- For an Affiliate to receive a commission payout, you need to specify complete and accurate beneficiary bank account details at registration. Note: we will not be responsible for payout in case of inaccurate or incomplete details.
- A payment schedule will be notified on the Affiliate Guide page.
- Payments will only be sent for transactions that have been successfully completed.
- Transactions that result in chargebacks or refunds will not be paid out.
- The status of commission is displayed in the Commission tab, any paid commission will be listed on the Payment tab.
4. Marketing tool: We may share promotion media such as banners, or specific collection promotions with you through the Marketing tool tab. You can download the media or get the HTML embed code for sharing.
5. Removal from Referral Program: If an affiliate wishes to be removed from the affiliate program, they can do so by contacting email@example.com
6. Retaining an 'Affiliate' Status: To retain an active affiliate status, you will require a minimum of 2 successful sales each month after being provided with your Coupon Code.
Go forward and refer!
We are glad you have chosen to join the Empyrean Signature Affiliate Program. We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send an email to firstname.lastname@example.org for support.
THE MANNER TO USE OF THE WEBSITE:
Your use of the Website shall be subject to the following restrictions,
You will not delete or modify any content on the Website including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos;
You will not decompile, reverse engineer, disassemble the Website, or remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use Website in any manner that may be harmful to the operation of the Website or its content;
You will not use Website and/or Services in any way that is unlawful, or harms Empyrean Arts or any other person or entity,
You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet and
You will not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which You do not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
GRANT OF RIGHTS
Website: This website is owned and operated by Empyrean Arts. We own all rights, title, and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent, and other proprietary rights in relation to the Website, the present or future modifications/upgrades thereof, and standard enhancements thereto.
DISCLAIMER & ACKNOWLEDGEMENT: All of the images used in the artworks showcased on this website have been sourced online for the specific purpose of selling wall art to complement a broad range of interior designs. Many of these images are sourced for use under an open commercial license; we have not been granted explicit permission to use them. If you hold the copyrights to an image and wish that we discontinue the use of the artwork, write to us at email@example.com, and we will remove it immediately. On the other hand, if you are a designer, property owner, or a publication and love artworks showcased on this website, we would like to know about it too!
Intellectual Copyrights: We respect the intellectual property rights of others and respond to any claim that content posted/sold on our website infringes anyone's copyright or other intellectual property infringement ("Infringement"). Empyrean Arts presents both public domain and copyright protected artworks. The latter are showcased as per the fair use
principle as historically significant artworks, as used for informational purposes, as readily available on the internet, and as low-resolution copies, unsuitable for commercial use.
We respond to notices of alleged copyright infringement by removing copyright-protected artworks or blocking them for users from countries where infringement is alerted. In addition, we try to obtain the artists' permission to demonstrate their art and confirm it with a credit line. If you are the copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in any way that constitutes copyright infringement that is taking place through our website/store; you must submit your notice in writing to the attention of "Copyright Infringement" to firstname.lastname@example.org, and include in your notice a detailed description of the alleged Infringement. Please note, that you may be held accountable for damages (including costs and fees) for misrepresenting that any content is infringing your copyright.
Limited License to use the Website Content: We grant you a non-exclusive, personal, non-transferable, revocable, and limited right to have access to and make personal use of the Website and Services offered therein only for the duration you are registered as a User. You are, however, not permitted to reproduce, duplicate, copy, sell, or otherwise exploit the Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, or other content for any commercial purpose, except as expressly provided. You shall not copy, make derivative works, transmit, post, link, deep-link, redistribute, sell, decompile, modify, reverse engineer, translate, or disassemble the software embodied in the Website. These Terms do not and shall not transfer any ownership or proprietary interest in the Website to You, except as may be otherwise expressly provided herein or as may be agreed to by and between the Parties.
User Content: User Content may be defined to mean any materials you upload, post, or otherwise transmit to this Website including but not limited to images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof.
Guidelines for User Content: Users who wish to upload any User Content must adhere to the following guidelines. We reserve the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.
Ownership of User Content: Users must honor the intellectual property rights of others. Users shall not upload, post or distribute any User Content in which they do not own copyright. In addition, Users shall not upload, post, or distribute any User Content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name, or trade dress of any other person or entity, (iii) infringes any third party's rights of privacy or publicity or (iv) any third party intellectual property rights.
Commercial activity: Users shall not upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, "junk mail," "spam," "chain letters," or "pyramid schemes" or other such solicitations.
