Terms and Conditions
Art Indulge Foundation is a Social Enterprise, Non Profit Company, registered under Section 25 of the Companies Act, 1956. Mumbai, India. Address- Nirvana, Mohar Enclave, Lam Road, Deolali Cantonment – 422401, Nasik, MS, India.
MEMBERSHIPS: 1-are open to global citizens who wish to be a part of Art Indulge foundation concepts and activities related to visual art. 2-Applications will be screened before selection. 3-Decision of the foundation board will be considered final for selection of all applications. 4-Terms and conditions are subject to change, modifications, and alterations as per amendments of policies of the foundation from time to time.
REGISTRATION FEES: 5- The membership fees are non refundable. 6- Memberships are valid for 1 year from the month of registration. 7- Members will be entitled for membership privileges only after fulfilment of requirements of the membership category as stated on website. 8- The foundation reserves the right to deny registration or membership on confidential grounds.
GENERAL: 9- communication will be in writing by email to the foundation for official records. 10- Correspondence to: contact @artindulge.org 11- Personalized emails to individual directors as on website.
WEBSITE CONTENTS: 12- information contained in these web pages is trademarked. 13- Art Indulge Foundation. www.artindulge.org, holds copyright to contents.
14- Art Indulge foundation holds copyrights of the images on the website. 15-All rights reserved by www.artindulge.org
PAINTINGS / ART WORKS FOR EXHIBITION/SALE: 16- Paintings will only be exhibited after prior selection, approval and completion of Formalities as per foundation policy.17- Painting accompanied with Certificate of Authenticity will only be sold by the foundation.
18- The price quoted by foundation panel will be deemed final. 19- The foundation reserves the right to negotiate price for actual sales. 20- The foundation reserves the right to keep confidential the price, name of buyer on his Request. 21- Paintings before and after the exhibition should be taken back by owners and artists unless otherwise another agreement is signed between them. 22- Artists will be notified the sale status of their art works on email. 23-Art works will be kept with the foundation for 7 days after notification of receipt and after this period they will be stored in the foundation art store but for which the art indulge foundation will hold no responsibility of damage, loss or deterioration of condition to the original painting. 24- It is the sole responsibility of the artist/owner to claim his painting on being notified. 25- The foundation will not hold any responsibility for unclaimed art works what so ever. 26- The foundation will only take responsibility of the art works in their lawful, formal and documented custody. 27- The foundation shall keep 30 % amount on actual sale price of art work on realisation of payment.
SALE / PURCHASE OF ART WORKS: 28 - Full payment to be made before delivery.
29- Payment to be made only by demand draft or online banking in favour of Art Indulge foundation, Deolali. 30-Payment to be made in Indian Rupees or its equivalent amount in US Dollars or Euro as per bank norms. 31- All expenses of delivery, courier, freight, shipping, insurance, applicable taxes to be borne by the buyer/collector for the art work. 32- Payment receipt will be furnished in the name of the collector, as specified on the demand draft. 33- The art work will be delivered in the name and address mentioned on D.D. or specified on Receipt. 34- Art work priced above usd 500 approx. (INR 25,000.00) will be attached with a certificate of authenticity COA by art indulge foundation. 35- Art work priced below usd 500 approx. (INR 25,000.00) will be attached with a letter of authority by the foundation, certifying the name of artist, date of painting, dimension, Medium and signature of the said artist. 36- The letter will serve as formal document of sale, purchase, condition and details of the art work, with the original signature of the artist proving its lawful custody, possession and status at the time of transaction and also for the intention of future sale, if any, by the receipted collectors. 37- Printing, duplication, sale, commercial replication of the said art work will be permitted only on prior written permission sought by the collector and granted by the foundation and artist, on mutually agreed terms and conditions, as applicable to international intellectual copyright laws.
