currency:
Art Helpline: +91 9643700787 +123 345 678

Recently added item(s) ×

You have no items in your shopping cart.

Terms of Service

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.eikowa.com website.

Acceptance of Terms

The domain name www.eikowa.com (hereinafter referred to as "Website") is owned by Eikowa Art Private Limited a company incorporated under the Companies Act, 2013 with its registered office at Manyata Embassy Business Park, Ground Floor, E1 Beech Building, Outer Ring Road, Bangalore – 560045, Karnataka, India (hereinafter referred to as "Eikowa").

Eikowa provides a service for selling original works of art (the "Services") through the Website, accessible at www.eikowa.com.

These Terms of Use (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website and any related mobile or software applications including but not limited to delivery of information via the Website whether existing now or in the future that link to the Terms (collectively, the “Services”).

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 Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Eikowa allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Eikowa Art Private Limited.

Please carefully read these Terms. By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Eikowa Art Private Limited. You may not use the Services if you do not accept the Terms or unable to be bound by the Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by

  • Clicking to accept or agree to the Terms, where it is made available to you by Eikowa in the user interface for any particular Service; or
  • Actually using the Services. In this case, you understand and agree that Eikowa will treat your use of the Services as acceptance of the Terms from that point onwards.

Certain areas of the Website and 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 Website or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Website or Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE WEBSITE OR SERVICES OR BY POSTING ANY CONTENT ON THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE OR SERVICES. 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.

Changes to the Terms

Eikowa reserves the right, at its sole discretion, to modify, discontinue or terminate the Website or 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 Website or provide you with notice of the modification. By continuing to access or use the Website or Services after we 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 Website and Services.

Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Eikowa Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Eikowa reserves the right to terminate your Membership and / or refuse to provide you with access to the Website if it is brought to Eikowa's notice or if it is discovered that you are under the age of 18 years.

Account Registration

In order to make a purchase through the Website, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a "Member" 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. Eikowa reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 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 Eikowa of any unauthorized use of your Account.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Eikowa is not and cannot be a party to or control in any manner any transaction between the Website's Users.

Henceforward:

1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Eikowa does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

2. Eikowa does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Eikowa does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Eikowa accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

3. Eikowa is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Eikowa cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Eikowa shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

4. Eikowa does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.

5. Eikowa does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

6. At no time shall Eikowa hold any right, title or interest over the products nor shall Eikowa have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Eikowa is not responsible for unsatisfactory or delayed performance of services.

7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Eikowa is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Eikowa hold any any right, title or interest over the products nor shall Eikowa have any obligations or liabilities in respect of such contract.

8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

9. You release and indemnify Eikowa and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Eikowa cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

You understand and agree that Eikowa uses commercially reasonable efforts to display the colours of Original Works of Art accurately via the Website and Services. However, because individual computer monitors may display colours differently, Eikowa is not responsible for the colour accuracy of any Original Works of Art displayed on the Website and Services, and disclaims all liability in this regard.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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 unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Eikowa's prior written consent means a communication coming from Eikowa's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(x) 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, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

(z) shall not be false, inaccurate or misleading;

(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

2. You shall not 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. We reserve Our right to bar any such activity.

3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, 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, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

7. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Eikowa and / or others.

8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

Eikowa will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Eikowa may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Eikowa has no obligation to monitor your access to or use of the Website or Services or to remove any Seller Content, but has the right to do so for the purpose of operating the Website and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Eikowa reserves the right, at any time and without prior notice, to remove or disable access to any Seller Content, listings for Original Works of Art, Eikowa Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Eikowa , at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Website or Services.

Seller Content

In addition to submitting listings for Original Works of Art, Eikowa may, in its sole discretion, designate areas of the Website in which Sellers can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Website (individually or collectively, "Seller Content"). "Seller Content" excludes any images of Original Works of Art for which a Seller submits a listing. Eikowa does not claim any ownership rights in any such Seller Content and nothing in these Terms will be deemed to restrict any rights that a Seller may have to use and exploit any such Seller Content. By making available any Seller Content on or through the Website and Services, (i) you grant Eikowa a worldwide, non-exclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Seller Content on or through the Website and Services in any form, medium or technology now known or later developed, for the purpose of promoting Eikowa , the Website and Services, and (ii) you grant directly to other Sellers the right and license to view your Seller Content on or through the Website and Services only in connection with such Seller's authorized use of the Website and Services. You reserve all other rights and licenses in and to any Seller Content that you make available on or through the Website and Services.

You acknowledge and agree that you are solely responsible for any Seller Content that you make available on or through the Website. You represent and warrant that: (i) you are the sole and exclusive owner of all Seller Content that you make available on the Website or that you have all rights, licenses, consents and releases that are necessary to make available such Seller Content and to grant all rights and licenses in such Seller Content as granted under these Terms; and (ii) neither the Seller Content nor your making available any Seller Content on the Website nor any use of any Seller Content as permitted under these Terms will 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, or result in the violation of any applicable law or regulation.

