Terms & Conditions - MOBILE DIGITAL IDENTITY USERS
Terms of services between the WEBSITE [www.studioartwise.in] and its registered Subscribers/Users of Mobile Digital Identity Solutions.
The “Terms & Conditions” as per the ‘Agreement’ below are an integral part of the website and our Company, ‘Studio Artwise Business Solutions Pvt. Ltd.’. Please read the Terms & Conditions carefully opting for our service of “Mobile Digital Identity Solutions’, hereinafter to be known as MDI in this Agreement.
The acceptance of terms of services related to MDI is a pre-requisite for availing our MDI services through our website. If you are not willing to accept the terms, you may please exit to avail our services of MDI. In case you have some doubts and wish to seek clarification, you may contact our legal team at mail@studioartwise.in / CC helloartwise@gmail.com
Our company, ‘Studio Artwise Business Solutions Private Limited, reserves the right to modify/delete/revise any of the Terms & Conditions from time to time as per our internal policies and business requirements. The MDI registered users shall be advised by email whenever there is a modification/deletion/revision in any of our Terms and conditions for the MDI registered users, your acceptance of the revised policy shall be a pre-requisite to continue to avail our MDI services.
01. THE DEFINITIONS
a) Agreement’ herein means, the Agreement with acceptance of Terms & Conditions between our website and the registered users/subscribers.
b) Mobile Digital Identity users mean the registered users who have paid to avail of our digital Identity and have created the Mobile Digital Identities by providing information as required for the cards/template/themes.
c) Effective date’ means, the date of acceptance of this Agreement and making payment for MDI solutions.
d) In case the date of acceptance of this Agreement and the date of payment differs, the effective date shall be the date of payment received by the service provider i.e., [www.Studioartwise.in]
e) Payment Gateway’, means the online payment service provider listed on our website for processing payment.
02. ELIGIBILITY TO REGISTER ON OUR PLATFORM
Before registration on our platform, please confirm you are above 18 years of age and have attended the majority.
03. THE PLATFORM
a) The platform herein means our website [www.studioartwise.in]
b) website [www.studioartwise.in] is offering its services in 2 (two) different areas which are Mobile Digital Identity, and template-based e-commerce websites.
c) The users signing up for MDI are required to abide by the terms of services related to MDI.
d) The users signing up for the website for MDI are doing so willingly and have the option of not signing up in case the terms of services are not suitable for them.
e) The website is a platform for its users to create a Mobile Digital Identity, which will be in virtual format. The same shall be shareable to multiple users, and the non-users too, with the use of a scan code, hyperlink, or social media platform.
f) The platform acts merely as an intermediary between the registered users and their users or connects. The platform does not own any rights to the registered user’s information, contact details, and revenue so generated from the commercial use of the MDI (Mobile Digital Identity).
g) The platform does not have any responsibility for the safeguard of MDI which is shared by the registered users with their customers, friends, and any other individual or organization. The safeguarding of the MDI solely relies upon the hands of the MDI registered user.
h) The platform also does not hold any connection between the MDI’s registered users and their further users or with whom they are sharing their MDI. It is the responsibility of the MDI holder to share their MDI with people of their trust and choice.
i) In whatsoever manner, the platform is not involved in the verification of actual address, business, profession, or verification of the information shared by the registered user except for the phone number and email address which are mandatory for verification of the profile.
j) The platform offers a virtual space for MDI users to create their Identities for a minimal fee. It does not have control over further misuse, data theft, spamming, or any unauthorized usage by any third party.
k) The platform offers a space to the users instead of a registration fee. The platform is not responsible for profile mismanagement/data theft or any unauthorized usage by any third-party vendor/production house, or third party.
l) The platform is not engaged in any advisory/counseling services to any MDI users in whatever manner.
m) The Platform and the website [www.studioartwise.in] do not provide a marketplace for buying/selling goods or services of its registered users. It merely provides templates and hosting services for the creation of Mobile Digital Identities.
