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OPEN CANVAS LEARNING   TERMS OF SERVICE (USER)

Effective date: February 20th, 2023

Welcome to OPEN CANVAS LEARNING!

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.

BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, THE TEACHER, PARENT/S OF THE STUDENT, STUDENT OR PROSPECTIVE STUDENT TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

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The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Open Canvas Learning Private Limited, also known as “OCL”, registered office located at, B 104, Park View City 1, Sohna Road, Sector 48, Gurugram 122018 and our subsidiaries and affiliates, in association with the use of the website, www.artia.live  (the "Site") and its Services, which shall be defined below.

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Using www.artia.live in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use www.artia.live. If you don’t agree to all of the following, you may not use or access www.artia.live in any manner. 

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You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use www.artia.live and that your parent or guardian agrees to these Terms on your behalf).

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).

Creating an Account on the Open Canvas Learning Site

 

The Site is a professional services website which has the following description:

To offer professional knowledge sharing and art and craft courses to users, learners and art and craft enthusiasts, to include, but not be limited to, a platform of service providers, participants, students and professionals in the art and craft field for the purpose of Knowledge Sharing, learning and for the adoption of art and craft collaboration.

 

Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Parents of students, students and prospective students shall choose the User side Login and shall have access accordingly. Teachers shall use the Teacher side Login and shall have access accordingly.

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The user acknowledges and agrees that the Services provided and made available through our website may include in the near future some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of OCL. At its discretion, OCL may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. OCL does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept, and agree that OCL shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

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Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such OCL shall not assume any responsibility or obligation for the timelines, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

 

You may be required to log in to register your own profile page and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself. The information you will provide shall include but not be limited to i. Name (Parent); ii. Phone Number; iii. Email id; iv. Child’s name; v. Child’s age; vi. Address.

 

You agree that you will only use www.artia.live for your own child’s/children’s personal or organizational use, and not on behalf of or for the benefit of any third party. You may not transfer your account to anyone else without our prior written permission.

 

You may not select as your www.artia.live account name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. OCL reserves the right to refuse registration of or cancel a www.artia.live account name at its discretion. 

 

Navigating on www.artia.live

 

You may choose to simply browse through the website, the curriculum or the available courses, or register at the very outset. Remember that your access to the services becomes available only on registering. After successfully registering, you, the user, may choose to book a free trial class or directly subscribe a course.

 

If you choose to subscribe to a course, you will need to select the course you would like to subscribe to and provide further details like the days of week and time of day when you want you/your child to take classes. You will have finished signing up to a course on the completion of the payment for the chosen course. Remember, approval of your request for signing up to a course is based on your/your child’s age, eligibility and availability of that particular course and the process is completed on completion of the relevant payment.

 

You shall receive a GST bill (based on the applicability) for the services provided and may choose to make the payments through UPI, Debit, Credit cards or Net banking from within the user account on OCL, in advance or any time before the start of service in the www.artia.live account. You, the User, have the choice to pay the whole amount upfront or opt for an EMI option.

 

The courses and programs are the sole proprietary of Open Canvas Learning, and none of them may be copied, shared or placed on other sites or platforms. The users, learners and faculty are not permitted to share anything regarding contents of the courses and programs outside the Site.

 

As a Teacher, you may mark the attendance on the website. As a User, you can request the Company to post reviews, comments and so on, on the website. The Company too, may, request your permission to share posts on the website. Remember the Company reserves the right to decide what may be posted on the website. Anything posted, uploaded, shared, stored, or otherwise provided through www.artia.live is referred to as a “Post” in these Terms. There are a few rules that apply to all Posts.

 

Limited License to Us: You hereby grant OCL a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within www.artia.live. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so.

 

If you request a Post to be shared or grant permission to the Company to share a post with other users on www.artia.live, then you grant us the license as mentioned in the paragraph above, as well as a license to display, use at the Company’s discretion, and distribute your Post. Also, you grant all other users of www.artia.live a license to access the Post, and to use and exercise all rights in it, as permitted by the functionality of www.artia.live. We reserve the right to remove any content from www.artia.live at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.

Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in Posts is not affected.

 

Intellectual Property and Reporting Infringement

We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on www.artia.live.

You understand that we own www.artia.live. These Terms don’t grant you any right, title or interest in OCL, or www.artia.live, or our trademarks, logos, and other intellectual property. 

 

Acceptable Use Policy

You are responsible for all your activity in connection with www.artia.live! Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Make sure that you use www.artia.live in a manner that complies with the law. If your use of www.artia.live is prohibited by applicable laws, then you aren’t authorized to use www.artia.live. We can’t and won’t be responsible for you using www.artia.live in a way that breaks the law.

You also agree that you will not contribute any Post or otherwise use www.artia.live in a manner that:

  • Is fraudulent or threatening;

  • Jeopardizes the security of your www.artia.live account or anyone else’s (such as allowing someone else to log into www.artia.live as you, or sharing your account or password with someone);

  • Attempts, in any manner, to obtain the password, account, or other security information of any other user;

  • Violates the security of any computer network, or cracks any passwords or security encryption codes;

  • Runs any form of auto-responder or “spam” on www.artia.live, or any processes that run or are activated while you are not logged into www.artia.live, or that otherwise interferes with the proper working of www.artia.live (including placing an unreasonable load on www.artia.live infrastructure);

  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of www.artia.live (through use of manual or automated means);

  • Copies or stores any significant portion of the content on www.artia.live;

  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to www.artia.live.

  • Replicates, duplicates, copies, trades, sells, resells nor exploits for any commercial reason any part, use of, or access to www.artia.live sites.

