TERMS OF USE & PRIVACY POLICY
Hello!Welcome to Floating Canvas Company’s Terms of Use and Privacy Policy. Please note that by accessing this website, you are agreeing to abide by our Terms of Use and Privacy Policy as set out below. We advise you to read these conditions and stipulations carefully before proceeding to access this website. When we say ‘you’, we only mean natural persons.
Overview
1. Our ‘Terms of Use and Privacy Policy’ constitute an electronic record in terms of applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. We reserve the right to change, amend, alter and modify our Terms of Use and Privacy Policy, and we will make an endeavour to notify you of the same at the earliest. By continuing to use this website, you agree to accept all changes, amendments, alterations and modifications made to our Terms of Use and Privacy Policy.
3. We will always strive to ensure that the information available on this website is accurate and reliable, however we make no warranties or representations as to the accuracy, correctness, reliability or otherwise, with respect to such information, and assume no liability or responsibility for any omissions or errors in the content of this website.
4. We will always endeavour to ensure that this website is functional and available at all times and that transmissions are error-free, however we do not guarantee this. Please note that we may limit access to this website for maintenance or augmentation reasons at any time without issuing prior notice.
5. We reserve the right to (a) refuse access to this website, (b) terminate accounts, and (c) remove or edit content, at any time, without giving notice.
Your Account
6. You agree to be responsible for maintaining the confidentiality of your account details which would include your username, password and any other detail you submit/provide which you deem to be confidential. You agree to not do any act which would result in unauthorised access to your account. You agree to take all steps necessary to ensure that the information you provide/ submit is kept confidential and secure. If you have any reason to believe that your account has been subjected to unauthorised use, you should reach out to us immediately. Our contact details are mentioned at the bottom of this document. You agree to take complete responsibility for any unauthorised use of your account resulting from your act or omission.
7. In order to use this website, you need to be 18 years of age or older. If you are below 18 years of age, then you need consent of your parent or guardian to use this website and your parent or guardian must agree with all the terms and conditions set out in our Terms of Use and Privacy Policy. You also need to be a person who is capable of (a) giving free consent, and (b) entering into a valid contract.
8. You represent and warrant that any information you provide through this website is true, accurate and complete, and you agree to keep it that way at all times.
Your Conduct
9. You agree (a) to not commit any act, or omit to do an act that causes or is likely to cause any disruption, damage, interruption or impairment to this website, (b) to use this website for lawful purposes only, and (c) that you take full responsibility for all communications and content sent from your computer to us.
10. You agree to not use this website (a) to defame or vilify any person of any caste, race, creed or religion, (b) to send, accept or use any material that is obscene, pornographic, indecent, harassing, threatening, harmful, abusive, inflammatory, defamatory, or otherwise, objectionable, (c) in breach of any law, or (d) in violation of any right or liberty.
Your Privacy
11. We will collect the information that you provide/ submit while using our website including your name, your address (billing and any other address that you provide to us at any point in time), your telephone no, your e-mail address, your device ID, details of order(s) placed, date and time of order(s), and payment details. We also collect information based on how your browse or access or use our website including cookie information.
12. We value and respect your privacy. We use your personal data which you make available to us, for the purposes of our business including confirming your identity, contacting you, for invoicing and other administrative work, and sending (the occasional!) advertisements. Any information provided by you to us will be treated as confidential and we will not share such information without your consent. However, we may be required to use information provided by you for internal purposes. We may have to disclose any/ all information provided by you to our successors and permitted assigns; such disclosure being essential to run our business. We may have to disclose information if required by applicable laws or if required in any judicial proceeding, court order or legal process.
13. Please note that we provide online payment services through a leading payment gateway service provider. Any financial information such as credit card details, provided by you will be stored in encrypted form by the service provider and employees of Team Float Private Limited (“Team Float”) will not have access to such information. We assure you that we will not store your PIN or CVV number. However, you may note that transmission of data over the Internet, or any method of electronic storage, is not 100% secure. We assure you that we will always endeavour to resort to methods and processes which give maximum protection and security to the information you provide, however we cannot guarantee absolute protection and security. We would assume no liability for any disclosure of data which occurs on account of (a) transmission errors, (b) unauthorized access/ act/ omission, or (c) any act or omission by a third-party.
14. We use a third-party service provider for putting up advertisements on this website as well as across the Internet. The service provider may collect anonymous information when you access this website and may also use such information to show relevant advertisements to you.
15. We use cookies and similar technologies to collect website usage data. If you disable cookies or enable ‘do not track’ option, you may not be able to view certain portions or use certain services of this website.
Intellectual Property Rights and Licensing
16. Contents of this website including texts, graphics, logos, icons, images, audio clips, data compilations, and software are owned by Team Float and/or its affiliates. All rights, titles and interests associated with the contents of this website vest in Team Float and/or its affiliates, as the case may be. Users of this website will only have a limited, non-exclusive, non-transferable and revocable licence to access/ use this website. You can access this website and use any/all services available to users like you. You agree not to use any content of this website in any manner for any commercial or non-commercial purpose without express written consent of Team Float or its affiliates, as the case may be. You agree to not modify, alter, adapt, format, reformat, download, upload, post, copy, reproduce, broadcast, publish, display, perform, transfer, transmit, disseminate or redistribute any content of this website in any manner.
