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ARTISTCLAN DESIGN STUDIO PRIVATE LIMITED 

TERMS AND CONDITIONS OF ACCESS OR USE

updated on 13th October, 2021

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This website, www.artistclan.com, (hereinafter referred to as the "Website") is owned, hosted and operated by Artistclan Design Studio Private Limited (hereinafter referred to as "Artistclan Design Studio"), a company incorporated in India under the Companies Act, 2013 (Section 18 of 2013) and having its registered office at 704, 7th floor, Palm Court, Mehrauli-Gurgaon Road, Sector 16, Gurugram, Haryana, 122007. These terms and conditions regulating use of these Services constitute a legally binding agreement between Artistclan Design Studio and the User (herein referred to as the "Agreement").

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Artistclan Design Studio and/or any other website(s) linked to this website is an online information and property booking service provided to you, subject to your compliance with the terms and conditions set forth below.

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PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING Artistclan Design Studio, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE Artistclan Design Studio.

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Artistclan Design Studio may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Artistclan Design Studio. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Artistclan Design Studio, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time.

 

Artistclan Design Studio may also suspend the operation of Website for support or technical upgradation, maintenance work, in order to update the content or for any other reason. If you utilize the Website in a manner inconsistent with these terms and conditions, Artistclan Design Studio may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

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Definitions

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Subscriber” includes any person, whether an individual or a legal entity who has subscribed to the Services of Artistclan Design Studio (whether on a paid or free basis), and to whom the access to Website is restricted by the use of a sign in directly on the website or using Gmail login or Facebook login. The user name and password are allocated to the Subscriber or agreed upon by Artistclan Design Studio. It is made abundantly clear that only the authorized User has the right to access the Services so offered by Artistclan Design Studio.

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Browser/Visitor” will mean and include a person who utilizes any of the Services offered by Artistclan Design Studio, without the need or a requirement to create an account i.e. visits non-restricted portions of Website.

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Courses” include Sessions/Programs/Skills/Categories and means any of the hobby class sessions listed on the Website.

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Subscription charges” means the amount being paid by the child/parents for availing the paid plans on the Website.

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Collective Content” means all the content on the Website created by members and/or Artistclan Design Studio and hosted by us.

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"Content" means text, graphics, images, music, software, audio, video, information or other materials.

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"Listing" means Courses that are listed by Artistclan Design Studio as available via the Website and Services.

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"Member" means a person, who completes Artistclan Design Studio's account registration process, including but not limited to mentors, coaches and children/parents

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"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Artistclan Design Studio promotional campaign to be made available through the Website or Services.

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"Payment Method" means a payment method that you have added to your Website Account, such as a credit card, debit card or net banking.

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"Student" means a Member who enrolls for Courses on the Website. In case of minor student, the parent or guardian who enroll their child or ward for the programs/skills on the Website.

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"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Artistclan Design Studio may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

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Mentor” means a Member who has been selected by Artistclan Design Studio in order to provide services through the Site or Application

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"Artistclan Design Studio Content" means all Content that Artistclan Design Studio makes available through the Website, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding children Content.

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Terms of Services

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The use and access of the Website shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an 'unauthorized user' and will nevertheless be subject to the terms and conditions regulating the usage of the Website, and expressly so with respect to respecting the intellectual property rights of Artistclan Design Studio, and abiding by terms and conditions below mentioned.

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  1. The terms 'User' and 'Customer' would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)

  2. The terms 'Service' or 'Services' would mean to include the interactive online information service offered by Artistclan Design Studio on the internet through which the user may access information carried by the Website in the database maintained by it. The terms would also include to mean the online videos offered by Artistclan Design Studio through which the User can attend live classes and access various other DIY activities on the Website. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record.

  3. In addition, certain areas of the Website (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Website, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Services, or Collective Content.

  4. The Website and Services comprise an online platform which creates Listings for Courses and Students may learn about and enroll for the course directly through the Website.

  5. You acknowledge and agree that, by accessing or using the Website or Services or by downloading or posting any content from or on the Website, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services, whether or not you have registered with the Website. If you do not agree to these terms, then you have no right to access or use the Website, Services, or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

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GDPR Compliance Statement

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Artistclan Design Studio respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:

 

Consent

We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.

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Breach Notification

In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.

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Right to Access

Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format.

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Right to be Forgotten

Once we have compared your (the subjects') rights to "the public interest in the availability of the data", we may delete your personal data where you have requested this.

