Terms and Conditions

Terms of use

1. This website www.mashaart.com, along with any sub-sites, affiliates sites, mobile sites accessible through various internet enabled smart devices (collectively, “the Website”) is published by Masha Arts and Handicrafts LLP(“MASHA ART”), having its registered office at 1351/TF/SEC-A, Vasant Kunj AB and C, New Delhi - 110070.
2. These Terms and Conditions govern the access and use of the Website by any user who visits the Website (“the User”). The term “we”/ “us” / “our” used in this document refers to MASHA ART and "you" / "your" /"yourself" refers to the User, who visit or access or use (collectively, “usage”) the Website.
3. This document is being published in compliance with Section 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.
4. This document is a computer system generated “electronic record” in accordance with the Information Technology Act, 2000 and the rules made thereunder and does not require any physical or digital signatures. The usage of this Website implies that the User accepts, without any reservations, the following terms and conditions. If you do not agree with the following terms and conditions, please do not access / use the Website or avail any services on the Website. These terms of use do not require any physical, electronic or digital signature.
5. These Terms of Use are 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 Website (defined below).
6. The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms and Conditions, as determined solely by the provisions of the Indian Contract Act, 1872. The User shall not use the services of this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
7. The User unequivocally agrees that these Terms and Conditions constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms and conditions applicable to any Service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms and Conditions, and shall be treated as part and parcel of the same.
8. The headings are simply for convenience and do not hold any legal weight or significance in interpreting the actual content of the document. It is important to refer to the specific language and provisions within each section rather than relying solely on the headings for guidance. This ensures that the true intent and meaning of the document are accurately understood and applied.
9. MASHA ART reserves the sole and exclusive right to amend or modify these Terms and Conditions without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User shall periodically check the Terms and Conditions and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms and Conditions.
10. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

Proprietary Rights

1. All data, forms, text, graphics, buttons, icons, images, photographs, audio clips, video clips, functional components, documentation and software along with their arrangement, assembly and organization (collectively, "Content") on this Website are the creative works of MASHA ART or its affiliates and belong exclusively to MASHA ART or its affiliates. The domain name Masha Art.com (“Domain Name”) is owned exclusively by MASHA ART. The Content and the Domain Name are protected by Indian and international intellectual property laws.
2. You shall not use the Content and Domain Name without the express written consent of MASHA ART for any purpose whatsoever except as may be permitted under law. You shall not have, under any circumstances, any rights of any kind in or to the Website and the Content, other than the right to use the Website in accordance with this document and the limited fair use permitted under the law.
3. The products listed on the Website are creations of their respective owners, and all intellectual property, including but not limited to copyrights, relating to said products lie with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to MASHA ART, or to you.
4. Any reproduction or infringement of the intellectual property of the aforementioned owners by you will result in legal action being initiated against you by the respective owners of the intellectual property so reproduced/infringed upon.
5. Respecting the rights of intellectual property and complying with copyright and trademark laws is extremely important when utilizing the Website or engaging in transactions. Unauthorized replication or utilization of copyrighted material could result in legal repercussions. Your use of the Website implies your agreement to comply with all pertinent laws and statutes related to intellectual property rights. MASHA ART has the authority to take legal measures/actions against any encroachment or breach of these rights or any other legal rights. It is vital to be conscientious of and honour the rights of others during your use of the Website.

Unauthorized Activities

1. You shall be solely responsible for any electronic communications or content sent from your computer to the Website and you shall use the website for lawful purposes only.
2. You shall not use the Website to host, display, upload, modify, publish, transmit, store, update or share any information that:
   1. Belongs to another person and to which you do not have any right;
   2. Is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to any law in force;
   3. Is harmful to a child;
   4. Infinges any patent, trademark, copyright or other proprietary rights;
   5. Violates any law for the time being in force;
   6. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
   7. Impersonates another person;
   8. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
   9. Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Website or any computer resource;
   10. Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
   11. Consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
   12. Breaches the security or authentication measures on the Website or network(s) connected to it;
   13. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource, or contains any Trojan horses, worms, or any other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate the Website or any system, data or personal information.
3. In addition to the above, you shall not:
   1. Reverse look-up, trace or seek to trace any information belonging to any other User of the Website, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website to that end;
   2. Use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
4. Without any prior notice and at its sole discretion, MASHA ART reserves its right to bar any activities on the Website, and to restrict your access to the Website, and to obtain any other reasonable relief that MASHA ART deems appropriate or necessary in aforesaid circumstances.

User Rights

1. In order to access some features on the Website, you may have to create a user account. While creating a user account, you shall provide accurate and complete information of the particulars sought therein. You are solely responsible for any activity that occurs on your user account, and for the security of the password to your user account. MASHA ART reserves the right, at its sole discretion, to refuse any service, remove or edit any content, terminate any user account, or cancel any orders placed.
2. You may exercise the right to access, rectify, update or delete your personal data, as well as deny or limit any processing of your personal data in accordance with the privacy policy.
3. You have the right to withdraw your consent at any time, and we strive to make this process as simple and convenient for you as possible. If you have an account with us, you can easily withdraw your consent by accessing your account settings and making the necessary adjustments. For those without an account or who prefer direct communication, you may request the withdrawal of your consent by emailing us at contact@mashaart.in. Please provide all relevant details in your email to facilitate a prompt processing of your request.

Cookies

To know about how the Website interacts with Cookies, please see the cookie policy.

