TERMS AND CONDITIONS
These terms and conditions of sale shall govern all the transactions, between Beyond the Canvas LLP and the Buyer relating to the Work(s) of Art from the online gallery/website www.TheCurators.art, and all other URLs forming part thereof (hereinafter referred to as "the Sites").
TheCurators is not in the physical possession of all Work(s) of Art and its role shall be confined to that of a platform for the display and sale of the Work(s) of Art, from the Artist/ Artisan to the Buyer.
The Site hosts a curated collection of Work(s) of Art online and is a platform for thesale and exhibition of and not limiting to paintings, digital art, mixed media and sculptures. The Buyer on seeing a specimen of the Work(s) of Art on the Site is interested in the purchase thereof through the Internet.
These terms and conditions shall apply on the sale of the Work(s) of Art of the Artist/Artisan to the buyer through the Sites. The Buyer must read, agree with and accept all of the terms and conditions contained in this document.
Acceptance of Conditions
Before you use the Services, we require that you read and accept these Conditions. If you visit, shop or otherwise participate in the Services on the Site, you accept these Conditions. If you choose not to accept these Conditions, you may not access or otherwise use the Site or Services. If you have any questions regarding these Conditions, please contact our Customer Service department at info@TheCurators.art. In addition, when using TheCurators.art owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the Conditions.
"Buyer" means the individual above 18 years of age or legal entity whose order for the Work(s) of Art is accepted by TheCurators; or any individual who seeks to buy; or any individual who directly or indirectly has communicated with TheCurators
"Conditions" means these terms and conditions set out on TheCurators.art and includes any special terms and conditions agreed in writing between the Buyer and TheCurators.
"Artist/Artisan" means an entity, individual, gallery or an organization interested in the effectuation of sale of the Work(s) of Art by TheCurators through the Channels and the definition includes but is not restricted to the following:
- (i) An individual who submits his own Work(s) of Art that is a result of his creation, innovation and talent, whether the individual is an art professional or not.
- (ii) Any student enrolled in a University, College, Institution or School imparting training, education and knowledge in Art and related fields or any other field or discipline
- (iii) Any gallery which promotes the Work(s) of Art of varied Artists.
- (iv) Any individual, organization or entity who being in the lawful possession of Work(s) of Art desires to sell the same through the Channels of TheCurators, provided that the said individual, organization and entity has the legal capacity and authority to sell the Work(s) of Art.
- (v) Any other individual(s)/group/institutions/organization who is authorized and competent to sell/resell art in a saleable manner on TheCurators.com
"Transactions" refer to online offers, acceptances of sale made and/or entered into by the "Buyer", for professional or non-professional purposes, in his name and for his account or in the name or for the account of another individual or entity.
"Writing" includes email, letter by post or courier and any other comparable means of communication, and "written" shall be construed accordingly
6. WORK(S) OF ART/PRODUCTS
"Work(s) of Art/Products" means the work(s) of art/products (including any instalment of the work(s) of art/products or any parts for them) which Artist/Artisan is to sell in accordance with these Conditions.
7. TheCurators/ TheCurators.art
“Beyond the Canvas LLP” a limited liability partnership incorporated in India and having its registered office at [•], which owns the website www.TheCurators.art, and all intellectual property in the same.
“Services” means the services provided/to be provided by TheCurators/ TheCurators.art, which are subject to the Conditions.
Individual registration: Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. TheCurators reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to TheCurators's notice or if it is discovered that you are under the age of 18 years. TheCurators assumes no responsibility or liability for any misrepresentation of Your age.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or Services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you.
Registration, Listing and Selling
You must be a Registered User with TheCurators.art in order to list, sell and buy Art.
In order to participate in the Services, you must register with TheCurators.art by filling out our registration form and providing certain information to us. You agree that the information on your registration form is complete and accurate, and that you will update it in order to keep it current. TheCurators.art reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the Services. Further, the rights granted to you as a Registered User may not be transferred or sold to another party.
