TERMS OF USE

DATE OF LAST REVISION: 28-09-2016

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS.

  1. Introduction

    1. These Terms and Conditions ("Terms of Use") govern your use of https://www.dextra.art and Dextra Android App (the "Platform") owned by M/s Dextra Arts Services Pvt. Ltd. (the "Owner"). These Terms of Use include and incorporate the references, policies and guidelines. Owner reserves the right to change or revise the Terms of Use at any time by posting any changes or revised Terms of Use on this Platform. M/s Dextra Arts Services Pvt. Ltd. shall alert you that changes or revisions have been made by indicating the top of the Terms of Use the date it was last revised. The changed or revised Terms of Use shall be effective from the moment it is posted on the Platform. Your use of the Platform following the posting any such changes or of a revised Terms of Use shall constitute your acceptance of any such changes or revisions. The Owner encourages you to review these Terms of Use whenever you visit the Platform to make sure that you understand the terms and conditions governing this Platform. These Terms of Use do not alter in any way the terms and conditions of any other written agreement you may have with the Owner for other products or services. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Platform.

    2. 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 use this Platform by providing registration data while registering on the Platform as a registered user. A user may surf this Platform without registering on the Platform but they might not have full access of the Platform.

  2. Membership Eligibility

    1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

    2. You agree that you have provided true, accurate, current and complete information to the Owner in connection with any use or access of the Service.

  3. Account and Registration Obligations

    1. If you use this Platform, you shall be responsible for maintaining the confidentiality of your Account, including but not limited to password and you shall be responsible for all activities that occur from your account. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, Platform shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide you with access to the Platform.

  4. Privacy

    1. Your privacy is very important to the Owner, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure and store your precious private information.

  5. Third Party Information on the Platform

    1. The Owner is not an agent for any of the Merchants listed on Platform and the Owner has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.

  6. Links to Other Sites

    1. The Platform may include links to other Platforms. Some of these Platforms may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for convenience only and Platform does not endorse these Platforms or products and services they provide.

    2. We have had our Platform HTTPS enabled to better protect your security against dummy Platforms. Please verify that a webpage is HTTPS enabled before providing any information on it. We will not be liable for any consequences of you providing details on any third party Platform, including dummy Platforms.

  7. Restrictions on use

    1. In addition to these Terms of Use, user shall not -

      1. Use the third party links to sites without agreeing to their Platform terms and conditions.

      2. Post links to third party Platforms or use their logo, company name etc. without their prior written permission.

      3. Use the services for spamming and other illegal purposes.

      4. Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without their permission, forge another persons' digital signature, misrepresent the source, identity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the services, perform any other similar fraudulent activity or otherwise purchase product or service which we reasonably believe to be potentially fraudulent.

      5. Infringe our or any third party's Intellectual Property rights, rights of publicity or privacy.

      6. Use the service if you are below the age of 18 without an adult supervision or in any event use the services if you are under the age of 13 even with an adult supervision and in accordance with applicable law.

      7. Post or transmit any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 unlawful harassing including but not limited to "Indecent Representation of Women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

      8. Refuse to cooperate in any investigation or provide confirmation of identity or any other information as asked by the Owner.

      9. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the service and the Platform or features that enforce limitations in the use of the services.

      10. Use the service in any manner that could damage, disable, overburden, or impair it, including without limitation, using the services in an automated manner;

      11. Use any robot, spider, other automatic device, or manual process to monitor or copy the Platform without prior written permission;

      12. Interfere or disrupt this Platform or networks connected to this Platform;

      13. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Platform or to manipulate your presence on your Platform;

      14. Use Platform to collect or obtain personal information, including but not limited to financial information, about other users of the Platform.

  8. Intellectual Property Rights

    1. The services and Platform are owned and operated by M/s Dextra Arts Services Pvt. Ltd.. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the services and the Platform provided by the Owner ("Materials") are protected by Indian Copyright, trade dress, Patent and Trademark laws, international conventions and all other Intellectual Property and proprietary rights and applicable laws. As between you and the Owner, all Materials, Trademarks, service marks, and trade names contained on the Platform are the Property of the Owner and/or third party licensors or suppliers.

    2. You agree not to remove, obscure, or alter the Owner's or any third party's Copyright, Patent, Trademark, or other proprietary right notices affixed to or contained within or accessed in conjunction with or through the services. Except as expressly authorized by the Owner, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The Owner reserves all rights not expressly granted in these Terms of Use.