Third-Party Content

1. During your Usage of the Website, You may come across links to the third-party website/advertisements / electronic communication services, which are provided by the third parties. MASHA ART does not make any endorsement/guarantee of any service or product offered by third parties nor makes any representation related to policy, terms and conditions of such third parties. Any usage of such third-party content or availing any service or product through a third party shall be at Your risk and MASHA ART is not responsible for any loss/damage or otherwise.
2. It is highly recommended that you thoroughly review the terms and conditions associated with any third-party content before engaging with or using it. Your interactions with such third-party content will be exclusively governed by the respective terms and conditions set forth by the third party. By accessing or using third-party content, you agree to abide by and be bound by their terms and conditions, and acknowledge that MASHA ART is not responsible for any issues that may arise from such interactions.

Disclaimers

1. The usage of the Website is entirely at your own risk, and you are advised to use your best and prudent judgment before usage of the Website.
2. MASHA ART provides all products and services on the Website on an “as is” basis, without any warranty, either express or implied, including but not limited to, regarding merchantability, the fitness of any particular use, intellectual property ownership and/or infringement or title of any third party. MASHA ART does not warrant that use of any products and services on the Websites will not infringe the rights of third parties not owned by or affiliated with MASHA ART.
   MASHA ART shall not be responsible for and does not guarantee the accuracy or completeness of any links, advertisements or other items contained within the Website. MASHA ART assumes no responsibility, and shall not be liable for, any damages caused to your computer equipment or other property resulting from usage of the Website.
3. MASHA ART reserves the right to update, modify, or delete any content on the Website at any time without prior notice to users. While MASHA ART will endeavour to make reasonable efforts to revise and update the Website periodically, it does not guarantee that the Website will operate without interruption, be timely, secure, or free from errors. MASHA ART expressly disclaims any warranties, whether express or implied, regarding the continuity, promptness, security, or error-free nature of the services provided through the Website. MASHA ART shall not be held liable for any errors or omissions in the content, including but not limited to inaccuracies, nor for any damages or losses incurred by users or any third party arising from the unavailability or interruption of the Website. Under no circumstances shall MASHA ART be responsible for any direct, indirect, incidental, consequential, or punitive damages that result from the use of, or the inability to use, the Website or its content, even if MASHA ART has been advised of the possibility of such damages. Users acknowledge and agree that the use of the Website is at their own risk and that they are responsible for ensuring that their use of the Website complies with all applicable laws and regulations.

Liability

MASHA ART shall not be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive, or consequential damages relating to, including but not limited to:

1. Any errors, mistakes, or inaccuracies in any content or information;
2. Any personal injury or damage to property of any nature whatsoever, resulting from any User’s usage of the Website;
3. Any unauthorized access to, or use of, MASHA ART’s secure servers and/or any personal information stored therein
4. Any interruption or cessation of transmission to or from the Website;
5. Any bugs, viruses, trojan horses, etc., which may be transmitted to through the Website by any third party;
6. Any loss or damage of any kind incurred as a result of the use of the Content posted, emailed, transmitted, or otherwise made available via the Website, whether based on a warranty, contract, tort, or any other legal basis, and whether or not MASHA ART has been advised of the possibility of such damages.

Indemnification

You shall indemnify, defend, and hold MASHA ART and its affiliates, officers, agents, employees, and their successors and assignees, harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable legal fees), liabilities, losses, and damages arising from your usage of the Website or any of its Content, or relating to breach of these Terms and Conditions, or for violation of any law, rules, regulations or the rights of a third party by you.

Payments

1. To process any financial transactions on the Website, MASHA ART may use third-party electronic payment processors or service providers. You are solely responsible for all and any charges incurred and payments made using your User Account.
2. As prescribed by respective financial institutions, you may be required to submit your internet banking credentials and/or your credit/debit card number, expiry date and CVV number while making any payment on the Website.
3. You are hereby expressly made aware that your bank statements may reflect that a payment has been made in favor of MASHA ART.

Severance and Waiver

These Terms and Conditions and the Privacy Policy constitute the entire agreement regarding your usage of the Website. If any provision of these Terms and Conditions or the Privacy Policy is deemed unlawful, void, or unenforceable, such provision shall be severable from the remaining provisions and will not affect the validity and enforceability of the remaining provisions. MASHA ART’s failure to enforce any term or condition, on any occasion, shall not be construed as a waiver of such term or condition.

Disputes

These Terms and Conditions as well as any other matter relating to the usage of the Website shall be governed by and construed in accordance with the Arbitration laws of India. By usage of the Website, you agree, as does MASHA ART, to the exclusive jurisdiction of courts at Delhi, India. Furthermore, any dispute, controversy, or claim arising out of or in connection with this Privacy Agreement, including any question regarding its existence, validity, interpretation, breach, or termination, shall be referred to and finally resolved by arbitration under the provisions of the Arbitration and Conciliation Act, 1996, and any amendments thereto. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator, with the seat and venue of arbitration at New Delhi, India. The arbitration proceedings, including all documents and evidence submitted in the course of such proceedings, shall be confidential and shall not be disclosed to any third party without the prior written consent of both Parties, except as required by law. The award of the arbitrator shall be final and binding on the Parties. The Parties agree to waive their right to any form of appeal, review, or recourse to any court or other judicial authority, except for the purposes of enforcement or as otherwise permitted under the Arbitration and Conciliation Act, 1996.