TERMS & CONDITIONS

This website (the “Site”) and the products, services, and features offered through the Site (the “Services”) are provided by SignedWorks a brand owned by Registered Company Mark and Make Media Private Limited(“Company”, “we”, “us”, or “our”). By using our Services (the “User”, “you”, or “your”), you agree to these User Terms and Conditions (“the Terms”). These Terms, along with the Privacy Policy and Copyright Policy, collectively constitute this “Agreement.”

This Agreement is a legally binding document that governs your use of and access to the Services. We may post additional terms and policies on the Site that apply to certain Services we offer. If you use those Services, then the additional posted terms and policies will become part of this Agreement. We reserve the right to update these Terms at any time by posting the updates on the Site. By using our Services after the date of the posted changes, you acknowledge and agree to the changes. Please read these Terms carefully and regularly check our Site for updates.

Our Services are available only to users who are at least 18 years old and reside globally. If you are under 18 years old, or if you do not agree to these Terms, you may not access the Site or use our Services.

Section 13 contains an arbitration clause, jury trial waiver, and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through individual binding arbitration, waiving any right to have those disputes decided by a judge or jury, and waiving your right to participate in class actions, class arbitrations, or representative actions.

  1. ARTWORK SALES

We act as an intermediary for buyers to purchase artwork (“Artwork”) directly from sellers. We are not an agent for buyers or sellers or party to any sale transaction. We do not control information provided by buyers, sellers, or users and are not responsible for their actions or the actual sale of any Artwork. We may offer intermediary services between buyers and sellers related to dispute resolution or customer service at our sole discretion. Our decisions in such matters are binding and final on all parties.

Sellers certify that Artworks on the Services are new and have never been previously owned by consumers. All Artworks on the Services are sold “as-is,” “with all faults.” You are responsible for reviewing all information about an Artwork before placing an order. While we strive to provide accurate descriptions and images of Artworks, we do not warrant their completeness, accuracy, or reliability. We are not responsible for verifying or investigating any Artwork, the rights of a seller to sell such Artwork, or the authenticity, condition, or quality of any Artwork offered for sale via the Services. Other than as expressly provided, neither Company nor the seller of any Artwork makes any warranty, representation, or guarantee to you or any other buyer regarding the Artwork.

All orders made through the Services are subject to acceptance. Orders are subject to product availability, and we reserve the right to cancel or refrain from processing an order for any reason. If your order is accepted, we will send a confirmation email with your order details. Certain products may be subject to additional terms and conditions at the time of purchase. We also reserve the right to verify your identity before or after processing or accepting your order.

Certain Artworks may require customs, cultural, and regulated species permits for export or import, or may be subject to a right of purchase by the country of export/origin. We are not responsible for, nor do we make any representation or warranty regarding, the requirement for, or the availability of, valid export/import permits or the existence of preemption rights to purchase by governmental or regulatory authorities.

Sellers and buyers are not permitted to use the Services to contact each other for offers to sell or buy an Artwork outside of the Services. Please notify us at hello@signedworks.in if you are contacted by a seller violating this restriction. Violating this restriction may result in you being responsible for applicable fees and recovery of our expenses in enforcing compliance.

  1. PRICING AND PAYMENT

By using our Service to purchase an Artwork and completing the checkout process, you agree to purchase the Artworks listed in your order and will pay the listed prices in full via your provided payment method. If you wish to cancel a previously placed order before the Artwork has shipped, you may contact us at hello@signedworks.in to inquire if your order is eligible for cancellation. Your payment method will be charged upon completion of the checkout and payment process. By placing an order, you authorize us and our third-party service providers to charge your selected payment method for all amounts listed on the checkout page.

