Terms and Conditions
Last Updated Date: 25th March 2020
Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modifications to these Terms
Jugaad Foto Bazaar reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.
Modifications to the Services
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Works of Art. Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.
In order to make a purchase through the Services, (other than users who utilize the guest checkout option), you can create an Account and become a Member to make a purchase. Once you have become a member, during subsequent transactions, you can LogIn to make purchases. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify JFB of any unauthorized use of your Account.
Artist Terms and Conditions
We curate our collection based on works submitted to our email ID (firstname.lastname@example.org). “Original Works of Art” that you have created and that you desire to sell through the Services need to be sent our email id, and once selected, high-res images (print size | 300dpi | tiff format) will have to be submitted. Once selected for selling via the portal, you will become a member of Our Artists. You may not submit listings for Original Works of Art that were created by another artist. In order for your listings to be accepted, you must provide JFB with all the information requested by JFB and you must comply with any other JFB requirements as identified to you.
You acknowledge that JFB reserves the right to promote and market Original Works of Art through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art. You always retain the right to remove a listing for an Original Work of Art from the Services - please email us of your preferences. Please note that it will take 10 – 14 working days for the changes to be reflected in the portal.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Works of Art that you submit to JFB. Accordingly, you represent and warrant that: (i) you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) the Original Works of Art that you make available through JFB under these Terms will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.
If you submit listings for Original Works of Art, you are selling such Original Works of Art through the Services and on third party websites and sales channels (collectively “Online and OfflineSales”) and you hereby grant JFB a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Jugaad Foto Bazaar and Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.
If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and JFB, these Terms will apply to the sale of such Original Work of Art.
JFB and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services.
Artist Revenue Share
JFB will meet the expenses related to admin, promotion, printing, shipping and coordination. Artist revenue share will be 50% of the agreed listing price. JFB reserves the right to offer upto 20% discount on the listed price and in that case JFB and the artist equally share the discount cost. JFB will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after receiving the authentication certificate from the artist, and received payment from the third party payment portal and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by Jugaad Foto Bazaar, in its sole discretion.
Purchaser Terms and Conditions
As a Member or as a guest, you may purchase Original Works of Art that are listed in the website. When you purchase such an Original Work of Art through the Services, you are purchasing the work from JFB. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes, if any, for which you are responsible and which will be separately identified on your receipt. JFB will collect your billing and shipping information while processing your payment. Certain Original Works of Art (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The terms and conditions of JFB’current Return Policy apply to any Original Works of Art that you purchase through the Services. You agree to comply with the terms and conditions of JFB’s current Shipping and Return Policy at https://www.jugaadfotobazaar.com/shipping-returns that are applicable to any Original Works of Art that are sold through the Website.
JFB reserves the right to cancel any order for an Original Work of Art placed via the Services if JFB determines that the Work of Art is unavailable at the price listed via the Services. If JFB cancels an order placed via the Services, JFB will send you an email confirmation of such cancellation and you will not be charged for your order.
You understand and agree that JFB uses commercially reasonable efforts to display the colors of Original Works of Art accurately via the Services. However, because individual computer monitors may display colors differently, JFB is not responsible for the color accuracy of any Original Works of Art displayed on the Services.
JFB respects copyright law and expects its users to do the same.
We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.
If you have any questions about these Terms, please contact JFB at email@example.com | phone/whatsup - +91 94879 56405