Terms & Conditions And Buyer Agreement

Ownership: The website http://www.tusitadivineart.com (hereinafter referred to as “Website”) is owned and operated by M/s Tusita Divine Art Pvt Ltd., (hereinafter referred to as “Tusita”), which is incorporated and registered under the Indian Companies Act, 1956 as a private limited company. Tusita has its Registered Office at 1343 Sector A, Pocket B, Vasant Kunj, New Delhi 110070 (India). All rights, including all intellectual property rights, by whatever name called, in and in relation to Website are owned by and reserved in favour of Tusita.

Functions of Website: Website provides for online sale of replicas/images/reproductions of thangkas, relics, heirlooms and artifacts related or connected to the Buddhist religion, heritage, folklore and way-of-life produced, manufactured and/or marketed by Tusita (hereinafter referred to as “Articles”) as well as photographs that may or may not be connected to the Buddhist religion, heritage, folklore and way-of-life (hereinafter referred to as “Photographs”) for visitors/customers/consumers and any other party accessing Website, such parties being hereinafter referred to as “Buyer/s” .

The terms Buyer shall, notwithstanding its general connotation, mean and include any person who visits Website, whether or not such person places any order for purchase of any Article or Photograph.

Tusita shall give a major part of the profits made from the sale of Articles to the temples/monasteries / individuals to which / whom the originals of Articles belong for the maintenance, restoration and upkeep of the originals of Articles and of the concerned temples/monasteries.

Access of Website: By accessing Website, Buyer agrees to be bound by the terms and conditions of Website. Buyer further certifies that all information Buyer provides to or through Website, now or in the future, is and shall be true and correct.

Terms of Use
1. By visiting Website, Buyer(s) hereby agree(s) to be bound by the following terms and conditions. Tusita may change these terms and conditions at any time. Buyer’s continued use of Website shall mean that Buyer accepts any new or modified terms and conditions as may be posted on Website from time-to-time. Buyer should re-visit the ‘Terms & Conditions’ link on Website from time-to-time to stay abreast of the latest applicable terms and conditions.
   
2. Tusita will attempt to provide Buyer with a detailed description/interpretation of Article at the time of delivery of the said Article to Buyer. The description/interpretation has been written in close consultation with senior and learned monks and with reference to authoritative works by scholars of Tibetan Buddhist art. It may be noted that, given the diversity of sources and divergence of opinions/perspectives, variations in such description/interpretation are possible. Tusita does not recommend and/or warranty use of Articles for any specific purpose or to fulfill any specific intention. Tusita does not encourage superstition, blind faith, dogma or other similar beliefs.
   
3. Any stains, smudges, wrinkles or cracks visible in Articles are on account of ageing of the original thangkas, relics, heirlooms, artifacts, etc. and these have been retained for authenticity.
   
4.
Thangka Gallery:
i) Fabrics selected by Buyer for the borders of a thangka reproduction or the knobs for it will be subject to availability.
ii) The print and/or the color of the fabric used for the veil of the thangka reproduction and design of the standard knob being offered on Website to Buyer may vary depending on the availability.
iii) Veil shown on Website is for demonstration purposes only.
iv) The thangka selected by Buyer shall be reproduced on 410 gsm Hahnemuhle Monet Canvas subject to availability.
v) In the event of non availability of either the fabric or the knob selected by Buyer or of 410 gsm Hahnemuhle Monet Canvas, Tusita shall inform Buyer and offer him/her an alternative if possible.
   
5.
Spiti Gallery:
i) The Photograph(s) selected by Buyer shall be printed on 290 gsm Hahnemuhle Fine Art Paper-Bamboo, subject to availability.
ii) In the event of non availability of 290 gsm Hahnemuhle Fine Art Paper-Bamboo, Tusita shall inform Buyer and offer him/her an alternative if possible.
   
6. Payments: All prices indicated for Articles available via Website are in US Dollars (USD) and Indian Rupees (INR) and inclusive of all taxes as applicable, as well as delivery charges. The total cost of Buyer’s order is the price of Articles ordered and delivery charges/packaging/shipping and handling/ transportation charges. Payment can be made by any of the methods specified in the Payment Section of Website and payment will be debited and cleared from Buyer’s account as set out in the Payment Section of this Website.
   