DISCLAIMER AND EXCLUSION OF WARRANTIES: If you choose to use the Website and/or Services offered, you do so at your sole risk. The Website, and the Services connected therewith and the information contained therein are provided on an "as is" and "as available" basis without any warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You expressly understand and agree that your use of the Website, Services, and products is at your sole risk. You are solely responsible for any and all acts or omissions taken or made in reliance on the Website or the Services offered therein or the information on the Website, including inaccurate or incomplete information. It is expressly agreed that in no event shall Empyrean Arts be liable for any special, indirect, consequential, remote, or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system.
The Website is designed primarily to be used on desktops, laptops, and tablets. Though it will work on smaller devices such as smart mobile phones, it may not give you the exact same experience usage as on desktops and laptops.
While it is our objective to make the Website accessible at all times, the Website or Services may be unavailable from time to time for any reason including, without limitation, routine maintenance, upgrade or any other reason. In addition, various portions of the webserver, and the hosting platform may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside our control, access to the Website or Services may be interrupted, suspended, or terminated from time to time. In particular, and not in limitation of the foregoing, Empyrean Arts shall not be liable in any way for any loss of business or any damages arising from any such interruption, suspension, or termination of Website or Services.
We make no warranty regarding the accuracy, timeliness, truthfulness, completeness, or reliability of any information or content obtained through the Website or Services.
We are not responsible for any malfunction technical or otherwise of any network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on our Website, including injury or damage to your or to any other person's computer, hardware, software or mobile phone as a result from using or downloading materials in connection with Website.
We expressly disclaim any liability for the consequences to you arising because of your use of the Website or Services offered therein. We expressly disclaim any liability for any incorrect information provided to you on the Website and for the quality of products or services you receive from the Website.
LIMITATION OF LIABILITY:
You expressly understand and agree that we shall not be liable for any indirect, incidental, or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from any use of the Website, Application and/or the Services and products (regardless of whether we should have known of the possibility of such damages). Regardless of the form of action (including negligence), in no event shall our aggregate liability arising out of or relating to the use of the Website and/or the Services and products exceed the aggregate amount paid by you to use or access the Website and/or the Services and products. Certain laws do not allow limitations as contained in the clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Empyrean Arts of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
TERMINATION / MODIFICATION / SUSPENSION:
We may at any time, terminate its legal agreement with you if you have breached any provision of the Terms (or have acted in a manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the terms).
If you wish to cease use of the Website you may delete your account from the Website.
We may update or change the Website or the Services offered therein from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of the Talent Platform after the Terms have been updated or changed constitutes your acceptance of the revised Terms.
Notwithstanding anything to the contrary in these Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend your use of Website or Services offered therein without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law, or (c) if performance of any term of these Terms by either Party would cause it to be in violation of the law.
Upon termination of your Account by Empyrean Art or deletion of the Account by you, your right to use Website or Services offered therein shall automatically terminate. You acknowledge and agree that your right to use the Website or Services offered therein is conditional upon your adherence to the Terms, the continuous activation of your Account, and payment of fees, if applicable. In the event of termination or deletion of the Account, will not have access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Empyrean Arts system. Upon Termination or deletion, the following shall occur: all licenses granted to you hereunder will immediately terminate. You further acknowledge and agree that we shall not be liable to you or any third party for any termination of your access to the Website or Services offered therein. Upon Termination, we retain the right to use any User Content collected from your use of Website, Application, or Services offered therein for internal analysis and archival purposes, and all related licenses you have granted us hereunder shall remain in effect for the foregoing purpose. You agree to indemnify and hold us, and our officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Terms or use of the User Content posted by you on the Website.
GOVERNING LAW AND JURISDICTION:
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Mumbai, subject to clause below, shall have jurisdiction.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of Website or Services offered therein or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be Mumbai, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
TRADEMARK/COPYRIGHT INFRINGEMENT TAKE-DOWN PROCEDURE:
Empyrean Arts has high regard for intellectual property and expects the same level of standard to be employed by the Users. We may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to Website or Services offered therein to Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied, uploaded, and posted on the Website or Application in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us immediately at email@example.com
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
A written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
Statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right.
In accordance with Information Technology Act 2008 and rules made thereunder, the name and contact details of the Grievance Officer is as follows:
Name: Kurt daSilva
Email Address: Admin@EmpyreanArt.Gallery
Contact Number: +91 9702821802
Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement, and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by e-mail or mailed by prepaid nationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth above.
Waiver: No term of the Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Force Majeure: We shall not be liable for any downtime or delay or unavailability of the Website or Services caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Assignment: You may not assign or sub-license, without the prior written consent of Empyrean Arts, the rights, duties, or obligations under this Agreement, in whole or in part, to any person or entity.