17. You agree to not use any data mining tool, bots or any other tool/ device/ method/ process/ algorithm/ program to collect, copy or acquire any content/ portion of this website without the express written consent of Team Float and/or its affiliates, as the case may be.
18. Copyright of artworks offered on this website will always be with the concerned artists. Users of this website will only have a limited, non-exclusive, non-transferable and revocable licence to access images and other details of artworks as available on this website. While Team Float, its affiliates and its employees continually strive to ensure that artworks offered on this website do not infringe copyright of any person, we do not take any responsibility in case any artwork is found to infringe copyright of another person. You agree the responsibility and liability of such infringement would lie with the artist and any legal resource is to be taken against the concerned artist alone.
Indemnity
19. You hereby agree to indemnify and hold harmless Team Float Private Limited, its affiliates and its directors, agents and employees, from any claim, demand, or actions including legal fees, made by any third party, or from any penalty imposed due to or arising out of your breach of conditions set out in this Terms of Use.
Miscellaneous
20. Please note that third-party service providers which facilitate transactions on this website, such as payment gateways and other payment transaction processors, have their own privacy policies. We strongly recommend that you read their privacy policies so you are aware of how your personal information will be handled by these providers. If these service providers have any facilities outside India which are used to facilitate transactions made on this website, information made available by you may become subject to laws of applicable jurisdictions. By proceeding to transact through this website, you are agreeing to subject yourself to applicable laws of all such jurisdictions. For your convenience, we are providing weblinks of all such third-party providers: here, here and here.
21. In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, we are to be held liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained in this website, including and without limitation to damages for (a) lost profits, (b) loss of goodwill, (c) loss of business, or (d) loss of data, arising out of use or inability to use this website.
22. All statements, conditions, stipulations and declarations made in this Terms of Use and Privacy Policy document will be construed and interpreted in terms of law prevailing in India. In case of any dispute, the courts of Mumbai will have the exclusive jurisdiction to deal with the same.
23. If any clause of this agreement is or becomes illegal, invalid or unenforceable under the laws prevailing in India, the clause shall be deemed to be severed from this agreement and the remaining clauses will continue to be operative.
24. In case you have any complaint, feedback, or inquiry, please feel free to reach to us at [email protected] and +91 9137395896.
25 .If you reside in a country in the European Union (EU), European Economic Area (EEA), or Switzerland, then Team Float will be controller of the personal data that you provide on Floating Canvas Company website.
26. As provided in ‘Your Privacy’ section, we collect your personal data which you voluntarily provide to us. Your consent when you provide your personal data to us shall be:
- to carry out our business,
- to contact you,
- to invoice you,
- to process transactions,
- to send marketing/ advertising information,
- to transfer your data outside EU/ EEA/ Switzerland and/ or to permitted assignees in order to process your requests and orders,
- for the purpose of legal and regulatory norms and judicial process,
- to enforce rights, and
- for security reasons.
27. We use processors within the meaning of Article 28 of the GDPR for our business, and the processors may use your personal data under our specific instructions. However, we are not responsible if processors engaged by us, do not abide by our instructions, and process your data incorrectly. You are entitled to take action, legal and otherwise, against the processor for improper processing of your personal data.
28. We use third-party vendors to store information collected by us. If you access our website, YOU ARE CONSENTING to processing and/or storage of your data outside EU/ EEA/ Switzerland.
29. Your data will be stored until the purposes for which your data was collected, exist.
30. You are free to withdraw your consent at any point. If you wish to withdraw your consent, you need to send an e-mail to [email protected]. We will process your request for withdrawal of consent within 30 business days.
31. Once your consent has been withdrawn, you may also request for deletion of your data. If you wish to have your data deleted, you need to send an e-mail to [email protected]. We will process your request for withdrawal of consent within 30 business days.
32. Please note that we would not be able to process your request for withdrawal of consent and/ or request for deletion of data, if there is a legal mandate or judicial process which requires us to retain such data.
33. In terms of the GDPR, you also have the following rights which you can exercise by writing to us at [email protected].
- You can request for a copy of your personal data that you have provided to us. We will process your request for withdrawal of consent within 30 business days.
- You can request for rectification of your personal data that you have provided to us. We will process your request for withdrawal of consent within 30 business days.
- You can object to processing of your personal data. We will process your request for withdrawal of consent within 30 business days. You need to understand that your objection can lead us to deactivate your account, cancel your orders, and any other operational call that we may have to take in order to process your request.
34. All time limits specified here will be adhered to by Team Float to the extent possible. Sometimes, it may take longer for us to process your request(s), but we would always try to ensure that such instances are few and far between.
35. The personal data that you provide to us may be aggregated or de-identified so that the data can no longer identify you, and we may use such aggregated for business purposes.
36. In case of a merger, acquisition, amalgamation, or any form of restructuring or reorganisation, or liquidation or insolvency process involving Team Float, some or all data provided by you may be shared or transferred, subject to standard confidentiality arrangements.
37. Our website and associated services are meant for natural persons who are 13 years of age or older. We do not ask for personal data of persons who are below 13 years of age. If we find out that a natural person who is below 13 years of age has submitted his/ her/ their personal data to us, we would take reasonable measures to remove such information from our records except to the extent necessary to comply with legal requirements or judicial process. If you become aware of any natural person providing his/ her/ their personal data to us, please write to us at [email protected].
38. If you do not agree with the general and / or specific stipulations of our privacy policy and terms of use, we would suggest not providing your personal data to us.
