Terms and Conditions of The “ELISIUM ART” Platform

The following are the terms and conditions applicable to the Users of the “Elisium Art” platform (hereinafter the “Platform”) of the company Atomdigit Technologies Pvt Ltd (CIN U62099GJ2023PTC142002) (hereinafter, the “Company”), identified under the domain https://www.elisium.art, where the purpose is to put in contact Buyers of Artworks with Sellers of Artworks, as defined in this document in clause 5.

The terms and conditions will describe the contractual relationship between the Company and the Users. In them, we will explain the rights and obligations that Users acquire by using the Platform, or by using any of our Services by any means, and the rules under which the relationship will be maintained.

By registering as a User, using our Services, and/or expressly accepting these terms and conditions electronically, Users express their consent and acceptance of them. All of the above, by clicking and/or double-clicking on the links that the Platform has available for this purpose.

Likewise, by carrying out any of the activities mentioned above, Users declare that they have legal capacity and the necessary powers to bind themselves in accordance with these terms and conditions.

Users should carefully read these terms and conditions, our privacy and personal data processing policy, and any other document referenced in these terms and conditions.

1. About Elisium Art

Elisium Art is an online art gallery to connect the demand for Artworks with the supply of the same by third parties outside the Company so that Buyers can acquire Artworks from Sellers between whom a sales contract is concluded, without the Company being linked to either end of the legal relationship that arises between them.

2. Definitions

1. Content: means everything that Users publish on the Platform, including but not limited to: descriptions of the Artworks, images, links to other web pages, ratings, etc.

2. Artworks: Are all the products offered on the Platform, which include paintings, drawings, sculptures, photographs, digital art, and products derived from the works or decorative objects.

3. Platform: is the website, application, or computer development, regardless of its name, that will offer Users access to the Services. The name of the Platform, its format, and operation may vary as the Company deems appropriate.

4. Services: are the Services defined in clause 5 of these terms and conditions, consisting of an Artworks Marketplace.

5. Users: Are classified as follows:

   1. Buyer(s): those subjects who make a purchase of any Artwork, either for their own use or for a third party. Buyers may be natural or legal persons.

   2. Seller(s): those who register on the Platform with the purpose of exhibiting Artworks to those who demand them. Sellers may be natural or legal persons, and may be directly the artists, the artist’s representative, a person who has an Artwork in their possession and wants to sell it, or brands that want to sell their own Artworks or decorative products.

   3. Visitor: are those who simply visit the Platform with the purpose of knowing the Services or obtaining information offered on the Platform.

3. Purpose

By registering on the Platform as a User, by accepting these terms and conditions and/or by using our Services, Users are freely and voluntarily contracting an intermediation service for the purchase and sale of Artworks. The conditions of this Service include these terms and conditions and any other binding document that is published on the Platform or is made known to the User by any other means, which will be available for consultation, including but not limited to the privacy and personal data processing policy.

4. Requirements to Access the Services

For Users to be able to access the Services, they must meet at least the following requirements:

1. Have the legal capacity to contract.

2. Be over 18 years of age.

3. Have the necessary resources to pay for the Artworks acquired.

4. Have read these terms and conditions.

5. Description of the Services

The Platform offers a Marketplace service to connect Buyers with Sellers so that the former can acquire Artworks from the Sellers.

6. About the User registration process and rules relating to the Account

To access the Services offered on the Platform, Users must create an account on the Platform. Visitors may view the Content posted by other Users on the Platform.

1. General terms and conditions of registration

   1. At the time of accessing the Platform, Users must complete the registration form in all its fields, with valid data, in order to carry out transactions on the Platform. The Platform may require at any time, the information it deems necessary to verify the information provided.

