Our Products are offered on ‘as is’ basis.
No refund or return is allowed, whether due to your inability or unwillingness to completely use any Products you may have purchased, or any other reason whatsoever.
We reserve the right, but are not obligated, to limit the sales of our Products or the Site Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Site is void where prohibited.
We do not warrant that the quality of any Products, the Site Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products or Site Services will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel Product quantities purchased per person, per household, per organisation or per order. These restrictions may include orders placed by or under the same User Account, the same credit card or bank account, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Certain content, products and services available via our Service may include materials from third-parties.
To the extent the Site Services contain links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their websites or any products or services offered on those websites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider.
We do not guarantee the accuracy or completeness of the information or content included on the websites of these outside services and resources.
EVENTS BEYOND REASONABLE CONTROL (FORCE MAJEURE)
We shall not be liable for delay or failure to perform our obligations under these Terms if such delay or failure is due to any cause or conditions beyond our reasonable anticipation or control. Such causes or conditions shall include, without limitation, acts of God or of the public enemy, acts of any government or any authority or public body thereof in either their sovereign or contractual capacity, strikes, refusal or inability of a common carrier to provide communications capabilities (for example, but not limited to, internet services, email services, telephone and messaging services), shortages of labour, energy or materials, freight embargoes, delays in transportation, unusually severe weather, earthquake, flood, fire, notified epidemic resulting in lockdown of the area of Our offices, or resulting in the closure of our office(s) whether by the order of the authorities or as a matter of abundant caution on our part, valid court order, or any delay or failure to perform by any supplier or sub-contractor resulting from any of the above or other circumstances beyond our reasonable control and against which we could not reasonably have protected ourselves, such events constituting a condition of Force Majeure. We will attempt to notify you, on best-effort basis, at the earliest practicable time, identifying the Force Majeure event, the date of its occurrence and the tentative date up to which the Force Majeure event is expected to continue; however, such notification is not a necessary pre-condition to the event being identifiable as a Force Majeure event and the tentative date is not an assurance or binding on us, and is provided only as a goodwill gesture.
Our obligations under these Terms shall cease for the period of Force Majeure, and shall resume on the date such Force Majeure event actually ends, whether or not this is the same as the tentative date.
DISCLAIMER AND LIMITATION OF LIABILITY
The Site Services, the Services Content, the API, the Database, and any other materials and Products on the Site Services are provided “as is” and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on the Services, for any interruptions or errors in accessing our Site Services, or for any malware (viruses, etc) or other harmful components contained on our Site Services or the server from which our Site Services are made available.
We do not make, and hereby disclaim, any and all warranties of any kind with respect to our Site Services or the Products offered through our Site Services, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or any warranties arising from a course of performance, a course of dealing or trade usage.
Under no circumstances will we or our officers, directors, members, managers, employees, agents, suppliers or successors be liable to any person for any direct, special, incidental, punitive, indirect or consequential damages (including, but not limited to, loss of profits or revenues, lost data or information, loss of use of our Site, business interruption, loss of business reputation or goodwill, costs of substitute services, or downtime costs) relating to the Site Services or the Products offered on our Site Services or resulting from access to or other use of our Site Services or reliance on any information presented on our Site Services, even if we are informed in advance of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
By the using the Site Services, you agree to indemnify us (that is, Be.artsy and/ or any of our officers/employees) from and against all liability, cost, loss or expense arising out of access to any Product, including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
We accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of ourselves or third parties in relation to the Products. We and any of our respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for any late, lost, misrouted, garbled or distorted or damaged transmissions or purchases or any delay or cancellation of delivery of the Products.
You shall be solely responsible for any consequences which may arise due to your participation in the Site Services and/or usage of any Products by conducting an illegal act. Also, You undertake to indemnify us (that is, Be.artsy and its respective officers, owners, employees and agents) on the happening of such an event (including without limitation cost of advocate, legal charges, etc.) on full indemnity basis for any loss/damage suffered by us (that is, Be.artsy) on account of such act on your part.
You hereby agree to indemnify, defend and hold us (that is, Be.artsy) harmless in case of any loss or liability (including but not limited to liabilities, judgments, damages, losses, fines and penalties, claims, costs and expenses such as advocates’ fees and expenses) or any other loss associated with, arising out of or incidental to your ineligibility to participate, any untoward, rash or negligent act on your part, or non-compliance or alleged non-compliance with these Terms, any other rules, regulations, directives (whether written or verbal) issued by us from time to time.
To the fullest extent permitted by law, in no event will we (that is, Be.artsy or any of our officers, servants, employees, representatives and/or agents) be liable for any loss or damages (including, without limitation loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Products and/or any Services Content or user Comments, even if we (that is, Be.artsy) have been advised of the possibility of such damages in advance, and all such damages are expressly excluded. You shall indemnify, defend, and hold us (that is, Be.artsy) harmless in the event of there being any third party/entity/organization claims arising from or related to your purchase of or access to any Product. In no event shall we be liable to you for acts or omissions arising out of or related to your use of the Site Services or Products.
In consideration of us allowing you to take part in the purchase of and access to any Products, to the maximum extent permitted by law, you waive and release each and every right or claim, all actions, causes of actions (present or future) that you have or may have against us (that is, Be.artsy, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives) for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the purchase of Products or related to the use or access to the Products.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site Services, or when you cease using our Site by deleting or cancelling your User Account.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site Services and/or Products (or any part thereof).
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Site Services constitutes the entire agreement and understanding between you and us and govern your use of the Site Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.