Artium Academy Private Limited (“Company” or “Artium” or “We” or “Us” and their connotations) operates a website and a mobile application (www.artiumacademy.com)( “together referred to as Platform”) which is engaged in the service of providing training and coaching imparted by teachers and/or instructors and/or trainers and/or coaches (“collectively referred to as “Teacher(s)”) in creative learning fields such as, without limitation, music, dance, painting, sculpting and to facilitate the sale, purchase, distribution, etc., of products and/or services related to and resulting from creative skills and art like, inter alia, handicraft, pottery, candles, ornaments (“Services”).
1. Terms of Service
By choosing to visit and/or avail any Services provided by Company, you agree to these Terms (as may be amended from time to time). Please read the following information carefully. If you are a parent or guardian and you provide your consent to your Child's use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.
2. Description of Services
The Platform provides the information of the Teachers available, as listed by the Teachers on the Platform, who provide the training and tutoring services which end users would like to avail. We will provide you with the list of Teachers providing such training or tutoring services. You understand that the details listed on the Platform are provided by the Teachers and We are not responsible for any misrepresentation or quality of the services guaranteed by the respective Teachers.
The Platform is open for all Teachers to register themselves and provide the details regarding their expertise in a particular field after We have determined that whether a Teacher has a fair degree of competence, as represented by him/her and whether he/she is compatible and aligned with the requirements of the Platform. We reserve the right to not register any Teacher at our own discretion for any reason whatsoever. Before registering the Teachers, We shall exercise reasonable caution and prudence to evaluate the competence of the Teachers, however We shall not be responsible for any damage or deficiency of service due to or by any Teacher in the event he/she has misrepresented or inflated any facts about his/her credentials, competence, talent etc. Teachers shall also provide the updates regarding their achievements, new schedules, tips for learning etc. and the same will be added to your feed. However, for accessing the Services, the Users and the Teacher may have to create an account and disclose information including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) email address of Child’s parent or guardian to acquire the parental consent.
Use of the Platform requires certain support system which should be available with the Users including but not limited to, connectivity should be greater than or equal to 30 MBPS i.e, download & upload speed, system processor with 2Gb free random-access memory, noise and echo cancellation headsets and speakerphones, full frequency (20 hertz to 20 kilo hertz) earphones (around the ear headphones).
In case the User has accessed the Platform via a mobile phone, then it has to be a smartphone with at least 1Gb free random-access memory inclusive of all the other system requirements as mentioned above. We do not undertake that the Platform will function smoothly at all times using any particular hardware or connection.
3. License to Use
The Company hereby grants the Teachers the limited right to access, view and use the Platform for the purposes of accessing, viewing, and posting. Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform.
Further, the Company grants the Users, the limited right to access, view and use the Platform only for the purposes of accessing and viewing. Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by the Users. Any rights not expressly granted to You herein are reserved to Company.
4. Intellectual Property Rights
The Company retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Platform (including but not limited to the curriculum taught, all texts, graphics, photos, illustrations, apps and logos). You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of the Company.
The Teacher may establish a link to one or more site(s) provided that:
The Company may withdraw the Teacher’s right to link to any site without notice and at any time (acting in our sole discretion).
Where any site and/or application contain links to other websites, web pages, resources, or mobile services which are proprietary to third-parties, other users, advertisers or sponsors, such websites, web pages, resources and mobile services are provided for your information only and You access them at your own risk. The Company will not be held liable or responsible for the content or operation of third-party websites, web pages, resources or mobile services.
6. User Content
The Company offers the Teachers the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. The Company reserves the right to remove any content at its discretion. The Company may record/archive such User generated content and may record the lessons imparted by the Teachers for, inter alia, internal quality monitoring and reference purposes.
User may choose to write and post reviews on the Platform. We do not encourage the User to post any Personal Information on the Platform and the ill effects of such revelation shall be borne by the Users. However, You can request the Company via e-mails to delete any such information posted by you. For the purpose of verification, the Company will review and scrutinize such emails before responding.
The Teacher warrants and represents that its content, and the content of any website from which the Teacher includes a link to any site, or to which the Teacher posts a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:
The Company will not be held responsible or liable for any of the User content provided by the Teacher on the Company website or any social media account related to the Company. The User must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of any website.
All rights, ownership and intellectual property in the content created by the Teacher (“User Content”) on or by using the Platform shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the User Content to the Company for a worldwide, exclusive, royalty-free and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display any/all such ‘User Content’.
