Terms of use | The Art House

Term of Use

Welcome to MG Beyond

Last Modified: 22 March 2023

Thanks for using our products and services (“Services”) on www.thearthouse.in (“Site”). The Services are provided by MG Beyond (“MG Beyond”), located at C-2805, Dosti West County, Balkum, Thane west, Mumbai 400608.

By using our Services, you are agreeing to these terms. Please read them carefully.

By using the Site and any of the Services, you are deemed to accept and be bound by these Terms of Use (“TOU”), INCLUDING A MANDATORY ARBITRATION OF DISPUTES CLAUSE AND CLASS ACTION WAIVER CONTAINED IN SECTION 16 BELOW.

If you do not accept these TOU, please discontinue using the Site and Services. Your use of the Site or a Service included within the Site may also be subject to additional terms that govern particular services, offers, or features, such as community or chat areas or special promotions or contests (the “Additional Terms”). In the event that any of the provisions in these TOU conflict with Additional Terms provided with any particular Service, then these TOU shall control. These TOU apply regardless of the device used to access the Site and/or Services (e.g., personal computer, a mobile device or any other technology or software known today or developed in the future).

MG Beyond reserves the right to post changes to the TOU on this Site at any time, and by your continuing to use the Site thereafter, you agree to be bound by the new version of the TOU. If any TOU changes are not acceptable, you must stop your use of this Site.

1. SITES AND SERVICES.

We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and MG Beyond shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by MG Beyond to meet the needs of its users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any part or all of the Site, without notice. To access some of the content or features of the Site or its Services, users may need to enhance or update the hardware or software in their computer systems. MG Beyond assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the user's system, the Internet network or any other cause.

2. MINORS.

You hereby represent and warrant that you are at least 18 years of age.

3. PRIVACY.

By using the Site and Services, you agree to also be bound to the MG Beyond Privacy Policy.

4. USE SITE AT OWN RISK.

This Site and Services include links to other websites or resources. Because MG Beyond has no control over such sites and resources, you acknowledge and agree that MG Beyond is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which MG Beyond has no control and which will govern your rights and obligations with respect to the use of those websites.

To offer use of the Site and Services to its users for free, MG Beyond may allow advertisers to display advertisements or promotional answers on the Site. Your dealings with advertisers and third party vendors found on or through the Services and/or on the Site, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. MG Beyond does not make any representations or warranties with respect to any goods, services or websites that appear in advertisements or promotional answers, and you agree that MG Beyond will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/or third party vendors. You understand that there is an inherent risk in submitting content to the Site and/or Services, and that any communications may be subject to interception by a third party.

You acknowledge that expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider of the Site.

5. LICENSE TO USE CONTENT.

All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of MG Beyond , or respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of MG Beyond or the appropriate affiliate. You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to the Site, Services, or any content accessible through the Site or Services. Any rights not expressly granted in these TOU are reserved by MG Beyond.

In your use of the Site and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.

6. PROHIBITED CONDUCT

The following activities are strictly prohibited:

Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
Modify the Site or Services in any manner or form , or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services; Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without the prior written permission of MG Beyond ;
Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
Access the Site or Services by any means other than through the interface that is provided by MG Beyond ;
Violate the restrictions in any robot exclusion headers on the Site or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site or Services;
Collect or store personal data about other users of the Site or Services;
Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally;
Using any software which sends queries to determine how a website or webpage “ranks” for various queries;
Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”);Postings for any unlawful or fraudulent purpose (including links);Posting of personal information (for yourself or anyone else); Phishing; Posting materials containing viruses or other malicious or destructive code;
Posting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
Harming or threatening to harm anyone in any way;
“Stalking” or otherwise harassing any other person or entity;
Impersonating any person or entity (including an MG Beyond agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with any person or entity;
Disseminating or transmitting any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site; and/or
Posting any content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission;
Engaging in "screen scraping," "database scraping,"; or
Facilitating violations of these TOU or the Privacy Policy.
MG Beyond reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of these practices or otherwise violated these TOU. Such action may include, without limitation, terminating your license to access the Site or use the Services or initiating civil or criminal legal proceedings.

7. COMMUNICATIONS

When you visit our Site or send us email, our responses to your communications may be by e-mail. MG Beyond has the right to disclose any email sent by a user, or any objectionable material, to comply with legal process or to protect the rights or property of MG Beyond , its customers, suppliers, third parties, and users.

8. MODIFICATIONS TO THE SERVICES.

MG Beyond reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that MG Beyond will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.

9. TERMINATION OF YOUR USE OF SERVICES.

We may terminate your use of the Site and/or Services or account and deny you access to the any additional services in our sole discretion due to: (i) your violation of these TOU; or (ii) if we consider, in our sole discretion, that your use of the Site or Services does not meet our standards or violates our guidelines. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that MG Beyond may immediately deactivate or delete your access and all related information and/or bar any further access by you of the Site or Services. If you use the Site or Services in violation of these TOU, MG Beyond may, in its sole discretion, retain all data collected from your use of the Site or Services. Further, you agree that MG Beyond shall not be liable to you or any third party for the discontinuation or termination of your access to the Site or Services.

10. DISCLAIMER OF WARRANTIES.

THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. MG Beyond IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MG Beyond EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR MG Beyond's PARTICULAR PURPOSE AND NON- INFRINGEMENT WITH RESPECT TO THE USE OF THIS SITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE. MG Beyond MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL.