04. MOBILE DIGITAL IDENTITY USER TERMS
a) The MDI services can be availed by individuals, professionals, proprietary concerns, partnership concerns, companies, or any other person who is willing to create and is legally allowed to create a Mobile Digital Identity.
b) The users intending to create an MDI are entitled to provide accurate information like Name, business or profession, contact number, and email address to [www.studioartwise.in]. The phone number and email address shall be verified by the team of [www.studioartwise.in].
c) [www.studioartwise.in] reserves the right to accept or reject the user’s MDI creation request at its discretion. The MDI creation can be rejected on various grounds including reasons which are beyond communication.
d) The platform is not obliged to communicate the exact reason for the rejection of MDI creation; however, the rejection shall be communicated.
e) The creation of MDI is chargeable to every user at a minimum fee based on the MDI’s templates/themes. The platform provides ‘ready-to-use’ pre-built templates/themes under various categories i.e. Free, Freedom, Premium, and Exclusive. If the users sought any customization in terms of information, design, etc., the same shall be chargeable on a case-to-case basis. The chargeable fee of each MDI’s templates/themes is available with the MDI’s templates/themes.
f) The users' contact information is subject to verification by the platform by sending a confirmation email and confirmation SMS as and when required. The contact information shall be for a record of the platform and shall not be shared with any third party without the prior consent of the user.
g) MDI users are restricted from sharing their user ID, password, and MDI creation details with any third party. The registration details (login ID & Password) are limited to the uses of the user creating the account and creating the MDI.
h) The registered users are mandatorily required to abide by all the Terms and Conditions of this Agreement and agree to upload factual, valid, appropriate, non-abusive, non-sexual, non-violent original information in their MDI.
i) The platform reserves the right to scrutinize the information provided for the creation of the card and approval or rejection shall be communicated within 48 hours after uploading of information.
j) The registered users are strictly advised to upload contact information, address, and business profile of their own. Misleading and wrong information shall call for criminal complaint against the user.
k) This agreement and the fee of MDI are valid for 1 year from the date of the payment made by the user & this agreement.
05. Governing Law
This Agreement shall be governed by and construed following the laws of India. In the event of any dispute arising out of or relating to this Agreement, the courts of Mumbai, India shall have exclusive jurisdiction.
06. Waiver
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any subsequent breach or default.
07. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations hereunder due to causes beyond its reasonable control, including, without limitation, acts of God, acts of war or terrorism, strikes or other labor disputes, fires, floods, earthquakes, or other natural disasters.
08. ACCEPTANCE OF THE TERMS AND CONDITIONS
IT IS MANDATORY FOR THE USERS TO READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT IN FULL. IF THE USERS HAVE ANY DOUBTS OR USERS SEEKING FOR CLARIFICATION ON ANY OF THE CLAUSES MENTIONED ABOVE ARE REQUESTED TO SEND AN EMAIL to mail@studioartwise.in and helloartwise@gmail.com BEFORE OPTING FOR REGISTRATION AND BEFORE PAYMENT OF REGISTRATION FEE.
KINDLY ACCEPT ALL THE TERMS AND CONDITIONS TO PROCEED FURTHER.
Payment gateway terms between Studio Artwise Business Solutions Pvt. Ltd. and its MDI users -
(Please note the e-commerce website user must enter into a separate agreement with their payment gateway provider. The below terms of payment gateway provider are just preliminary to clear your viewpoint. You may or may not share this with the users)
Payment Gateway user terms
a) The users availing of our template-based MDI builder services are advised to enter into separate agreements with their payment gateway providers. The payment gateway providers on our platform are specifically meant for our platform and they are not entitled to provide services to users of our platform.
b) The MDI users who are offering buying/selling of products through the online marketplace on their website which will be hosted on our website will be required to install payment gateway security certifications and other security features on their website on their own.
c) [www.studioartwise.in] does NOT provide services of payment gateways to any of its users. Neither do we provide security certification or features thereto.
d) If the MDI’s registered user fails to comply with Government regulations for e-commerce websites or fails to comply with the rules of the payment gateway our platform shall not be liable for the same, in any of the circumstances or events.
Studio Artwise Business Solutions Pvt. Ltd.
India (Mumbai)