If a Teacher is unable to provide a lesson or conduct any session due to any end user/student’s (i) inadequate hardware or bandwidth or (ii) inappropriate conduct, the Company generally will not provide a refund to the end user/student for that lesson or session. And if any end user/student feels that a Teacher’s conduct renders the lesson or session impossible, the end user/student should inform the Company about the same. All such situations, and any discussions concerning refunds stemming therefrom, will be handled on a case-by-case basis at the sole discretion of the Company. The prevention of sexual harassment policy of the Company formulated pursuant to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 shall be applicable on all the Users.
7. Attendance and Rescheduling
The Students can reserve time slots of any Teacher for a time upto the following 4 (four) weeks only. The Student may cancel or reschedule such reservation only uptil 25 (twenty-five) hours before the time for which reservation was done, 2 (Two) such cancellations per calendar month shall be allowed beyond which any class cancelled or reschedules shall be deemed to have been duly attended by the Student and relevant fee shall be charged for the same.
In the event the reservation for class done by the Student is cancelled due to the Teacher’s unavailability, the Teacher shall be allowed to reschedule the lesson before 24 hours of such lesson/session. The Teacher shall ensure to reschedule the same at a mutually decided time and such cancellation/rescheduling shall be communicated to the Student by the Company’s support team. If the Teacher fails to cancel and reschedule the lesson 24 hours beforehand to the class, the Teacher shall not receive the appropriate payment for that class and the Student shall not be charged for such inappropriately cancelled class. If the student does not attend the appropriately rescheduled class (i.e., cancellation/rescheduling 24 hours beforehand) for any reason whatsoever, it shall be deemed to be duly attended by the Student and relevant fee shall be charged for the same. Teachers who repeatedly cancel lessons or sessions without appropriate notice may have their Platform access limited/no longer be allowed to act as a Teacher, or may be denied access to the Platform.
The User shall have to appear for the class on time and not later than 15 minutes post the scheduled time. In the event, the Student appears for any duly reserved class after the expiry of 15 minutes from the scheduled time of the class, then the Company shall at its discretion charge the Student for such class accordingly and/or refuse any request for refund. In the event, the Teacher appears for any duly reserved class after the expiry of 15 minutes from the scheduled time of the class, then the Company at its discretion shall withhold the payment of such class. For the sake of clarity, in the event either the Student or Teacher shall be liable to wait only up to a period of 15 minutes from the start of the scheduled class.
The maximum number of classes that the Student can attend in a week is 3 (three).
8. Fee and Refund
The Company shall provide for online fee payment mechanism via third party payment portals and processors. All fees shall be paid in advance as per the availability of plans from time to time and the Student shall be disallowed from attending any class unless an advance fee has been paid for the same. Any fee(s) paid shall be non-transferable in nature and any other person shall not avail the classes on behalf of or in the place of the Student.
Subject to the terms of this clause 8, t he Company shall on demand, refund the advance fees of classes that the Student has not attended (subject to applicable taxes) after adjusting such fees for the classes that the Student has already attended. The Student shall be eligible to apply for refund only during the Ideal Course Period subject to the quantum of class and pack of sessions elected and enrolled for by the Student. The ideal period for utilising the course purchased by the Student shall be considered as 1 class per week for the number of classes mentioned in the pack of sessions elected by the Student (“Ideal Period”). However, the Student may delay the utilisation of the class beyond the Ideal Period but shall not be allowed to utilise such classes beyond the Ideal Course Period. The option to apply for refund shall lapse upon the expiry of the Ideal Course Period. The refund shall be processed and credited back to the student, subject to any errors or delays that may occur in banking channels which is beyond the scope of the Company. If the Student has any complaint or wants to report any instance, they may contact the customer experience team or write to us on the email id provided in Clause 20, within 30 (thirty) days of any such instance.
For the purpose of this clause 8, “Ideal Course Period” shall mean every four (4) sessions conducted in a manner to be utilised by Student over a period of thirty (30) days from the date of purchase.
Promo Codes. If the Platform issues promotion codes that allow discounted and/or free access to one or more classes (each, a "Promo Code"), such Promo Codes (a) may be revoked at any time by Us with or without notice to the Student, and (b) may be deemed to apply only to a specific Teacher at Our election with or without notice to the Student.
9. User Communication
You hereby explicitly consent to receiving communication from the Company by email, telephone, WhatsApp or text message for the purposes of providing alerts and information about our services.