For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.

11. LIMITATION OF LIABILITY.

YOU UNDERSTAND AND AGREE THAT MG Beyond, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:

THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES,
THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA,
THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE,
RELIANCE ON CONTENT OR POSTINGS ON THE SITE, INCLUDING WITHOUT LIMITATION IN ANY COMMUNITY, OR
ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT MG Beyond HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. EXCLUSION OF LIMITATIONS AND DISCLAIMERS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS MG Beyond LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. INDEMNIFICATION.

You agree to indemnify and hold MG Beyond , its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) any content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these TOU or the Community Guidelines, or (e) your violation of any rights of another party.

14. COPYRIGHT OWNERSHIP AND TRADEMARK PROTECTION.

We own all right, title and interest in and to the Site, the products and Services offered on the Site as well as our logos, tradenames, and trademarks (“MG Beyond IP”). The MG Beyond IP is protected under the Controller General of Patents, Designs and Trademarks, India and international intellectual property laws (including, without limitation, copyright and trademark). Except as otherwise allowed under these TOU, you agree not to copy, display, or use the MG Beyond IP in any manner without MG Beyond's prior written permission. To seek permission to use any of the MG Beyond IP, please contact MG Beyond at info.artofhouse@gmail.com or in writing at the following address: C-2805, Dosti West County, Balkum, Thane west, INDIA 400 608.

15. NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT.

MG Beyond respects the intellectual property rights of others and requires those that visit the Site and use the Services to do the same. MG Beyond may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or Services that infringes upon the copyright rights of others. MG Beyond also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our Services repeatedly infringe on others’ copyrights, MG Beyond may in its sole discretion terminate those individuals’ rights to use the Site and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy.

If you believe that your work has been used on MG Beyond's Site or in connection with its Service in any manner that constitutes copyright infringement, please notify MG Beyond's copyright agent by written notice. The notice should include the following information:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on the Site or Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
The contact information for notice of claims of copyright infringement on the Site and/or in connection with the Services is: info.artofhouse@gmail.com

16. BINDING ARBITRATION AND CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. General. Except as otherwise provided in this section, by using the Site and Services, you and MG Beyond agree to submit any disputes arising from the use of the Site or Services or any interpretation, violation, non-performance, termination or invalidity of these TOU or this arbitration provision (including questions of its formation and enforceability) to final and binding arbitration under the Arbitration and Conciliation Act, by one or more arbitrators appointed in accordance with those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of Maharashtra, as set forth in the section entitled “General” below. You agree to submit to binding arbitration in Mumbai, India.

MG Beyond will not consider any requests to advance or reimburse any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a claim in arbitration. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Class Action Waiver. Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor MG Beyond will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.

NO RIGHT TO JURY TRIAL FOR ARBITRAL CLAIM.YOU HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION 16 IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, MG Beyond , OR MG Beyond INDEMNIFIED PARTIES, BOTH YOU AND MG Beyond STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.

Exception. Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement does not preclude claims by MG Beyond to enforce its intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in San Francisco, for provisional remedies, including temporary restraining orders, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized in this section.

17. REPLACEMENT, RESCHEDULE, and REFUND POLICY.

Replacement or transfer of registration to another individual can be considered only if a written request along with the new person's details is received 3 days prior to the program. There are no service charges for replacement requests. To consider the request is at the sole discretion of MG Beyond.

For any unforeseen reason, if a delegate wishes to reschedule a paid registration to a future date, a rescheduling fee of 10% of the amount will be charged. MG Beyond, at its sole discretion may waive off the fee, if the rescheduling request is received in writing at least 7 or more days prior.

Rescheduling is subject to the availability of seats and other resources like faculty, licenses etc.

Request for rescheduling or replacement for a second time for the same registration will incur a service charge of 20%. Cancellation of such registration will be eligible for 50% of the discount if the request is before 20 working days of the program.

In case MG Beyond reschedules a program or event, the options available to the participating delegates are:

100% refund, if the rescheduled dates do not fit into the delegate's schedule or if there is no possibility of replacement or transfer.
Choice of participating in future at any other convenient location or date of scheduled next program. The amount paid is not refunded to the participant.
Sending a replacement for the rescheduled along with the details required. Amount is not refunded.

In case MG Beyond cancels a program, a refund of 100% will be provided to delegates within 20 working days of the date of cancellation.Refund of the duplicate payment made by the delegate will be processed via the same source (original method of payment) in 10 working days post intimation by the customer.

18. GENERAL.

These TOU, and any applicable TOS, constitute the entire agreement between each user and MG Beyond governing the user's access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The TOU is governed by the laws of the Republic of India without giving effect to its conflicts of laws principles. Each user hereby agrees to the jurisdiction of the courts of Mumbai, India. The failure by MG Beyond to exercise any right or to enforce any provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the TOU will remain in full force and effect. You agree that, except for MG Beyond and as otherwise expressly provided in these TOU, there shall be no third party beneficiaries to this agreement. The section titles in this TOU are for convenience only and have no legal or contractual effect. It is the express will of MG Beyond and each user that the TOU and any applicable TOS have been prepared in English.

19. CONTACT INFORMATION.

If you have any questions or concerns with respect to these TOU or Site and Services, please send a message to our team at info.artofhouse@gmail.com or reach out to us at the contact numbers published on the Site.