Terms and Condition...

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 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.Intelicanva.com website and Intelicanva application for mobile and handheld devices. These terms of use (the "Terms of Use") govern your use of our website www.Intelicanva .com (the "Website") and our "khwahish" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App.

DEFINITION APP:

An application, especially as downloaded by a user to a mobile device. ARTISTS: The persons who intend to perform through the khwahishApp shall be termed as Members.

COMPANY:

Intelicanvas having its office at 1858, Rajdanga Mais Rd, 6th floor, Merlin Acropolis, Suit no: 02. East West Bengal 703107 MEMBERS The artist who intends to perform through the App shall be termed as Members.

OWNER:

Owner of this App shall be Intelicanvas having its office at 1858, Rajdanga Main Rd, 6th floor, Merlin Acropolis, Suit no: 02. East kolkata Twp, Kolkata West Bengal 700107

PLATFORM:

Website of Intelicanva being www.Intelicanva.com PRODUCTS Musical instrument and accessories that are being put to sale by this app shall be termed as Product. PURCHASERS the users who purchase the product as aforesaid from the app has been defined on the website. PDPs PDP are individual entrepreneurs engaged with Intelicanvas on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for a service fee. PDPs are independent contractors and are free to determine their timings of work.

SERVICE:

That functions provided to members and the artist by the Intelicanvas. Service Providers shall be Intelicanva.

SERVICE AREA:

The service rendered by the Intelicanvas shall be within the City Limits of Kolkata and the change shall be notified from time to time.

USER:

Any natural person above the age of 18 who can avail the services of this website and app as has been defined here shall be termed as USER.

WEBSITE:

A place connected to the Internet, where a company, organization, etc. puts information that can be found on the World Wide Web.

By installing, downloading or even merely using the Platform, you shall be contracting with Intelicanvas and you signify your acceptance to this Terms of Use and other Intelicanvas policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

The Platform is owned and operated by Intelicanvas , a private limited company incorporated under the Companies Act, 1956 and having its registered office at 1858, Rajdanga Main Rd, 6th floor, Merlin Acropolis, Suit no: 02. East kolkata Twp, Kolkata West Bengal 700107. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "Intelicanvas", "we", "us" or "our" shall mean Intelicanvas .

Intelicanvas enables transactions on its Platform between participating arrangements of Artists, Artist /Service Providers and buyers, dealing in (a) Musical Instruments, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various Artist /Service Providers including but not limited to the stores ("Artist /Service Provider/s"), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”). Intelicanvas enables to perform of such Orders or completion of Tasks at select localities of serviceable cities across India ("Artistical Service") by connecting third party service providers Artists who will be responsible for providing the Artistically and completing performance initiated by the users of the Platform (Buyers or Artist /Service Providers). The Platform Services and Artistical performance are collectively referred to as "Services". For both Platform To perform and to deliver goods that has been stated.

TERMS AND CONDITION OF THE EMPLOYMENT OF THE ARTIST BY THE HIRER

The hirer shall choose the artist as per his or her choice and the company shall have no role in selecting the artist.
The company shall be not responsible for the performance of the Artist and or the performance of the accompanist musicians’ performer.
The company shall be not responsible for the performance and or not performance of the artist.
The company is not responsible for any payment disputes that may arise between the hirer and artist.
The payment shall have to made by the hirer at the time of hiring the services of the Artist and there shall be no refund in case of any cancellation of the performance by the hirer.
The artist shall not get any amount in the event the artist cancels any of the performance as fixed by the hirer.
Intelicanvas is merely acting as an intermediary between the Artist /Service Providers and Buyers and/or PDPs and Buyers/Artist /Service Providers.
PDPs are individual entrepreneurs engaged with Intelicanva on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. PDPs are independent contractors and are free to determine their timings of work. Intelicanvas does not exercise control on the PDPs and the relationship between the PDPs and khwahish is not that of an agent and principal or employee and employer.
For the pickup and Artistical Service and completing the performance, PDPs may charge the users of the Platform (Buyers or Artist /Service Providers), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for Artistical Service/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Intelicanvas policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Intelicanvas policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other Intelicanva policies. As long as you comply with these Terms of Use, Intelicanvas grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Intelicanvas policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

USE OF PLATFORM AND SERVICES

All commercial/contractual terms are offered by and agreed to between Buyers and Artist /Service Providers alone with respect to products and services being offered by the Artist /Service Providers. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of to perform, warranties related to products and services and after sales services related to products and services. Intelicanvas 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 Artist /Service Providers.
Intelicanvas may, however, offer support services to Artist /Service Providers in respect to Order fulfillment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed by Intelicanvas with the Artist /Service Providers. The price of the product and services offered by the Artist /Service Provider are determined by the Artist /Service Provider itself and Intelicanva has no role to play in such determination of price in any way whatsoever.
Upon acceptance of any Order or Task by the PDPs, the pickup and Artistical Service or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Artist /Service Providers/Buyers and PDPs. Intelicanvas shall not be responsible for the services provided by PDP to Artist /Service Providers/Buyers through the Platform. Intelicanvas may, however, offer support services to PDPs in respect of Order fulfillment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by Intelicanvas with the PDPs. Intelicanvas does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Artist /Service Providers. You are advised to independently verify the bona fides of any particular Artist /Service Provider that you choose to deal with on the Platform and use your best judgment on that behalf. All Artist /Service Provider offers and third-party offers are subject to respective party terms and conditions. Intelicanvas takes no responsibility for such offers.
Intelicanvas neither 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 Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Intelicanvas accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Intelicanvas does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick up and Artistical Service and Task completion services to the Artist /Service Providers or Buyers as the case may be.
Intelicanvas is not responsible for any non-performance or breach of any contract entered into between Buyers and Artist /Service Providers, and between Artist /Service Providers/Buyers and PDP on the Platform. Intelicanva cannot and does not guarantee that the concerned Buyers, Artist /Service Providers and PDPs will perform any transaction concluded on the Platform. Intelicanvas is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Intelicanvas is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Artist /Service Provider and/or Buyer and PDP on the Platform come into or take possession of any of the products or services offered by Artist /Service Provider or PDP. At no time shall Intelicanvas hold any right, title or interest over the products nor shall Intelicanva have any obligations or liabilities in respect of such contract entered into between Buyer and Artist /Service Provider and/or Buyer and PDP.
Intelicanvas 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 Artist /Service Provider and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, Intelicanvas shall notify the same to Artist /Service Provider and shall also redirect the Buyer to the consumer call center of the Artist /Service Provider. The Artist /Service Provider shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Artist /Service Provider accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Artist /Service Provider and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
Similar to the above, Intelicanvas is only providing a platform for communication with PDP and does not provide any pick-up and Artistical Service or Task completion services with respect to the Orders placed by Artist /Service Providers/Buyers on the Platform as it is merely facilitating Artistical Service by connecting the Artist /Service Providers/Buyers with the PDP through the Platform. In case of complaints by the Artist /Service Providers/Buyers for deficiency or lapse in the Artistical Service or Task completion services provided by PDP, Intelicanva shall notify the same to the PDP and also assist Artist /Service Providers/Buyers to the best of its abilities to enable satisfactory resolution of the complaint.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Intelicanvas- Use of the Website and Apps (Android and iOS) You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, download, modify, publish, transmit, update or share any information which belongs to another person and which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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.