10. Rule of Conduct
Users must comply with the laws that apply to You in the location that You access the Company’s Services from. If any laws applicable to You restrict or prohibit You from using the Services of the Company, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of the Company. You promise that all the information You provide to the Company on accessing and/or using the Services of the Company is and shall remain true, accurate and complete at all times
Notwithstanding any other provision of these Terms, You agree and undertake not to:
The Platform may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Platform, whether for the purpose of securing an unfair advantage over other users or otherwise, and You expressly consent to Company’s monitoring your computer's random access memory for the purpose of identifying said unauthorized third-party programs. The Student shall not capture pictures of the Teacher during an ongoing class without the Teacher’s explicit consent. The Student hereby undertakes that he/she has read all applicable policies on the Company and has attended all the demo sessions before enrolling for any course.
11. Limited Liability
You are held personally liable for any violation of a third party's rights by You. You agree to reimburse the Company for all damages resulting from the culpable non-observance of the obligations of these Terms. Users release the Company from all eligible claims that other Users or third parties may file against the Company due to a violation of their rights by content posted by the User or due to a violation of other obligations. You shall assume the costs of the Company’s legal defense including all court and legal fees. This condition does not apply if the Users are not responsible for the infringement.
The Company does not guarantee or warrant accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information given by the Teacher on the Platform.
You agree and understand that Company does not state or claim any warranty for the quality of services delivered by the Teachers listed on our Platform and that the Company has trained the Teachers on a best effort basis. At any instance of interactive classes, if any Teacher uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images, then in such cases, please immediately inform the Company at the contact provided below in Clause 20. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance. The Users shall maintain the sanctity of an educational and recreative environment and shall not indulge in the use of abusive language/signs or make any statements that shall be derogatory.
Company will not be held responsible for any unethical, illegal acts performed by the User on the advice of the Teacher and it shall be your responsibility to closely monitor the activities of your Child while taking the lectures. The Student and the Teacher shall refrain from divulging personal information about each other and the students shall connect with the Teachers only by the medium of the Company’s customer experience team’s support.
In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform.
The Company facilitates educational and informational on an "as is" basis and is liable only to provide its services with reasonable skill and care.
Any third party websites and online services accessible by the Users through a hyperlink provided on the Platform (“External Sites”) have not been verified or reviewed by Company and all use and access of External Sites is made at your own risk. The Company gives no other warranty in connection with the Service and to the maximum extent permitted by law, Company excludes liability for:
The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of the Company including internet outages, communications outages, fire, flood, war or any act of God. It is your responsibility to ensure that you regularly save and back up all data which you hold on the system from which you are accessing the Platform and the Services and the Company shall not be liable for any loss of such data.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of the Platform You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Platform into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.
12. Third- Party Permission
The Company has subscribed to various third-party service providers and You agree and acknowledge that, while accepting these Terms, You explicitly grant permission to these service providers to use your information and make cold calls in furtherance of our Services on the Platform, even when your mobile phone is on ‘Do Not Disturb’ mode. In the event of any dispute between the third-party and You, the Company shall not be held liable in any manner whatsoever.
13. Amendments to Terms
The Company retains the right to modify these Terms: (a) in the event of any amendments made due to legal changes (statutory and judicial), (b) because of technical necessity, (c) to protect the interests of the Company, (e) in the event of a change in market conditions, (f) for the benefit of the User.
No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. The Users will be informed of any amendments to the general Terms via the Platform or via notice by email or in writing.
Without limiting any other rights that the Company may have, the Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if the Company considers (in the sole discretion of Company) that You have breached any of these Terms.
You may also terminate your agreement with the Company by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination
You agree to indemnify and hold us, Our contractors, and Our licensors, and respective directors, officers, employees and agents harmless from and against any all claims and expenses, including attorneys’ fees, arising out of your use of the Services and/or the Platform, including but not limited to the violation of these Terms by the You.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
Any rights and licenses granted hereunder shall not be transferred or assigned by You but, may be assigned by the Company. Any attempted transfer or assignment in violation hereof shall be considered as null and void.
No waiver of any terms of these Terms shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Government Laws and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising hereunder shall be referred to arbitration by a sole arbitrator, in accordance with the Arbitration and Conciliation Act, 1996. Subject to the foregoing, these Terms shall be subjected to the exclusive jurisdiction of the competent courts of Mumbai, India.
If you have any questions or grievances regarding these Terms, please contact us by email or postal mail on the following address: