Terms of Use
Every effort is made to ensure that information contained on this website is accurate and up to date. However, the information about various exhibitions, events, details of various collections available, artworks, courses, etc., may change from time to time, with some educational offerings, programmes, and courses being modified, discontinued, or replaced.
Impart reserves the right at any time to change or amend the details including course and module content, articles, timelines, live programmes, dates, time, locations, and our Terms of Use.
1. Introduction
1.1 The Impart website (https://imp-art.org/; “Website”) is managed and maintained by Impart (“We,” “Us” or “Our”) having its registered office at 26/1, Kasturba Cross Road, Shanthala Nagar, Ashok Nagar, Bengaluru, Karnataka 560001.
1.2 The terms and conditions for the usage of the Website as set out herein (“Terms of Use” or “Terms”) applies to any person (“User,” “You” or “Your”) who accesses and/or uses the Website in any manner. [For the purposes of this Terms of Use, “User”/” You” means any natural person, representative of an organisation or collective, legal persons, or digital persons, such as artificial intelligence, computer programs or other digital entities, that access or use the Website.]
1.3 You are advised to kindly read these Terms carefully before using the Website. By accessing and/or using the Website, you confer your unconditional agreement to be bound by the terms and conditions stated herein, along with terms set out in the Privacy Policy, and any other policies and guidelines that may be available on the Website at the time that You visit or use the Website (collectively the “Agreement”). Should You not agree to/consent to these Terms, you must not access or use Our Website.
1.4 This Terms of Use constitutes an electronic record as defined under the Information Technology Act, 2000 and is subject to the provisions thereof, as well as the allied rules and regulations made thereunder. This Terms of Use is being made available on the Website in compliance with Rule 3(1) of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, which, inter alia, stipulates that the rules and regulations, privacy policy, and terms of use governing the access or usage of a Website by a User be published.
2. Use of the Website
2.1 Eligibility and Use
2.1.1 Access to this Website is intended for users who are above the age of 13 years. For users under the legal age of 18, use is permitted only under the active supervision of a parent or guardian. By providing this access, the supervising adult agrees to monitor activity and ensure the child adheres to the Website’s terms and policies. Impart is not responsible for any unauthorised access by underage users who do not follow these conditions.
2.2 Permitted Use
2.2.1 You are granted a non-exclusive, non-transferable, revocable license to access and use the website strictly in accordance with these terms. As a condition of Your use of the Website, you warrant Impart that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use.
3. Intellectual Property Rights
3.1 Unless otherwise stated, all information, content, and material available on the Website — including, but not limited to, text, graphics, logos, button icons, images, metadata, audio clips, digital downloads, data compilations, software, and the domain name — are the exclusive property of Impart. This includes all associated copyrights, trademarks, trade names, service marks, trade secrets, patents, and other intellectual property related to the Website and Services, whether explicitly displayed on the Website or not (“Our IP”).
“Our IP” does not include third-party marks, logos, or any appropriately credited text or imagery that may be displayed on the Website with proper authorisation or in accordance with the fair use provisions outlined in Section 52 of the Copyright Act, 1957.
3.2 You acknowledge and agree that all rights, title, and interest in and to the Website and Services, along with Our IP, belong solely to Us. You also agree not to use Our IP for any unlawful or infringing purposes. No information, content, or material from the Website may be altered, modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner without Our express written permission. Please refer to our Copyright Policy for more information.
3.3 Unauthorised use or infringement of Our IP may result in the termination of Your access to the Website and Services. We reserve the right to pursue all available remedies under applicable law or contract, including seeking injunctive relief and damages for any unauthorised use or infringement of Our IP.
4. Conditions of Use
4.1 You shall use this Website and/or Services for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
4.2 You may access the Website, and avail of the features and facilities provided therein for Your personal, internal, or educational requirements, or for the purposes of any acts as mentioned under Section 52 of the Indian Copyright Act, 1957.
