Terms and Conditions

Kretee is an establishment that provides you with the use of the Website __________________ (“Website”) for the promotion, sale, and purchase of art. By visiting this Website, you are explicitly accepting the terms and conditions (“T&C”) mentioned herein. These T&Cs shall apply to all the purchases that will be made by you using the Website. 

 

These ‘Terms of Use’ are in a digital medium and constitutes an electronic record. This electronic record may be changed by Kretee from time to time without any notice. The responsibility of periodically reviewing the T&C lies with you and your continued usage of this Website shall imply your acceptance of the modified terms. The electronic record generated herein is through a computer system and does not require any physical or digital signatures. 

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USAGE

With the use of this Website, you agree to be bound by the following:

1. You shall not try to obtain any unauthorized access to any profiles, user accounts, financial information, personal details, blogs, bulletins, or other areas of the Website with an attempt to change passwords or gain personal identifying information for any purpose.

2. You shall not introduce software viruses to the Website or make any alterations to the computer code, files or programs that will hinder, interrupt or restrict the working of the Website.

3. The Website is used by individuals to display their art and put them up for buying. The art is the property of the artist and you shall not in any manner infringe any Intellectual Property Rights (copyright, patent, trademark or trade secrets) associated with the Website.

4. You shall not upload any information or product that may be offensive to any community on the basis of, including without limitation, gender, race, sexuality, and ethnicity. You shall not promote any form of illegal actions including, without limitation, pedophilia, racism, hatred against any group, bigotry, or individual.

5. You shall not post or spread, in any manner, any information that might harm the reputation of Kretee (this shall include, without limitation, harassment, defamation, libel, blasphemous, pornography obscenity, infringement of privacy).

6. Your actions shall not interfere or restrict another user from utilizing the services under the Website for their requirement.

7. All information provided by you, whether personal or regarding the product sold by you, should be true and accurate. You shall not impersonate any other person to gain access to the Website.

8. You shall not indulge in any activity that might result in Kretee losing its internet service provider or any other services.

9. You shall not collect, use or transfer any information that belongs to a third party, is misleading, is against the law, is harmful to any individual, harasses another person or for any activity.

10. You shall not indulge in any activity that is against the applicable laws.

11. You shall not engage in activity associated with the Website, commercial or otherwise, without the prior written consent of Kretee. 

12. You shall not indulge in any activity that may lead to junk mail and spams being received by users, deceives or misleads the Website users about the origin of such emails or messages.

13. You shall not, without the prior written consent of Kretee, engage in any form of advertisement, or solicit other users of the Website to buy your products or sell their product through any medium other than the Website.

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ELECTRONIC COMMUNICATIONS

All the communications between you and Kretee will be done electronically. By visiting the site, you consent to receive communications in the form of emails and messages from us. Our communications might also be in the form of posting notices on Kretee’s Website. You hereby agree that all agreements, notices, or any other forms of communication satisfy any legal requirement.

 

INTELLECTUAL PROPERTY RIGHTS

All content displayed on the Website, including, without limitation, the logos, text, illustration, graphics, images, is the property of Kretee or the suppliers of the artwork. Kretee’s logo and other marks used on the Website are the trademarks of Kretee. You shall not use Kretee’s logos or any intellectual property right without the prior written consent of Kretee.

 

You shall not copy, transmit, reproduce, damage, republish, distribute, upload or post any material in any manner, directly or indirectly. Any use of the Website, which is not personal or non-commercial, without the prior written consent of Kretee, is prohibited.

Copyright Complaints

 

If you have any concerns regarding the ownership of any copyrighted information or product on the Website and believe that your work has been copied or your Intellectual Property right has been violated, please reach write to us at _______________.

 

MEMBERSHIP 

Currently, Kretee does not charge any membership fees from its buyers and the suppliers. Kretee may, at its discretion, impose an amount as the membership fee at any time without any advance notice. Your continued usage of the Website will be considered as consent to the fees and shall be liable to pay the same within a specified time. This fees may be changed as per the directions of Kretee. A notice of implementation of the membership fees shall be posted on the Website and the same shall be effective as indicated in the notice. Failure to pay the membership fee at the time of imposition will prompt Kretee to remove the concerned artists work from the Website.

You shall not attempt to gain unauthorized access to the Website membership by any illegal activities.

 

DISCLOSER BY KRETEE

You understand and acknowledge that Kretee retains the right to disclose any information, including, without limitation, your identity, any information regarding an illegal activity, as may be required by the applicable law. 

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CONTENT OF THE PRODUCT

You understand that Kretee has no obligation to monitor the artwork displayed on the Website. However, if Kretee encounters any product that is offensive in nature or is in violation of any terms of this Terms of Use, Kretee shall have the right to remove such products from the Website, without notice to you. Notwithstanding anything contained herein, you shall, at all times, remain responsible for the contents of the product uploaded on the Website. 