7. Buyer confirms that the credit or debit card that is being used is his/hers.
   
8. All credit / debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Buyer’s payment card refuses to, or subsequently refuses to, or does not, for any reason whatsoever, authorise payment to Tusita, Tusita will not be liable for any delay or non-delivery of Articles ordered and no contract will deemed to have been concluded between Buyer and Tusita.
   
9. While the payment gateway services hired by Tusita from a third party vendor reside on a secured layer and are confidential, Tusita does not own or operate such payment gateway and NO LIABILITY SHALL ACCRUE TO Tusita IF THERE IS ANY MISUSE BY ANY PERSON OF BUYER’S CREDIT/DEBIT CARD OR ANY OTHER LOSS RESULTS TO BUYER THEREBY. Buyer agrees and acknowledges that any monetary transaction undertaken by Buyer on Website is at Buyer’s sole risk and responsibility.
   
10. Passing of Property: Tusita will retain the legal ownership of Articles ordered / delivered until full payment has been made by Buyer and such payment has been received by Tusita. Legal ownership of Articles will immediately revert to Tusita if Tusita refunds any such payment to Buyer.
   
11. Risk: Subject to receipt of payment as aforesaid, risk and ownership in Articles will pass to Buyer immediately on dispatch from the Tusita premises.
   
12. Delivery: Tusita will despatch Articles in accordance with the delivery option selected by Buyer during the order process. Tusita shall attempt to execute the order and despatch Article(s) to Buyer within a period of 20 (twenty) working days from placement / acceptance of final order.
   
13. Any delivery timescales quoted to Buyers are indicative only. Orders may be delivered in one or more delivery.
   
14. Tusita does not assume or accept any liability whatsoever for delayed delivery or damage to Articles caused by any third party or due to any force majeure events.
  Since Articles are customized according to the order placed by Buyer, Buyer is not entitled to cancel the order after 24 (twenty-four) hours of placement of order with Tusita. Cancellation within 24 (twenty-four) hours shall be subject to deduction of any charges / processing fee levied upon Tusita by the payment gateway or other third party vendors.
   
15. At the time of taking delivery of Article(s) / Photograph(s), Buyer shall be responsible for payment of customs duty, levies or any other taxes that may be levied on the Article(s)/Photograph(s) by government or any other authority in the country where the Artice(s) / Photograph(s) is/are delivered. If the Article(s) / Photograph(s) is/are returned to Tusita for the reason that Buyer has not paid customs duty, levies or any other taxes / charges, Tusita shall not be liable for the said Article(s) / Photograph(s) nor damage, if any, caused to the said Article(s) / Photograph(s). On the happening of the above event, Tusita will not be liable to return any payment made by Buyer for such Article(s) / Photograph(s).
  The said Article(s) / Photograph(s) will be kept with Tusita for 60 (sixty) days from the date of their receipt by Tusita. In the event Buyer does not collect the said Article(s) / Photograph(s) within such period, Tusita will be at liberty to sell or transfer the said Article(s) / Photograph(s) to a third party without informing Buyer or being liable to Buyer for the said Article(s) / Photograph(s) or any payment made therefore. However if Buyer decides to take delivery of the said Article(s) / Photograph(s) within the period as specified above or thereafter but prior to its sale / transfer to a third party, Buyer will be liable for all shipping and handling charges including the charges levied for the return of the said Article(s) / Photograph(s) to Tusita.
   
16. Order Acceptance : Buyer’s receipt of an electronic or other form of order confirmation does not signify Tusita’s acceptance of Buyer’s order, nor does it constitute confirmation of Tusita’s offer to sell. Tusita reserves the right at any time after receipt of Buyer’s order to accept or decline Buyer’s order for any reason or for no reason at all.
   
17. Shipping : Tusita may be unable to ship Articles if barred by any customs, security or postal regulations. Tusita shall not be responsible for any misdirected parcels, incorrectly delivered packages or printing errors in addresses.
   
18. Payment : Buyer shall be responsible for any payments due for Articles ordered through Buyer’s account. If Tusita does not receive payment from Buyer’s credit issuer or its agents, Buyer agrees to pay all amounts due to Tusita. Buyer shall also be responsible for any costs of collection of overdue payment.
Limitation on Claim : Notwithstanding anything contained elsewhere in these Terms and in this Agreement, Buyer shall not be entitled to make or receive any claim against Tusita or against any of its Directors, officers or agents in excess of the sum paid towards price of any Article or Photograph ordered/received from Tusita.
   
