Terms & Conditions

The Art Academy is a web hosted solution that provides courses and certifications through the website for registered individuals. Any service rendered to you through this website, including but not limited to information about the courses and certifications, pictures, terms and conditions, transactions that may be implemented through the website, order of courses and certifications, and all other services in relation there to “Services” shall be subject to the terms and conditions set forth herein and contained in our Privacy Policy which shall, collectively, constitute an agreement between you the user of the website and The Art Academy. The services and use of the website are provided to you subject to the terms and conditions set forth in this Terms & Conditions and our Privacy Policy, and any other rules and policies set forth on this website. The terms and conditions below and any other rules or policies set forth on this website comprise the entire agreement between user and The Art Academy and supersede all prior agreements.

USER ELIGIBILITY

Use of this website is available only to entities which can form legally binding contracts under applicable law. Registration as provided for on this website is a mandatory requirement for availing of the service rendered on this website. The Art Academy reserves the right to terminate your membership and refuse to continue providing you with access to this website if The Art Academy discovers that you are incompetent to contract by virtue of your age or otherwise under applicable law. This Website is not available to persons whose membership has been suspended or terminated by the The Art Academy for any reason whatsoever. Those who choose to access this website from outside India are responsible for compliance with local laws of their jurisdiction and all applicable laws.

ACKNOWLEDGEMENT AND ACCEPTANCE

Please read the following terms of these Terms & Conditions carefully. By completing the registration process, users accept and agree to all of the terms and conditions set forth in these Terms and Conditions and in our Privacy Policy.

USER RESPONSIBILITIES

These Terms and Conditions give you important obligations. You agree and confirm to the following responsibilities:

You shall comply with our Anti-Spam policy as set forth in these Terms and Conditions.
That you will use the service rendered by The Art Academy for lawful purposes only and comply with these Terms and Conditions , all applicable laws and regulations while using this website and transacting on this website.
Creation and maintenance of all content in the accounts including but not limited to academic content, assessments, email, profile information and current billing and contact information.
Email/mobile phone number list and address book maintenance including opt-out contact information and immediate removal of opt-outs and bounces from email/mobile phone number lists and the address book.
The Art Academy reserves the right to confirm and validate your information and other details provided by you at any point of time and shall have the right to use it for its internal purpose, for market analysis, consumer behavior studies etc (except the credit/debit card details). If upon confirmation, your details are found not to be true (wholly or partly), The Art Academy has the right in its sole discretion to reject the registration and debar you from using this website without prior intimation whatsoever.
In the event that you are unable to receive the service on accounts of an inaccuracy or mistake by you (i.e., including but not limited to you providing us with a wrong name or address or any other wrong information), any inconvenience or delay that ensues are a result of such mistake, shall not be The Art Academy’s liability and losses incurred by the The Art Academy as a result of such inaccuracy or mistake may be claimed from you including cost of the courier agency and any other costs incurred by The Art Academy.
Before placing an order, you will check the course or certification description carefully. By placing an order for a course or certification you agree to be bound by the conditions of course or certification included in the course’s description and payment of all agreed course or certification fees.
You are accessing this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this website including in relation to usage of the services etc.
You will comply with all other obligations set forth in these Terms and Conditions .

We reserve the right to deactivate your accounts as we deem appropriate or necessary, without notice. You enter and use the website and the services at your own risk. The Art Academy is not responsible for your activities, content, results that arise as you go through the courses or certification, or any other matter concerning your use of the website or the services. We recommend that you keep track of your results in your own personal records, as we reserve the right to discontinue your accounts or terminate the services at any time. We are not responsible for the deletion of any data that is in or has been added to your accounts. If a user accounts remains inactive for a period of 12 months, the accounts will be automatically deactivated upon the expiry of 12 months.

MODIFICATION TO SERVICES PROVIDED

You acknowledge and agree that we may, with or without notice, modify or terminate the services and/or the website. Further, we may modify these Terms and Conditions from time to time, including the fees we charge for services including the courses and certifications. Modifications of the Services may include, without limitation, changes not limited to but including in the course content, course outline, assessments, quizzes, presentations, discussions, blogs that may be created, saved, sent or used through the website collectively. You can access the latest version of these Terms and Conditions at any given time on this website address.

