TERMS OF SERVICE | GOA OPEN ARTS NEW

OPEN ARTS INITIATIVE is an arts organization (hereafter also referred to as "we", "us", "our" or “Seller”), which owns and operates this website ‘http://www.goaopenarts.com/’ (“Website”). Any user or viewer (hereinafter also referred to as “you”, “your” or “Buyer”) accessing or using this website will be governed by these Terms of Service (“Terms”) and the Privacy Policy. The protection of your privacy is important to us and we request you to please review our Privacy Policy to better understand our practices.

I. ACCEPTANCE AND MODIFICATION OF TERMS

You acknowledge and agree that, by accessing or using the Website or by purchasing any work developed by an artist including but not limited to prints, images, publications (“Artistic Works”) through our Website, you are indicating that you have read, understood and agreed to be bound by these terms. OPEN ARTS INITIATIVE reserves the right, at its sole discretion, to modify, discontinue or modify these Terms, at any time and without prior notice. By continuing to access or use the Website after we have posted a modification of the Terms and Privacy Policy, you are indicating that you agree to be bound by the modified Terms. These terms and conditions are effective immediately and shall govern all users, current and future.

II. USER OBLIGATIONS

The Website is intended solely for persons who are 18 or older. Any access to or use of the Website by anyone under 18 is expressly prohibited. By accessing or using the Website you represent and warrant that you are 18 or older.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through and under your account or password. You agree to provide true, accurate, current and complete information about yourself while purchasing any Artistic Work(s). If you provide any information that is untrue, inaccurate, or incomplete or we have reasonable grounds to suspect so, or that it is not in accordance with these terms and conditions, we reserve the right to refuse you service or cancel orders in our sole discretion.

As a condition of purchase, you agree and acknowledge that we have your permission to send you administrative and promotional emails. We will also send you information regarding your purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of our emails. Please see our Privacy Policy for details. The offers made in our promotional messages shall be subject to change at the sole discretion of OPEN ARTS INITIATIVE.

You undertake not to upload, modify, publish, transmit, update or share any information that is contained on our website and over which you have no right; or is harmful, harassing, defamatory, obscene, or otherwise unlawful in any manner whatever; infringes any intellectual property or other proprietary rights; or violates any law for the time being in force. In case you violate these conditions, you shall be solely responsible and shall face all legal consequences by yourself. OPEN ARTS INITIATIVE shall in no manner be held responsible for the same.

III. GENERAL PROHIBITIONS

As a User of the Website, you acknowledge and agree not to do any of the following:

• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry,racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances.

• Use, display, mirror or frame the Website, or any individual element within the Website, OPEN ARTS INITIATIVE’s name, any OPEN ARTS INITIATIVE trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OPEN ARTS INITIATIVE’s express written consent;

• Access, tamper with, or use non-public areas of the Website, OPEN ARTS INITIATIVE’s computer systems or network, or the technical delivery systems of OPEN ARTS INITIATIVE’s providers;

• Attempt to probe, scan or test the vulnerability of any OPEN ARTS INITIATIVE system or network or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OPEN ARTS INITIATIVE or any of OPEN ARTS INITIATIVE’s providers or any other third party (including another user) to protect the Website.

• Attempt to access or search the Website or download the Website’s content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by OPEN ARTS INITIATIVE or other generally available third party web browsers;

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

• Use any meta tags or other hidden text or metadata utilizing a OPEN ARTS INITIATIVE trademark, logo URL or product name without OPEN ARTS INITIATIVE’s express written consent;

• Use the Website for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;

• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Website to send altered, deceptive or false source-identifying information;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;

• Collect or store any personally identifiable information from the Website from other users of the Website without their express permission;

• Impersonate or misrepresent your affiliation with any person or entity;

• Violate any applicable law or regulation; or

• Encourage or enable any other individual to do any of the foregoing.

You acknowledge and agree that OPEN ARTS INITIATIVE will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. OPEN ARTS INITIATIVE may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that OPEN ARTS INITIATIVE has no obligation to monitor your access to or use of the Website or to remove any content, but has the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. OPEN ARTS INITIATIVE reserves the right, at any time and without prior notice, to remove or disable access to any content, listings for artistic works including but not limited to photographs, videos etc., OPEN ARTS INITIATIVE Content or any other text, graphics, images, software, music, audio, video, information that OPEN ARTS INITIATIVE, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Website.

IV. INTELLECTUAL PROPERTY

A. WEBSITE

OPEN ARTS INITIATIVE owns all Intellectual Property Rights to and in the Website including but not limited to the structure, organization, and code of the Website and all content and materials such as the text, graphics, logos, button icons, images, information, data, forms, photographs, videos, typefaces, graphics and other material and software of the Website. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights, existing now or hereinafter developed, in the Website, the content of the Website, OPEN ARTS INITIATIVE software and all HTML and other code contained in this Website, shall remain at all times vested in OPEN ARTS INITIATIVE and/or its licensors and is protected by copyright and other laws and international treaty provisions. Any violation of our trademarks will render you liable for legal action. Any reproduction or redistribution of the above listed prints or books are prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying the listed prints and books to any other server or location for publication, reproduction or distribution is expressly prohibited.