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Data Portability

We allow you to receive the personal data concerning you, which we will provide in a 'commonly used and machine readable format' and you have the right to transmit that data to another ‘controller’.

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Privacy by Design

We implement appropriate technical and organizational measures, in an effective way and protect the rights of data subjects'. We hold and process only the data absolutely necessary for the completion of our duties (data minimization), as well as limiting the access to personal data to those needing to act out the processing.​

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Eligibility

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Use of the Website and Services is available only to persons who can form legally binding contracts under Indian laws. The Website and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enroll in courses that are appropriate for you. The use of the Website and Services is also not available to persons whose membership has been suspended or terminated by Artistclan Design Studio for any reason whatsoever. Any access to or use of the Website or Services by anyone under 18 years is expressly prohibited. By accessing or using the Website or Services you represent and warrant that you are 18 years or older.

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Usage of Website & Services

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The Website and Services can be used to facilitate the Students to enroll for Courses (which include Sessions/Programs/Skills/Categories). Such Courses are included in Listings on the Website and Services by Artistclan Design Studio. You may view Listings as an unregistered visitor to the Website and Services. However, if you wish to enroll for the Courses, you must first register to create an Artistclan Design Studio Account.

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Artistclan Design Studio makes available an online platform which provides various online Courses for the Students. Unless explicitly specified otherwise on the Artistclan Design Studio platform, Artistclan Design Studio’s responsibilities are limited to facilitating the availability of the Courses through the Website and Services.

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Account Registration

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Your Artistclan Design Studio Account and your Artistclan Design Studio Account profile page will be created for your use of the Website based upon the personal information you provide to us or that we obtain via an SNS as described above.

 

You may not have more than one (1) active Artistclan Design Studio Account.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

Artistclan Design Studio reserves the right to suspend or terminate your Artistclan Design Studio Account and your access to the Website and Services if you create more than one (1) Artistclan Design Studio Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.

You are responsible for safeguarding the OTP received on your registered mobile number. You agree that you will not disclose your OTP to any third party and that you will take sole responsibility for any activities or actions under your Artistclan Design Studio Account, whether or not you have authorized such activities or actions. You will immediately notify Artistclan Design Studio of any unauthorized use of your Artistclan Design Studio Account.

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By providing Artistclan Design Studio with your email address / phone number, you consent to:

  1. Our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

  2. Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating to your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the Website.

  3. Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers.

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Course Listings

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Artistclan Design Studio will create Listing of various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms will be listed on the Website. Listings will be made publicly available via the Website and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students' preferences, ratings.

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Students will be able to view Courses via the Website and Services based upon the information provided in the Listing, Students requirements, and Students' search parameters and preferences. We understand and agree that once a Student requests enrollment for Course, we may not request the Student to pay a higher price than that mentioned in the Website.

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Please note that Artistclan Design Studio assumes no responsibility for a Student's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Artistclan Design Studio reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Artistclan Design Studio, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Artistclan Design Studio's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Website or Services.

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If you are a Mentor, you understand and agree that your relationship with Artistclan Design Studio is limited to being a Member as an independent, third-party contractor, and not an employee, agent or partner of Artistclan Design Studio for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Artistclan Design Studio. Artistclan Design Studio does not control your offline activities.

 

As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Artistclan Design Studio, including by inappropriately using any Artistclan Design Studio intellectual property.

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No Endorsement

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By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Artistclan Design Studio with respect to such actions or omissions.

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Payment Terms

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If a subscription is requested for any Course via the Website or Services, we will either pre-approve, confirm or reject the enrollment request within the period of 7 days from the date of request for subscription (‘Subscription Request Period’), otherwise the enrollment request will automatically expire.

 

If we are unable to confirm or decide to reject a subscription request within the Subscription Request Period, any amounts collected by Artistclan Design Studio for the requested subscription will be refunded to the concerned Student. When we confirm a subscription requested by a Student, Artistclan Design Studio will send the student/parent an email, text message or message via e-mail and the Application confirming such subscription, depending on the selections you make via the Website and Services.

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The Course Fees payable will be displayed to the parent before the parent sends a subscription request to Artistclan Design Studio. Upon receipt of the payment subscription request, Artistclan Design Studio may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms. If a requested subscription is cancelled (before any tuitions are provided), any amounts collected by Artistclan Design Studio will be refunded to such Student, depending on the selections the Student makes via the Website, and any pre-authorization of Student's Payment Method will be released, if applicable.