Eikowa Content

Eikowa may also make available through the Website and Services text, graphics, audio, video and images of works of art (collectively, "Eikowa Content"), some of which is owned by Eikowa ("Eikowa -owned Content"), and some of which is made available under license by a third party ("Eikowa -licensed Content"). Eikowa authorizes you to download, view and print Eikowa -owned Content" solely for your personal use in visiting the Website and, if you are a Seller, in connection with exercising the rights granted to Sellers under these Terms. For Eikowa Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Website where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Eikowa Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Eikowa or its licensors, except for the licenses and rights expressly granted in these Terms.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at the Website. If You object to Your Information being transferred or used in this way please do not use Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Promotions and Contests

Eikowa may operate promotions, contests and similar promotions (collectively, "Promotions") through the Website and Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Website and Services, as they may contain additional important information about Eikowa's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

Ownership

The Website, Services and Eikowa Content are protected by copyright, trademark and other laws of India and foreign countries. Except as expressly provided in these Terms, Eikowa and its licensors exclusively own all right, title and interest in and to the Website, Services and Eikowa Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services or Eikowa Content.

Links

The Website may contain links to third-party Websites or resources. You acknowledge and agree that Eikowa is not responsible or liable for: (i) the availability or accuracy of such Websites or resources; or (ii) the content, products, or services on or available from such Websites or resources. Links to such Websites or resources do not imply any endorsement by Eikowa of such Websites or resources or the content, products, or services available from such Websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, Eikowa will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Eikowa reserves the right to revoke your access to and use of the Website, Services, Eikowa Content and Seller Content at any time, with or without cause. In the event Eikowa terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to support@eikowa.com.

Disclaimers

The Website, services, Eikowa content and Seller content are provided “as is” without warranty of any kind, either express or implied. Without limiting the forgoing, Eikowa explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. Eikowa makes no warranty that the Website, services, Eikowa content or Seller content will meet your requirement or be available on an uninterrupted, secure, or error-free basis. Eikowa makes no warranty regarding the quality of any works, services, content of products purchased or obtained through the Website or services or the accuracy, timelines, truthfulness, completeness or reliability of any content obtained through the Website or services.

No advice or information, whether oral or written, obtained from Eikowa or through the Website or services, will create any warranty not expressly made herein. You are solely responsible for all your communications and interactions with other Sellers or users of the Website or services and with other persons with whom you communicate or interact as a result of your use of the Website or services. You understand that, except as expressly set forth in these terms, Eikowa does not screen or inquire into the background of Sellers or other users of the Website or services, nor does Eikowa make any attempt to verify the statements of any Sellers or users of the Website or services. Eikowa makes no representation or warranties as to the conduct of users of the Website or services. You agree to take reasonable precaution in all communications and interactions with other Sellers or users of the Website or services and with other persons with whom you communicate or interact as a result of your use of the Website or services, particularly if you decide to meet offline or in person.

Indemnity

You agree to defend, indemnify, and hold Eikowa, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website, Services, Eikowa Content or Seller Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, Services, Eikowa Content and Seller Content remains with you. Neither Eikowa nor any other party involved in creating, producing, or delivering the Website, Services, Eikowa Content or Seller Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Website, Services, Eikowa Content or Seller Content, or from any communications, interactions or meetings with other Sellers or users of the Website or Services or other persons with whom you communicate or interact as a result of your use of the Website or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Eikowa has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Eikowa 's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Website, Services, Eikowa Content or Seller Content exceed: (i) if you are a Seller who has sold Original Works of Art and has received any Artist Revenue Share from Eikowa from the sale of Original Works, the total payments made or credited to you by Eikowa for the sale of your Original Works of Art during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Buyer who has purchased Original Works of Art, the total payments that you made to Eikowa for the Original Works of Art that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Eikowa and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Eikowa used herein are trademarks or registered trademarks of Eikowa . Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of India without regard to its conflict of law’s provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state courts located at Karnataka and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Eikowa and you regarding the Website and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Eikowa and you regarding the Website and Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Eikowa's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Eikowa may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Eikowa via email (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Eikowa to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Eikowa. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website and Services ("Feedback"). You may submit Feedback by emailing us at support@eikowa.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Eikowa and you hereby irrevocably assign to Eikowa and agree to irrevocably assign to Eikowa all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Eikowa's request and expense, you will execute documents and take such further acts as Eikowa may reasonably request to assist Eikowa to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

Contacting Eikowa

If you have any questions about these Terms, please contact Eikowa at support@eikowa.com.

Shipping

We ship world wide

Art Advisory

Call us: +91 9643700787
Email: Click here.

Commissioned Art

Call us: +91 9643700787
Email: Click here.