REFUND POLICY 38- Art purchased from Art Indulge foundation, shall be covered by a full refund of the purchase price (A) If the art is proven not to be authentic by a noted authority, estate, or foundation, or said artist. The foundation wishes to support and protect the rights of artists and promote original art works to global connoisseurs of art. (B) Returns Received (Same Condition & Packing Materials): 5 days after receipt of package - Full Refund
ART INDULGE FOUNDATION SERVICES/ CONCEPTS: 39- Foundation services and web sites “Services” in this document and excluding any services provided to you by the foundation under a separate written agreement are subject to the terms of a legal agreement between you and the foundation as and when such a need arises. 40- Unless otherwise agreed in writing with the foundation your agreement with the foundation will always include, at a minimum, the general terms and conditions set out on this website and in the contents here. 41- Your agreement with the foundation will also include the general terms of any Legal Notices applicable to the Services, in addition to the mentioned Terms. These will be accessible for you to read on the website or wherever provided otherwise. 42-The General Terms, together with the Additional Terms, form a legally binding agreement between the foundation and you and in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to as the “Terms”. 43. If there is any contradiction between what the Additional Terms say and what the General Terms say, then the Additional Terms shall take precedence in relation to that Service. Accepting the Terms 44-. In order to become a member and use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. 45-. You can accept the Terms by: Clicking to accept or agree to the Terms, where this option is made available to you by the foundation on its website in the user interface for any Service; Or By actually using the Services. In this case, you understand and agree that the foundation will treat your use of the Services as acceptance of the Terms from that point onwards. 46-. You may not become a member or use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with the foundation or (b) you are a person barred from receiving the Services under the laws of the home country, India, or other countries including the country in which you are resident or from which you become a member or use the Services.
Use of membership/Services by you 47-. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to the foundation will always be accurate, correct and up to date. 48-. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions of India and relevant countries. 49-. You agree not to access (or attempt to access) any of the membership /Services by any means other than through the interface that is provided by the foundation, unless you have been specifically allowed to do so in a separate agreement with Art Indulge foundation. 50-You specifically agree not to access (or attempt to access) any of the Services through any means except on the website or otherwise. 51-. You agree that you will not engage in any activity that interferes with or disrupts the Services.
52- Unless you have been specifically permitted to do so in a separate agreement with the foundation you agree that you will not reproduce, duplicate, copy, sell trade or resell the Services for any purpose. 53-. You agree that you are solely responsible for (and that the foundation has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which art indulge may suffer) of any such breach.
54-. Privacy and your personal information 55-. You agree to the use of your data in accordance with the foundation’s privacy policies. 56- Content in the Services. 57-You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. 58-All such information is referred to below as the “Content”. 59-. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to art indulge foundation (or by other persons or companies on their behalf). 60-You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by art indulge or by the owners of that Content, in a separate agreement. 61-. Art indulge reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. 62- You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. 63. You agree that you are solely responsible for (and that the foundation has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which art indulge may suffer) by doing so.
64- Proprietary rights.65- You acknowledge and agree that Art Indulge foundation (or art indulge foundation’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). 66-You further acknowledge that the Services may contain information which is designated confidential by the foundation and that you shall not disclose such information without art indulge foundation’s prior written consent. 67-. Unless you have agreed otherwise in writing with Art Indulge, nothing in the Terms gives you a right to use any of Art Indulge foundation’s concept/trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. 68-. If you have been given an explicit right to use any of these brand features in a separate written agreement with Art Indulge, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Art Indulge foundation’s brand feature use guidelines as updated from time to time. 69-. Other than the general terms mentioned on website the foundation acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). 70-Unless you have agreed otherwise in writing with the foundation, you agree that you are responsible for protecting and enforcing those rights and that Art Indulge has no obligation to do so on your behalf. 71. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. 72. Unless you have been expressly authorized to do so in writing by Art Indulge foundation, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
73-Membership Privilege from Art Indulge foundation 74-. Art Indulge foundation gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive membership privilege to use the provided facilities to you as part of the Services as provided to you by Art Indulge foundation. 75-This privilege is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Art Indulge foundation, in the manner permitted by the Terms.
76- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse, decompile or otherwise attempt to extract the source of the website or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the foundation, in writing. 77-. Unless Art Indulge foundation has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the membership, grant a security interest in or over your rights to use the privileges, or otherwise transfer any part of your rights to use the membership privileges.