TheCurators.art believes artists/artisans when they upload their works that they have agreed to the terms to sell and for prints. All Images (referred as "Artworks") provided by the artists confirms and establishes the fact that they are the owners and original creators of the artwork(s) as provided to TheCurators.com. TheCurators.art does not hold any liability in case of any discrepancy that is/has been found as a result of misuse of image or copyright or any other intellectual property right produced by the original owner. TheCurators.artis a mere facilitator to the artists.
TheCurators believes that all their users are fair and will provide relevant and accurate information regarding their personal information as well as any other information related to artwork. In case of any discrepancies in the details provided by them regarding artwork, personal, educational or professional background, TheCurators.art will not be liable, you are requested to verify before purchase or delivery of the Products.
TheCurators also holds right to use the Artwork as it deems fit and proper in any form for either marketing and/or sales in any documents/materials/third party website/platform.
All sizes mentioned in the website is to benefit the consumers for easy understanding. We encourage sizes to be presented in Inches as that is the accepted norm in India. Should you require the size is cms or any other metric you are comfortable with, we encourage you to write to us at info@TheCurators.com.
Login ID, Password and Security
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. TheCurators.art reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
TheCurators does not allow users to delete their account on the site directly by themselves. However, if any user wants to delete their account, they can get in touch with TheCurators at info@TheCurators.art or via the contact form available on the site. Your request to delete the account will be considered and appropriate action will be taken. However, it is the sole discretion of the authorized personnel(s) at TheCurators to delete/ change the status of your account.
E-PLATFORM FOR COMMUNICATION
TheCurators does not pre-screen or censor users who access the website, or the content or information provided by user(s). TheCurators.artis not a party to any transaction relating to the Art. The artworks made available for sale on the Website may not be in the physical possession of TheCurators.art and/or could be physically located anywhere in the world in the artist's studios or with the authorized seller. You agree, understand and acknowledge that the website is an online platform that enables you to purchase Products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that TheCurator.art is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of Products on the website shall be a strictly bipartite contract between you and the sellers/Artist/Artisan on TheCurators.art.
When you visit TheCurators.art or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, WhatsApp, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, WhatsApp, e-mail or phone calls from us with respect to your order. You agree that the communication sent to you by The Curators.in shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
LICENCE FOR WEBSITE ACCESS
We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
- Reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided
- Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet 'search engines," hit counters or similar technology)
- Use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website
- engage in any activity that interferes with the website or another user's ability to use the website
- Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the Services offered on the website or
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein without any intimation or any further notice.
Indemnity and Release
You shall indemnify and hold harmless TheCurators, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party or any third party claim arising for any reason whatsoever.
In the event that you have a dispute with one or more users, you hereby undertake to release TheCurators.art (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise .
You understand that all information, data, text, photographs, graphics, video, messages, and or other materials ('User Content'), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. You are responsible for all the User Content that you upload, post, broadcast, display, email, transmit, or otherwise make available via the Service. TheCurators.art cannot control the information provided by users which is made available through the Services. Users may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site. TheCurators.art has no control over the quality or legality of the Art listed the truth or accuracy of the listings or any other information provided by a user about the Art. Please intimate us in case you find any content objectionable or illegal and we will do our best to verify and take suitable action. You understand that you, and not TheCurators.art, is responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
Basic Listing Obligation
By listing Art on the TheCurators.art, the seller has the option to either sell or use the content as just display content through TheCurators.art. In either case the seller must agree to our sale policy (pre discussed with the seller in written/ verbal acceptable commuincation)
TheCurators does not claim ownership rights in your Content. But TheCurators has the right to use your artworks for the purpose of creating marketing campaigns, which help you in an indirect or direct manner like exhibition poster etc. You grant TheCurators a license solely to enable TheCurators to use any information or Content you supply TheCurators with, so that TheCurators is not violating any rights you might have in that Content. You grant TheCurators a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow TheCurators to store or re-format your Content on TheCurators and display your Content on TheCurators in anyway as TheCurators chooses.