19. Disclaimer: Tusita shall not be liable for any apparent variation in the colors of Articles finally produced which may be a result of perceptual differences between actual fabric/colors and those appearing on the computer/monitor being used by Buyer. Tusita shall not be liable for the description/interpretation of Articles given with Articles sold to Buyer.
   
20. All postings, text, files, images, photos, information (hereinafter referred to as “Content”) posted on or transmitted or linked from Website are the sole responsibility of the person/s from whom the Content originated. More specifically, any Content posted on Website either via e-mail or otherwise made available on-line, shall be the responsibility of the person posting such Content on Website. Website does not in any manner control, and is not responsible for such Content made available through Website ; and by using Website Buyer may be exposed to Content that is false, offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, Website and Content may contain links to other Websites, which are completely independent of this Website.
   
21. Buyer hereby agrees that he/she must evaluate, and bear all risks associated with the use of any Content, that Buyer may not rely on said Content, and that under no circumstances will Website/Tusita be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via Website. Buyer hereby acknowledges that Website does not always pre-screen or approve Content. However Website shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for any reason.
   
22. License: Tusita hereby grants Buyer limited, non-exclusive, non-assignable and non-transferable license to access Website provided, and expressly subject to the condition, that all such access and use shall be governed by the terms and conditions set forth in this Buyer Agreement.
   
23. Bar To Retransmission of Information: All intellectual and industrial property rights and other related rights, titles and interests whatsoever in and to the information available on Website belong to the respective owners thereof; and nothing in this Agreement shall be construed as transferring or assigning any such rights to Buyer or any other person or entity. Buyer may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by Website prior to such use. Buyer may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share Website, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by Website prior to such use. In addition, Buyer may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of Website without prior written authorization except as set forth herein. Any other use of the information contained in or on Website requires the prior written consent of Tusita and may require a separate fee.
   
24. Trademarks/Copyright/Patent and Design : All trade marks, trade names, service marks, brands, logos, marks and insignias whatsoever used on Website and in, on and in relation to Articles and Photographs, belong to and are owned by, Tusita and/or Kishore Thukral (son of Krishan Lal Thukral), Director of Tusita, unless otherwise stated. Buyer may not distribute Articles or Photographs or offer services under or by reference to, or otherwise use, apply or reproduce, any such trade marks, trade names or service marks, brands, logos, marks or insignias, or use any meta-tags or any other "hidden text" utilizing any such trademarks, trade names or service marks, brands, logos, marks or insignias without the express prior written permission of Tusita / Kishore Thukral or other owner thereof. Tusita / Kishore Thukral has copyright in all images on Website and no reproduction of the same is permitted for commercial, personal or for any purpose or use. Tusita also has all rights and titles in the designs on Website and in the patenting of goods / Articles shown on Website.
   
25. Delays In Services: Tusita (including its directors, employees, affiliates, agents, representatives or subcontractors) and Website shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or force majeure or like causes. Tusita shall not be liable to provide Buyer access to Website while any such disruption or interruption continues.
   
26. Liability Disclaimer : Buyer expressly agrees to use Website at Buyer’s own risk.
   
27. Website and/or its respective suppliers may make improvements and/or changes in Website at any time. Website may be temporarily unavailable from time-to-time due to required maintenance, telecommunications interruptions, or other disruptions. Tusita and Website (including its owners, suppliers, consultants, advertisers, affiliates, partners, employees or any other Associated Entities, all collectively referred to hereinafter as “Associated Entities”) shall not be liable to Buyer or to any third party should Tusita exercise its right to modify or discontinue any or all of the contents, information, software, Articles, features and services published on Website.
   
28. In no event shall Tusita and/or Website and/or its Associated Entities be liable for any direct or indirect, punitive, incidental, special or consequential loss or damages arising from, or in any way connected with, the use of Website or the delay or inability to use Website, or from any contents, information, software, Articles, features and services obtained through Website, or otherwise arising from the use of Website, whether based on contract, tort, strict liability or otherwise, even if Tusita and/or Website and/or any of its Associated Entities has been advised of the possibility of damages.
   
29. Buyer understands that except for information, Articles clearly identified as being supplied by Tusita, Tusita does not operate, control or endorse any information, Products and/or services appearing on or available through Website in any way. All other information, Products and services offered through Website are offered by third parties, which are not affiliated in any manner to Tusita.
   
