Website terms of use
This terms & conditions document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder 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, which require publishing the rules and regulations, privacy policy, and terms of use for access to or usage of the domain name www.Gimaart.com, a trading name of Gmaart Global, including the related mobile site and mobile application (hereinafter referred to as “Platform”).
The platform is owned by Gimaart Global (A Generation of India initiative), a company incorporated under the Companies Act, 1956, with its registered office at 6B, Bentinck St, Mission Row Extension, Kolkata 700001,West bengal
Your use of the Platform and services and tools is governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform, including the applicable policies, which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with Gimaart Global, and these terms and conditions, including the policies, constitute your binding obligations with Gimaart Global.
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 Platform by providing Registration Data while registering on the Platform as a Registered User using the computer systems. Gimaart Global allows the user to surf the platform or make purchases without registering on the platform. The terms “we,” “us,” and “our” shall mean Gimaart Global.
When you use any of the services provided by us through the platform, including but not limited to product reviews and 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 these Terms of Use and shall be considered as part and parcel of these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the platform.
Please read these terms and conditions carefully. By using the website, you indicate that you understand, agree, and consent to these terms and conditions. If you do not agree with these, please do not use this website. You hereby provide your unconditional consent or agreements to Gimaart Global as provided under Section 43a and Section 72a of the Information Technology Act, 2000.
1. Changes to the terms and conditions
1.1 We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
2. Acceptable use policy
2.1 You agree that you will not, in connection with our website.
2.1.1 Do not breach any applicable laws, regulations, or codes of conduct, and do not infringe on any intellectual property or other rights of others.
2.1.2 Publish or send any information (including links or references to other content), or otherwise behave in a manner that is unlawful or defamatory. threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting self-harm, misleading, abusive, or deceptive; infringes any intellectual property or other rights of others; involves phishing or scamming or similar; or we otherwise reasonably consider to be inappropriate.
2.1.3 Publish or send any information that involves revealing any personal data of another person (i.e., information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent, or you are the parent/guardian of such a person, or impersonate any person or entity for the purpose of misleading others.
2.1.4 Use our website to provide a similar service to third parties or otherwise with a view to competing with us, sell advertising, sponsorship, or promotions on or in connection with content except where explicitly authorized by us.
2.1.5 Use our website for junk mail, spam, pyramid or similar or fraudulent schemes.
2.1.6 Do anything that may have the effect of disrupting our website, including worms, viruses, and software bombs or mass mailings.
2.1.7 Do anything that may negatively affect other users’ enjoyment of our website or gain unauthorized access to any part of our website or equipment used to provide our website;
2.1.8 Use any automated means to interact with our systems excluding public search engines, or attempt, encourage, or assist any of the above.
3. Content
3.1 You acknowledge that any information published or sent on or via our service by other users is the sole responsibility of the person from whom such content originated, and we are not responsible for it.
3.2 We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.
3.3 We reserve the right without notice or refund to suspend, alter, remove, or delete content or to disclose to the relevant authorities or to a complainant any content or behavior if it is the subject of a complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.
4. Privacy
4.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our www.Gimaart.com/privacy policy, which is subject to change from time to time.
5. Functioning of our website
5.1 We do not guarantee that our website will be uninterrupted or error-free, and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement, or other technical reasons and to make changes to our website.
6. Your account
6.1 If we permit you to create an account on our website, this is for your personal use only and is non-transferable. You must not authorize or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security, such as loss, theft, misuse, or unauthorized disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
6.2 We are entitled at any time for any reason and with or without notice to terminate your account on our site, including deletion of all data contained therein.
7. Intellectual property rights
7.1 All trademarks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text, and software used on this site are our intellectual property or that of our suppliers, partners, or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law), or create extracts of, or derivative works from, such material without our specific prior written consent.
7.2 Just to be clear—you must not collect, scrape, harvest, frame, or deep-link to any information on our website without our specific prior written consent.
7.3 You license (i.e., permit) us to use your content both on our own website and also, for marketing purposes, on other channels, including different websites, social media, and emails.
8. Third-party websites / advertising / services
8.1 We may link to third-party websites that may be of interest to you and/or include third-party advertising on our site and/or use third-party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third-party sites or services at your own risk.
9. Liability
9.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
9.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
9.3 If you are a consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where.
9.3.1 There is no breach of a legal duty of care owed to you by us or by any of our employees or agents.
9.3.2 Such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract).
9.3.3 Such loss or damage is caused by you, for example, by not complying with this agreement, or such loss or damage relates to a business.
9.4 If you are a consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject, of course, to our obligation to mitigate any losses).
9.5 The following clauses apply only if you are a business:
9.5.1 In no event (including our own negligence) will we be liable for any.
9.5.1.1 Economic losses (including, without limit, loss of revenues, profits, contracts, business, or anticipated savings), loss of goodwill or reputation, special, indirect, or consequential losses, or damage to or loss of data (even if we have been advised of the possibility of such losses).
9.5.2 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
9.5.3 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
10. The law
10.1 These terms and conditions shall be governed by Indian law, and any disputes will be decided only by the jurisdiction of the courts at Kolkata (West Bengal), India, and you hereby accede to and accept the jurisdiction of such courts.
11. General
11.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and are not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e., that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision that, as far as possible, achieves the same thing, and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party, but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
12. Charges for Subscription/Membership Program
12.1 Welcome to the terms and conditions of the subscription program. These Terms are between you and Gimaart Global and govern our respective rights and obligations. Please note that your use of the
The www.Gimaart.com website (“Website”) and subscription to membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the Website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a membership, you accept these terms, conditions, limitations, and requirements.
- https://www.gimaart.com/page/terms-of-sale
- https://www.gimaart.com/offers/terms-of-use
- https://www.gimaart.com/page/privacy-policy
13 Complaints
13.1 If you have any complaints, please contact us via the contact details shown below.