We strive to provide accurate pricing information for Artworks available on the Services but do not guarantee error-free pricing. We are not responsible for typographical or other pricing errors. If there is a pricing error related to your order, we will notify you, and you may either cancel the order or confirm the order at the corrected product pricing. We reserve the right to cancel any order if a pricing error has occurred. All prices listed on SignedWorks are in Indian INR and are subject to change without notice. The listed prices do not include taxes or charges for shipping and handling, unless expressly stated on the product page. Estimated taxes and shipping and handling charges, if applicable, will be applied to your checkout total and itemized in your shopping cart and order confirmation. The GST displayed at checkout will encompass all relevant Indian state and central taxes and any applicable charges. You are responsible for paying all applicable sales and use taxes, VAT, export/import taxes and duties, and all transactional taxes or levies related to each Artwork you purchase.

  1. SHIPPING AND RETURNS

Artworks ordered through the Services will be shipped to the destination listed in your order confirmation via our third-party fulfillment partner. We will arrange for shipment of purchased Artworks and provide shipment tracking information upon shipment. Shipping and delivery dates and times are estimates and not guaranteed. Title and risk of loss pass to you upon the seller’s transfer of products to the delivery service provider.

We encourage you to purchase shipping insurance during checkout and file a claim under your policy in the event of any damage to Artwork during transit. Unless otherwise posted in the listing for an Artwork you purchase, you will have two business days from your receipt of the Artwork to initiate a return by contacting us. If eligible for return, we will arrange insured return shipping with you. Artworks must be returned in original condition, and any damages will be deducted from the amount refunded to you. We apply a 10% restocking fee and deduct the cost of return shipping and insurance from the total amount returned to you. Refunds for eligible, accepted returns will be remitted to the payment method used for the purchase.

  1. USING THE SERVICES

When visiting the Site and using the Services, you must comply with applicable laws, these Terms, and any posted policies. By using the Services, you agree to use all content made available on the Services only as expressly permitted in these Terms. You will not violate applicable laws or the legal rights of others, including rights of privacy, publicity, and intellectual property rights. You agree not to reverse engineer, rent, copy, sell, modify, transfer, or distribute any of the software or technology underlying the Services. You will not use the Services to share or post information or content that is illegal, defamatory, libelous, invasive of privacy, infringing, tortious, fraudulent, offensive, abusive, or harassing. You will not use the Services for primarily commercial purposes without our prior written consent.

If you register for a user account, you will provide accurate registration information, keep your login credentials confidential, and promptly notify us of any unauthorized use of your account. If you purchase Artwork on the Services, you will provide correct and complete payment information and represent that you are authorized to use such payment method for the purchase. If we do not receive payment from your credit or debit card issuer, you will pay all amounts due upon our first demand.

By providing us with any information or content, you agree that we may use such information and content as permitted by our Privacy Policy. You will not use the Services to share or post misleading, false, or untruthful information or content. You will not impersonate us or others or falsely claim affiliation with us. You will not manipulate, forge, or alter identifiers or data to disguise the source of any content or information through the Services. You will not access or attempt to access content or information you do not have permission to access. You will not interfere with the proper functioning of the Services or circumvent access restriction measures.

Any Artwork you purchase through the Services is for your own account, and you are the ultimate purchaser. You have no knowledge or reason to suspect that you are under investigation, charged with, or have been convicted of any money laundering crime, terrorist activity, or act in violation of any anti-bribery or anti-corruption law. You are not subject to trade sanctions, embargoes, or restrictions, nor are you owned or controlled by a Sanctioned Person. None of the amounts you pay us will be funded by a Sanctioned Person.

  1. INTELLECTUAL PROPERTY MATTERS

The SignedWorks name and logos displayed on the Services are our trademarks and service marks, and you may not use or display them without our prior written consent. All other trademarks, service marks, company names, and logos appearing on the Services are the property of their respective owners. We retain all intellectual property and proprietary rights in and to the Site and Services. No express or implied licenses are granted by Company herein. All content made available on the Services is owned or licensed by us, our users, affiliates, licensors, and third parties and is protected by copyright, trademark, and other intellectual property laws. You must comply with all restrictions and copyright notices in such content.

