Terms and Conditions

Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of  www.arscolors.com 

Rights have been granted for the webpage www.arscolors.com (hereinafter referred to as “Website”) to ARS COLORS (“company” or “ARS COLORS” and its successors and assigns) and the users referred (“YOU”/”Your/yourself/users”) of the website describes the terms on which the company offers you access to the website. Kindly read the terms carefully to understand as using/accessing any information, material or services required through the website.

These Terms of Use (ToU) are provided by ARS COLORS and shall be binding on User(s) using the Webpage. 

Your use of the Webpage and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Webpage including Terms of Service and the applicable policies which are incorporated herein by way of reference. If you transact on the Webpage, You shall be subject to the Terms of Service and policies that are applicable to the Webpage for such transaction. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Webpage by providing Registration Data while registering on the Webpage as Registered User using the computer systems. You may surf the Webpage without registering on the same, but the User’s should register themselves in order to make purchases. You may also transact on the Web Page by loging in as a “Guest User” by using “One Time Password (OTP)” provided.

When You use any of the services provided through the Webpage, including but not limited to, Product reviews, Seller reviews, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We are entitled, at our sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound by such amended Terms of Use from time to time. Use of the Services by User following such notification constitutes User’s acceptance of the Terms and Conditions herein as modified.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBPAGE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by these Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time. 

Membership Eligibility

Use of the Webpage is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Webpage.

If you are a minor i.e. under the age of 18 years, you shall not register as a User of the webpage or shall not transact on or use the webpage. As a minor if you wish to use or transact on webpage, such use or transaction may be made by your legal guardian or parents on the Webpage. We reserve the right to terminate your membership and/ or refuse to provide you with access to the Webpage if it is brought to our notice or if it is discovered that you are under the age of 18 years and/ or are incompetent to contract.

Your Account and Registration Obligations

You agree that any use of the Webpage is at your own risk. If You use the Webpage, You shall be responsible for maintaining the confidentiality of your display name and password and for restricting access to your computer/password and You shall be responsible for all activities that occur under your display name and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, ARS COLORS shall have the right to indefinitely suspend or terminate or block access of your membership on the Webpage and refuse to provide You with access to the Webpage. 

Grant of License - Personal, Non-Commercial & Non assignable Use

By registering on the Webpage, You confirm that the use of the Webpage shall be for his/her personal purpose and not for any commercial purpose. You confirm that Your right to access, use, deal with or transact at the Webpage cannot be assigned to any other person and custody of User Id and Password to access, deal with or transact at the Webpage shall be the sole responsibility of You and You shall be responsible and liable for any misuse of User Id and Password assigned to You.

You agree, undertake and confirm that Your use of Webpage shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  • 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; or unlawfully threatening or unlawfully harassing;
  • is misleading in any way;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail,” “chain letters”, or unsolicited mass mailing or “spamming”;
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous-;
  • infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • contains video, photographs, or images of another person (with a minor or an adult).
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Webpage or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Webpage or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Webpage. Throughout these Terms of Use, prior written consent means a communication coming from ARS COLORS, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
  • solicits gambling or engages in any gambling activity which could be construed as being illegal;
  • impersonate another person;
  • 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.

Charges

Membership on Webpage is free for buyers. ARS COLORS does not charge any fee for browsing and buying on Webpage. ARS COLORS reserves the right to change the policy from time to time. In particular, ARS COLORS may at its sole discretion introduce new services and modify some or all of the existing services offered on the Webpage. In such an event ARS COLORS reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the policy shall be posted on Webpage and such changes shall automatically become effective immediately after they are posted. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to sellers on the Webpage.

Disclaimer of Warranties And Liability

All the materials and products (including but not limited to software) and services, included on or otherwise made available to you through Webpage are provided by Seller(s) on “As Is” and “As Available” basis without any representation or warranties, express or implied except otherwise specified in writing.

Without prejudice to the foregoing paragraph, ARS COLORS does not warrant that:

  • This Webpage will be constantly available or available at all; or
  • The information on this Webpage is complete or accurate

ARS COLORS shall not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with the Webpage. ARS COLORS does not warrant that this Webpage; information, content, materials, products or services included on or otherwise made available to you through this Webpage; their servers; or any electronic communication sent are free of viruses or other harmful components.

Certain third party services may also be available through Webpage/app/any web content. Usage and transaction with such third parties shall be subject to such third party’s applicable terms and conditions.

Customer Communication

When You use the Webpage, transact or send emails or other data, information or communication to us, You agree and understand that You are communicating with ARS COLORS through electronic records and You consent to receive communications via electronic records from ARS COLORS or authorized partner(s) periodically and as and when required. ARS COLORS may communicate with you by email or by such other mode of communication, electronic or otherwise.

Seller(s) or its authorised partners, will communicate with you about your order and the purchased Product through any of the mode using email, SMS, and telephone or all of them or any other mode. You must provide a valid email address and contact telephone and/ or mobile number to Shop for this purpose.

From time to time, you may also receive some marketing material from ARS COLORS . If you do not wish to receive such material, you may unsubscribe from mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care.