It is hereby clarified that the information or product displayed on the Website does not reflect the view of Kretee and, therefore, Kretee shall, in no event, be held liable or responsible for any damages suffered due to the content uploaded on the Website. You hereby represent and warrant that the content uploaded on the Website does not infringe the proprietary or other rights of third parties. 

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DISCLAIMER

Please note that despite Kretee’s best security measures, you may be exposed to offensive or obscene material that may be posted by another user or a hacker of the Website, or have your personal information accessed and misused due to your use of the Website. You acknowledge that Kretee is not responsible of such violations. You are advised to be cautious about the type of information that you choose to disclose to the public through the Website. Please note that Kretee shall take all reasonable steps to ensure the security of the information shared with us,  but cannot be held responsible for any attack or hacking of the Website.

 

CONTENTS POSTED ON SITE

All the photographs and artwork ("Material") are the property of the sellers, third parties or users of the website; and Kretee has no control over the material uploaded by such parties. Kretee is merely a platform provided for the artist to find potential sellers for their art.

No part of the Website or the content uploaded on it shall be copied, posted, showcased, transmitted, reproduced, or duplicated, in any medium for any reason other than expressly authorized by Kretee. In the event any image is copied from the Website, the proprietary legend on the same shall not be removed. The copied work shall not be modified or used for personal gains. 

 

ACCESS TO THE SITE AND LICENSE

Kretee hereby grants limited license for you to use this Website. You are not to download or change the Website or any portion of it. You shall not copy, reproduce, sell, duplicate or exploit this Website for any purpose. You agree not to frame or use framing techniques to encompass any trademark, logo, and other proprietary information of Kretee. The license will automatically be terminated for any unauthorized use of the Website by you. The license granted to you is limited, non-transferable, non-assignable, non-exclusive and revocable.

 

Once your product is published on the Website, you agree to grant Kretee a perpetual, nonexclusive, royalty-free, fully sub-licensable and irrevocable right to use, modify, reproduce, publish, adapt, translate, derive from, display and distribute the content through any media for as long as it is permitted by law. Your name, as selected and submitted by you, shall be published on the Website. You represent and warrant that the product is owned by you; you have the right to publish the same on the Website; that the information provided is accurate; is legal; does not violate any policy, does not cause any harm or injury to any person or entity; and that you will indemnify Kretee for all claims that may arise due to your product. Kretee only has the right, but no obligation, to monitor, supervise and edit or remove any content, therefore, Kretee does not take any liability for the material/content uploaded by you or third party on the Website.

 

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

By using the Website, you undertake the responsibility to keep your username and password confidential. You will, thereafter, be held responsible and liable for all the activities that occur under your username. Kretee has the right to terminate, suspend or block your use of the Website if Kretee is of the view that the information provided by you is inaccurate, false, incomplete, misleading or outdated.

 

If you are a minor, you shall use the Website with the involvement of your parent or guardian. Kretee shall not be held responsible for any conduct of a minor. However, Kretee shall have the right to terminate such account if Kretee becomes aware of such an instance. 

 

You shall not make use of the Website to interrupt, damage or impair the working of the Website in any manner. You will be held responsible for all electronic communications and content sent from your computer to Kretee. You hereby agree to use the Website for lawful purpose and in accordance with the applicable law. 

 

You should refrain from the following uses of the Website:

• For any illegal, abusive, offensive, harassing, indecent, misleading, defamatory, obscene, disparaging, provocative or intimidating content/ material;

• Breach of any Intellectual Property rights including, without limitation, copyright, logos, trademark; 

• Breach of any confidential or personal information or any privacy obligations; 

• To harm or injure any person or entity; 

• Use or publish any objectionable and unlawful content/ material; 

• For activities that consist of software viruses, chain letters, political campaigning, spams or commercial solicitation;

• For any fraudulent, criminal and unlawful activity.

 

DISCLAIMER OF WARRANTIES AND LIABILITY

Kretee makes no representations or warranties, express or implied, as to the working of the Website or any information, content, materials, or products that are published or included on the Website. You agree that the use of this Website by you is at your own risk. The Website provided by Kretee is “as is” and on “as available” basis. Kretee has the right to at its discretion to withdraw or delete, at any time, any information from the Website.

 

Kretee does not warrant that the Website will be made available without any interruptions, constantly, or with any complete, true and accurate information. Kretee does not warrant that the Website, the use of it or any communications sent through it are free of viruses or other harmful components. Nothing displayed on the Website shall be considered to be advice of any kind. Kretee will not be held liable for any damages that arise from the use of the Website. 