   2. All Users must complete the required information in an accurate, precise, and truthful manner, and assume the commitment to update their data whenever necessary. For such purposes, and prior to the collection of the respective personal data, Users must read and be aware of the Personal Data Protection Policy of the Platform and authorize the processing of their data in accordance with said policy, which is available at the following URL: https://www.elisium.art/privacynotice

   3. Users guarantee and will be responsible, in any case, for the veracity, accuracy, validity, and authenticity of the personal data they provide.

   4. Users will be liable for any damage, harm, or inconvenience caused by the provision of false, erroneous, and inaccurate information.

   5. If the personal information of the Users presents any change that may affect any of the Services offered by the Platform, Users must update it through the means provided for this purpose.

   6. Users accept and acknowledge that the Company will use the email address registered in the account as the main method of communication.

   7. Users accept that the accounts or profiles created may be disabled or limited if the Platform determines that incorrect, false, or inaccurate information has been provided or that the Platform has been misused.

   8. The account is personal, unique, and non-transferable.

   9. Users will access their account by entering the email registered on the Platform and the chosen personal security password. Users are obliged to maintain the confidentiality of their security password and to take the necessary security measures so that no security incident occurs regarding the management of their account and the respective security password that assists them. The Company will not be liable for any loss or damage arising as a result of the insecurity of your account.

   10. The Company may cancel an existing account for any reason, at its sole discretion.

   11. User accounts may not be assigned or transferred, nor may they be subject to any other commercial transaction not expressly recognized by these terms and conditions. Users are responsible for any unauthorized use made by a third party, whether voluntarily or involuntarily, or any third party who may access their access credentials, for acts performed by Users classified even by slight negligence. Users undertake to notify the Company immediately, by an appropriate and reliable means, of any unauthorized use of their account, as well as access by unauthorized third parties to the same.

   12. The User is solely responsible for the activity and Content managed from their account.

2. Grounds for rejection, suspension and/or disabling of account registration

The Company may cancel, suspend, or disable any account when any of the following events occur:

1. Any account where false, incorrect, inaccurate, imprecise, erroneous, or confusing information is found will be cancelled.

2. The accounts of a User will be suspended when a User breaches any of its obligations with respect to the Platform. In case of breach on more than three (3) occasions, the account will be cancelled. Without prejudice to the foregoing, the temporary suspension of an account may proceed, as long as there is evidence of a potential breach or violation of legal provisions or these terms and conditions.

3. When an illegal operation or one that threatens the safety of property or persons is carried out through a registered account, such account will be cancelled, and if applicable, the competent authorities will be notified of the irregularity.

4. Any account that uses inappropriate language in the development of its interactions will be temporarily suspended unless the space in which it is used allows this type of interaction. Inappropriate language shall be understood as that which is disrespectful, affects the honour and good name of persons.

7. User Obligations

The Users agree to comply with all the obligations expressed in these Terms and Conditions, as well as those established in other documents, including but not limited to other contracts that may be entered into with the Company, as well as the Personal Data Protection Policy. In addition to these obligations, Users shall have the following obligations:

1. To address the Platform staff and other Users with respect.

2. To pay for the Services according to the fees informed on the Platform.

3. To update the information provided regarding their identity.

4. To notify the Platform of any irregularity or illegality of which they become aware.

5. To refrain from sending information or making publications that infringe the intellectual property rights of third parties.

6. To read and fully understand these Terms and Conditions.

8. Obligations of Elisium Art

By virtue of the nature of the Service offered by the Platform, it is obliged to:

1. Provide the infrastructure for the proper functioning of the Services.

2. Manage the Artwork purchase process.

3. Require all Sellers to provide information that allows their identification.

4. Allow Buyers to consult the Sellers’ information for the purpose of submitting a complaint or claim directly to the Seller.

5. If the Platform is notified by a User about the existence of false, erroneous, inaccurate, incomplete, or non-compliant information with these terms and conditions, it may carry out the pertinent investigations and inquiries in order to corroborate the assertions that were known. In case of evidencing such failures or having reasonable suspicion about their veracity, authenticity, or verifiability, it may disable the accounts by communicating it to the User.