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Artistclan Design Studio will collect the Course Fees from parents/students at the time of the Subscription request.

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Artistclan Design Studio agrees that 100% refund will be provided within 15 days from the date of payment of subscription amount. Post that, no refund will be provided.

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You agree that Artistclan Design Studio through its Website would raise system generated invoice to the Student in relation to the Course for which the Student has subscribed or in relation to any kind of payment done, as per applicable laws. Artistclan Design Studio will raise invoice for the above which shall be inclusive of all applicable Taxes.

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You, as a parent/student agree to pay the Course Fees for any subscription requested, in connection with your Artistclan Design Studio Account. Artistclan Design Studio will collect the Course Fees pursuant to the Payments Terms.

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Once you're confirmed by us that the subscription transaction is complete, you will receive a confirmation email summarizing your confirmed subscription.

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Cancellations and Refunds

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If, as a parent/student, you wish to cancel a confirmed subscription made via the Website, after subscription to the Course, the cancellation policy contained in the applicable Listing will apply to such cancellation provided that full refund will be provided till 15 days from the date of subscription, including the date of subscription. Post that no refund will be provided whatsoever.

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If we cancel a confirmed subscription made via the Website, Artistclan Design Studio will refund the Course Fees paid by the Student for such subscription to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.

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Taxes

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You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by Artistclan Design Studio.

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User Conduct

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You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Website, Services and Collective Content. In connection with your use of the Website, Services and Collective Content, you may not and you agree that you will not:

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  • violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations.

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  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any webpages or other services contained in the Website, Services or Collective Content.

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  • access or use our Website or Services to expose or allow to be used or exposed, any Artistclan Design Studio Content: (i) that is not publicly displayed by Artistclan Design Studio in its search results pages or listing pages before an enrollment is confirmed; (ii) in any way that is inconsistent with the Artistclan Design Studio’s Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Artistclan Design Studio's users or any other third party.

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  • use the Website, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Artistclan Design Studio endorsement, partnership or otherwise misleads others as to your affiliation with Artistclan Design Studio.

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  • dilute, tarnish or otherwise harm the Artistclan Design Studio brand in any way, including through unauthorized use of Collective Content, registering and/or using Artistclan Design Studio or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Artistclan Design Studio domains, trademarks, taglines, promotional campaigns or Collective Content.

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  • copy, store or otherwise access or use any information contained on the Website, Services or Collective Content for purposes not expressly permitted by these Terms.

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  • infringe the rights of Artistclan Design Studio or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right.

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  • interfere with or damage our Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

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  • use our Website or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.

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  • use our Website, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence.

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  • "stalk" or harass any other user of our Website, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Artistclan Design Studio Student.

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  • register for more than one Artistclan Design Studio Account or register for an Artistclan Design Studio Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward.

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  • contact another Member for any purpose other than asking a question related to an Enrollment, Course, Listing, or the Member's use of the Website and Services.

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  • recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Artistclan Design Studio, without Artistclan Design Studio's prior written approval.

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  • recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval.

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  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.

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  • use automated scripts to collect information from or otherwise interact with the Website, Services or Collective Content.

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  • use the Website, Services or Collective Content to find a Student and then complete an enrollment of Course independent of the Website or Services, in order to circumvent the obligation to pay any Fees related to Artistclan Design Studio's provision of the Services or for any other reasons

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  • violate these Terms or Artistclan Design Studio's then-current Policies and or Standards

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  • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Website or Services

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  • post, upload, publish, submit or transmit any Content 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; (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 (directly or by omission or failure to update information) 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; or (vii) promotes illegal or harmful activities or substances.

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  • systematically retrieve data or other content from our Website or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

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  • use, display, mirror or frame the Website, Services or Collective Content, or any individual element within the Website, Services or Collective Content, Artistclan Design Studio's name, any Artistclan Design Studio trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Website or Services, without Artistclan Design Studio's express written consent.

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  • access, tamper with, or use non-public areas of the Website or Services, Artistclan Design Studio's computer systems, or the technical delivery systems of Artistclan Design Studio's providers.

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  • attempt to probe, scan, or test the vulnerability of any Artistclan Design Studio system or network or breach any security or authentication measures.