 

To the extent permissible by applicable law, Kretee disclaims all warranties, whether express or implied, including, without limitation, merchantability, quality and fitness of the product.  The products sold on the Website shall be governed by the separate laws of the State or the country. Therefore, some or all the products may not be available for purchase or sale in that region, subject to the applicable laws. 

 

It is mandatory to enter your valid phone number, address and other required information while placing an order through the Website. This is to ensure that you are constantly updated about your order and to double-check that the order has been placed by you. 

 

PAYMENT

The payment method provided on the Website shall be at the discretion of Kretee. Kretee may, at any time, remove the existing payment method and introduce a new one.

 

Kretee cannot be held liable for any direct or indirect damages resulting from of the following:

1. Payment declined by your bank for any reason;

2. Failure to receive the OTP on time;

3. Lack of authorization to proceed with any transaction/s;

4. Exceeding the transaction limit provided by your bank;

5. Incorrect details provided by you;

6. Any other payment issues arising out of the transaction.

 

Kretee may, at its discretion, request you to provide supporting documents to confirm the ownership account or any other medium through which the payment was made. This is done to ensure safe online transactions.

The use of the payment mechanism on the Website shall not render Kretee liable for the issues in delivery, non-delivery, non-payment, non-receipt, breach of representations and warranties, damage, or fraud associated with the products available on the Website.

 

By accepting these Terms of Use you agree that Kretee is an independent contractor and shall not be held responsible or liability for the use of the products that are listed on the Website, in any manner, that are paid for by using the payment mechanism. Kretee hereby does not guarantee the identity of any seller on the Website.

 

You understand that Kretee makes use of third party software to obtain payment for the products and, therefore, shall not be held responsible for any loss of money or wrongful transfer that might take place while purchasing a product. Kretee does not guarantee that the transaction will be completed.

You hereby agree to the following:

1. It is necessary to pay in advance, through the payment mechanism, to initiate a transaction and place an order. By doing so, you are entering into a contract with the seller of the product and shall pay the price for the product through your issuing Bank account. 

2. You are entitled to claim refund, equivalent to the value of the product, if any transaction does not reach you on time. However, Kretee will keep you updated in the event there is any delay in the delivery of the product. You will not be entitled for a refund in the event you fail to raise any claim for refund.

3. Refund, if any, will be made to your bank account from which the payment was made for purchasing the product, through any funds transfer system that is approved by Reserve Bank of India (RBI).

4. Refund will be made in the same currency in which the payment was received from you.

 

Kretee reserves the right to restrict the number of transactions and the price that Kretee may receive from the same Debit Card/ Credit Card/ Net banking / any other payment medium approved by Kretee. Kretee may refuse to process any transaction for any potential buyer if Kretee becomes aware of any non-compliance or breach of any agreement by the buyer in the past. 

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Kretee may conduct checks before any transaction is approved and may reject the order if Kretee is not satisfied with the credibility of the buyer. For this reason, Kretee may delay sending out confirmation emails.

 

You agree and acknowledge that Kretee shall not be held responsible or liable for any claims, damages, fees, expenses, interests, etc. that may arise due to delay in the processing the transaction or the fees; or failure to process the transaction or the fees. 

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All the online payments made by the buyer, i.e. through Credit Card/ Debit Card/ Net banking etc., shall be bound by the terms and conditions agreed to between the buyer and their bank.

 

Disclaimer: The pricing for a product on the Website may be reflected incorrectly due to technical issues, typographical error or incorrect product information published. In such an event, Kretee has the right to cancel any such orders placed due to the erroneous information reflected on the Website and refund any advance paid in full.

 

DESCRIPTION

Kretee intends to provide this Website as a platform where the sellers can showcase their products and sell them to the potential buyers. Kretee, in no event, shall be considered a monitoring or controlling party to the transaction that takes place between the buyers and the sellers.

 

Kretee does not provide any warranty regarding the specificities of the product such as quality, size, texture, value, etc. of the product sold on the Website. The details of artwork are provided by the supplier or the owner of such artwork. Kretee does not promote, endorse, advertise or support, directly or indirectly, any product that is put up for sale on the Website.

 

Kretee does not guarantee that the responsibility of the transaction entered into by the buyer and the seller will be fulfilled by either of the party. Therefore, Kretee cannot be held liable for any non-performance or violation or breach of the obligations and responsibilities of either party. Kretee will not act as a mediator to resolve the issues between the buyer and the seller. Kretee’s responsibility shall be limited to the refund of the amount already paid in advance by the buyer.

 

Kretee may take in its possession the product of the seller. However, Kretee does not, and will not, claim any right, title or interest over any of the products sold on the Website. 

 

Kretee will endeavor to keep its inventory updated. However, Kretee cannot be held responsible if the product purchased by the buyer goes out of stock. 

