1. User terms

1.1 The following terms and conditions define your use of www.artjournalfoundation.in. By accessing either directly or through a hyperlink, the website, registering for and/ or purchasing, included but not limited to, subscriptions services/ paid services, resources from the website, or by continuing to use this website, you are agreeing to be bound by the terms and conditions mentioned herein.

1.2 The User shall not use this website or its contents for any illegal or unauthorized purpose nor violate any existing laws in force in your jurisdiction or India.

1.3 The subscriptions services/ paid services/ resources provided on the website are either free to access or are available on a paid basis. Any questions/ queries may be mailed to artjournalfoundation@gmail.com.

1.4 These terms and conditions were last updated in July 2022.

2. Intellectual Property Rights

2.1. The content/ resources on this website are either the property of the Company or a third-party contributor (after a formal consent from the third-party contributor) and the User may retrieve and display the contents of the website on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to an external network) for his own personal, educational, or non-commercial purposes.

2.2. Certain content on the website is used under license from third parties (hereinafter to be called ‘third-party content’) and will be marked with the copyright notice of those third parties. Some of the third-party content will be subject to additional restrictions – the relevant copyright notice will make it clear where that is the case. The User must comply with such restrictions. Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked, the Company will be pleased to make the necessary acknowledgements at the first opportunity.

2.3. In case the contributor/ third party who is an artist/ art practitioner/ theorist/ art historian has agreed to contribute his work to another website/ party as well, the Company does not need approval from the website/ party to display the work on the Art Journal Foundation website.

2.4. The User may not (without prior written permission, through an email, from the Company):

• redistributes any of the content/ resources or supply it to other parties (including but not limited to using it as part of any library, archive, intranet or similar service); ii. cut, erase, delete or in any other way remove the copyright or trademark notice or watermark from any copies of the content;
• cut, erase, delete or in any other way remove the copyright or trademark notice or watermark from any copies of the content;
• create a database in electronic or structured manual form by systematically downloading and storing all or any of the content;
• modify, reproduce or in any way commercially exploit any of the content, except as expressly set out above.

3. Limitation of warranty

3.1. The Company will use its reasonable skill and care in making the website available to the User at all times with accurate information which is free of any computer virus and/ or other malware, and in ensuring its continuing availability except when Net connectivity problems may arise and the Company does not give the User any other warranties and insists that the User employ all necessary precaution and care in accessing and using the website, with respect to the safety, accuracy, or the availability of the content.

4. Limitation of liability

4.1. The Company is not liable for any losses that the User may incur as a result of usage/ non-usage of any free content that is available on the website.

4.2. With regard to the subscriptions services/ paid services, the User agrees that their exclusive remedy (in respect of any claim for breach of contract, negligence or otherwise) shall be limited to the Company taking reasonable steps to correct the relevant lapse or error in subscriptions services/ paid services or, at the option of the User, a refund of the amount the User has paid to the Company to receive the relevant subscriptions services/ paid services less any reasonable allowance for the receipt of the functioning service or value of resources.

4.3. The Company does not accept any liability for any loss of profits, loss of business or business opportunity, loss of goodwill or reputation, business interruption, loss or corruption of data or programs or any other type of indirect or consequential loss whatsoever, arising from the User’s access to and use of the website and/ or of any purchase of the subscriptions services/ paid services nor for its being unable to fulfill any particular order due to the non-availability of the subscriptions services/ paid services.

4.4. In no event will the Company be liable for any losses or damages whatsoever arising out of, or in connection with, any unauthorized use of the website and/or of any material published on them and/or of any services.

5. Modifications and Variations

5.1. The Company is continually seeking to improve the website and services offered, and reserves the right, at its discretion, to make changes to any part of the website. We will ensure that any changes with respect to subscriptions services/ paid services will not decrease the functionality of those services.

5.2. The Terms and Conditions of this website shall be amended with respect to any changes in free services or content as a result of policy of updation and the improving of the website for any security, legal, regulatory or other reasons. The Company shall give the User notice of any changes or additions or deletions or amendments and the User is requested to keep himself updated of any and all such changes by reading and understanding the Terms and Conditions. If the User does not agree to be bound by any of those changes, then he shall not use the website any further after receiving such notice of any change, addition, deletion, or amendment. Such changes will not affect any contract that relates to ongoing subscriptions services/ paid services that the User has with the Company at the time of the changes.

6. Links

6.1. The website contains links to other websites and resources (either directly or through frames) and, where possible, the Company shall make clear where such links are being made.

6.2. The Company is not responsible for the content or otherwise of these independent third-party websites and shall not be held liable for the availability or content of these outside resources for any damages, losses or otherwise incurred by the User.

7. General

7.1. With respect to the free content/ resources of the website, there is no specific time limit applying to the User’s access and use of the website. However, the Company reserves the right to suspend or terminate such access and use by the User of the free parts of the website at any time with or without notice.

7.2. The User may not assign, make a sub-license or otherwise transfer the rights and privileges that this website grants to the User through their use, access and otherwise of this website.

7.3. Failure by either party to exercise any right or remedy under this agreement established between the User and the Company by these Terms and Conditions does not constitute a waiver of that right or remedy. In any case, the User agrees to comply with the terms and conditions of this website.

8. Subscriptions services/ Paid services

8.1. The Company offers some services (subscriptions services/ paid service) for which it charges a fee. Details of these services are included in the relevant sections of the website.

8.2. The User must provide the Company with valid, accurate and complete registration information, including name, age, contact number, email address, and payment details (as per the selected payment mode). On registration, the User will create a username and password of his own choice. It is the User’s responsibility to update the Company of any changes to that information by emailing artjournalfoundation@gmail.com.

