Terms of service

Please read the terms below carefully before using our website located at shop.map-india.org and shop.map-india.org, or other platforms and services that we offer (collectively, “Platform”). Our Platform is operated and owned by Museum of Art & Photography, a unit of the Art & Photography Foundation, a Trust incorporated and existing under the provisions of applicable laws of India and having its principal place of business at No. 26/1, Sua House, Kasturba Cross Road, Bangalore, Bengaluru (Bangalore) Urban, Karnataka - 560001 (“we” / “us” / “Museum Of Art & Photography”). By accessing or using our Platform the user (“you” / “User”, which term, where the context so requires or permits, shall include your legal heirs, successors and assigns) accepts these terms of use along with the documents referred to in it (collectively, “Terms”) and agrees to comply with them. Your continued use of the Platform will constitute acceptance of these Terms, as revised from time to time. If you do not agree to these Terms you must not access the Platform, or buy or avail any products or services from us.

Museum Of Art & Photography collaborates with various artists and museums, licensing their artworks to develop a variety of products. We believe it is essential for all Museum Of Art & Photography users to respect the copyright of such artworks. Consequently, please respect the copyright of all the works you see or buy on the Platform.

1. Terms are Subject to Change

We reserve the right to update or modify these Terms at any time without prior notice. Your access to, and use of the Platform following any such change constitutes your agreement to follow and be bound by these Terms as updated or modified. For this reason, we encourage you to review these Terms each time you access or use the Platform. These Terms govern all upgrades / updates of the Platform that replace and / or supplement the original version of the Platform.

2. Competency to Contract

• You represent and warrant that you are eligible to enter into a legally binding agreement and to be bound by these Terms. You will not access or use the Platform if you are not competent to contract under applicable law.

• If you are below the age of 18 (eighteen), you must access or use the Platform through, or with the verifiable consent of your legal guardian / parent. We do not verify the age of our Users and nor do we have any liability for such verification or lack thereof.

3. User Guidelines

• You will ensure that you comply with all prevailing and applicable laws, rules and regulations, and these Terms and our Privacy Policy while using the Platform and its features and Museum Of Art & Photography will not be liable in any manner whatsoever for any default committed by you in doing so. 

• You will not use the Platform in a manner that could damage, disable, overburden or impair our server or any network connected thereto, or interfere with any other person’s use and enjoyment of the Platform. You will not attempt to gain unauthorised access to any functions or features, user accounts, computing systems or networks connected to any Museum Of Art & Photography server in any manner including through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means which is intentionally not made available through the Platform.

• The Platform is made available to you for your own use, and you will not attempt to copy, reproduce, alter, modify, reverse engineer or create derivatives of the Platform or allow third parties to do so.

• You are responsible for any and all activities that occur in your account on the Platform, if any. You accept that any and all operations emanating from your device will be assumed to have been initiated by you. You agree to notify Museum Of Art & Photography immediately of any unauthorised use of your account or any other breach of security. MAP will not be liable for any loss to you or any third person owing to the negligent actions or failure on your part to inform MAP of any loss or theft of your device or any unauthorised access of your account within a reasonable time.

• You will be liable for losses incurred by Museum Of Art & Photography or any other party due to a third-party’s use of your account, if any. You will not use any other person’s account without the express permission of the account holder and MAP.

• Museum Of Art & Photography will make all reasonable effort to ensure that all your information is kept confidential. However, Museum Of Art & Photography will not be responsible for any disclosure or leakage of confidential information or loss or damage to the device due to theft, negligence or failure on your part to practice safe computing.

• You understand and acknowledge that upon using the Platform you may authorise us to access third-party sites and sources when designated by you, on your behalf, to retrieve such information required in relation to your usage of the Platform. To this end, you grant us the power to do so and acknowledge and agree that when we access and retrieve information from third-party sites we are acting as your agent.

• You also understand and acknowledge that third parties may provide Museum Of Art & Photography with your information, to enable your registration on, and your use of, the Platform. To this end, Museum Of Art & Photography disclaims all liability for the unauthorised or improper sharing of information by such third-parties. 