4.3 You covenant that You will not:
4.3.1 Delete or modify any content on the Website, including but not limited to any information regarding Our Services, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos that you do not own or have express permission to modify;
4.3.2 Directly or indirectly, duplicate, distribute, create derivative works of, broadcast, display, tamper with, or commercially exploit the content, material, and information available on the Website without Our prior written consent;
4.3.3 Aggregate, copy, or duplicate in any manner any of the content, material, or information available on the Website without Our express written consent, other than as permitted by these Terms;
4.3.4 Decompile, reverse engineer, or disassemble the content on the Website;
4.3.5 Allow third parties to aggregate, copy, reproduce, distribute, alter, modify, create derivative works of, and/or reverse engineer the content and material provided on the Website;
4.3.6 Use any data mining, robots, or similar data gathering or extraction methods to extract any information and content available on the Website, or parts thereof, for the purpose of reutilising the same without Our prior written consent;
4.3.7 Use the Website and/or Our Services in any way that is unlawful, or harms Us or any other person or entity, as determined in Our sole discretion;
4.3.8 Make false or malicious statements against the Services, the Website, or Us;
4.3.9 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contains a virus or other harmful component, or otherwise impair or damage the Website and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and/or the Services;
4.3.10 Engage in good-faith with community users and refrain from engaging in any disruptive or harmful behaviour, such as negative comments, excessive posting, or any activities that may detract from the positive experience of others on the platform.
4.4 You shall not host, display, upload, modify, publish, transmit, update, or share on or through the Website, any information that:
4.4.1 belongs to another person and to which You do not have any right;
4.4.2 is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, insulting, harmful, harassing, blasphemous, relating to or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force;
4.4.3 is harmful to minors;
4.4.4 infringe any patent, trademark, copyright, or other proprietary rights;
4.4.5 violates any law for the time being in force;
4.4.6 deceives or misleads the addressee about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature;
4.4.7 impersonates another person;
4.4.8 threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence or is insulting other nations;
4.4.9 contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource, or
4.4.10 is patently false and untrue, and is published/written with the intent to mislead or harass a person, entity or agency for financial gain, or cause any injury to any person.
4.5 You expressly understand and agree that:
4.5.1 The information, content and materials on the Website, and the Services offered by Us is provided on an “as is” and “as available” basis, without any representations or warranties. We, for Ourselves, and Our employees, affiliates, agents, officers, and partners, make no representations or warranties (either express or implied) including but not limited to, representations and warranties of merchantability, fitness for a particular purpose and non-infringement.
4.5.2 We do not warrant that (i) the functions contained in any content, information, and materials on the Website, including, without limitation any third party sites or services linked to the Website and/or (ii) Our Services, will meet your requirements, be error-free, timely or uninterrupted, that the defects will be rectified, or that the Website or the servers that make such content, information, and materials available are free of viruses or other harmful components;
4.5.3 Any material, information, or content downloaded or otherwise obtained through the Website are accessed at Your own risk, and You will be solely responsible for any damage or loss that may be incurred from such access or download.
5. Privacy Policy
Your use of the website is also governed by our Privacy Policy, which can be found at Privacy Policy.
6. Disclaimer
6.1 The Website, its content and the Services are provided on an “as is” basis, without warranties of any kind, either express or implied. You agree that Your use of the Website and Services is at Your sole risk.
6.2 All information, opinions, analyses, etc., on the Website are intended solely for informational purposes only and should not be deemed or construed as advice or a formal opinion, unless expressly stated otherwise. While all information on the Website is carefully reviewed and verified prior to publication, we make no guarantees regarding the accuracy or reliability of any content or information available on the Website or through the Services. You acknowledge and agree that any damages or losses arising from your use of the content or information on this Website are solely at your own risk, and we shall not be held liable for such occurrences.
6.3 Impart shall not be liable for any failure or delay in the provision of Our Services and the Website, for reasons beyond Our control.