  9. Disclaimer of Warranties & Liability

    1. The Platform, services, content, user content and any third party content are provided by the Owner on an "As is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, Merchantability or fitness for a particular purpose, without limiting the foregoing, the Owner makes no warranty that -

      1. The Platform or the services will meet your requirements or your use of the Platform or the services will be uninterrupted, timely, secure or error-free.

      2. The results that may be obtained from the use of the Platform or services will be effective accurate or reliable.

      3. The quality of the Platform or services will meet your expectations; or

      4. Any errors or defects in the Platform through the Platform/Content or from use of the services shall create any warranty not expressly stated in these Terms of Use.

    2. To the maximum extent permitted by applicable law, the Owner will have no liability related to user content and/or third party content arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws, the Owner disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and/or third party content.

    3. You expressly understand and agree that, to the maximum extent permitted by applicable law the Owner will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Platform or any services, either with or without your knowledge, the Owner has endeavored to ensure that all the information on the Platform is correct, but the Owner neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, software, products, functionalities, services and related graphics obtained through the Platform, or otherwise arising out of the use of this Platform, whether based on contract, tort, negligence, strict liability or otherwise, further, the Owner shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or any other reasons beyond the Owner's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Owner accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

  10. Indemnification and Limitation of Liability

    1. You agree to indemnify, defend and hold harmless the Owner, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform; or (iii) any claim that any Third Party Content, content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any Intellectual Property rights.

    2. The Owner may notify you of any claims which you shall be liable to indemnify against. You will then be required to consult with the Owner regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Owner without the express prior written consent of the Owner which can be withheld or denied or conditioned by the Owner in its sole discretion.

    3. Notwithstanding anything to contrary in the agreement(s), M/s Dextra Arts Services Pvt. Ltd.'s entire and aggregate liability to you under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by you to the Owner under the relevant order to which the cause of action for the liability relates.

    4. Notwithstanding anything to contrary in the agreement(s), in no event shall the Owner, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Owner has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform, services or content.

  11. Governing Law and Jurisdiction

    1. These Terms of Use and all transactions entered into on or through the Platform and the relationship between you and the Owner shall be governed in accordance with the laws of India without reference to conflict of laws principles.

    2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Platform, these Terms of Use, the agreement(s) or any transactions entered into on or through the Platform or the relationship between you and the Owner shall be subject to the exclusive jurisdiction of the Courts at New Delhi, Delhi and you hereby accede to and accept the jurisdiction of such Courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this agreement shall be effective against a party if given as provided herein.

  12. General Provisions

    1. Notice - All notices with respect to these Terms of Use from the Owner will be served to you by email or by general notification on the Platform. Any notice provided to the Owner pursuant to these Terms of Use should be sent to Grievance Officer at 2 North Drive, DLF Chhattarpur Farms, Chhattarpur, New Delhi, Delhi, 110074.

    2. Assignment - You cannot assign or otherwise transfer the agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. M/s Dextra Arts Services Pvt. Ltd.'s rights and/or obligations under the Terms of Use are freely assignable or otherwise transferable by the Owner to any third parties without the requirement of seeking your prior consent. The Owner may inform you of such assignment or transfer in accordance with the notice requirements under the agreement. The Owner shall have right to transfer your Account and Account Information to a third party who purchases M/s Dextra Arts Services Pvt. Ltd.'s business as conducted under the Platform.

    3. Severability - If, for any reason, a Court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. The Owner may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

    4. Waiver - Any failure or delay by a party to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

    5. Principal to Principal Relationship - You and the Owner are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and the Owner. As an abundant caution, it is clarified that the Owner shall not have any right to conclude any contract for sale or purchase of Products for and / or on your behalf and both you and the Owner have entered this agreement on principal to principal basis.

    6. Force Majeure - If performance of any service or obligation under these Terms of Use or other agreement by M/s Dextra Arts Services Pvt. Ltd. is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Owner or its third parties performing such services as sub-contractor to the Owner and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then the Owner shall be excused from such performance to the extent of and during the period of such Force Majeure Event. The Owner shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

    7. Grievance Officer - In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of M/s Dextra Arts Services Pvt. Ltd. for the purpose of these Terms of Use shall be

      Name: Mr. Divyaansh Anuj

      Email Address: divyaansh@dextra.xyz

      Address: 2 North Drive, DLF Chhattarpur Farms, Chhattarpur, New Delhi, Delhi, 110074

      Contact Number: 7022837645

    The Owner may change the aforesaid details from time to time.