We will endeavour to notify you of any significant changes we make by posting a notice on our website, or, by sending you an email. If you do not accept the changes, you must terminate your subscription or other use at that time. However, if you continue to use the website or the services after the notice is posted you shall be deemed to have agreed to accept and abide by the modified services or these Terms and Conditions. If the changes are limited to the course or certification content and assessments, you may not be notified about them.

PAYMENT TERMS; AUTOMATIC RENEWAL; CANCELLATION

You agree to pay, and we will automatically charge, all accounts fees, including any usage that exceeds the thresholds at the rates posted, and including any applicable taxes, at the rates in effect when the fees are incurred. We may change the fees then in effect, or add new fees, by giving users advance notice. You must provide us/our third party service providers with valid credit card information, debit card information, net banking information and must promptly update the accounts information page in The Art Academy with any changes in credit card validity or expiration date or any other changes. If payment cannot be charged to the credit card or debit card you enter on our payment gateway, we reserve the right to suspend or terminate your accounts and access to the services. While availing any of the payment methods available on the website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transactions, or exceeding the pre-set limit mutually agreed by you and between banks, or any payment issues arising out of the transaction, or decline of transaction for any other reasons. All payments made against the purchases or services on the website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on website.

ELECTRONIC COMMUNICATIONS

When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update your e-mail address and other contact details regularly. If The Art Academy is desirous of sending a communication by e-mail, it shall send it to your e-mail address available on its records and it shall be deemed to have been received by you once it is reflected as sent in the outbox of The Art Academy’s e-mail ID. We reserve the right to terminate your subscription and/or discontinue services at any time for any reason.

THIRD PARTY LOANS

The Art Academy may from time to time advertise or propose third party agencies for the purpose of provision of loans to users to facilitate payment for the services. All loans, financial assistance, disbursements etc. are provided solely by, and are the sole responsibility of, third party providers and The Art Academy’s role shall be solely that of facilitator. The Art Academy is not in any manner an agent of, and does not represent such third party loan providers and shall not be liable for any default by such third party providers. Any disputes in relation to financial assistance shall be resolved solely with the third party provider and The Art Academy shall have no liability in relation to the same.

FRAUDULENT / DECLINED TRANSACTIONS

Without prejudice to The Art Academy’s rights under law, The Art Academy reserves the right to recover from you, the cost of services, collection charges, lawyers’ fees and any other charges that are borne by or are likely to be borne by The Art Academy due to your use of a credit/debit card, the services and/or this website fraudulently. In such an event, The Art Academy reserves the right to initiate legal proceedings against you for fraudulent use of this website and any other unlawful acts or acts or omissions in breach of these Terms & Conditions. You hereby indemnify The Art Academy against any costs, damages, claims or other demands in relation to violation of any of your obligations under these Terms & Conditions.

REGISTRATION & PASSWORD: OBLIGATION

When you register on this website, you will provide current, complete, accurate information in the registration section of the website to create your accounts. You will further maintain and promptly update your accounts and keep your information current as needed to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if The Art Academy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with these Terms & Conditions. The Art Academy has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to this website, without any further obligations. You will provide a password in order to access the services and your accounts. You are solely responsible for any use of the services with your accounts and operation of your accounts. Email login must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and accounts information. You need JavaScript enabled to view it. The Art Academy is a single license service. Multiple users and passwords to the same license are not available or permitted. You may not share logins and passwords with others. Sharing login information is in violation of these Terms & Conditions and may result in immediate accounts termination. You hereby allow and authorise The Art Academy to use your information, as may be required from time to time, in accordance with its Privacy Policy, in relation to fulfilling its obligations under these Terms & Conditions and/or under applicable law.

PRIVACY

We are committed to protecting the privacy and confidential information of users. For more information on our Privacy Policy, please click here. You agree to maintain and comply with the privacy policy.

ANTI-SPAM POLICY

The Art Academy is committed to being a trusted member of the Internet community. As such, we have adopted a firm anti-spam stance. Spam can deluge a recipient’s email box and waste the recipient’s time and money. Spam often causes recipients to complain to their internet service providers who in turn may block or restrict access from legitimate services like ours, and Users, like you. To help recipients be free from spam, and to maximize the availability of our services to our community of users, we have taken a “zero tolerance” stand against spam. You acknowledge, warrant and agree that:

You will not engage in any spamming activities in your use of the services.
You understand that The Art Academy is a “online learning portal” and is not the sender or originator of any spamming services, and that you are therefore solely responsible for your email/SMS/call activities using the services.
Your use of the website and services will not violate any Indian or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail.
If you engage in any unlawful spamming activity, The Art Academy will report such conduct to the appropriate authorities and turn over any and all information, including personally identifiable information, to appropriate law enforcement persons or entities.
We will terminate the accounts of any user determined to have used the services) in connection with any spam email/SMS/call or otherwise breached these Terms & Conditions. We reserve the right to terminate your accounts and your use of the services, without notice, if we believe your activities are not in compliance with this Anti-Spam policy. We thank you for your compliance with our Anti-Spam policy and your commitment to good internet usage policies.