78-Content license from you. 79-You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. 80-By submitting, posting or displaying the content you give Art Indulge foundation a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. 81-This license is for the sole purpose of enabling Art Indulge foundation to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services. 82-. You agree that this license includes a right for Art Indulge foundation to make such Content available to other companies, organizations or individuals with whom Art Indulge foundation has relationships for the provision of cooperation services, and to use such Content in connection with the provision of those services. 83. You understand that Art Indulge foundation, in performing the required technical steps to provide the Services to members, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. 84-You agree that this license shall permit Art Indulge foundation to take these actions. 85. You confirm and warrant to Art Indulge foundation that you have all the rights, power and authority necessary to grant the above license.
86-Ending your relationship with Art Indulge foundation. 87-The Terms will continue to apply until terminated by either you or Art Indulge foundation as set out below. 88-. If you want to terminate your legal agreement with Art Indulge, you may do so by (a) notifying Art Indulge at any time and (b) closing your accounts for all of the Services which you use, where Art Indulge has made this option available to you. 89-Your notice should be sent, in writing, to Art Indulge foundation address which is set out at the beginning of these Terms. 90-. Art Indulge foundation may at any time terminate its legal agreement with you if: (A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Art Indulge foundation is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) The partner with whom Art Indulge foundation offered the Services to you has terminated its relationship with Art Indulge foundation or ceased to offer the Services to you; or (D) Art Indulge foundation is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) The provision of the Services to you by Art Indulge foundation is, in Art Indulge foundation’s opinion, no longer commercially viable. 91-. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Art Indulge foundation have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.
92-Exclusion of warranties. 93-Nothing in these terms, shall exclude or limit Art Indulge foundation’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.94- Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms or incidental or consequential damages.
95-Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. 96-You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available”. 97-In particular, Art Indulge foundation, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (A) your use of the services will meet your requirements, (B) your use of the services will be uninterrupted, timely, secure, or
Free from error, (C) any information obtained by you as a result of your use of the services will be accurate or reliable, and (D) that defects in your operation or functionality of any services provided to you as part of the services will be corrected. 98-Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. 99-No advice or information whether oral or written, obtained by you from Art Indulge foundation or through or from the services shall create any warranty not expressly stated in the terms. 100- Art Indulge foundation further expressly disclaims all warranties and conditions of any kind, whether express or implied including, but not limited to the implied warranties and conditions of merchantability, fitness or a particular purpose and non- infringement. 101-Limitation of liability (A) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. 102-This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly) any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;(B) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (C)Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services (D)Any changes which Art Indulge foundation may make to the services or for any permanent or temporary cessation in the provision of the services or any features within the services, (E) the deletion of corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services (F)Your failure to provide Art Indulge foundation with accurate application information. (G) Your failure to keep your application details secure and confidential.
103-Copyright and trade mark policies. 104-. It is Art Indulge foundation’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in India,) and to terminating the accounts of repeat infringers. 105-Advertisements 106- Some of the Services are supported by advertising and may display advertisements and promotions. 107-These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
108-The manner, mode and extent of advertising by Art Indulge foundation on the Services are subject to change without specific notice to you. 109-Paintings will only be exhibited after prior selection, approval and completion of formalities as per foundation policy 110- Painting will only be sold with prior signature or Certificate of Authenticity given to foundation 111- The price of the foundation panel will be deemed final. 112- The foundation reserves the right to negotiate price for actual sales. 113- The foundation reserves the rights to refuse sale or exhibition of painting without explanation or notification for the welfare of the foundation and its policy of quality control and promotion 114- The foundation reserves the rights to disclose identity or price of buyer of painting as per the privacy policy of the buyer 115- Right of confidentiality will be honoured at all times for buyer, seller and painter if informed in writing to the foundation 116- No verbal communication about submission, permission to exhibit, price, and sale will be entertained by the foundation 117- Paintings once submitted for an art show will remain with the foundation until the last day of the show and will be open for sale unless directed in writing ‘NOT FOR SALE’ by the artist behind the painting at the time of submission 118- The foundation will not be responsible for art works taken away by the artist on his own after the art show or before its opening. 119- Last minute approvals and dismissals will not be entertained 120- Proxy submissions will not be allowed 121- No painting will be taken away or submitted without a letter of authority given by the artist himself. 122- The foundation will not hold responsibility of art works taken away without permission by the artist.123- Registration will be considered cancelled if full fees as per membership category are not received after 1 month of selection of application.