Terms of Service - Kath Bitha

Kathbitha (Pvt) Ltd (“we”, “us” or “our”) provides a service for viewing, selling and purchasing Artwork through our website, accessible at www.kathbitha.com (the “Site”) provides services of selling Artwork (the “Service“) . Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, available on the Site (the “Privacy Policy”) These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and us.

Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE 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.

Modifications to these Terms

We reserve the right, at our sole discretion, to modify, discontinue or terminate the Site of 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 Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

Modifications to the Services

We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Site or Services at its sole discretion, without notice to you and. We may modify or remove any Artwork (as defined below), Digital Works (as defined below), our content or Member Content (as defined below) from the Site at any time without notice to you.

Occasionally, there may be information on the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Site is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Site, except as required by applicable local laws, regulations, or statutes. No specified update or refresh date applied to the Site should be taken to indicate that all information on the Site has been modified or updated.

Eligibility

The Site and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing the Site or using the Services you represent and warrant that you are 18 years of age or older.

Account Registration

To make a purchase through the Site, 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 or by utilizing our guest checkout option 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, for example if you become VAT registered (“Member Content”). We reserve 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 us of any unauthorized use of your Account.

Privacy

See our Privacy Policy for information and notices concerning our collection and use of your personal information.

Responsibility

We will be acting as the independent non-exclusive reseller with the right to promote and sell Artworks through the Site and Services (collectively “Online Sales”) and we hold worldwide, transferable, non-exclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of Artworks to Members and visitors of Online and Offline channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of Artworks in any form, medium or technology now known or later developed for the purpose of promoting Kathbitha, the Site and Services.

For Artworks, we will provide the purchaser with the order details which includes listing, medium, size and other relevant information pertaining to the purchase and, unless otherwise informed in writing by us, we will be responsible for preparing the Artworks to be collected to be shipped to the purchaser. We will be obtaining the services of preferred shippers with whom we maintain accounts.

We and/or third-party service providers of ours will be responsible for the collection of billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services.

For Artworks without any additional options selected, we agree to complete preparation of Artworks subsequent to the confirmation of availability, to be collected by the shipper within the period informed at the time of concluding the purchase (the “Preparation Period). For Artworks, with additional options selected, a further time period as informed at the time pf completing the purchase will be required which will depend on the complexity of the additional option selected.

You agree to comply with our terms and conditions then-current Return Policy that is applicable to any Artworks that is sold through the Site and Services.

Purchaser Terms and Conditions

Purchases of Artwork

As a Member, you may purchase Artwork that are listed on the Site. When you purchase such an Artwork through the Site, you are purchasing the work from us. Prices for Artwork will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. We or our thirdparty service providers will collect your billing and shipping information and process your payment. Certain Artwork (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. We will ship the purchased work directly to you. Our current Return Policy apply to any Artwork that you purchase through the Services.

Order Cancellations

We reserve the right to cancel any order for an Artwork placed via the Site if we determine, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed on the Site. If we cancel an order placed via the Site, we will send you an email confirmation of such cancellation and you will not be charged for your order.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars or Sri Lankan Rupees and do not include any sales, use, value added (“VAT”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”).

You acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

Color

You understand and agree that we use commercially reasonable efforts to display the colors of Artworks accurately via the Site. However, because individual computer monitors may display colors differently, we are not responsible for the color accuracy of any Artworks displayed on the Site, and disclaim all liability in this regard.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback“). Members may submit Feedback by emailing us at [email protected] Members acknowledge and agree that all Feedback will be the sole and exclusive property of ours and Members hereby irrevocably assign to us and agree to irrevocably assign to us all of Member 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 our request and expense, Members will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following:

Use, display, mirror or frame the Site, or any individual element within the Site, “Kathbitha” name, our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
Access, tamper with, or use non-public areas of the Site, our computer systems or network, or the technical delivery systems of our providers;
Attempt to probe, scan or test the vulnerability of any of our systems or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site, our content or Member Content;
Attempt to access or search the Site, our content or Member Content or download our content or Member Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;
Use the Site, our content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, our content or Member Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to on the Site, our content or Member Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing on the Site;
Collect or store any personally identifiable information from the Site or from other users of the Site without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or to remove any Member Content, but has the right to do so for the purpose of operating the Site and its 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. We reserve the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Artwork, our content or any other text, graphics, images, software, music, audio, video, information or other content or material that we, at our sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site.

Additional Terms and Conditions

Sweepstakes and Contests

We may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site. You should carefully review the rules of each Promotion in which you participate through the Site, as they may contain additional important information about our 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 such rules conflict with these Terms, the terms and conditions of the rules will control.

Intellectual Property

The Site and our content are protected by copyright, trademark laws. Except as expressly provided in these Terms, we and our licensors exclusively own all right, title and interest in and to the Site and our 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 Site, Services or our content.

Copyright Policy

We respect copyright laws and expect our users to do the same. It is our policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that we are 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 us 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, we will have the right to suspend or disable your Account or enforce these Terms, at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Site at any time, with or without cause. In the event we terminate 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 [email protected]

Fees

Access to the Site is free. We reserve the right at any time to charge fees for access to the Site, or any portion thereof. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.

Payments

If you wish to purchase an Artwork, or any other product or service via the Site, you may be asked by us or our designer to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Site and Services. Verification of information may be required prior to acceptance of any order through the Services.

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Site with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

Disclaimers

THE SITE, OUR CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM 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. WE MAKE NO WARRANTY THAT THE SITE, SERVICES, OUR CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SITE. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SITE.

Indemnity

You agree to defend, indemnify, and hold us, our 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 Site, Services, our content or Member 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 Site, our content and Member Content remains with you. Neither us nor any other party involved in creating, producing, or delivering the services 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 Services, our content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site of services or other persons with whom you communicate or interact as a result of your use of the Site, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have 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 our aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site or its services, our content or Member Content exceed the total payments that you made to us for the Artwork that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

Proprietary Rights Notices

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

Resolution of Desputes

Governing Law and Jurisdiction

These Terms will be governed by the substantive laws of the State of Sri Lanka, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute that cannot be amicably settled within 30 days of notice to such effect must be resolved exclusively through Arbitration conducted English in accordance with the Arbitration Act No.11 of 1995 with the seat of arbitration in Colombo, Sri Lanka.

Entire Agreement

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

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our 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 us via email (in each case to the address that you provide) or (ii) by posting to the Site. 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 ours 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 ours. 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.

Contacting Us

If you have any questions about these Terms, please contact us at [email protected]

I have read and agreed to be responsible for the handling of glass and metal items during loading and unloading stages of this process.