 

Kretee does not warrant that information and the content published on the Website will be accurate, current, complete, reliable, or error-free. Kretee may undertake maintenance, repair and modifications and upgradation of the Website, due to which your access to the Website may be restricted or suspended shortly without any prior notice. Kretee will attempt to cause minimum hindrance while carrying out the above-mentioned activities.  

 

You hereby agree to indemnify and hold harmless Kretee against any and all claims that may arise due to your misuse of the Website. You further agree to waive any claims that you have against Kretee in this regard, to the extent permitted by the applicable law.

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PRIVACY

While using the Website, your personal information may be shared with Kretee such as phone number, address, credit/ debit card numbers. Kretee hereby confirms that your personal information is of utmost importance and we shall ensure its privacy from our end. Please refrain from using Kretee’s Website if you object to the sharing and collection of your personal information.

Kretee may share your address and contact number with the sellers for processing the delivery of your order. We have adequate confidentiality obligations executed by our sellers to ensure that your personal information is not misused. However, Kretee cannot be held liable and responsible if the seller uses your personal information for any mischief or wrongful act that might cause damage to you.

Kretee may, in future, face acquisition, merger, take-over, re-organization, amalgamation or any reconstruction of business. In such event, you acknowledge that Kretee will transfer your personal information to such new entity associated with the same business. However, the new entity shall be bound by the privacy obligations of the applicable laws.

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SELLING

If you are registered as a seller with Kretee, you will be allowed to sell your product on the Website in accordance with the policies of Kretee. You must ensure the following:

1. You are the legal owner of the product or have been authorized by the owner of the product to sell; 

2. You have the right to sell the product;

3. Your product does not infringe any third party Intellectual Property rights; 

4. Information provided about your product must be correct and accurate and not misleading;

5. All the mandatory fields are filled in at the time of listing your product;

6. Your product must be in stock/ available for sale at the time of listing on the Website; 

7. Each product must be listed only once under the appropriate category;

In the event multiple listings are found of the same product, Kretee reserves the right to delete such multiple listings without notice.

 

INDEPENDENT SELLER

The seller of the artworks acts on their own accord. The relationship between the seller and Kretee is strictly that of principal-to-principal basis. Nothing is deemed to constitute or imply any other legal relationship such as principal-agent, master-servant or otherwise. 

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INDEMNITY

You hereby agree to indemnify and hold harmless Kretee, its employees, partners, agents, owners, directors, officers, affiliates, subsidiaries, group companies (as applicable) from any claim, action, loss, fee, fine, cost or demand (including reasonable attorneys' fees) made by any third party due to your breach of: (a) the Terms of Use; (b) any other policy of Kretee; (c) violation of any law, rules or regulations; (d) breach of any other contract executed with Kretee; or (e) infringement of intellectual property rights of any third party.

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LIMITATION OF LIABILITY

IN NO EVENT SHALL KRETEE BE HELD LIABLE FOR ANY PUNITIVE, 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.

 

WARRANTY

Kretee does not warrant that the description of the product available on the Website is correct, accurate, complete, up-to-date, reliable and without any error. Kretee does not take any liability in this regard.

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USE OF LANGUAGE

You shall not at any time use any profanities (including, without limitation, racist, hateful, sexual, vulgar, offensive or obscene language) on any part of the Website. Kretee shall have the right to suspend/ deleted the account, at its discretion, where any such language appears. 

 

You shall report to Kretee if you come across any texts that contain any offensive language, whether in the name of another user or the contents of any product details.

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RETURN AND REFUND POLICY

You shall return the product in the following event:

1. Defective product

2. product damaged during shipping

3. Wrong product

Since the products available on the Website are artwork, the return of the product can only be compensated with a refund of the amount. Kretee does not guarantee the replacement of the product. Where any of the above-mentioned instances occur, you shall raise a request to return within 2 days from the receipt of the product. 

In the event a wrong order is placed by you, and the same is delivered to you without any damages or other problems, then you shall not be liable for any return and refund. 

Shipping cost for returning the product to the seller or Kretee shall be borne by you.

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DISPUTES AND GOVERNING LAW

A disagreement may arise between parties by the use of the services under the Website. Kretee encourages that such dispute must be brought to the attention of Kretee by writing at team@kretee.in. 

 

The Terms of Use are governed by the laws of India and you hereby consent to submit to the jurisdiction of the courts in Bangalore. 

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SITE POLICIES, MODIFICATION AND SEVERABILITY

Kretee may introduce additional policies that may govern the use of the Website by its buyers and sellers. These policies shall be updated to the Website from time to time and shall bind all the user of the Website. Kretee shall, at its discretion, amend, add, deleted, replace change or modify any portion or the entire Terms of Use or any other policy uploaded on the Website. Your continued use of the Website shall be an implied acceptance of such new terms and policies.