TERMS OF USE

1.  INTRODUCTION

anArtizen is an online platform owned, designed, built, managed and operated by anArtizen Private Limited (“anArtizen”). anArtizen’s mission is to provide information & services that empower artists (“Artizens”) and individuals employed by and/or working in organizations related to the arts (“Art Professionals”) towards greater connectivity, productivity and professional success.

1.1. These terms of use (“Terms of Use”) govern the access to and use of the anArtizen online platform i.e. anArtizen websites and related web and mobile applications by you through any electronic device, including any content, functionality and services offered on or through www.anartizen.com, www.anartizen.in, www.anartizen.io or any other such website managed and controlled by anArtizen (“Online Platform”).

1.2. By visiting the Online Platform , you agree, on behalf of yourself or any other legal entity (if applicable) to abide and be bound by these Terms of Use and the Privacy Policy (as amended from time to time).

1.3. You may be required to accept further terms by clicking to accept or agree terms as and when this option is made available to you.

1.4. If for any reason, you disagree with these Terms of Use or any part of thereof, you must not access the Online Platform.

1.5. You represent and warrant that you are above the age of 18 years to form a binding contract and meet all such other requirements. In the event you are under 18 years and access the Online Platform, it is assumed that you have obtained the consent of the legal guardian or parents and such access is made available by the legal guardian or parents. anArtizen will not be responsible for any consequence that arises as a result of misuse of any kind of our Online Platform that may occur by virtue of any person being a minor

1.6. anArtizen reserves the right to change these Terms of Use at any point of time. You acknowledge and agree that your access and use of anArtizen Online Platform after the date on which the Terms of Use have changed will constitute deemed acceptance of the updated Terms of Use.

2. DEFINITIONS

2.1. Artbeat: An editorial wing of anArtizen which provides full length interviews, reports on relevant news and developments, deep-dives into the business of creative industries, and spotlights both new-age disruptors and veterans.

2.2. Creative Industry: It includes Film/Theatre, Writing, Comedy, Dance, Visual Arts, Music and Technicals.

2.3. Mentor: A person who is engaged in a creative industry and possess some unique insights about that particular creative industry. This person acts in his/her individual capacity on the Online Platform and in no way acts on behalf of anArtizen.

2.4. Project Huddle: The consulting wing of anArtizen which allows mentors from different creative industries to engage with users and give guidance based on their expertise.

2.5. Session: A time slot booked by a user for a one on one consultation with a Mentor.

2.6. User: Any person accessing the website, including a person employed in the creative industry, looking to find their way in the creative industry, brands, agencies, consumer of creative industry or an enthusiast of creative industry.

2.7. Ventures and Artizens: The networking wings of anArtizen which allow users from creative industries to collaborate and connect with other users.

2.8. Intellectual Property Rights means all patent rights, copyright rights, rights of publicity, trademark, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.

3.  PLATFORM

3.1. You acknowledge that anArtizen only provides a platform and merely facilitates and is never a party to nor (has?) exercises any control in any manner on any transaction that takes place on the Online Platform or outside of it.

3.2. You further acknowledge that any contract or transaction on the Online Platform is strictly bipartite between the users and anArtizen will not be a party to it in any manner whatsoever.

3.3. You acknowledge and agree that information provided on the Artbeat section of the platform is on a best effort basis. Information provided therein should not be construed as a business, legal, medical, or any other professional advice. anArtizen cannot be held liable for any loss or damages arising out of the use of such information for any purpose. You are advised to exercise your own discretion before acting on any such information.

3.4. You acknowledge and agree that on Project Huddle, the Mentor is taken on board by anArtizen based on the information provided by the mentor and other such publicly available information. Despite best efforts by anArtizen, you agree and acknowledge that anArtizen cannot be held liable for the veracity of information provided by the mentor. You further agree that anArtizen will not be held liable for any transaction between the Mentor and the User and all such transactions will be strictly bipartite transactions between the Mentor and User.

3.5. The Ventures and Artizens are services that provide information about projects, assignments and jobs for the benefit of the User of the Online Platform. These services do not guarantee and/or promise a project/assignment/job to a User. The listings and information provided under these services are on a best effort basis. You are advised to exercise your own discretion before acting on any of the listings and/or information provided under the Ventures & Artizens services on the Online Platform. You acknowledge and agree that anArtizen cannot be held liable for the information provided by users for any job listing on the Online Platform and further not for the veracity of such information.

4. PAYMENT

4.1. You acknowledge that anArtizen’s role is merely to facilitate bipartite transactions based on listings, information and services that are available on the Online Platform. For all such transactions between Users, Users and Mentors or any other third-party service provider that are concluded on the Online Platform, an Artizen may charge a small transaction facilitation fee.

4.2. You agree that while making any payment on the Online Platform, we will not be liable for any loss or damage due to lack of authorization for any transactions, any issues arising out of the Bank, or any such other reason for decline of transaction.

4.3. You further acknowledge and agree that the use of payment facility on the Online Platform shall not render anArtizen liable or responsible for any wrong in providing of service by a third-party user and anArtizen is providing the payment facility only to facilitate completion of transactions between Users, Users and Mentors or any other third-party service provider.

4.4. You agree that you will not offer direct payments to Mentors using payment systems outside of the anArtizen platform.

5.  SERVICE RE-SCHEDULING, CANCELLATIONS AND REFUND

5.1. A user may seek the rescheduling of a confirmed session with a Mentor only by intimating anArtizen through email at least 48 hours prior to the start of the scheduled session.

5.2. The user will be intimated about the next available slots based on the availability of the Mentor. You acknowledge and agree that a scheduled session can be rescheduled only once. If the user fails to attend the rescheduled session, the session will be considered as attended by the user and any such fee paid by the User for the session will be non-refundable. In such an event, neither the Mentor nor anArtizen will be liable for any refund or claim arising out it.

5.3. A user may cancel a scheduled session with a Mentor only by intimating anArtizen through email at least 48 hours prior to the time of the scheduled session.

5.4 You acknowledge and agree that any rescheduling or cancellation done less than 48 hours prior to the time of the scheduled session will not be permitted, any fee paid towards the session will be non-refundable and anArtizen will not be held liable for any refund or claim arising out of it.

5.5 You acknowledge and agree that if in case a scheduled session does not take place without any cancellation or rescheduling, the User should inform anArtizen within 24 hours of the time of the scheduled session. Only after such intimation, the User may seek rescheduling of the session or a refund. anArtizen will process the refund within 15 working days.

6.  DISPUTE

6.1. In a scenario where a disagreement happens between the Users and/or Users and Mentors, we encourage our users and mentors to try and resolve amongst themselves.

6.2 In case such a disagreement remains, the User and/or Mentor can provide anArtizen feedback through email and anArtizen agrees to keep the feedback confidential. You agree and acknowledge that anArtizen will not be held accountable or liable for any such disagreement and it will be strictly between the Users and/or Mentors.

7.  PROHIBITED PLATFORM USE

7.1. anArtizen does not allow any exchange of adult oriented or pornographic materials and services.

7.2. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited.

7.3. Any communication on the Online Platform inter-se Users should be friendly, constructive, and professional. anArtizen condemns bullying and harassment.

8.  THIRDY-PARTY CONTENT

8.1. The Online Platform may contain links to third-party Web sites and some content may be provided by Third Party. anArtizen does not endorse and has no responsibility for the availability or content of these third-party Web sites. anArtizen shall have no liability or responsibility, directly or indirectly, for any damage or loss caused or alleged to be caused by the use or reliance on any content, goods or services available on or through such site.

9.  INTELLECTUAL PROPERTY RIGHTS

9.1. The anArtizen brand, name, logo and stylized representations are owned by anArtizen which are subject to copyright, trademarks and other intellectual property rights under the laws of India. Third-party content on the Online Platform is either licenced to anArtizen or posted by the User. Wherever content is posted by a User, You agree to ensure compliance with the copyright, trademark and other provisions of law. anArtizen will not bear any responsibility for third-party content that is posted on the platform by a User. Unless otherwise specified, all content, including text, images, representations, etc. on the Online Platform are owned by anArtizen and are subject to copyright and other intellectual property rights under the laws of India.

9.2. The Online Platform shall not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.

9.3. anArtizen prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Online Platform, please inform anArtizen in writing along with the necessary documents showing ownership details.

10.  REPRESENTATION AND WARRANTIES

10.1. You acknowledge and agree that your use of the Online Platform, its content and any services obtained through the websites is at your own risk. The Online Platform, its content and any services obtained through the websites are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither anArtizen nor any person associated with anArtizen makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the contents of the Online Platform.

10.2. You further agree that anArtizen does not make any representation or warranty as to the quality of service proposed or provided on the Online Platform and anArtizen does not explicitly or implicitly support or endorse the purchase of any service on the Online Platform.

11.  LIMITED LIABILITY

11.1. You agree that in no event will anArtizen, its affiliates or their licensors, service providers, employees, agents, officers or directors be held liable for damages of any kind, under any law, arising out of or in connection with your use, or inability to use, the Online Platform, any websites linked to it, any content on the Online Platform or such other websites or any services obtained through the Online Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by breach of contract or otherwise, even if foreseeable.

12.  INDEMNIFICATION

12.1. You agree to indemnify anArtizen, its employees, directors, agents and representatives and hold them harmless from any and all third party claims and all liabilities, losses, costs and damages that we suffer, which result from or arise out of your breach of the Terms of Use or any applicable law of India.

13.  GOVERNING LAW & JURISDICTION

13.1. The Terms of Use shall be governed, interpreted and construed in accordance with the laws of India.

13.2. The place of jurisdiction shall exclusively be courts at New Delhi to the ouster of any other court or forum.