8.3. The Company shall try to process the said subscriptions services/ paid services promptly but does not guarantee that any subscriptions services/ paid services will be available to the User by any specified time.

8.4 Any subscriptions service/ paid services must be solely used by the User. The Company reserves the right to monitor usage of the subscriptions services/ paid services using the data shared by the User at the time of registration. In the event that the User allows unauthorized users to access any subscriptions services/ paid services by using the User’s given personal information then, without prejudice to its other rights and remedies, the Company reserves the right to charge the User an amount equal to the charges which would have been payable had each unauthorized user subscribed for the subscriptions services/ paid services themselves.

8.5 In case the User is unable to attend any paid event/ use any paid service, this cannot be transferred to any other user. Also, no refund shall be made by the Company in such case. The User is entitled to the certificate of completion for any course/ workshop/ event organized by the Company only if he attends the event for the complete duration or fulfils the requirements of the course as per the deadline specified.

8.6 If the Company reasonably believes that the User’s personal information is being used in any way which is not permitted by these Terms and Conditions, the Company reserves the right to suspend access rights immediately on giving notice to the User and to block his access to the website until the issue has been resolved. The Company may terminate any existing right(s) and duty(ies) emanating from the Terms and Conditions of the website by giving notice to the User if they are in breach of these Terms and Conditions, and in such case, is not obliged to refund the User any fees.

8.7 The Company may terminate this agreement established between the User and the Company by these Terms and Conditions if it discontinues a subscriptions services/, paid services, in which case it will give the User reasonable notice and the User is entitled to a refund of that part of any fee which relates to the unexpired period of the relevant service.

8.8 The subscriptions services/ paid services of the User will renew each month on the day that he purchased it. For example, if the User subscribed on August 21, 2022, the subscriptions/ paid services will renew each month on the 21st (for monthly subscriptions services/ paid services) or on 21st August of the subsequent year (for annual subscriptions services/ paid services).

8.9 The User is responsible for accessing the number of downloads that his subscriptions services/ paid services entitles him to. The User’s quota of downloads will not be carried forward to the next month / year, as per the subscriptions services/ paid services. The User can subscribe annually or monthly as per the availability of the service.

9. Privacy Policy

9.1. By using the website or services, the User authorizes the Company to use the User’s information.

9.2. Information that is collected or received: When you register with the website, you shall provide the Company with your valid, accurate and complete personal information required for registration, including, name, age, contact number, email address, and payment details. The Company may also receive the User’s personal information from external applications that the User may use to access the website or the Company may receive the User’s personal information through web technologies including cookies, web beacons, log files, among others.

9.3. How the User’s personal information is used: The Company shall use any and all personal information provided by the User to enhance and improve the User’s experience on the website. The Company may also track with the help of third-party providers, the User’s personal information, including passive information, to improve the analytics and marketing of the website.

9.4. How can the User protect his privacy: According to the existing laws in force, the User shall be informed prior to every action and prompted to make a choice and the User can choose to share with or withhold any personal information from the Company. The User will also be notified of cookies and other web technologies that the website is using and the User can, if he so chooses, disable the cookies and other such web technologies. Once the User terminates his account, any and all personal information stored with the website shall be deleted within reasonable time. The Company does not store payment details, including credit/ debit card number, name, CVV, PIN, validity period of card, etc. under the existing laws in force.

9.5. If the User believes that there has been any breach of security such as the disclosure, theft, or unauthorized use of the User’s personal information, they must notify the Company immediately by emailing artjournalfoundation@gmail.com

. The Company shall, on written notification, suspend the subscriptions services/ paid services of the User to prevent further misuse or harm to the User’s personal information.

9.6. In case of any request to access and disclose your personal information by the government or other legal authorities, the Company shall submit to the legal procedures according to existing laws in force and notify the User in writing at the registered email address within 24 hours of having received any such request.

9.7. Any and all access to third-party operators on the website shall lie solely with the discretion of the User and the Company does not have any liability arising out of or relating to the User’s use of third-party operators on the website.

9.8. No fiduciary relationship has been created between the User and the Company by means of this website and its usage or access.

10. Online order process and formation of contract

10.1. The contract between the Company and the User is made under the following technical steps:

• The User must register or must already have registered on the website and have provided all required and relevant details for any subscriptions/ paid services. The User’s data will be treated by the Company in accordance with the aforementioned Privacy Policy.
• The User will pay through the payment channels provided as per the service requirement or possibly, in the future, give their payment details and the Company (or an agent on the Company’s behalf) will process the payment during the course of securing the User’s order.
• If the payment is successful, the User will receive a confirmation of the payment on the registered email address. At this point, there will be a binding contract between the Company and the User.
• The language of communication, including that of contract and of notification, if any, shall be English.

10.2. Cancellation for any subscriptions services/ paid services

• Any subscriptions services/ paid services, once registered for, cannot be cancelled. In severe cases of absenteeism, the Company shall possibly share relevant resources. No refund shall be provided in any such case.
• The cancelation policy for subscriptions services/ paid services shall hold true for individuals or even organizations.

10.3. Contact us

Any queries concerning, the website, the application, Terms and Conditions the services, or anything related to Art Journal Foundation may be mailed to artjournalfoundation@gmail.com

11. Disputes

11.1. Any and all disputes arising out of any part of these Terms and Conditions, except subscriptions, paid services as stated in Clause 4.2. of Limitations of Liability, shall be governed by the laws of India and shall be subject to the jurisdiction of the courts at Bengaluru, Karnataka, India.