4. Representations, Warranties and Covenants

• The User is aware of and in compliance with all applicable domestic and international laws, and will continue to be compliant as long as the User is accessing and / or using the Platform. 

• The User does not have any prior criminal conviction of any kind.

• The User is under no contractual or other restrictions or obligations that are inconsistent with these Terms or that will interfere with the performance of its obligations under these Terms.

• The User has, and will obtain in future, all government or other approvals necessary, if any, to use the Platform or the services.

• Museum Of Art & Photography and the User have no agency, affiliation, association, endorsement or connection in any manner whatsoever. Users are not our employees, attendants, agents or representatives. We do not exercise supervisory powers or control over Users.

• All information uploaded on or conveyed by a User through the Platform must be accurate, up-to-date, true and not misleading.

• All data and information entered into the Platform by the User is the User’s responsibility and the User shall ensure that the User has necessary rights to use and handle such data or information.

• The User will not host, display, upload, modify, publish, transmit or share any information through the Platform that: (a) is unlawful, harassing, threatening, invasive, libellous, defamatory, or that would otherwise violate applicable law; (b) contains nudity, obscenity or sexually explicit content; (c) may disparage any ethnic, racial, sexual or religious group or is otherwise abusive or inflammatory; (d) depicts or promulgates the use of drugs; (e) contains offensive language or images; (f) incites violence or characterises violence as acceptable; (g) contains unsolicited promotions, political campaigning, advertising or solicitations; (h) contains private or personal information about another User or person; (i) contains corrupted data or other harmful, disruptive or destructive viruses, trojan horses, harmful code, denial-of-service attacks, packet or IP spoofing or other similar technology; (j) is in infringement of a third-party’s intellectual property rights; or (k) belongs to another person that you have no right to.

• The User will not create multiple or duplicitous accounts with us. The User shall use the Platform only for personal use.

5. Other Conditions

• All information and material uploaded by the User on the Platform shall be uploaded at the sole risk of the User, and Museum Of Art & Photography will not be liable for the accuracy, reliability thereof or its compliance with applicable law.

• The User hereby agrees to pay all fees associated with the use of the Platform in a timely manner. All fees are non-refundable, unless otherwise stated by Museum Of Art & Photography.

• Our Platform may contain links to third-party sites that are not operated by us. If you click on a third-party link, you may be redirected to such third-party’s site. We have no control over, and assume no responsibility for the content, privacy policy, terms of use or practices of a third-party site. We advise you to separately review the terms of use of every site you visit.

6. Prices, Colours and Availability of the Products and Services

• All prices listed on the Platform are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed or payment for such order has been deducted from your bank account. If your account/card has already been charged for a purchase and your order is canceled, we shall immediately refund the charged amount to your source account.

• Please note that the colors of items and products may depend on your monitor or device and may not be correctly displayed.

• We reserve the right to charge shipping fees, platform fees, or implement price changes at our sole discretion. Such decisions are final and binding.

• The availability of products and other items on the Services may change at any time, without notice. We are not liable for any inconvenience caused due to items being out of stock. We are under no obligation to restock any item or notify users of changes in stock availability.

1. Order Acceptance Policy

• Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy will be, getting the refund of the pro-rata amount back to the source account.

8. Payments

• We use a third-party payment processor (“Payment Processor”) to process your payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor.

• While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorization for any transaction/s, or

2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or

3. Any payment issues arising out of the transaction, or

4. Decline of transaction for any other reason/s

• You, as a buyer, understand that upon initiating a transaction to buy a product, You are entering into a legally binding and enforceable contract with the Company to purchase the products and /or services from the Company using third party payment processors.

• Before shipping / delivering your order to you, the Company may request you to provide additional documents (including but not limited to Govt. issued ID and address proof). 

• You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through ‘Cash On Delivery’, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing such payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction.

9. Intellectual Property

• We may, in our sole discretion, permit you to upload, publish or post information, material and content (“User Content”) on the Platform. By doing so, you grant us an irrevocable, worldwide, perpetual, non-exclusive, transferable, royalty-free licence along with the right to sub-licence, modify, distribute, use, adapt, copy and otherwise exploit User Content.

• All content on the Platform, including, amongst other things, the page headers, images, illustrations, graphics, audio clips, video clips, text, trademarks and trade names on the website (“Service Content”) constitute our and our licensors’ intellectual property. Intellectual property rights laws including copyright laws in all applicable jurisdictions protect the Platform and the Service Content.

• You may access the Platform, avail its features and facilities, and utilise the Service Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display or commercially exploit the Service Content, features or facilities, directly or indirectly, without our prior written permission. 

• We and our partners are the sole owners of the underlying software and source code associated with the Platform and the infrastructure that we provide, and all patents, trademarks, copyright and any other intellectual property rights of any nature in the Platform. 

10. Accounts and Security

• Where your usage of the Platform involves the creation of a user account, you may have the option to set a security password for the same. You are responsible for maintaining the confidentiality of the password, the accounts and the infrastructure you are using. You agree to immediately notify us of any unauthorised use of your password, account or infrastructure, or any other suspected or actual breach of security, and you will ensure that you log out of the account/ undertake such other security measures as may be necessary, at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this requirement.

• You acknowledge that the deletion of the Platform from your device does not constitute termination of our services to you, and you have to undertake the process of termination of services in accordance with the terms of your agreement with us. You will have to provide Museum Of Art & Photography a written request to have your details and information removed from our records, to the extent such details and information is not required for compliance with applicable law.

11. Customer Communications and Information

• By accepting these Terms, you consent to be contacted by us, our agents, representatives, partners, affiliates, third party service providers, merchants, vendors or anyone contacting you on our behalf at any contact number or address provided by you. You agree to us contacting you in any manner including SMS, calls, emails, automatic texting and notifications via the Platform. Such consent extends to communications for marketing and promotion.

• You certify, warrant and represent that the contact details and any other information you have provided to us are your own and not someone else’s and that they are true, accurate, current and complete. You agree to notify us when you stop using a particular contact number or address.

12. Indemnification

You agree to protect, defend and indemnify us and hold us and our officers, directors, employees, shareholders, agents, representatives and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your access and / or use of the Platform in violation of these Terms, or your infringement of any intellectual property rights in the course of such access or use. The terms of this provision survive the termination of these Terms.

13. Disclaimers

• The Platform and our services and their features are provided on an “as is” basis. We expressly disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. 

• The User must take all reasonable precautions while using the Platform. Museum Of Art & Photography will not be liable for any resulting loss, damage or other incidents that may occur due to the same. You are advised to examine the Platform thoroughly to determine its suitability to your use case. 

• Museum Of Art & Photography will make reasonable efforts to make available the Platform at all times. However, we make no warranty that they will meet your requirements, be uninterrupted, timely, secure or error free. 

• Museum Of Art & Photography will not be liable for the loss or damage to confidential information or data of the User arising as a result of an event or a series of related events that is beyond the control of Museum Of Art Photography including problems with the internet, attempted hacker attacks, hacker attacks, denial or service attacks, virus or malicious software attacks or infections and other events of like nature.

• Any services or features availed through the Platform is done at your own discretion and risk, and you are solely responsible for any damage that results therefrom. No advice or information, whether oral or written, obtained by you from us, creates any warranty not expressly stated in these Terms.

14. Limitation of Liability

• To the maximum extent allowed by law, you acknowledge and agree that the entire risk arising directly and indirectly out of your access to and use of the Platform remains with you. 

• In no event will Museum Of Art & Photography or its subsidiaries, affiliates, officers, directors, investors, employees, partners, agents or licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any loss or damages whatsoever based on contract, tort, negligence, strict liability or otherwise including damages for loss of use, data or profits, unauthorised access to, or alteration of your data, your inability to use the Platform, or any other loss arising out of or in any way connected with the access, use or performance of the Platform or its features including interruptions, delays, etc. even if Museum Of Art & Photography was advised of the possibility of damages. This clause will survive the termination of these Terms.