7. Limitation of Liability
7.1 You acknowledge and agree that You are using the Website and Our Services at Your own risk, and are using Your best and prudent judgement before transacting on the Website.
7.2 To the fullest extent permitted by law, under no circumstances will We, or Our officers, agents, employees and directors, be liable to You for any direct, indirect, incidental, special, remote, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with Your access to or use of the Website and/or Our Services, including but not limited to:
7.3 The use or the inability to use the Website and/or Our Services; or
7.3.1 Unauthorised access to or alteration of your transmissions or data; or
7.3.2 Any other matter relating to the Website and/or Services, whether or not foreseeable, or whether or not We have been advised of the possibility of such damages.
7.4 We shall neither be liable nor responsible for any actions or inactions of the other users of the Website and/or Our Services, nor any breach of conditions, representations, or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between You and the other users of the Services or between You and the payment gateway networks. In the event that You have a dispute with one or more other users, you release us from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
8. Amendments to the Term of Use
8.1 We reserve the right to amend, update, modify, or change these Terms of Use from time to time, at our sole discretion and without prior notice. Your access and use of the Website following any such change constitutes Your agreement to be bound by such amended Terms. You are expected and encouraged to review these Terms periodically to stay informed of Your rights and obligations corresponding to Your use of the Website.
8.2 We hereby authorise and grant You a limited, revocable permission to visit, browse and make personal use of the Website, and view and avail the features, products, and services (“Services”) displayed on the Website, provided that Your usage of the Website is in accordance with these Terms of Use. We reserve the right to reject or grant access to the Website to a new User or terminate the access of an existing User at any time, without prior notice.
9. Governing Law and Jurisdiction
9.1 The Terms, the Agreement, and all transactions entered into through the Website will be governed by and construed in accordance with the laws of India.
9.2 Subject to Clause 10 below, the courts in Bengaluru, India, shall have exclusive jurisdiction over any disputes that may arise out of or in connection with Your use of the Website and/or Our Services.
10. Dispute Resolution
10.1 If the Dispute is not settled within 30 days from the date on which the Dispute arose, it shall be referred to private mediation before a trained mediator, on such terms as may be mutually agreed. The venue and seat of the mediation shall be Bengaluru, India and the language of the mediation shall be English.
10.2 If the Dispute is not settled within 30 days from the date on which the Dispute arose, it shall be referred to private mediation before a trained mediator, on such terms as may be mutually agreed. The venue and seat of the mediation shall be Bangalore, India and the language of the mediation shall be English.
10.3 In the event the mediation fails or does not result in a negotiated settlement of the Dispute within 45 days of commencement of the mediation, the Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated by reference in this Clause. The seat and venue of arbitration shall be Bengaluru, India. The arbitral tribunal shall consist of a sole arbitrator. The language of the arbitration shall be English. The parties agree that the sum in dispute for the purposes of computing the arbitrator’s fees shall be determined based on the aggregate sum of claims and counterclaims of the parties.
10.4 The award of the arbitrator shall be final and binding. The arbitrator shall have discretion to award interest and costs of the arbitration. In this respect, the Parties agree that each party shall bear its own expense, including but not limited to such Party’s advocate’s fees and expenses. The fees and expenses of the arbitrator shall be borne equally by the parties.
11. Force Majeure
We will not be held responsible for any delay or failure to comply with Our obligations under the Terms of Use if the delay or failure arises from any cause which is beyond Our reasonable control.
12. Waiver
No provision in these Terms of Use will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Us. Any consent by Us to, or waiver of Your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
13. Contact Us
13.1 If You have any questions or concerns about these Terms of Use or come across or become aware of any violation of these Terms, please contact Us at connect@imp-art.org
13.2 If You have any grievance with respect to the Website or Our Services, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Email: connect@imp-art.org
Office Address:
The Art & Photography Foundation
No. 3/1/1 Ali Askar Road
Bengaluru Karnataka India 560052
+080 40535233