6. Collaborate with Buyers to manage their claims directly with Sellers.

7. Pay Sellers the price of the Artworks sold by them, minus the fee that corresponds to Elisium Art.

9. Guarantee of the Services

Users accept and acknowledge that Elisium Art is a marketplace Platform that connects Sellers with Buyers of Artworks but is not the seller of the same, nor does it have any type of relationship with the Sellers, so that it is not in a position to guarantee the suitability or authenticity of the Artworks, so that the Platform cannot guarantee the same.

Elisium Art does not guarantee the availability, continuity, or infallibility of the Platform’s operation, and consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any nature that may be due to the lack of availability or continuity of the Platform’s operation and of the services enabled therein, as well as errors in accessing the various web pages or those from which, where appropriate, such services are provided. However, Elisium Art does guarantee the commitment to verify and continuously monitor its contents and information.  

Once the Elisium Art team is aware of possible technical difficulties that prevent the normal operation of the Platform, the necessary technical measures will be taken, which also includes prior notification to Users through the enabled email address and/or through the Platform.

Notwithstanding the foregoing, Sellers are obliged to comply with all the rules of the Consumer Protection Statute, in the event that a consumer relationship is configured, and to that extent, they must be directly liable for the damages, losses, and guarantees claimed by Buyers against them.

The Company will help Buyers manage their requests, complaints, or claims against Sellers, but this obligation is of means and not of result, and to that extent, it does not constitute any guarantee regarding the Services provided by the Platform.

The Platform will make its best efforts to provide the Services with the quality that Users expect, subject to these terms and conditions.

Notwithstanding the foregoing, the intermediation Services provided by the Platform have no guarantee, other than that the intermediation between the two parties is effectively achieved and is provided in accordance with the terms of clause 10 of these terms and conditions.

10. “As Is” Service

Users accept that the Services provided by the Platform are “as is,” which means that there is no express or implied warranty on the provision of the Platform Services, except to guarantee that effective intermediation between Sellers and Buyers occurs.

No information that Users have received by any means from the Company or any of its representatives or officials, in addition to these terms and conditions, will compromise the Company’s liability or represent any guarantee on the Services.

For this reason, the only recourse that Users will have in relation to the Services provided by the Platform will be to cancel their account and not use the Platform again.

11. Requests, Complaints, Claims, and Suggestions

Requests, complaints, claims, and suggestions (hereinafter “RCCS”) to the Platform Services will be governed by the following provisions:

1. User RCCS may be filed through the contact form or by email to: support@elisium.art.

2. The User or a third party on their behalf, upon identification, may submit their direct claims free of charge on the Platform or other means available to it.

3. The Platform will register and individualize the claim by assigning a number to your claim, which will be made known to the person who submitted it through a copy or by informing them of the number of the claim.

4. The Platform may transfer the RCCS to a third party when it deals with information or a service not provided directly by the Platform.

5. In the event that the response corresponds to the Platform, it must be made within the following fifteen (15) business days.

12. Elisium Art’s Liability

The Company informs Users that it will be exempt from liability when:

1. Users provide incorrect, inaccurate, outdated, or false identity data or information, and in particular, although not exclusively or limited to, for damages of any nature that may be due to impersonation of a third party, made by a User in any kind of communication or transaction made through the Platform.

2. For consequences derived from the Content of the information published by Users, notwithstanding that the Platform may limit or delete any Content at its discretion.

3. When there is a suspension, interruption, or cut of the Service due to corrective or preventive maintenance.

4. When urgent modifications are required on the Platform due to causes beyond the Company’s control in cases of large-scale congestion in lines or signals, cases of force majeure or fortuitous events attributable to nature, weather conditions, high or low voltage in the electrical system, and others of a similar nature.

5. For viruses imported through the network or whatever their origin.

6. For the improper use of the Services by the User, whether due to ignorance of the use of equipment, misconfiguration of the same, technical access failures, or other similar problems in the equipment owned by the Users.