15. Refunds and Returns Policy

For any refunds or returns, please refer to our Refunds and Returns Policy.

16. Termination

Museum Of Art & Photography may suspend or terminate your use of the Platform for any reason whatsoever and at any time, with or without giving notice of the suspension or termination to you. Upon such suspension or termination, any rights granted to you with regard to the Platform will stand terminated, and you must cease using the Platform.

17. Updates

Museum Of Art & Photography reserves the right to update the Platform, in order to, amongst other things, increase efficiency, optimise user interface and add new facilities from time to time. Update packages may be sent to your device for download and installation. You agree to install the updates from time to time and acknowledge that Museum Of Art & Photography will only be able to provide support for the Platform if you ensure to install all updates upon receiving a notification for the same.

18. Independence from Platforms

The Platform is independent of any application store or platform on which it is located. It is not associated, affiliated, sponsored, endorsed or in any way linked to any application store or platform operator. Your downloading, installation, access to or use of the Platform is also bound by the terms and conditions of the application store or platform operator which you are advised to familiarise yourself with. 

19. Remedies

The rights, powers, privileges and remedies provided under these Terms are cumulative and not exclusive of rights, powers, privileges or remedies provided by applicable law. These Terms do not prevent Museum Of Art & Photography from enforcing its rights under applicable law. Museum Of Art & Photography, in addition to other remedies available to it, is entitled to seek (i) a decree or order of specific performance to enforce the observance of the Terms and / or (ii) an injunction restraining a breach or threatened breach of the Terms.

20. Severability

If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws such provision will be replaced with another which is not unenforceable or prohibited and which as far as possible has the same legal and commercial effect as that which it replaces. Further, the remaining provisions of the Terms will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms.

21. Waiver

Any failure on part of Museum Of Art & Photography to require performance of any provision of these Terms will not affect its right to full performance of such provision at any time thereafter, and any waiver by Museum Of Art & Photography of a breach of any provision of these Terms will not constitute a waiver of a similar breach in the future or any other breach.

22. Entire Agreement

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding their subject matter.

23. Assignment

You will not assign or transfer any rights, obligations or privileges you have under these Terms without the prior written consent of Museum Of Art & Photography. These Terms are binding on the successors and permitted assigns of both parties. Any assignment or transfer in violation of this clause will be deemed void.

24. Headings

All headings used in these Terms are for convenience only and shall not be used to limit or interpret the Terms.

25. Validity of Terms

These Terms apply when you access or use our Platform and will remain valid for as long as you continue to do so. Obligations that expressly are intended, or by their nature would be reasonably understood to survive the termination of your access / usage of the Platform, shall survive for such period as is customary or reasonable.

26. Arbitration, Governing Law and Jurisdiction

These Terms and the Privacy Policy will be governed and construed in accordance with the laws of India. By using our Platform, you irrevocably consent to the reference of all disputes that arise out of or in relation to your access to and / or use of the Platform to an arbitral tribunal comprising of a sole arbitrator appointed by Museum Of Art &  Photography. The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996, and the rules framed under it. The venue, place and seat of the arbitration will be Bengaluru, India and the language of the arbitration proceedings will be English. The award rendered will be in writing, with the reasons for the decision. The award will allocate or apportion the costs of the arbitration as the arbitral tribunal considers fair. The award made will be final and binding on the parties thereto. Subject to arbitration as described above, you irrevocably consent to the exclusive jurisdiction and venue of courts in Bengaluru, India in the event of such a dispute.

27. Grievance Redressal

In case of any grievance, you may address such grievance to our grievance officer Harish Vasudevan. The contact details of the officer are:

Email ID: harshit.upadhyaya@map-india.org

Phone Number: +91 9629781573

Timing: Monday to Saturday – 10 am to 6 pm

28. Contacting Us

For any questions or comments, please contact us at:

Address: ‘Sua House’, No.26/1, Kasturba Cross Road, Bangalore – 560 001

Email ID: harshit.upadhyaya@map-india.org

Phone Number: 9629781573