CONDITIONS OF USE
Please read the below mentioned conditions carefully before using the Scoop My Art website. By using the Scoop My Art website, you agree to be bound by these conditions.
This website uses cookies. By using this website and agreeing to these Conditions of Use, you consent to our Scoop My Art’s use of cookies in accordance with the terms of Scoop My Art’s privacy policy/cookies policy.
These “Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Conditions Relating to Your Use of Scoop My Art
- Notice and Procedure for Making Claims of Infringement
- Notice and Procedure for Notifying Scoop My Art of Objectionable Content
Conditions Relating to Your Use of Scoop My Art
1. Your Account
If you use the website, you are solely responsible for maintaining the confidentiality of your account and password details and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. All necessary steps should be taken by you to ensure that the password is kept secure and confidential and notify us immediately if you have any reason to believe that your password is unsafe, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update most of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. Scoop My Art reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without providing prior notice to you.
2. Privacy
Please review our Privacy Notice, which also governs your visit to Scoop My Art to understand our practices. The personal data or information provided to us by you during the course of usage of Scoop My Art will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being used or transferred, please do not use the website.
3. E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Scoop My Art is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Scoop My Art.
4. Access to Scoop My Art
We will try our level best to ensure that the availability of the website will be uninterrupted and that the transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. In addition, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without notice. We will try to limit the frequency and duration of any such suspension or restriction.
5. Licence for website access
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Scoop My Art grants you a limited license to access and make personal use of this website, but not to download or modify it, or any portion of it, except with express written consent of Scoop My Art and/or its affiliates, as the case may be. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any part of this website (including but not limited to any trademarks, copyrighted material, or other proprietary information) may not be reproduced, copied, duplicated, sold, visited, resold, distributed or otherwise exploited for any commercial purpose without express written consent of Scoop My Art and/or its affiliates, as may be applicable.
You may not frame or use any framing techniques to enclose any logo, trademark, or other proprietary information (including text, images, page layout, or form) of Scoop My Art and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Scoop My Art or its affiliates’ names or trademarks without the express written consent of Scoop My Art and/or its affiliates, as applicable. Any unauthorized use terminates the license or permission granted by Scoop My Art and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Scoop My Art as long as the link does not portray Scoop My Art, their affiliates, or their products or services in a false, derogatory, misleading or otherwise offensive matter. You may not use any Scoop My Art logo or other proprietary trademark or graphic as part of the link without the express written consent of Scoop My Art and/or its affiliates, as may be applicable.
6. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be damaged, interrupted or impaired in any way. You understand that you, and not SCOOPYART, are responsible for all electronic communications and content sent from your computer to us and you must thus use the website for lawful purposes only. You must not use the website for any of the following purposes:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes bigotry, racism, hatred or physical harm), misleading, deceptive, abusive, indecent, harassing, defamatory, blasphemous, libelous, obscene, pedophilic, pornographic, or menacing; disparaging, ethnically objectionable or in breach of trademark, copyright, confidentiality, privacy or any other proprietary information or right; or is harmful to minors in any way or is otherwise injurious to third parties, or relates to or promotes gambling or money laundering, or impersonates another person; or threatens the unity, security, integrity, or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains political campaigning, software viruses, commercial solicitation, chain letters, mass mailings or any spam.
- to cause inconvenience, annoyance, or needless anxiety
7. Reviews, comments, communications and other content
Users of this website may post comments, reviews, and other content; send communications; and submit ideas, suggestions, comments, questions, or other information, as long as the content is not illegal, abusive, obscene, threatening, defamatory, infringing of the intellectual property rights, invasive of privacy, or otherwise injurious to third parties, or objectionable and does not consist of or contain political campaigning, software viruses, commercial solicitation, mass mailings, chain letters, or any form of spam. In the event a user impersonates any person or entity, uses a fake e-mail address, or otherwise misleads as to the origin of any content. Scoop My Art reserves the right (but not the obligation) to remove, delete, refuse or edit any content that in the sole judgment of Scoop My Art violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you
- (a) grant Scoop My Art and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable right to use, reproduce, adapt, modify, publish, translate, distribute, create derivative works from and display such content throughout the world in any media; and
- (b) Scoop My Art and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Scoop My Art: (i) the content and material submitted is accurate; (ii) use of the content and material you supply does not breach any applicable Scoop My Art policies or guidelines and will not cause harm to any person or entity (including that the content or material is not defamatory) (iii) the content is lawful. You agree to indemnify Scoop My Art and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
8. Claims against Objectionable Content
Because Scoop My Art lists thousands of products for sale offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Scoop My Art operates on a “notice and takedown” basis. If you believe that any content on the website is offensive, illegal, (including but not limited to material that is sexually explicit content or which promotes bigotry, racism, hatred or physical harm), misleading, deceptive, abusive, indecent, blasphemous, harassing, defamatory, libelous, pornographic, obscene, pedophilic or menacing; disparaging, ethnically objectionable, or is otherwise injurious to third parties; or relates to or promotes gambling or money laundering, or is harmful to minors in any way; or impersonates another person; or threatens the unity, security, integrity, or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, or any other objectionable content, please notify us immediately through the Contact Us Portal. Once this procedure has been followed, Scoop My Art ensures that such Objectionable Content is removed within a reasonable time.