30. Tusita does not warrant that files available through Website (for downloading or otherwise) will be free of infection or viruses, bugs or other codes that manifest contaminating or destructive properties. Tusita does not warrant that the functions contained in the material available on or comprised in Website will be uninterrupted or error-free, or that any such defects will be corrected by Tusita. Tusita does not make any representation with regard to the full functionality, accuracy or reliability of Website or the server that makes it available.
   
31. Buyer shall be responsible for implementing sufficient procedures to satisfy Buyer’s requirements for safety and accuracy of data-input and output, and for maintaining a means external to Website for reconstructing any lost data.
   
32. Equipment And Operation: Buyer shall provide and maintain all telephone/internet and other equipment necessary to access Website, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by Buyer. Buyer shall be responsible for operating Buyer’s own equipment used to access Website.
   
33. Service Disclaimer: Buyer acknowledges that the information provided through Website is compiled from sources, which are beyond the control of Website. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and Website does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, BUYER ACKNOWLEDGES THAT Website IS PROVIDED TO BUYER ON AN "AS IS” WITH “ALL FAULTS" BASIS. Website EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND TO BUYER AND/OR ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, Website DOES NOT REPRESENT OR WARRANT THAT IT WILL MEET BUYER’S REQUIREMENTS OR IS SUITABLE FOR BUYER’S NEEDS
   
34. Under this Buyer Agreement, Buyer assumes all risk of errors and/or omissions in Website, including the transmission or translation of information. Buyer assumes full responsibility for implementing sufficient procedures and checks to satisfy Buyer’s requirements for the accuracy and suitability of Website, including the information, and for maintaining any means, which Buyer may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under Buyer Agreement.
   
35. BUYER AGREES THAT Tusita and Website (INCLUDING ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS OR ASSOCIATED ENTITIES) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE Website FOR ANY PURPOSE WHATSOEVER.
   
36. Tusita and Website AND ITS AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY IN TORT, CONTRACT OR OTHERWISE TO BUYER AND/OR ANY THIRD PARTY.
   
37. Indemnification: Buyer hereby agrees that Buyer SHALL INDEMNIFY, DEFEND AND HOLD Tusita and Website (INCLUDING ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS OR ASSOCIATED ENTITIES) HARMLESS FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AGAINST Tusita or Website AS A RESULT OF OR RELATED TO: (a) Buyer’s access to and use of Website (b) any non-compliance by Buyer with the terms and conditions hereof; or (c) any third party actions related to Buyer’s receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of other terms, conditions and covenants.
   
38. Links To Third Party Sites: The links on Website will allow Buyer o leave Website. The linked websites are not under the control of Tusita. Tusita has not reviewed, nor approved these websites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked website does not imply endorsement by Tusita / Website of such website. Third party links to Website shall be governed by separate agreements.
   
39. Privacy And Information Disclosure: Tusita has established a Privacy Policy to explain to Buyers how their information is collected and used, which is located at the following web address: http://www.tusitadivineart.com/privacy-policy.htm
   
40. Confidential & Proprietary Information : Tusita does not solicit nor does Tusita wish to receive any confidential, secret or proprietary information or other material from Buyer either through Website, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to Buyer’s submission to Tusita, any comments, feedback, information or other material submitted or sent to Tusita will be deemed not to be confidential, proprietary or secret. By submitting or sending comments, feedback, information or other material to Tusita Buyer represents and warrants that the information and material is original to Buyer and that no other party has any rights to such information or material. All comments, feedback, information or other material submitted shall be and remain Tusita’s property and Tusita shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Buyer also warrants that any "moral rights" in posted information and materials shall stand waived.
   
41. Use/access of Website signifies acknowledgement of and agreement by Buyer to Tusita’s Privacy Policy. Buyer further acknowledges and agrees that Tusita may, in its sole discretion, preserve or disclose Content, as well as information, such as e-mail addresses, IP addresses, timestamps, and other Buyer information, if required to do so by law or in good faith if Tusita believes that such preservation or disclosure is reasonably necessary to: 1) comply with the legal process; 2) enforce these Terms & Conditions; 3) respond to claims in regard to Content violating the rights of third parties; 4) respond to claims regarding contact information (e.g. phone number, street address) of a third-party which has been posted or transmitted without their consent or as a form of harassment; 5) protect the rights, property or personal safety of Tusita, its Directors, officers, employees, affiliates, group companies, agents, representatives, subcontractors, Associated Entities, etc., its Buyers or the general public.
   