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  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Artistclan Design Studio or any of Artistclan Design Studio's providers or any other third party (including another user) to protect the Website, Services or Collective Content.

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

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  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Services or Collective Content.

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  • advocate, encourage, or assist any third party in doing any of the foregoing.

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  • accept or make a payment for Course Fees outside Artistclan Design Studio. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Artistclan Design Studio harmless from any liability for such payment

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Artistclan Design Studio has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Artistclan Design Studio may take a range of actions against you, including but not limited to deactivating or cancelling Artistclan Design Studio Account, for a violation of this Section or these Terms.

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Yellow Class may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to:

  • respond to claims asserted against Artistclan Design Studio or to comply with legal process (for example, summons or warrants)

  • enforce or administer our agreements with users, such as these Terms

  • for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or

  • protect the rights, property or safety of Artistclan Design Studio, its users, or members of the public.

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You acknowledge that Artistclan Design Studio has no obligation to monitor your access to or use of the Website, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Website and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.

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Artistclan Design Studio reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Artistclan Design Studio, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services.

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Reporting Misconduct​

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If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who:

  • engages in offensive, violent or sexually inappropriate behavior, or

  • engages in any other disturbing conduct

You should immediately report such person to the appropriate authorities and then to Artistclan Design Studio by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

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Privacy

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In order to provide the services to you we collect some of your Personal Information. We describe our collection and use of personal information in our Privacy Policy. Please review this policy. You must agree to the processing of your personal information as laid out in Artistclan Design Studio's Privacy Policy (as may be updated from time to time).

 

You agree that Artistclan Design Studio may disclose personal information provided to us, including the data entered into the Website, if required to by law or government request such as a warrant, or as specified in the Privacy Policy. You must be 18 years or older to use this service. You are responsible for preventing unauthorized access to your account.

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Intellectual Property Ownership or Rights Notices

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The Website, Services, and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Website, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Artistclan Design Studio and its licensors

 

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Artistclan Design Studio used on or in connection with the Website, Services, and Artistclan Design Studio Content are trademarks or registered trademarks of Artistclan Design Studio in India and abroad.

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Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Website, Services, and Artistclan Design Studio Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Website, Services and Collective Content, including Artistclan Design Studio's Trademark & Branding Guidelines (as may be updated from time to time).

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Additional Terms

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Our Website and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

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Yellow Class Content and Member Content License

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Subject to your compliance with these Terms, Artistclan Design Studio grants you a limited, non-exclusive, non-transferable license to

  • access and view Artistclan Design Studio Content that you pay for solely for your personal and non-commercial purposes and

  • access and view Member Content to which you are permitted access, solely for your personal and non-commercial purposes.

  • You have no right to sublicense the license rights granted in this section.

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You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website, Services, or Collective Content, except as expressly permitted in these Terms.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Artistclan Design Studio or its licensors, except for the licenses and rights expressly granted in these Terms.

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Member Content

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We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website, Services, or through Artistclan Design Studio promotional campaigns, you hereby grant to Artistclan Design Studio a worldwide, irrevocable, perpetual(or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Website and Services. Artistclan Design Studio does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

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You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website and Services or through Artistclan Design Studio promotional campaigns.

 

Accordingly, you represent that:

  • you either are the sole and exclusive owner of all Member Content that you make available through the Website, Services or through Artistclan Design Studio promotional campaigns or

  • you have all rights, licenses, consents and releases that are necessary to grant to Artistclan Design Studio the rights in such Member Content, as contemplated under these Terms; and

  • neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Artistclan Design Studio's use of the Member Content (or any portion thereof) on, through or by means of the Website, Services or Artistclan Design Studio promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Hyperlinks

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The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that Artistclan Design Studio is not responsible or liable for:

  • the availability or accuracy of such websites or resources;

  • the content, products, or services on or available from such websites or resources.

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Links to such websites or resources do not imply any endorsement by Artistclan Design Studio 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 or the Content, products or services on or available from such websites or resources.

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Feedback

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We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website and Services ("Feedback").You may submit Feedback by emailing us, through the "Contact Us" section of the Website and Application, or by other means of communication.