7. For loss of profits from business not carried out by Users, loss of profits, pecuniary losses, or loss of information or data.

8. For any cost, damage, or harm caused to Users as a result of the misuse of the Services by persons outside the Platform.

9. For infringements of intellectual property rights made by Users who attribute to themselves the status of right holders, either as owners or licensees of such rights, or who presume to have any type of authorization for their use.

The Company’s total liability to you, regardless of the form of action (whether in contract, tort, or otherwise), shall not exceed the greater of: (a) the total amount paid by you to the Company for the Services during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) USD 500

13. Indemnity

Users, and especially Sellers, agree to indemnify, defend, and hold harmless the Company from and against any and all claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable attorneys’ fees, arising out of or in any way connected with any breach of these terms and conditions, the improper use of the Platform, the liability of Sellers, and in general, any breach of the sales contract entered into between the Buyer and the Seller, including, but not limited to, any injury, loss, or damage of any kind arising in connection with or as a result of such sales contract.  

14. Service Level Agreement

The Company undertakes to maintain a Platform availability of 90%.

15. Platform Failures

The Company is not responsible for any damage, loss, or injury caused by failures in the Platform derived from the server or the Internet. The Company will also not be liable for any virus that might infect the Users’ equipment as a result of accessing or using the Platform or as a result of any transfer of data, files, images, text, or audio contained therein. Users may not impute any liability to it or demand payment for loss of profit by virtue of damages resulting from technical difficulties or failures in Internet systems. The Company does not guarantee continued or uninterrupted access and use of its Platform beyond what is indicated in the Service Level Agreements.

The Platform may eventually not be available due to technical difficulties or Internet failures, or for any other circumstance beyond the Company’s control; in such cases, we will try to restore it as quickly as possible without any liability being imputed to the Company. The Company will not be liable for any error or omission that Users make within the Platform.  

16. Hyperlinks to other websites and use of cookies

Users accept that the Company may make use of cookies and other similar technologies, both on the Platform, its contents, services, and in the emails sent to Users, in order to, among other things: authenticate, record activities on the Platform, improve the functionality of the same, optimize the Services offered, analyse market trends, analyse the demographic information of those who visit the Platform and make use of the services it offers, evaluate the effectiveness of its advertising, consumer behaviour of the Platform’s buyers and the result of the activities carried out there, determine who has opened the email sent and the format in which they do so. These tools allow obtaining, among others, information regarding the type of browser and operating system used, the IP address, the time spent on the Platform and the number of visits made to the Platform, the use of the same, among others.  

Users can configure their browser to disable and delete cookies, in which case, although they can continue to visit the Platform, access to certain features of the Platform may be restricted.

The Platform may contain direct links to other websites on the Internet, and for this reason, we have no power or control over such websites. Users acknowledge and accept that Elisium Art will not be responsible in any way for the content of any linked website, nor for any loss or damage caused by the use of any website linked to Elisium Art.

17. Intellectual Property

The Platform, the Services, the solutions and designs, graphics, texts, images, source code and object code, model of use, and other content to which Users have access for the use of the Services are the property of the Company and are protected by intellectual and industrial property laws as applicable.

The distinctive signs, such as trademarks, trade names, logos, and all the components of the distinctive signs of the Company, are the exclusive property of the same, so Users do not have the right to use the trademarks without authorization.

The use of the applications and software of the Platform by the Users does not imply any assignment of the industrial property rights and copyrights of the Company over such content, nor over the Platform. The authorized uses will be delimited by these terms and conditions, the natural and functional purpose of the applications and software of the Platform, and the legal relationship between the Users and the Company. The conferred uses must be interpreted restrictively.

Users and any third party must refrain from applying reverse engineering, disassembling or decompiling, manipulating, or circumventing the security mechanisms associated with the Platform, either totally or partially, extracting and/or reusing parts of the content without the prior and express consent of the Company and/or its respective owners, under penalty of indemnifying the Company for any damage or harm caused by the breach of this section.

