Terms Of Service

TERMS OF USE

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.

ELIGIBILITY

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.

USER ACCOUNT

In order to fully use the Products or Site Services, you may be required to register yourself with the Site by creating and operating a “User Account”. Please refer to our Privacy Policy for more details about the personal information required for a valid User Account.

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 sending an email to […].

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.

USER RESTRICTIONS

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.

OWNERSHIP, SUB-LICENSING

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.

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