Our Services may include the ability for users to view content posted by others (“User Contributions”). Any User Contributions will be considered non-confidential and non-proprietary. By submitting any User Contribution to the Services, you grant us and our users, affiliates, and service providers a non-exclusive, irrevocable, royalty-free, worldwide, perpetual right and license to access, use, copy, modify, reproduce, publish, perform, display, translate, create derivative works from, transmit, distribute, and exploit the User Contribution on the Services and/or in any other media, form, or technology now known or later developed. You own or control all necessary rights to grant the foregoing license to the User Contribution, and the User Contribution complies with all applicable laws and regulations and these Terms.

  1. INDEMNIFICATION AND RELEASE

You agree to indemnify, defend, and hold harmless Company (including its affiliates, subsidiaries, officers, directors, employees, and agents) from any claim, demand, or loss, including reasonable legal fees (“Claim”) made by any third party due to or arising out of your breach of any law, the rights of a third party, this Agreement, your purchase or use of any Artwork through the Services, or your improper use of the Services. Company has the right to participate in any such Claim at its own expense. You may not settle or resolve any Claim without Company’s prior written consent if such settlement or resolution would require any admission of fault, impose any obligation on, or otherwise require action or forbearance on the part of Company. Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company’s defense of these claims. You hereby release Company from any Claim relating to Artwork sold or Content displayed on the Services, your interactions with sellers, other users, or third parties, and any disputes you may have with them. You further waive any applicable rights under any similar law of any applicable jurisdiction, which states that a general release does not extend to claims unknown at the time of executing the release.

  1. WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICES AND ALL INFORMATION AND CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR MEET YOUR REQUIREMENTS. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES.

COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY THEREOF. COMPANY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY UNDER THIS AGREEMENT IN THE SIX MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

  1. ENFORCEMENT AND MONITORING

We are not responsible for editing, screening, monitoring, or taking action with respect to User Contributions for any reason, including if we believe that such User Contributions violate these Terms or may be unlawful or harmful. We reserve the right to suspend, limit, restrict, or terminate your access to all or any part of the Services or Content, or change, update, or adopt new practices, policies, and fees for the Services and Content without prior notice. We also reserve the right to disclose your identity or information about you to any third party who alleges that material posted by you violates their rights.

  1. CHILDREN’S INFORMATION

The Services are not intended for use by individuals under 18 years of age, and we do not knowingly collect personal information from individuals under 18. If we learn that a child under 13 has provided personally identifiable information to us, we will take reasonable measures to delete such information and not use it for any purpose.

  1. VISITORS FROM OUTSIDE INDIA

Our Services are offered from India, and we do not knowingly collect, maintain, or use personal information from individuals outside of India. If you access the Services from outside India, you agree that you are solely responsible for compliance with all local laws and regulations that may apply to your use and access.

  1. COPYRIGHT INFRINGEMENT

If you believe that any Content available on the Services may be in violation of your copyright, please refer to our Copyright Policy below for instructions on providing us with a notice of copyright infringement. It is Company policy to terminate the user accounts of repeat infringers.

  1. THIRD-PARTY LINKS AND CONTENT

The Services may include links or access to services and sites owned and operated by third parties. By including these links, sites, and services on the Services, we are not indicating an affiliation with or endorsing any products, services, information, or content available through any third-party services or sites. Your use of any third-party services and sites may be subject to third-party terms and conditions of use and privacy policies.

  1. DISPUTE RESOLUTION AND WAIVERS

You agree with us that any claim or dispute relating to or arising from these Terms that cannot be resolved between you and us through reasonable negotiation shall be submitted to arbitration under the Arbitration and Conciliation Act, 1996, as amended, for final, mandatory, and binding arbitration using the English language. Arbitration will be handled on an individual basis by a single arbitrator selected in accordance with the rules of the Indian Council of Arbitration or any other recognized arbitration institution in India. The place of arbitration shall be Pune, Maharashtra, India. Judgment on the arbitration award may be entered in any court of competent jurisdiction. All aspects of the arbitration will be treated as confidential. The arbitrator may not award relief or damages that are inconsistent with these Terms. By agreeing to these Terms, you and Company each agree to waive the right to submit any claim or dispute to a court or jury, to appeal to a higher court, or to participate in a class action lawsuit to the fullest extent permitted by law. Notwithstanding the foregoing, you and Company each will have the right to bring an action on an individual basis in a court of competent jurisdiction for injunctive or other equitable relief in order to preserve the status quo or avoid irreparable harm for which monetary relief is inadequate.

