Welcome! By using this website (the “Site”), which is owned and operated by Be.artsy, you, the User, agree to be bound by the following terms and conditions (the “Terms” or “Agreement”). In this Agreement, Be.artsy will be referred to as “Be.artsy”, “We” or “Us” and you, the user, will be referenced as “You” or the “User”:
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the Site or use any services provided in or via this Site. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
By visiting our Site and/or purchasing something from us, you engage in our “Services” and agree to be bound by the Terms, including additional terms and conditions and policies referenced or hyperlinked herein. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, and/ or contributors of content.
Please regularly review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SERVICES AND PRODUCTS
Be.artsy may from time to time offer certain Services and/or Products on this Site (collectively, the “Products”). The service of providing these Products constitutes the “Site Services” provided on this Site. Prices for our Products are subject to change without notice. The Products will be provided at the prices displayed against them on the Site at the time, and subject to applicable taxes at the time. We reserve the right to change the prices at any time.
You may only use the Site Services if You:
- are eighteen (18) years or older, OR have submitted the written consent of your parent/guardian for your use of this Site, and also the commitment of your parent/guardian to making the necessary payments towards such use; and
- live in India; and
- have a valid email account and/or a valid mobile number; and
- have a valid bank account and/or credit card; and
- should you wish to claim any tax benefits you are eligible for under income tax or GST provisions, you must have a PAN and/or GSTIN.
By completing the online registration process with the Services, you further agree to receive all communication from us including promotional messages through SMS, voice call, Email and Push Notifications. You may withdraw your consent by contacting us via Contact Us.
During the registration process, you will be required to choose a login name and a password. You may be required to give further personal information for your User Account verification, like a valid email account and mobile number. This User Account is not transferable to any other person under any circumstances whatsoever.
You must never divulge or share access or access information to your User Account with any third party for any reason. We are not liable for any losses you may incur on account of any such exposure by you to a third party who may misuse your account information, directly or indirectly.
You undertake that you will not allow any third party to access the Site Services or Products from your User Account using your username, including that you will not log in and then allow the third party to access your User Account.
You must give us the correct details in all fields requiring your personal information, including your name, postal address, email address, telephone number(s), PAN and/or GSTIN, and other information that may be required from time to time to enable us to permit access to the Products to you and to keep your User Account up to date and
compliant with the law. You agree to promptly update your account and other information, including your email address, phone number and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You acknowledge that we may, at any time, be required to verify the accuracy of this information and in order to do so, may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration and/or delete your User Account with the Site Services.
Any information provided by you should be complete and truthful to the best of your knowledge, and comply with KYC conditions in force from time to time.
We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information.
You agree that use or attempt to use your User Account for any reason other than what is stated in these Terms, may result in immediate termination of your User Account and forfeiture of any payment you may have made towards Products.
You may not use our Products or the Site Services for any illegal or unauthorised purpose nor may you, in the use of the Site Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your User Account, content, or any other attributes appearing in, originating from or associated with the Site Services.
You may not create a login name or password or upload, distribute, transmit, publish or post content through the Site Services or through any service or facility including any messaging facility provided by the Site Services which is: defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing or contains expressions of hatred, has the potential of hurting religious sentiments, racial discrimination, pornography, or is otherwise objectionable or undesirable (whether or not unlawful), would constitute incitement or abetment to commit a criminal offence, violates the rights of any person, is aimed at soliciting donations or other form of help, violates the intellectual property of any person or disparages in any manner Be.artsy or any of its subsidiaries, affiliates, licensors, licensees, associates, partners, sponsors, products, services, or websites or promotes any other service or product; or violates any laws.
If we determine that the login name created by you is indecent, objectionable, offensive or otherwise undesirable, we shall notify you of the same and you shall promptly provide us with an alternative login name so that we can change your existing login name to the new name provided by you. If you fail to provide an alternative name, we may either permanently suspend your User Account or restore your User Account only after you provide a different acceptable login name.
You shall not upload, distribute or publish through the Site Services, any content which may contain malware, viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to us or that aids in providing the Site Services.
You shall not use the Site Services to disseminate or upload malware, viruses, programs, or any other software, whether it is harmful to the Site Services or not.
Any form of fraudulent activity including attempting to use or using any other person’s credit card(s), debit card(s), net-banking usernames, passwords, authorisation codes, prepaid cash cards, mobile phones for buying Products or adding money to your User Account is strictly prohibited.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Site Services and/or our Products.
The Site Services contain various information in the form of data, text, graphics, and other materials from us and third parties (the “Services Content”). You acknowledge that the Site Services, the Services Content, and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Services Content is and shall remain our property or that of our licensors, licensees or assignees. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Services Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the Site Services, any Services Content, in whole or in part. You are also prohibited from reverse-engineering the Services or the Services Content.
As between Us and You:
We retain all rights, title and interest in and to all intellectual property rights embodied in or associated with the Site Services, including, without limitation, the Application Programming Interface (“API”), Database, Services Content, trademarks, and any and all our Services and any content created or derived therefrom (collectively, the “Be.artsy IP”) and;
There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by us or our suppliers. You shall not take any action inconsistent with our ownership of Be.artsy IP. Neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein to you are not sub-licensable, transferable or assignable.
CONDITIONS OF USE AND ACCESS TO OUR PRODUCTS AND THE SITE SERVICES
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card or banking information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card or banking information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site Services, use of the Site Services, or access to the Site Services or any contact on the website through which the Site Services are provided, without express written permission by us.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, suggestions and ideas disclosed, submitted or offered to Us in connection with your use of the Site Services (collectively referred to as “Comments”) shall remain the exclusive property of Be.artsy and may be used by Be.artsy in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on the Site Services and on radio, television, online and print advertisements. Your first name, first initial of your last name, and town/city and state may be used with any Comments you submit. By using the Site Services and/or our Products, you agree to irrevocably assign your rights in the Comments to Be.artsy in perpetuity, and you acknowledge and agree that the use of the Site Services and/or Products is sufficient consideration for the same.
Be.artsy is not under any obligation to maintain your Comments (and the use of your first name and first initial of Your last name with any Comments) in confidence, or to pay to you any compensation for any Comments submitted, or to respond to any of your Comments or any other user’s comments on your Comments. You agree you will be solely responsible for the content of any Comments you make.
You shall not post any material or comment, on any media available for public access, which in our sole discretion, is defamatory or detrimental to our business interests, notwithstanding the fact that such media is not owned or controlled by us. In addition to any other action that we may take pursuant to the provision hereof, we reserve the right to remove any and all material or comments posted by you and restrict your access to any media available for public access that is either controlled or moderated by us; when in our sole opinion, any such material or comments posted by you is defamatory or detrimental to our business interests.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Site Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site Services.
We make no guarantees with respect to the availability or uptime of the Site Services, the API, the Be.artsy Content or our Database. We may conduct maintenance on any of the foregoing at any time with or without notice to you.
Your access to all or part of the Site Services or Products may be terminated or suspended at any time, without notice and for any reason that we may deem fit.
RETURN AND REFUNDS POLICY
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.