OTHER PROHIBITED USES

You acknowledge, warrant and agree that:

You will not transmit through the services or the website any pornographic, obscene, offensive, threatening, harassing, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.
You will not send any transmission or upload any material that attempts to hide your identity or represents you as someone else. Any attempt by you to transmit, upload, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly prohibited.
You will not upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else’s computer, the services or the website.
You will not interfere or disrupt networks connected to the services and the website.
Any attempt by you to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for The Art Academy, is strictly prohibited.
You will comply with all laws, rules and regulations regarding transmission of technical data.
If you engage in any activity set forth in this paragraph or violate any terms or conditions of these Terms, your accounts will be terminated and use of the services and website prohibited. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.

DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that use of the services and the website is at your sole risk. The services and the website are provided on an “as is” and “as available” basis. To the fullest extent allowed by law, The Art Academy expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchant ability, fitness for a particular purpose and non-infringement. The contents of the services or the website may contain bugs, errors, problems or other limitations. The Art Academy assumes no liability or responsibility for any errors or omissions in content. The Art Academy is not responsible for the contents of any material uploaded by the user on The Art Academy. The Art Academy does not warrant or make any representations regarding the reliability or accuracy of the registration information supplied to The Art Academy nor the responses or information supplied during the assessments. The Art Academy does not warrant or make any representations regarding the use or the consequences of the use of any academic or non-academic material, nor does The Art Academy warrant the correctness, usefulness, reliability, accuracy or otherwise of any of the material uploaded on its servers. The Art Academy is not responsible for any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on any academic or non-academic material on or through the services or the website. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of the material received while using the services or website. The Art Academy makes no warranty that the services or website will meet your requirements or that the services will be uninterrupted, timely, secure, virus-free, error-free, accurate or reliable; nor does The Art Academy make any warranty as to any information that may be obtained through the services or website or that defects in the software for the services will be corrected or that the website is free of viruses or other harmful components. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the services or website is done at your own discretion and risk. And that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. The Art Academy makes no warranty regarding any goods or services purchased or obtained through the services or website or any transactions entered into through or based upon the services or the website. No advice or information, whether oral or written, obtained by you from the services or website or through the services or website shall create any warranty not expressly made herein.

LIMITATION OF LIABILITY

To the fullest extent permissible pursuant to applicable law, neither The Art Academy nor any parent entities, subsidiaries, affiliates, officers, franchisees or employees, shall be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of your access to, use of, inability to use, or reliance on the services or any academic or non-academic content, even if advised of the possibility of such damages. If you are dissatisfied with the services, the materials available on or through the services or the website, or with any of the terms of these Terms & Conditions, your sole and exclusive remedy is to discontinue using the services and leave the website immediately. Neither The Art Academy nor its parent entities, subsidiaries, affiliates, officers, or employees shall be liable in respect of any materials, services, warranties offered by any third party other than its authorized The Art Academy franchisees. Neither The Art Academy nor its parent entities, subsidiaries, affiliates, officers, or employees shall be liable in respect of any false claims, misrepresentations or deficiency of service of any franchisee or any entity purporting to be a franchisee of The Art Academy. The Art Academy is engaged in facilitating enrollment of students with various degrees, diploma and other certification programmes offered by various Indian educational institutions and universities. In this relation, The Art Academy also provides certain facilitation and value added services to or for the benefit of the educational institutions and universities, on a principal-to-principal basis. The Art Academy is neither a partner nor an agent of such educational institutions and universities, and does not have any role whatsoever in awarding degrees, diplomas or certifications with respect to the programmes offered by such educational institutions. Award of degrees/diplomas/certifications is subject to the terms and conditions prescribed by the educational institutions and universities, and the student is required to fulfill, among others, the academic or other requirements as set by the educational institution or university offering the degree/diploma/certification programmes.