Shipping logistics are communicated to the Buyer at the time of purchase, basis the location of the artwork. The standard anticipated timelines for shipping in India are listed below, however these would vary during exigencies, Force Majeure conditions or in epidemics like Covid 19.
- Express Shipping (ships to the buyer within 4/5 business days. This is chargeable)
- Standard Shipping (6 to 10 business days)
- If a work has to be imported from an artist residing outside India, it may take upto 15 days and may involve a custom duty payable by the buyer.
Buyer's Transactional Information
As part of an e-commerce transaction, you may obtain personal information, including email address and shipping information of the buyer, from TheCurators. Without obtaining prior permission from the TheCurators, this personal information shall only be used for that authorized transaction or for TheCurators -related communications. TheCurators has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any TheCurators user to your email or physical mail list.
You must be a Registered User in order to purchase the Art. Buyers are obligated to complete the sale transaction upon completion of the check-out process. Placing an order on TheCurators.art constitutes an irrevocable acceptance of the purchase once the shipment has been made by the seller or if the artwork is in transit. Unless rescinded/cancelled by TheCurators on account of a default by the artist or any prior or continuing breach by the buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between TheCurators (acting as the agent of the artist) and the buyer.
All artwork posted for sale by Artists on the Website is supported by an authenticity guarantee from the Artist themselves. TheCurators does not issue any authenticity guarantee.
We will use third party service provides for processing payments and other ancillary services, and we shall not be responsible for any system failure of loss suffered by you on account of the services of such third parties and we disclaim all liabilities in this regard.
The Art shall be and remain the risk of the artist/ artisan/seller until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.
If a buyer elects to return a piece of Art (only if met by our Refund policy norms), the buyer must write to TheCurators.artwith the photographs of the damage and an email specifying the damage. Reimbursement shall be made by issuing a credit card refund if payment to TheCurators.art was made by credit card or by check if payment was made by check. Insurance, packing and shipping fees associated with the return of the returned piece of Art shall be the sole responsibility of the buyer, and TheCurators.art shall have no obligation to reimburse the buyer for such amounts.
You and TheCurators are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Any information you provide during the registration, listing or sale/purchase process and your activities or user of the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (v) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for TheCurators.art or cause it to lose (in whole or in part) the Services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or Services that: (a) are prohibited under these Conditions; (b) are concurrently listed for sale on a website other than the Site; or (c) you do not have a right to link to or include.
a) Taxes: You are responsible for paying all fees/costs/charges associated with the use of the Website to purchase Work of art/Products and you agree to bear any and all applicable taxes/GST, cesses etc. levied thereon as per applicable rules in force at the time of the transaction.
b) Non-payment: TheCurators reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to TheCurators. TheCurators also reserves the right to take legal action in case of non-payment of fees by you to TheCurators.
You acknowledge and undertake that you are accessing the Services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of any person including the sellers, logistics partners and/or the ARTIST/ARTISAN nor any breach of conditions, representations or warranties by the sellers, logistics partners and/or the ARTIST/ARTISAN and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers, logistics partners and/or the ARTIST/ARTISAN.
We further expressly disclaim any warranties or representations (express or implied) and/or claims and/or liabilities in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Products listed or displayed or transacted or the content (including product information and/or specifications) on the website. All content, information, software, Products, Services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any Products on the website.
At no time shall any right, title or interest in the Products sold through or displayed on the website vest with TheCurators nor shall TheCurators have any obligations or liabilities in respect of any transactions on the website or with respect to the Products.
The art, site and Services, including all content, functions, materials and information made available on or accessed through the site or the Services, are provided on an "as is" and "as available" basis without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. TheCurators.art does not warrant that the Products, art, Services or the functions, features or content of the site will be timely, accurate, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Products, art, site or Services will meet users' requirements or expectations, and expressly disclaim any warranties or guarantees that by listing art on the site, the listed art will be sold. If you are dissatisfied with the site or any Services, your sole remedy is to discontinue using the site and the Services. TheCurators.art makes no warranty regarding any art purchased or obtained through the site or any transactions entered into through the Services. no advice or information, whether oral or written, obtained by you from TheCurators.art or through the Services shall create any warranty not expressly made herein. TheCurators.art expressly disclaims any endorsement or warranty of any art sold on or through the Services, and any responsibility for any misrepresentations or breaches committed by another user.