B. ARTISTIC WORKS

Any intellectual property in the Artistic Work(s) that originates from or is developed by an Artist shall remain the exclusive property of that Artist. Except for a limited, non-assignable, non-exclusive, non-transferable license in the trademarks or copyrights given to OPEN ARTS INITIATIVE to the extent necessary for the Artist to use our website, software or any other services. It is the responsibility of each Artist to ensure at no additional cost to us that it has obtained any necessary licenses in relation to intellectual property of third parties used in its network that may be required to enable the Artist to use any facilities or equipment (including software), to receive any service, or to perform its respective obligations under these Terms of Service.

V. THIRD PARTY LINKS

The Website may contain links to third-party websites or resources. You acknowledge and agree that OPEN ARTS INITIATIVE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OPEN ARTS INITIATIVE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and OPEN ARTS INITIATIVE does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

VI. SALES

You may order products from the Website by submitting a completed order form during check out. Every care has been taken by us in the preparation of the content of our website, in particular to ensure prices quoted are accurate at the time of posting the product on the website and that all products are fairly described. All prices are subject to change. All products are subject to availability. We will inform you as soon as reasonably possible should the goods you have ordered be unavailable and a full refund will be offered.

You are able to correct errors in your order up to the point when you click ‘submit’. Except in accordance with these terms and conditions all purchases are non-exchangeable, non-refundable and non-transferable.

We will confirm acceptance of your order by email to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us. We reserve the right in our absolute discretion to accept or reject any offer.

VII. PRICE & PAYMENT

The price of the products quoted on the Website is the Maximum Retail Price (“MRP”) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India at the time we accept your order. All prices are subject to change without prior notice.

A. PRICE

Prices shown on the site are in INR (Indian Rupees). The INR price of a product displayed on the website at the time the order is accepted will be honored. The Buyer will also incur shipping costs and any duties levied by the jurisdiction to which they have specified delivery. Please refer to the sections on Shipping Information and Custom, Import Duties & Taxes Information below. Prices may change without notice. VAT will be applied to prints in accordance with applicable laws, i.e. VAT is applicable only on domestic shipments. All prices are exclusive of delivery charges, customs, import duties and VAT when applicable.

In addition to the price of the products, you will have to pay our delivery charges which may include postal charges / shipment charges, as quoted on the Website. The amount of these charges varies according to the country of the delivery address you specify in your order.

While availing any of the payment method/s offered by us, we are not responsible nor are we liable in respect of any loss or damage arising directly or indirectly to you including but not limited to the (a) lack of authorization for any transaction; (b) exceeding the credit limit agreed between you and your bank; (c) any payment issues arising out of the transaction; or (d) your transaction being declined for any other reason.

All payments made for the purchases on our website shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by us.

B. SHIPMENTS & DELIVERY

All products purchased through the Website are delivered to the Buyer after adding shipping charges, indicated before the purchase process is completed. Delivery is deemed complete upon acceptance of shipment by the courier company.

VIII. IMPORT DUTIES

If you order any products from our site for delivery outside India, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. OPEN ARTS INITIATIVE has no control over these charges and cannot predict their amount.

You agree and acknowledge to comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Custom or import duty on an international purchase of the products from the OPEN ARTS INITIATIVE website are determined on arrival at their destination country. As OPEN ARTS INITIATIVE has no control over these charges, we cannot predict what the particular charge may be at any international destination. If the Buyer incurs additional charges, then they must be paid in order to clear customs at the time of receipt of the package. Customs policies vary widely from country to country. OPEN ARTS INITIATIVE cannot be held responsible for unaccountable delays occurred during customs clearance. You acknowledge that upon making a purchase from the Website, you will be considered the importer on record and will comply with all laws and regulations of the country in which the goods are received.

For more information regarding your country's customs policies, please contact your local customs office.

IX. DELIVERY

OPEN ARTS INITIATIVE endeavours, but does not guarantee, to deliver products within the time frame stipulated during check-out. However, the time for delivery will not be essential to the contract between us. In no manner can the contract be repudiated if we fail to deliver any products in the stipulated time frame. If you fail to take the delivery of the goods, we may at our discretion charge you for additional shipping cost.

A. WRONG DELIVERY ADDRESS

OPEN ARTS INITIATIVE will not be responsible for wrong delivery due to incorrect and/or incomplete address given by the Buyer. Therefore, OPEN ARTS INITIATIVE requests the Buyer to check their address in detail at the time of checkout. An incorrect address will incur a triple shipping cost as the package returns back to OPEN ARTS INITIATIVE and is then reshipped back to the corrected address.