18. Processing of Personal Data

By accepting these terms and conditions, the Company is authorized to collect, use and process the personal data contained in the Platform and those that may be provided or collected in the future, for the purposes and under the terms described in the Personal Data Processing Policy of the Company, which is available at: https://www.elisium.art/privacypolicy

In any case, Users may exercise their rights to know, update, rectify or delete the data or to revoke this authorization under the terms of the Personal Data Processing Policy.

The Company may request from Users some Personal Data such as name, address, telephone number and email address, and means of payment. By providing the data by any means, the User grants express consent for the Company to carry out Personal Data Processing operations such as collection, storage, use, circulation, or deletion, under the terms of the Personal Data Processing Policy. The Company may also obtain data through integration with Microsoft, Google, Facebook, or other platforms, which will also be subject to these terms and conditions and especially to the privacy and personal data processing policy.

The personal data will be processed for the development of the corporate purpose of the Company and other purposes specified in the personal data processing policy of the Company.

The Company will process personal data, as defined in the Company’s privacy and personal data processing policy, for as long as necessary to fulfil the aforementioned purposes, and/or as long as necessary for the fulfilment of legal or contractual obligations.

19. Term and Termination

These terms and conditions and the other binding documents will apply to the relationship with the Company as long as the User uses the Services offered by the Platform.

In the event that the Company determines that the User has breached any of the conditions set forth in this document, it may immediately terminate or suspend the relationship with the user.

20. Force Majeure and Fortuitous Event

Neither the Users nor the Company will be liable for breach or delay in the fulfilment of obligations in the event of a force majeure event, that is, if it is irresistible and unforeseeable and beyond the reasonable control of both the User and the Company, including but not limited to the enactment of a law, an act of authority, a flood, an earthquake, a pandemic, etc.

Neither the User nor the Company will be liable in the event of a fortuitous event involving the act of a third party that becomes unforeseeable and irresistible and legally beyond the control of the party alleging it, including but not limited to war, a malicious act of third parties, etc.

In any case, force majeure and fortuitous events will be considered exempt from liability and will suspend or extinguish, as applicable, the fulfilment of the obligations.

21. Acceptance of the terms and conditions and modifications thereof

The use of the functionalities included in the Platform by the Users implies acceptance of these Terms and Conditions. If any User disagrees with any of the elements contained in the Terms and Conditions, they must cease using the Platform.

These Terms and Conditions constitute a legally binding agreement between the Users and the Company.

The Platform may make updates and changes to these Terms and Conditions, both in their appearance and in their characteristics and content, and this may be changed or modified as new functions or features are developed and to the conditions of access at any time, without this implying any additional commitment to those established by the Platform nor may any type of damage be alleged.

22. Applicable Law

Users accept that these terms and conditions will be governed by Indian law. In the analysis of this document, the documents thereof will be interpreted in the following order:

1. The terms and conditions

2. The personal data processing policy

3. Any other written document signed by the User and the Company with the intention of making it part of the binding documents.

23. Severability

Users accept that each of the clauses of this document is essential, and the breach of any of them may lead to the termination of the contract that the User enters into with the Company.

If any of the provisions of the binding documents are considered invalid, illegal, or unenforceable, their remaining provisions will not be affected or prejudiced at any time, and the invalid, illegal, and unenforceable provisions will be restated in such a way as to reflect the original intent of the document.

24. Dispute Resolution

Users accept that for any divergence or discrepancy that arises during the use of the Platform, the User and the Company will have a term of thirty (30) calendar days, counted from the date of the claim, to resolve their differences by resorting to direct negotiation or conciliation.

If after this time, we cannot reach any agreement, both the User and the Company are free to go to the ordinary courts.

Thank you for carefully reading our terms and conditions.

Last Updated: This Policy was last updated on September 27, 2024.