BY ACCESSING OR USING THE PLATFORM OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, AGREED AND UNCONDITIONALLY ACCEPTED THE PRACTICES AND POLICIES OUTLINED IN THIS TERMS AND CONDITIONS AND PRIVACY POLICY, AS WELL AS AGREE TO BE BOUND BY THEM. 

THESE TERMS AND CONDITIONS ARE SUBJECT TO THE APPLICABLE LAWS IN INDIA AND APPLIES TO ALL VISITORS AND USERS OF THE PLATFORM (‘USERS’).

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING THE PLATFORM AND EXIT IMMEDIATELY.

The “Platform” shall mean this internet based electronic video streaming platform <Insert URL> and/or an Platform, owned and operated by Art India Publishing Company Limited, a private limited company having its registered office at Jindal Mansion, 5A, Dr. G. Deshmukh Marg, Pedder Road, Mumbai 400026, India (hereinafter referred to as “Art India”). The terms “We”, “Us” or “Our” are used in these T&Cs and it shall refer to Art India or its subsidiaries, group companies and/ or affiliates.

You (the “User” of the Platform) represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Platform in accordance with all Terms and Conditions herein. You also acknowledge and agree that, unless specifically provided otherwise, this Agreement only applies to this Platform and your online activities in relation to this Platform. This Terms and Conditions shall be in addition to the Privacy Policy as contained on the website of Art India (www.artindiamag.com). however, this T&Cs along with the Privacy Policy shall prevail on the provisions on the website, to the extent contrary.

1. Modification of Terms
   1. We reserve the right to change, modify, amend these Terms and Conditions at any time, at its sole discretion, without any advance notice. Further, supplemental terms and conditions or documents may be added or posted on the Platform which are hereby expressly incorporated by reference. The changed or supplemental terms and conditions shall become effective once posted on the Platform. We shall alert you by updating the “Last updated” date of these T&Cs and you expressly waive the right to receive specific notice of each such change or addition. Your continued use of this Platform, after any changed/ supplemental terms and conditions are posted, shall mean that you have accepted the changed Terms and Conditions.  

2. Applicability
   1. The information, content or services provided through this Platform are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
   2. The Platform is intended for users who are at least 18 years old. Persons under such prescribed age are not permitted to use or register on this Platform.  

3. User Representations
   1. By using the Platform, you represent and warrant that: 
      1. all registration/ subscription information you submit will be true, accurate, current, and complete; 
      2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
      3. you have the legal capacity and you agree to comply with these T&Cs; 
      4. you are not a minor in the jurisdiction in which you reside; 
      5. you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; 
      6. you will not use the Platform for any illegal or unauthorized purpose; and 
      7. your use of the Platform will not violate any applicable law or regulation.

2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). 

4. User Registration
   1. You may be required to register/ sign up for the use of the Platform. You agree to keep your password, if any, confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, that such username is inappropriate, obscene, or otherwise objectionable. Any such determination by us will be binding upon you.

5. Disclaimer of Warranties
   1. All the content, services, facilities through the Platform are provided on an “as-is” and “as-available” basis. Your access to and use of Platform and other materials on, or through, this Platform is solely at your own risk. We make no warranty whatsoever about the reliability, adequacy, stability or virus free nature of such Platform or its features. To the maximum extent permitted by applicable law, we disclaim all warranties relating to the content, information, software, products and services contained in this Platform. We hereby disclaim all warranties and conditions with regards to this information, software, products and services contained in this Platform including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. We further disclaim any liability and indemnification obligations for any harm or damages caused by any third-party including but not limited to hosting providers.

2. Linked third-party sites/ information: This Platform may contain links and pointers to internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on such third- party linked sites. Third-party links and pointers are included solely for your convenience, and do not constitute any endorsement by Art India. 

We do not make any such representation in relation to the accuracy of any/ all information provided by other sources for example by the providers of other information, or of other parties linked to or from the Platform. 

You assume the sole risk for any reliance you place on such third-party information that you might come across while using the Platform. 

3. No Advice: Any suggestions, recommendations, commentary and/or other materials posted on our Platform are neither intended to nor do amount to any advice on which reliance should be placed. We therefore disclaim all liabilities and responsibility arising from any reliance placed on such materials by any user/ visitor of the Platform, or by anyone who may be informed or may act upon any of its contents.

4. Security of data transmission: We will endeavour to ensure uninterrupted availability of the Platform and error-free transmissions. However, the Platform may be subject to limitations, delay and other problems such as those inherent in the use of the internet and electronic communications.  Art India is not responsible for any delays, delivery failures or damages resulting from such problems. Further, no data transmission over the Internet can be guaranteed to be secure. Art India is not responsible for any interception or interruption of any communications through the internet or networks or systems outside its control. You are responsible for maintaining the security of your networks, servers, Platforms, and access codes.

5. Repairs and Maintenance: We reserve the right to withdraw or amend the service provided through the Platform without any notice. Further, your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, updates or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We shall not be liable if for any reason, the Platform is unavailable at any time or period.