B. DELIVERY TIME

Generally, an order from the time of placement to delivery should take about 10-15 days for international orders and 2-4 days for domestic orders. If for any reason there are delays OPEN ARTS INITIATIVE will keep the Buyer informed about the same by email. A print purchased however, will be delivered within a few days due to high value of it.

C. DELIVERY DATE CONFIRMATION

Please note that it is not possible for OPEN ARTS INITIATIVE to give the Buyer a guarantee for the delivery date as OPEN ARTS INITIATIVE has no control over unforeseen circumstances that may delay delivery after they have shipped the order. The Buyers are requested to track their order periodically as advised above.

We also reserve the right at any time to cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any storage, insurance and delivery charges we incur. Any claim for incorrect deliveries, or damaged products must be notified to us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.

X. CANCELLATION, RETURNS OR COMPLAINTS

OPEN ARTS INITIATIVE will not accept returns for products unless it has been damaged during delivery. In such circumstances, you should contact OPEN ARTS INITIATIVE immediately for assistance. Please keep all shipping materials and photograph the damaged package and contents, as OPEN ARTS INITIATIVE might need to make a claim on the shipment.

Should a return be deemed necessary, the return costs will be the responsibility of the purchaser. Any item you purchase on our website does not qualify for return unless the product delivered is damaged or has manufacturing defects. In case you receive a defective and/or damaged product please notify us within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for a return. We hold the sole discretion to determine whether a refund can be issued. We strongly recommend you use a reputed courier for returned goods, as we are unable to refund items, which are lost in the post. All goods shall remain your responsibility until we receive them.

OPEN ARTS INITIATIVE reserves the exclusive right to refuse or cancel any order for any reason. There may be times when orders having been validly placed may not be processed or capable of being dispatched. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed via the same method of payment within a period of 30 working days.

XI. DISCLAIMER

The content in this Website is provided "as is" and without warranties of any kind either expressed or implied. OPEN ARTS INITIATIVE disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. OPEN ARTS INITIATIVE does not warrant that the functions or content contained on this site will be uninterrupted or error-free, that defects will be corrected, or that this site, application or the server that makes it available is free of viruses or other harmful components. OPEN ARTS INITIATIVE does not warrant or make any representation regarding use, or the result of use of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors which maybe amended by OPEN ARTS INITIATIVE from time to time. OPEN ARTS INITIATIVE makes no warranties that the use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. You understand that, except as expressly set forth in these terms, OPEN ARTS INITIATIVE does not screen or inquire into the background of members or other users of the services, nor does OPEN ARTS INITIATIVE make any attempt to verify the statements of any users of the services. OPEN ARTS INITIATIVE makes no representations or warranties as to the conduct of users of the services. You agree to take reasonable precautions in all communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services, particularly if you decide to meet offline or in person.

XII. LIMITATION ON LIABILITY

OPEN ARTS INITIATIVE, its subsidiaries, affiliates, licensors, service providers, affiliated members, affiliated artists or photographers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if OPEN ARTS INITIATIVE has been advised of the possibility of such damages. In no event will the collective liability of OPEN ARTS INITIATIVE and its subsidiaries, affiliates, licensors, service providers, affiliated members, affiliated artists or photographers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of the amount you have paid to OPEN ARTS INITIATIVE for your purchased product. OPEN ARTS INITIATIVE shall not be liable to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

XIII. INDEMNITY

You agree to indemnify and hold OPEN ARTS INITIATIVE, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties") harmless from any breach of these Terms of Service by you, including any use of content other than as expressly authorized in these Terms of Service. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

XIV. APPLICABLE LAWS & JURISDICTION

The Terms of Services and the Privacy Policy will be governed by and construed in accordance with Indian laws and are subject to the exclusive jurisdiction of courts in Goa. Similarly, your use of this website and any dispute arising out of such use is subject to the laws of India. Any dispute arises between you and OPEN ARTS INITIATIVE regarding your use of this Website or in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions, the dispute shall be subject to the exclusive jurisdiction to the Courts at Goa.

If any of these terms and conditions should be determined illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

XV. ARBITRATION AND CONCILIATION

Any disputes, differences or claims arising between you and OPEN ARTS INITIATIVE out of or in relation to or in connection with the Terms of Service, or the breach, termination, effect, validity, interpretation or application of this agreement as to their rights, duties or liabilities hereunder, shall be settled by you and OPEN ARTS INITIATIVE by mutual negotiations and agreement.

If for any reason, such dispute cannot be resolved amicably by you and OPEN ARTS INITIATIVE, the same shall be referred to and settled by way of arbitration proceedings, through reference to a sole arbitrator. The Act applicable to any or all of the proceedings arising out of this Agreement shall be the Arbitration and Conciliation Act, 1996 as amended from time to time.

XVI. WAIVER

The failure by OPEN ARTS INITIATIVE to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by OPEN ARTS INITIATIVE of them or of the right any time subsequent to enforce all Terms and Conditions of this Agreement.