42. No Waiver of Violation Of Terms And Right to Damages: Tusita’s failure or delay to act with respect to any breach by Buyer or third parties shall not amount to waiver of Tusita’s right to act with respect to the same, subsequent or similar breaches. Buyer hereby agrees to indemnify and reimburse Tusita for all costs incurred by Tusita towards any legal proceedings pursued to enforce these terms and conditions in case of any violation by Buyer.
   
43. Conflicting Terms: If there is any conflict between this Buyer Agreement and other documents signed/exchanged between Buyers and Tusita/Website, the terms of this Buyer Agreement shall supersede and govern, whether such other document/s is/are prior to or subsequent to this Buyer Agreement, or is/are signed or acknowledged by any director, officer, employee, representative or agent of Tusita or Website.
   
44. Attorney's Fees: If Tusita takes action (by itself or through its associate companies) to enforce any of the provisions of this Buyer Agreement, including collection of any amounts due hereunder, Tusita shall be entitled to recover from Buyer (and Buyer agrees to pay), in addition to all sums to which Tusita is entitled or any other relief, at law or in equity, reasonable and necessary Attorney's fees and any costs of any litigation/recovery.
   
45. Right to Deny Access: Website reserves the right, in its sole discretion, to deny Buyer access to Website or any portion thereof, immediately and without notice, for the following reasons: (a) for any unauthorized access or use of Website by Buyer (b) if Buyer assigns or transfers (or attempts to assign or transfer) any rights granted to Buyer under this Buyer Agreement to any third party; (c) if Buyer violates any other term(s) or condition(s) of this Buyer Agreement.
   
46. Entire Agreement: This Buyer Agreement constitutes the complete and entire agreement between the parties, and no other agreement, written or oral, exists between Buyer and Tusita/Website. By accessing and/or using Website, Buyer assumes full responsibility for any and all gains and losses, whether financial or otherwise, experienced, suffered or incurred by Buyer. Website does not guarantee the accuracy, completeness or validity of, or otherwise endorses in any way, the views, opinions or recommendations expressed on Website.
   
47. Termination: This Buyer Agreement and the license/access granted hereunder may be terminated or canceled for any of the following reasons: (a) for any unauthorized access or use by Buyer (b) if Buyer assigns or transfers (or attempts to assign or transfer) any access rights granted to Buyer under this Agreement to any third party; (c) if Buyer violates any of the other terms and conditions of this Buyer Agreement. Termination or cancellation of this Agreement shall not affect any right or relief to which Tusita/Website may be entitled, at law or in equity. Upon termination of this Buyer Agreement, all access granted to Buyer shall stand terminated.
   
48. Arbitration: Any dispute between Tusita/Website and Buyer(s) arising from, or in any manner relating to, the use of Website shall be referred to the arbitration of a Sole Arbitrator to be appointed under and in accordance with the (Indian) Arbitration & Conciliation Act, 1996 or any other law relating to arbitration as may then be in force in India. Arbitration proceedings shall be conducted at New Delhi, India in the English language.
   
49. Jurisdiction: The terms and conditions of this Agreement are exclusively based on, subject to and shall be governed by Indian law. Buyer hereby consents to the exclusive jurisdiction and venue of Courts of law at Delhi/New Delhi, India in regard to all disputes arising from or relating to the use of Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this clause.
   
50. Notices : Website is operated by M/s Tusita Divine Art Pvt. Ltd. with its Registered Office at 1343 Sector A, Pocket B, Vasant Kunj, New Delhi 110070 (India). All notices to Tusita shall be sent to : M/s Tusita Divine Art Pvt. Ltd., 1343 Sector A, Pocket B, Vasant Kunj, New Delhi 110070 (India) or by e-mail to : info@tusitadivineart.com. All notices to Buyer shall be sent to the e-mail address that Buyer provides to Tusita when Buyer registers. Such notice shall be deemed given one business day after the e-mail is sent. Any action or claim against Tusita must be brought within 1 (one) year following the date on which the claim first accrued or such claim shall be deemed to have been waived.