 

You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Artistclan Design Studio and you hereby agree to irrevocably assign to Artistclan Design Studio all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

 

At Artistclan Design Studio's request and expense, you will execute documents and take such further acts as Artistclan Design Studio may reasonably request to assist Artistclan Design Studio to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

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Copyright Policy

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Artistclan Design Studio respects copyright law and expects its users to do the same. It is Artistclan Design Studio's policy to terminate in appropriate circumstances the Artistclan Design Studio Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

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Term and Termination, Suspension and Other Measures​

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Term

This Agreement shall be effective for till the time Members access or use the Website or Services or by downloading or posting any content from or on the Website through the Services until such time when you or Artistclan Design Studio terminate the Agreement as described below.

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Termination for convenience

You may terminate this Agreement at any time via the "Cancel Account" feature on the Website or by sending us an email. If you cancel your Artistclan Design Studio Account, any confirmed subscription will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, Artistclan Design Studio may terminate this Agreement for convenience at any time by giving you 30 days' notice via message to your registered mobile number.

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Termination for breach, suspension and other measures

Artistclan Design Studio may immediately, without notice terminate this Agreement if:

  • you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms

  • you have provided inaccurate, fraudulent, outdated or incomplete information during the Artistclan Design Studio Account registration, or Listing process or thereafter

  • you have violated applicable laws, regulations or third party rights

  • Artistclan Design Studio believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Artistclan Design Studio or third parties, for fraud prevention, risk assessment, security or investigation purposes.

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In addition Artistclan Design Studio may deactivate or delay reviews, or other Member Content, cancel any pending or confirmed subscription, limit your use of or access to your Artistclan Design Studio Account and the Website or Services, temporarily or permanently revoke any special status associated with your Artistclan Design Studio Account, or temporarily or permanently suspend your Artistclan Design Studio Account:

  • you have breached these Terms or our Policies, including material and nonmaterial breaches and receiving poor ratings from Students

  • Artistclan Design Studio believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Artistclan Design Studio or third parties, for fraud prevention, risk assessment, security or investigation purposes.

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In case of non-material breaches and where appropriate, you will be given notice of any measure by Artistclan Design Studio and an opportunity to resolve the issue to Artistclan Design Studio's reasonable satisfaction.

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Consequences of Termination​

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If we take any of the measures described above we may

  • communicate to the parents/students that a pending or confirmed subscription has been cancelled

  • refund the Students in full for any and all confirmed subscriptions, irrespective of pre-existing cancellation policies

  • support the Students, on an exceptional basis, in finding potential alternative Courses

  • you will not be entitled to any compensation for confirmed subscriptions that were cancelled.

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If You or We terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback.

When this Agreement has been terminated, you are not entitled to a restoration of your Artistclan Design Studio Account or any of your Member Content. If your access to or use of the Website and Services has been limited or your Artistclan Design Studio Account has been suspended or this Agreement has been terminated by us, you may not register a new Artistclan Design Studio Account or attempt to access and use the Website and Services through other Artistclan Design Studio Accounts.

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Survival

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

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Disclaimer​

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If you choose to use the Website, Services or Collective Content, you do so at your sole risk. You acknowledge and agree that Artistclan Design Studio does not have an obligation to conduct background or character checks on any Member, but may conduct such background or character checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.

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The Website, Services and Collective Content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Artistclan Design Studio explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

 

Artistclan Design Studio makes no warranty that the Website, Services, Collective Content, including, but not limited to, any Courses, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Artistclan Design Studio makes no warranty regarding the quality of any Listings, Courses, mentors, Students, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Website or Services.

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No advice or information, whether oral or written, obtained from Artistclan Design Studio or through the Website, Services or Collective Content, will create any warranty not expressly made herein.

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You are solely responsible for all of your communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, any Students.

 

You understand that Artistclan Design Studio does not make any attempt to verify the statements of users of the Website or Services or to review any Course.

 

Artistclan Design Studio makes no representations or warranties as to the conduct of users of the Website or Services or their compatibility with any current or future users of the Website or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, Students, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Artistclan Design Studio. Artistclan Design Studio explicitly disclaims all liability for any act or omission of any Student or other third party.

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Limitation of Liability

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You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, Services and Collective Content, your subscription of any Course via the Website and Services, and any contact you have with other users of Artistclan Design Studio whether in person or online remains with you.