Limitation of Liability
In no event shall TheCurators.art is liable for any damages of any kind arising from (i) any injury to any person or property caused by the art (ii) defects in such art on any theory of liability or (iii) any return of any art. In addition, in no event shall we be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services, the site or its content, including without limitation, loss of revenue or anticipated profits or lost business or lost sales, even if TheCurators.art or an authorized representative thereof has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the total liability of TheCurators.art to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence, product liability or otherwise) arising from these Conditions or your use of the site and the Services exceed, in the aggregate, actual price of the Art(s) Work.
We shall not be liable for performance of any obligation and/or condition by us due to occurrence of any force majeure event or circumstances which are beyond our control. Intellectual Property
The copyright or any other Intellectual Property Rights subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programmes or any other material prepared by the Artist/Artisan whether readable by humans or by machines shall belong to the Artist/Artisan or TheCurators absolutely, and they shall not be reproduced or disclosed or used in their original or translated from by the Buyer without the artists or TheCurators written consent for any purpose other than that for which they were furnished. TheCurators shall contact the Artist/Artisan to obtain any such permission sought by the Buyer.
TheCurators accepts no responsibility for the accuracy and authenticity of drawings, patterns or specifications of the Artist/Artisan. The Buyer or 3rd party shall indemnify TheCurators against all claims whatsoever for damages and costs and against all liability in respect of any infringement of patent or other intellectual property rights resulting from compliance with the Buyer's instructions express or implied and the Buyer will fully indemnify TheCurators against any liability in respect thereof and shall pay all costs and expenses which may be incurred by TheCurators in reference to any such claim.
Third Party Links
Where TheCurators.art provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. TheCurators.art is not liable for any damages, loss or liability or injury arising from use of such sites.
Modification & Availability
TheCurators.art may, at any time, delete, modify or supplement the content of the Site without prior notice. TheCurators.art reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features or time of availability. TheCurators.art may also impose limits on certain features of the Services or restrict your access to part or all of the Site or the Service without notice or penalty.
You agree that TheCurators.art has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site. TheCurators.art reserves the right at all times to edit disclose or refuse to post any material or information or request removal of or remove any material or information from the Site.
TheCurators.art makes reasonable commercial efforts to make its Services and Site available at all times. However, TheCurators.ar tis not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of a sale.
It is understood and agreed that, notwithstanding any other provisions of these Conditions, breach of the provisions of these Conditions by you will cause TheCurators.art irreparable damage for which recovery of money damages would be inadequate, and that we shall therefore be entitled to obtain timely injunctive relief to protect our rights under these Conditions in addition to any and all other remedies available at law or in equity.
In the event that any provision of these Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Conditions unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
These Conditions comprises the entire agreement between you and TheCurators.art and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in these Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Conditions.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and www.TheCurators.art when you commenced using the website.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights that you may have against the seller.
In the event that TheCurators.art, fail to enforce any provision of these Terms of Servcie, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of these Terms of Servcie will not constitute a wavier of any other part or sub-part.
Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of india. You agree, as we do, that any dispute, controversy or claim arising out of or relating to this agreement or the breach thereof, shall be submitted to the exclusive jurisdiction of the courts at Mumbai. If this is acceptable to you, please go ahead and use the site otherwise please do not use the website.
This website is operated by Beyond the Canvas LLP.
For the TheCurators.art website, you could contact us by visiting: Contact Page
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TheCurators.art. BY CLICKING ON THE "I AGREE" BUTTON AT THE END OF THIS AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 as applicable in India. This electronic record is generated by a computer system and does not require any physical or digital signatures.