You agree that all agreements, notices, disclosures and other communications that provided to you electronically satisfy any legal requirement that such communications be in writing.

Limitation of Liability

In no event shall ARS COLORS its subsidiaries, affiliates, associated companies, accountants, advisors, agents, consultants, contractors, partners and/ or suppliers and their respective officers, agents, directors be liable with respect to the Webpage, products and/ or any services hereunder:

  • for any amount in the aggregate in excess of the price paid by User; or for any indirect, incidental, punitive, or consequential damages of any kind whatsoever including but not limited to loss of use, revenue or profit, good will and/ or other intangible losses arising out of or in any way connected with the use of this Webpage, Products and/ or the services and/ or the Agreement or with the delay or inability to use this Webpage, or for any information, materials and/ or Products uploaded, posted, emailed, transmitted and/ or obtained through this Webpage, or otherwise arising out of the use of this Webpage, whether based on contract, tort, negligence, strict liability or otherwise, even if Sellers, subsidiaries, affiliates, associated companies, partners and/ or suppliers had been advised of the possibility of damages. If You are dissatisfied with any content of the Webpage available herein or with any of these Terms & Conditions, Your sole and exclusive remedy is to discontinue using the Webpage.

IN NO EVENT SHALL ARS COLORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Links from the Webpage

This Webpage may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. ARS COLORS has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to this Webpage, you do so entirely at your own risk and subject to the terms and conditions of use for such sites and will be subject to such site’s terms and conditions.

Governing Law and Jurisdiction

The transactions on this webpage shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Specific performance and damages any other disputes arising in respect hereto shall be subject to the exclusive jurisdiction of the courts of Bhadohi

Contents Posted

No part of the Webpage and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Webpage or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent.

You may use information on the products and services purposely made available on the Webpage for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

Any User contributions you post to this Webpage will be considered non-confidential and non-proprietary. By providing any contributions on this Webpage, you grant ARS COLORS and its affiliates and service providers, and each of their and ARS COLORS respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content or information. By posting any contributions to this Webpage, you grant ARS COLORS , its third-party service providers who provide content management services, and its retail partners and any person acting on ARS COLORS or their behalf (collectively, the “Licensed Parties”) a perpetual, non-exclusive, non-revocable, worldwide right to use your contributions in any manner or media, including the right to adapt, modify, create derivative works, sublicense, assign and commercialize in any manner to be determined in the Licensed Parties’ sole discretion.

You hereby represent and warrant that (i) you own all rights in and to your contributions, (ii) you have permission from all person(s) appearing in your contributions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your contributions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold ARS COLORS , the Licensed Parties, and any person acting on ARS COLORS or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your contributions.

Privacy

Your privacy is very important to Us. The information/ data provided by You on the Webpage including any sensitive financial information (as defined under the Information Technology Act, 2000), shall be subject to ARS COLORS Privacy Policy.

Trademark, Copyright and Restriction

All material and content on Webpage, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by ARS COLORS or by other parties that have licensed their material to ARS COLORS . Material on this Webpage is both for your personal as well as commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise (including any promotion and/or marketing amongst others), is a commercial use for the purposes of this clause.

Indemnity

User shall at all times fully release, indemnify and hold harmless ARS COLORS, Seller(s), their officers, directors, agents, and employees, associate companies from any and all costs, losses, claims, demands, damages and liabilities, actions including costs and reasonable attorneys’ fees, made by any third party and/or penalty imposed due to and/or arising out of User’s breach of the Terms of Use and/or User’s violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User’s account, of any intellectual property and/or other right of any person and/or entity.

Force Majeure

ARS COLORS shall not be liable for any failure and/or delay on their part in performing any of its obligations under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by You by reason thereof if such failure and/or delay shall be the result of or arising out of Force Majeure Event set out herein.

Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of ARS COLORS , including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake , explosion, acts of God, civil commotion, strike, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Webpage/ Shop and/or contents provided for availing the products and/or services under the Shop, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of ARS COLORS which prevents timely fulfilment of obligation of ARS COLORS .

Termination And Survival of the Terms

ARS COLORS has the right to terminate, suspend, modify or withdraw the Webpage and/ or change the Terms anytime with or without notice. Without limiting the foregoing, ARS COLORS shall have the right to immediately terminate at any time your use of Webpage, in the event of any conduct by you, which ARS COLORS , in its sole discretion, considers to be unacceptable, or in breach of these Terms or for any other reason whatsoever.

You may terminate these Terms at any time, provided that you discontinue any further use of the Webpage. Nothing herein shall override or prejudice the rights of the owner of this Website and persons deriving rights therefrom, though the liabilities and responsibilities of this Webpage shall be the sole and exclusive to ARS COLORS, subject to the rights granted.

Jurisdictional Issues/Sale anywhere of the world

ARS COLORS is presented solely to be sale anywhere in the world. We make representation that materials in the Webpage are appropriate or available for use in other locations/Countries other than India also. Those who choose to access this site from other locations/countries other than India do so on their own initiative and we shall be responsible for supply of products ordered on the declared price on our website that includes shipping charges here it means as only courier charges  for door delivery with insurance, but excluding custom duties and other domestic charges of that country.