9. Copyright, authors’ rights, and database rights
All content included on the website, such as graphics, text, logos, button icons, audio clips, images, digital downloads, software, and data compilations, is the property of Scoop My Art, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. All content on this website is the exclusive property of Scoop My Art and its affiliates and is protected by laws of India and international copyright and database right laws. All the software used on this website is the property of Scoop My Art, its affiliates or its software suppliers and is protected by India and international copyright and author’ rights laws.
You should not systematically extract/ or re-utilize parts of the contents of the website without Scoop My Art and/or its affiliate’s (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without Scoop My Art and/or its affiliate’s (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Scoop My Art and / or its affiliate’s (as may be applicable) express written consent.
10. Intellectual Property Claims
Scoop My Art and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please Contact Us immediately.
11. Trademarks
The trademarks of Scoop My Art such as the Scoop My Art logo and that of our affiliates should not be used in connection with any product or service that is not Scoop My Art’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Scoop My Art. All other trademarks not owned by Scoop My Art that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Scoop My Art.
12. Disclaimer
You acknowledge and undertake that you are using the services on the website and transacting in the website at your own risk and are using your best judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, accuracy, reliability, completeness, timeliness, safety, performance, merchantability, fitness for a particular purpose, or legality of the products listed, displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content in this website. All content, information (including the price of products), products, software, services, and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Scoop My Art nor shall Scoop My Art have any obligations or liabilities in respect of any transactions on the website.
13. Indemnity and Release
You shall indemnify and hold harmless Scoop My Art, its subsidiaries, affiliates, and their respective officers, agents, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Scoop My Art and/or its affiliates and/or any of its officers and representatives from any cost, liability, damage, or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
14. Other Businesses
Parties other than Scoop My Art and its affiliates may operate stores, provide services, or sell product lines on Scoop My Art. For example, individuals and businesses offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for evaluating or examining, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Scoop My Art does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
15. Communications
When you visit Scoop My Art, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, phone call, SMS, or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
16. Losses
We will not be responsible for any business loss (including loss of revenue, profits, contracts, anticipated savings, goodwill, data or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both of us when you started using the website.
17. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
19. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Delhi.
21. Our Details
This website is operated by Scoop My Art.
22. Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Scoop My Art’s liability in respect of any:
- death or personal injury caused by Scoop My Art’s negligence;
- fraud or fraudulent misrepresentation on the part of Scoop My Art; or
- matter which it would be illegal or unlawful for Scoop My Art to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Procedure for Making Claims of Right Infringements
If you believe that your rights are being infringed, you may contact the Scoop My Art customer service team. We respond expeditiously to owners and their agents to communicate concerns about any alleged infringement.
In this regard, we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, when you submit a complaint, you grant to Scoop My Art the right to use, reproduce, adapt, modify, publish, create derivative work forms, translate, and display its content throughout the world in any media. This includes forwarding the complaint details to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Scoop My Art for all claims brought by a third party against Scoop My Art arising out of or in connection with the submission of the complaint.
Important Warning: giving false, misleading or inaccurate information in the complaint to Scoop My Art may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
Conditions of Sale (between Sellers and the Customer)
Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the Scoop My Art (the website). These conditions signify your agreement to be bound by these conditions.
1. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products on the website by us to you.
2. Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
3. Returns
As all the orders are made/ sourced as per your request, there is no provision for return or
exchange of goods. If the seller cancels the order, the full amount will be refunded to your
account and if the order is canceled by you, then the decision to refund the amount is
determined by the seller.
4. Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
For more details, please review the Policies provided in our Shop page, both of which apply to products ordered from us.
All prices are inclusive of VAT/CST, service tax, Goods and Services Tax (“GST”), duties and cesses as applicable – unless stated otherwise.
5. Taxes
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
6. Health & Safety
By purchasing any product from our Home & Kitchen shop, you acknowledge that you have read and understood our Health & Safety Guidelines.
7. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
8. Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
9. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
10. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
11. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