 

Neither Artistclan Design Studio nor any other party involved in creating, producing, or delivering the Website, Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Website, Services or Collective Content, from any communications, interactions or meetings with other users of the Website or Services or other persons with whom you communicate or interact as a result of your use of the Website or Services, or from your subscription of any Course via the Website and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Artistclan Design Studio has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

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In no event will Artistclan Design Studio's aggregate liability arising out of or in connection with these Terms and your use of the Website and Services including, but not limited to, your subscription of any course via the Website and Services, or from the use of or inability to use the Website, Services, or Collective Content and in connection with any course or interactions with any other members, exceed the amounts you have paid or owe for subscription via the Website and Services as a student in the three (3) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Artistclan Design Studio and you.

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Indemnification​

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You agree to release, defend, indemnify, and hold Artistclan Design Studio and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

  • your access to or use of the Website, Services or Collective Content or your violation of these Terms

  • your Member Content

  • your interaction with any Member

  • subscription of any Course including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a Course.

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Notices

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Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Artistclan Design Studio by posting to the Website or via email to artistclan.com@gmail.com

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Governing Law & Jurisdiction

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These Terms and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in Gurgaon(Gurugram) for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights be in writing and given by Artistclan Design Studio by posting to the Website or via the Application.

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Any dispute, claim or controversy arising out of or relating to this Terms including the determination of the scope or applicability of this Terms to arbitrate, or your use of the Website or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by Members and Artistclan Design Studio. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Gurgaon. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

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If you are a resident of the European Economic Area (EEA) you have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the EEA.

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No Waiver​

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The failure of Artistclan Design Studio to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Artistclan Design Studio.

 

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

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Miscellaneous​

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Artistclan Design Studio shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us.

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Artistclan Design Studio is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond Artistclan Design Studio’s reasonable control.

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You may not assign or transfer these Terms, by operation of law or otherwise, without Artistclan Design Studio's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Artistclan Design Studio may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

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Artistclan Design Studio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) provided by Us with or without notice. You agree that Artistclan Design Studio shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Services. It is your responsibility to review these Terms periodically for updates/changes.

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You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by Artistclan Design Studio, including any intellectual property rights of Artistclan Design Studio or any person, firm or corporation having posted information for availability through the Services provided by us.

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You agree that in the event your post or your information violates any provision of this Terms, we shall have the right to refuse to provide you or any person acting on your behalf, access to the Website, terminate and/ or suspend your access if applicable in the future.

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Please report any violations of these terms and conditions to Artistclan Design Studio at artistclan.com@gmail.com

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YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

 

 

ARTISTCLAN DESIGN STUDIO PRIVATE LIMITED

TERMS OF USE

updated on 13th October, 2021

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By registering as a student or accessing or using the Website, Content, or Services, you agree to be bound by these Terms of Service.

 

Fee and refund related queries:

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  • Fee for workshop or monthly classes provided by artist clan needs to be paid in advance. We hold the right to restrict entry to a student whose fees has not been paid.

  • If the student attends more classes than they have already paid for, they are liable to pay for the extra class if they wish to discontinue their course.

  • Fees for a registered student is non-refundable and non- transferable.

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Rescheduling of Classes:

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  • Rescheduling of a class will only be considered if given prior notice ( at least 2 days in advance)

  • Rescheduling of a class will only be possible if a different batch of the same age group has its class scheduled within a span of 2-3 days of the class to be rescheduled.

  • If the class has been missed by a student without any prior notice due to any reasons or connectivity issues, we will not entertain any rescheduling requests. The student can still access the recording of the session if available.

 

Connectivity and Technical Difficulties:

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  • Participants are required to have access to a stable internet connection.

  • If the student misses out on something due to their connectivity issues or technical difficulties during the class, the teacher will take up their doubts only if the time permits. They are advised to watch the recording of the class later on if available.

  • We make sure the teacher taking the class uses the best internet connection available in their area and if still there are any issues from our end during the session, we make sure to repeat any topic for the best understanding of the student even if it means extending the duration of our class.

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Resources provided by Artistclan Design Studio:

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  • The teacher conducting a class holds the right to record an ongoing session, recording done by a student through any means is a violation of our terms of use.

  • Recording of the session provided by us is not to be shared.

  • Commercial use of resources like videos, photos etc. provided by us is not permitted and is a violation of our terms and conditions.

  • You may not make any content item originating from www.artistclan.com available for public access by any means whatsoever without obtaining prior written permission from Artistclan Design Studio.

 

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Artistclan Design Studio reserves the right to update the terms, conditions and notices of this agreement without notice to you. It is your responsibility to read these policies from time to time to stay up to date with any changes made to them.

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