No oral or written information or advice given by The Art Academy or its or its affiliates, representatives or franchisees shall create a warranty. All statutory and implied warranties are expressly excluded to the fullest extent permitted under law. The Art Academy will not be liable for any claims, losses or damages of whatsoever nature including but not limited direct, indirect, incidental, punitive, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use or other intangible losses, whether in tort or contract or under statute, arising out of or in relation to the degree/diploma/certification courses offered by the concerned educational institutions and universities. Any recourse for a student for relief or remedy against any of the foregoing will lie solely against the educational institution or university offering the degree/diploma/certification programme.

PROPRIETARY RIGHTS: INTELLECTUAL PROPERTY

The Art Academy owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, , page layout, design, processes, procedures, digital conversion or other material contained in the services and the website to the extent such content is provided and/or designed by The Art Academy. It has given due credit in case the material has been licensed from a third party. It is all protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or recompile, reverse engineer or disassemble the content. You are permitted the limited license to use the content of the service and the website as authorized herein to study the academic or non-academic material for your personal use as an end product only, and you must at all times maintain The Art Academy’s copyright symbol on the production any form or medium. While your accounts are active, you will have the right to access your content, and you assume the entire risk of disclosing such content to third parties. Modification or use of The Art Academy’s content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this website without prior express authorization. No misappropriation or misuse of names, marks, other proprietary material. You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the services or the website. If you use any such proprietary material or content, by doing so, you warrant that you have the right and authority to do so.

LINKS AND ADVERTISERS

The Art Academy may provide advertising space and/or links and pointers to internet sites maintained by third parties. The Art Academy has not reviewed all of the third -party websites nor reviewed any products or services they may provide. The Art Academy is not responsible for nor does it endorse the contents or any products or services of such third parties or their websites. The Art Academy does not control in any respect any information, products or services offered or suggested by third parties on the website. The Art Academy does not endorse or otherwise warrant or guarantee the products or services that are either advertised on the website or connected by link.

TERMINATION

These Terms & Conditions and the services may be terminated by The Art Academy at any time. The Art Academy shall not be liable to you or any third party in any manner for termination of the services. In the event you should become dissatisfied with the Terms & Conditions or any modifications thereof, or with the services or the website, your only recourse is to discontinue use of the services, terminate your subscription, and give notice to us of these actions. Upon termination, your right to use the services and the website cease immediately and The Art Academy shall have no obligation whatsoever to retain, forward or make available to you any of the academic or non-academic material available on The Art Academy.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Art Academy, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys’ fees, due to or arising from your use of the website or the services, academic content, non-academic content, assessments, course material and any other conduct related in any way to the services or the website, including but not limited to breaching any warranty or provision contained in these Terms & Conditions.

NATURE OF AGREEMENT

You agree that your completion of the registration procedure constitutes agreement to these Terms & Conditions. Further, these Terms & Conditions are the entire and only agreement between you and The Art Academy and supersede any prior or other understandings, representations or warranties including, but not limited to, any non disclosure agreements, purchase orders, license agreements, service agreements, and invoices.

The Art Academy Holiday List 2018

     Sl No               Holiday                 Date            Day
            1Independence Day15th August 2018 Wednesday
            2Id-ul-Zuha (Bakrid)22nd August 2018 Wednesday
            3Mahatma Gandhi’s Birthday2nd October 2018 Tuesday
           4Dussehra19th October 2018 Friday
           5Diwali (Deepavali)07th November 2018 Wednesday
           6Milad-Un-Nabi or Id-E-Milad (Birthday of Prophet Mohammad) *21st November 2018Wednesday
           7Christmas25th December 2018 Tuesday

*Fee is based on a four-week month – i.e. 8 classes per month. The Fee remains the same for a five-week month which is why there are NO DEDUCTIONS for classes that fall on Public Holidays.

*The Art Academy reserves the right to stay closed on days of adverse weather conditions, strikes, death or ‘acts of God’. There are no refunds, credits or transfers in such situations.

*Possible change in the date of holidays in respect of Idu’l Fitr, Idu’l Zuha, Muharram and Id-e-Milad, if necessary, depending upon sighting of the Moon, as declared by the appropriate authorities.

*The Art Academy reserves the right to declare annual holidays. Students will be notified of this break. Students will not be charged fee during this period. If fee has been collected for the period during which the Academy is closed, back-up classes will be provided.