6. Limitation of Liability

1. We shall not be liable for any personal injury or property damage, of any nature whatsoever, resulting from your access or use of the Platform. 
2. In no event will we be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits, loss of data etc.), punitive, or exemplary damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
   1. access to or use of this Platform, or delay or inability to use this Platform, or any information contained in this mobile Platform; or,
   2. availability and utility of products and services 
   3. Such limitation of liability shall be applicable to the maximum extent permitted under the law. Any rights not expressly granted herein are reserved by us.
   4. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

7. Indemnity

1. As a condition of use of this Platform, you agree to indemnify, defend and hold us harmless, including its subsidiaries, affiliates and personnel from and against any and all liabilities, claims, expenses (including attorney’s fees and expenses) and damages arising out of claims resulting from your use of this Platform, including without limitation: 
   1. Your breach and/or misrepresentation of the user representations and warranties as stated in this T&Cs;
   2. Your engagement in Prohibited Use of the Platform;
   3. Claims by third parties arising out of your use of the Platforms; and/or
   4. Claims alleging facts that if true would constitute a breach by you of these terms and conditions.
2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

8. Limitations On Use
   1. You agree to use the Platform only for personal, non-commercial use. You agree to use Platform’s services only for legitimate purposes. You agree to all the terms and conditions of use of the Platform or any purchase, including, but not limited to, full and timely payment of all amounts due and compliance with all rules concerning availability of content or services. All fees, assessments, charges, taxes and duties arising out of use of the Platform are your sole responsibility.
   2. You agree to not indulge in “Prohibited Use” of the Platform. “Prohibited Use” includes, without limitation, using the Platform to:
      1. Defame, harass, stalk, threaten, abuse or otherwise violate others’ right as defined under any applicable laws.
      2. Harm or interfere with the operation of others’ mobiles and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or mobile viruses.
      3. Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
      4. Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
      5. Transmit, post, or otherwise disclose trade secret, or other confidential or protected proprietary material or information.
      6. Download or upload files that are unlawful to distribute through the Platform.
      7. Transmit any information or software obtained through the Platform, or copy, create, display, distribute, licence, perform, publish, recreate, reproduce, sell or transfer works deriving from the Platform.
      8. Cause an excessively large load on the infrastructure of the Platform. 
      9. Falsely use a password or personal identification number during logging into the Platform, or misrepresent one’s identity or authority to act on behalf of another or impersonate any other person.
      10. Violate these T&Cs in any other manner or any unauthorized use of the Platform.

9. User Generated Content
   1. You understand and agree that we are not responsible or liable for any user generated content, all user-generated content which you may decide to exchange, submit, provide or upload, will not be reviewed in advance by us. You agree to indemnify us from and hold us harmless against any and all claim from third parties relating to the user generated content. 
   2. We reserve the right to take down any user generated content for any reason that it may deem fit, including but not limited to the user generated content being unlawful, derogatory of the applicable laws or in breach of these T&C and any other applicable T&C. You understand and agree that Art India’s decision in relation to such user generated content shall be final and binding upon you. 
   3. In case of you becoming aware of any breach of these T&C by you or any third party or any Prohibited Use, you shall be responsible to flag or inform us by an e-mail to education@artindiamag.com in accordance with our procedure to report abuse. 

10. Intellectual Property Rights
    1. Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and competition laws of India, foreign jurisdictions, and/or international conventions, as the case may be. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

2. Provided that you are eligible to use the Platform, you are granted a limited royalty-free, non-exclusive, non-transferable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.

3. The right, ownership and title in all the Content and Marks related to the Platform shall at all times vest with us and you shall not contest any such right, ownership and title of Art India. You expressly hereby waive all such claims and rights against us. 

4. Notwithstanding the foregoing, we do not claim ownership of any third-party logo, code or content placed on the Platform and have no obligation of any kind with respect to such third party content.

11. Use of Credit Card/ Debit Cards
    1. We accept all major credit cards/ debit cards, and the credit card/ debit card holder must be the purchaser of the products offered on the Platform. Your credit card/ debit card will be debited when you click on the confirm button. 

12. Jurisdiction and Governing Law
    1. Subject to the grievance redressal mechanism provided on the Website of Art India, any legal actions pertaining to this mobile Platform shall be commenced within the competent courts in Mumbai to the exclusion of other courts.
    2. This Agreement between the User and Art India shall be governed by the laws of India, without regard to its conflict of law principles. 

13. User Data
    1. We will maintain certain data that you transmit to the Platform for the purpose of managing the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

14. Electronic Communications, Transactions and Signatures
    1. Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

15. Privacy Policy
    1. Art India’s Privacy Policy shall form an integral part of the Terms of Use. By visiting this Platform, you agree to be bound by the terms and conditions of this privacy policy. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, PLEASE DO NOT USE OR ACCESS THIS PLATFORM. 

16. Term and Termination 
    1. These T&Cs shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, ART INDIA RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE PLATFORM, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

2. If Art India terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. Miscellaneous
    1. Entire Agreement: These T&Cs and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and Art India. 
    2. Waiver: Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. 
    3. Assignment: These T&Cs operate to the fullest extent permissible by law. Art India may assign any or all of its rights and obligations to others at any time. 
    4. Severability: If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these T&Cs and does not affect the validity and enforceability of any remaining provisions. 
    5. Contractual Relationship: There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these T&Cs or use of the Platform. 
    6. No Adverse Construction: You agree that these T&Cs will not be construed against Art India by virtue of having drafted it. You hereby waive any and all defences you may have based on the electronic form of these T&Cs and the lack of signing by the parties hereto to execute these T&Cs. 
    7. Headings: The headings and titles used in this T&C are only for indicative purposes and do not affect the meaning, interpretation and extent of such provisions under these T&Cs. 
    8. Survival: The provisions of this T&Cs which are intended to survive or are of such nature shall survive the termination of this Agreement. 
    9. Contact Details: If you have questions or comments about this T&Cs or for any additional information about our online privacy practices, please write to us at education@artindiamag.com

 Please make sure you are aware of any changes, please review this policy periodically.