  1. MISCELLANEOUS

This Agreement becomes effective upon your first visit to the Site. Company may terminate this Agreement at any time upon notice to you. No right or obligation under this Agreement may be assigned by you without the prior written consent of Company. Each party represents and warrants that it has full authority to enter into this Agreement, grant the rights herein, and perform its obligations. This Agreement and all matters relating to it shall be governed by the laws of India, without regard to conflicts of laws principles. Any dispute arising hereunder shall be exclusively brought in the courts of Pune, Maharashtra, India, and the parties consent to the personal jurisdiction of those courts.

We will not be responsible for any delay or failure in performance under this Agreement caused by circumstances or actions beyond our reasonable control. Nothing in this Agreement shall be construed as creating any agency, partnership, franchise, business opportunity, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between you and Company. No waiver under this Agreement is effective unless in writing signed by both parties. Headings are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed, and the remainder shall be interpreted so as to best reflect the original intent of the parties.

This Agreement constitutes the sole entire agreement between the parties pertaining to the subject matter hereof, and supersedes all oral negotiations and prior writings with respect to the subject matter. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

  1. ACCESSIBILITY

We are committed to improving the digital accessibility of our Services for all users, including people with disabilities. Our efforts at improving accessibility are ongoing and evolving. We welcome your feedback on improving the accessibility of the Services.

  1. CONTACT US

You may contact us at hello@signedworks..in or SignedWorks.

Copyright infringement claim notices should be sent to the copyright agent designated in our Copyright Policy in the format and matter described therein.

  1. COPYRIGHT POLICY
  2. Copyright Infringement Claim Reporting

We respect the intellectual property rights of others and expect the users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable laws. If you believe any content or materials available on the Services infringe your copyright rights, you may request that the materials be removed from the Services by sending a written notification to our designated copyright agent. The written notification must include substantially the following information, in accordance with the Copyright Act, 1957 (India):

  • Your physical or electronic signature
  • Identification of the copyrighted work you believe to have been infringed
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and email address)
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the written notice is accurate
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Your notice may not be effective if you do not comply with all of the requirements of the Copyright Act, 1957 (India). Please note that if you knowingly materially misrepresent that material or activities on the Services are infringing your copyright, you may be liable for damages (including costs and attorneys’ fees) under the applicable law.

  1. Counter Notification Procedures

If you believe that material you posted to the Services was removed or access to it was disabled due to misidentification or mistake, you may submit a counter notification by sending a written notification to our designated copyright agent. The Counter Notice must include substantially the following:

  • Your physical or electronic signature
  • An identification of the material that was removed or for which access was disabled and a description of where it appeared prior to being removed or having access disabled
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and email address)
  • A statement by you made under penalty of perjury that you have a good faith belief that the identified material was removed or disabled as a result of a mistake or misidentification
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside of India, then in any judicial district in which the Services may be found) and that you will accept service from the person who provided the complaint to the Services

Please note that if you knowingly materially misrepresent that material or activities on the Services were removed or disabled by mistake or misidentification, you may be liable for damages (including costs and attorneys’ fees) under the applicable law.

Our designated copyright agent to receive notices and counter notices is:

[Your Copyright Agent’s Name and Contact Information]

We review notices and counter notices and will take whatever action we deem appropriate, including removing or disabling access to the challenged materials on the Services. It is our policy to, in our discretion and in appropriate circumstances, disable or terminate the accounts of users that are repeat copyright infringers or otherwise as provided in our User Terms and Conditions.

Please note that notices and counter notices are legal notices that differ from regular communications or activities relating to our Services

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