 

Other Users and Third-Parties

Other Users on www.artia.live: Your interactions with organizations and individuals found on or through www.artia.live, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that www.artia.live shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can’t guarantee the identity of any Users with access to www.artia.live and we are not responsible for which Users gain access to our products and services.

Third-Party Content: www.artia.live may contain links or connections to third party websites or services that are not owned or controlled by us. OCL has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Posts posted to www.artia.live are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post.

In the event that you have a dispute with one or more other users of www.artia.live or with a third party, you release us, our officers, employees, agents, and successors 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 OCL.

 

Indemnity

All users herein agree to insure and hold OCL, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of   Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

 

Terminating Your Account

Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. OCL has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

OCL is free to terminate (or suspend access to) your use of www.artia.live or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of OCL.

OCL is free to terminate (or suspend access for the time period as per the discretion of the OCL) your use of www.artia.live, or your account, on detection of fraud or a single account being used to request services for multiple children.

If you wish to  delete your account, you may write to us at hello@artia.live with a request to delete your account along with the reason. OCL will delete your account after reviewing your request. When we delete your account, any Posts associated with that account will also be deleted. However, any Post that you have made public may remain available.

You understand and agree that it may not be possible to completely delete your content from www.artia.live records or backups, and that your Posts may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using www.artia.live. 

You agree that some of the obligations in these Terms will be in force even after your account is terminated. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.

Privacy on OCL

OCL takes your privacy very seriously. For the current OCL Privacy Policy, please click here.

Every registered User's registration data and various other personal information are strictly protected by the OCL’s Privacy Policy. As a registered User, you herein consent to the collection and use of the information provided, including the transfer of information within India and/or other countries for storage, processing or use by OCL and/or our subsidiaries and affiliates.

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Proprietary Rights

You do hereby acknowledge and agree that OCL's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by OCL or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on OCL Services (e.g. Content or Software), in whole or part.

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OCL herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of our Software on a single system, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by OCL for use in accessing our Services.

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You herein acknowledge, understand and agree that all of the OCL trademarks, copyright, trade name, service marks, and other OCL logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of OCL. You herein agree not to display and/or use in any manner the OCL logo or marks without obtaining OCL's prior written consent.

 

Changes to the Terms

We are constantly trying to improve our products and services, so these Terms may need to change along with OCL.  We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means. 

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use OCL.  If you use OCL in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes. 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

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No Warranties

www.artia.live is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty that the use of www.artia.live will be uninterrupted or error-free.

All users herein agree that OCL provides no warranties and shall accordingly be blameless or not liable for any claim or demand, pertaining to (i) artists mentioned whose work is used to demonstrate or inspire are the best examples of a particular technique/topic; (ii) the level of artistic skill a child will attain nor that images of paintings/art works depicted for courses will result in children achieving that level of skill by completing that course; or (iii) the comprehensiveness of a particular course.

All users agree and accept that OCL does not, through its courses or programs, promise nor guarantee results/achievements.

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Any information or material downloaded or otherwise obtained by way of OCL services or software shall be accessed at your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material

Products purchased or offered through OCL, and Services are provided without any warranty of any kind from OCL. 

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Disclaimers / Refund

When you subscribe for a course, you pay for the entire course at the time of signing up. If at any time during the course, you would like to discontinue the course, on intimation in writing, OCL will discontinue the user in our records and we will refund total amount paid, less amount equivalent to classes already taken by the User.

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Your refund on account of cancellation, if any, as per the company’s policies, will be paid back to you through the payment method through which payment shall made within 15 business days.

You must remember that under the following circumstances, you will not be eligible for a refund:

  1. If class is scheduled and user does not attend for any reason whatsoever.

  2. If class is scheduled and user is not able to properly see/hear due to connectivity issues at user end.

  3. If a class is cancelled by us for any reason whatsoever and is rescheduled on a later date.

  4. If a substitute Teacher takes a class.  

 

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall OCL, its licensors, or its suppliers be liable to you or to any other person for:

  1. Any indirect, special, incidental, or consequential damages of any kind, or

  2. Any amount, in the aggregate, in excess of the greater of INR 1,000 or

  3. The amounts paid and/or payable by you to us in connection with courses or programs signed up for preceding the applicable claim after deducting the payments for the services utilized.

 

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your www.artia.live account, in any way (by operation of law or otherwise) without our prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

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Choice of Law

These Terms are governed by and will be construed under applicable laws of India, without regard to the conflicts of law provisions thereof.

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Dispute Resolution and Arbitration

Any dispute arising from or relating to the subject matter of these Terms shall be resolved through following methods:

  1. An escalation that will be addressed by company representative.

  2. Executive escalation that will be addressed by a senior executive of the company.

  3. Consumer court at customer discretion within jurisdiction of Gurugram, Haryana.

Any dispute that remains unresolved through the above mechanism shall be finally settled by arbitration in Gurugram, Haryana, India, in accordance with the Indian Arbitration and Conciliation Act, 1996. For all purposes of these Terms, you consent to exclusive jurisdiction of the courts in Gurugram, Haryana, India.

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No Third-Party Beneficiaries

As a user, you agree there are no third-party beneficiaries intended under these Terms.

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No Joint Venture

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of OCL Pvt. Ltd., and you do not have any authority of any kind to bind us in any respect whatsoever. 

Waiver

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  

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Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  

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Entire Agreement

You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

Violations

Please report any and all violations of this TOS to OCL as follows:

 Mailing Address:

B 104, Park View City 1, Sohna Road, Sector 48, Gurugram 122018

Telephone:

 +919667785139

Email: hello@artia.live.  

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