Terms & Conditions

TERMS OF USE     

The website and its domain www.clap.center and other sub-domains (hereinafter referred to as the “Website”, “Site” or “Platform”) are owned, managed and governed by C.L.A.P. (hereinafter referred to as “We”, ”Us”, “Our” or “CLAP”). Wherever the terms “You”, “Your” or “User” are used, it shall include any person whether natural or legal/juristic, including but not limited to any CLAP, incorporation, association, partnership, proprietorship or group of individuals who access, browse through, visit or avail the services of the Website.

The terms ‘service’ or ‘services’ would mean to include the interactive and curated online services offered by CLAP on the internet/mobile through which the user may access information carried by CLAP in the database maintained by it. Whereas, the term ‘products’ or ‘art elements’ would mean to include the goods enlisted in the online marketplace at the Platform.

The services are offered by the ‘associates’ or ‘artists’ through the online workshops and events. The products are sold and dispatched on the platform by the ‘sellers’. Collectively the associates, sellers, User and the website or the CLAP may be referred to as the “Parties”.

ENTIRE AGREEMENT

The Privacy Policy as published on the Website and terms signed by the User (if any) are herein incorporated by reference and shall be deemed to be part of this Terms of Use from hereon. That, together the Terms of Use and the Privacy Policy shall represent the entire agreement between the Website or CLAP, associates, sellers and the User and shall govern the relationship between the Parties. This agreement shall replace all prior agreements and communications existing between the Parties whether direct, indirect, written or oral.

By accessing, using, browsing through, searching, availing the services or engaging in anything on the Website, you agree to the Terms of Use disclosed herein, you also accept the information practices as per our Privacy Policy and you undertake to comply with all laws applicable and in force as interpreted and enforced within the New Delhi.

Failure to comply with any condition, term or provision contained herein or anything promulgated by these Terms of Use, Service Agreement or the Privacy Policy or any such terms or conditions as imposed by the Website or the CLAP, by any User, shall result in termination of all licenses granted herein if any. The date of first use in any way of this Website or its services by any User shall be treated as “Commencement Date” of these Terms of Use.

These Terms of Service sets out the legally binding terms of your use of CLAP and your membership and access in CLAP and may be modified by us at any time and without prior notice, such modifications to be effective upon posting by CLAP on the website. Your continued access or use of the Site and/or the Services after the Terms of Services have been revised constitutes your express consent to the modified Terms of Services. In the event of any inconsistency between our Privacy Policy and these Terms of Service, the Terms of Service shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

PAYMENT AND FEES

CLAP products & services are available on the basis of event model and delivery model explained below as per the requirements of the customers.

  1. Event Model

In this model, pricing is applied on each bookings of attendee’s registration for any events and/or workshops.

CLAP charges a fee for every booking sold through the Platform as stated in the price list published on the Platform.

  1. Delivery Model

In this model, pricing is applied on each art elements enlisted on the Platform which shall be shipped and delivered to the purchaser’s address as and when the Order is placed and as per the detail of delivery shared at the time of purchase.

In both the aforementioned models, the fees and prices are non-negotiable and refundable in exceptional circumstances only as per the refund policy of the Platform.

The fees and prices are made through the various merchant banks and payment wallets. CLAP has no role in any failure and deficiencies in making of payments through these independent portals which is not handled by CLAP. While accepting this terms and conditions, you are also renunciate CLAP from such liability arising after such failed transaction.

WAIVER & SEVERABILITY

Failure to assert any of its rights or wilful ignorance of violation of any of its right by the CLAP, shall in no circumstances be construed as waiver of such right. In a case where the CLAP waives off any of its rights, the waiver shall be restricted to that particular instance (case) and that particular right which is so waived off by the CLAP and shall not affect any other rights arising out of the Terms of Use and Privacy Policy accepted by the User when subscribing to any of the services offered by the CLAP or using the Website in any way for any purpose.

The provisions contained in these Terms of Use and Privacy Policy shall be severable, and in case if any part or provision of the Terms of Use, Service Agreement or the Privacy Policy is adjudged to be invalid or unenforceable, the Parties agree that the remaining part and provisions shall continue to be in force and effect, regardless of the part or provision so adjudged to be invalid or unenforceable. Any such provision or part may be amended or reformed by the CLAP whenever possible or desirable by the CLAP on its sole and exclusive discretion.

OWNERSHIP

Any content available or displayed on the Website or available for download whether for free or fee or anything shown as a part of an offer for purchase on the Website, is protected by all applicable Intellectual Property Laws including Trademark and Copyright laws and is exclusive property of the CLAP and its licensors. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content (collectively the “Marks”), whether registered or unregistered are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Nothing contained on the Website or within the content shall be construed as giving permission, license or right to use any of the Marks to anyone without prior written consent of the CLAP or any third-party owner of any such Marks. Any unauthorized or non-permitted use of any such Marks or any content of the Website in any way, for any purpose is hereby expressly prohibited.

LICENSE

You are granted a non-exclusive, non-transferable, limited license to access and use the Website, its services and the content available on the Website strictly for personal non-commercial use for the applicable fees (if any) subject to the terms and conditions contained herein, and the Privacy Policy.

Unless otherwise agreed or permitted by the CLAP in writing and in advance, you are hereby prohibited from copying, reproducing, modifying, creating derivative works from or store, any Content, whether in whole or in part, contained on the Website. In absence of the said prior written permission, you are also prohibited from publishing, transmitting, distributing, displaying, performing, broadcasting or circulating any such Content for any purpose whatsoever.

Any unauthorized or non-sanctioned advertisement, promotional posts and material, junk mail, spam, chain letters, pyramid schemes or solicitation in any other form, for any purpose, on the Website is hereby expressly prohibited. Users are also restricted from posting any inappropriate, offensive, hateful, pornographic, false, misleading, infringing, defamatory or libellous content targeting any person, gender or social or ethnic group or nationalities. The Users hereby undertake to not use the Website for any unlawful purpose whatsoever and to honour all reasonable requests by the CLAP or the Website to protect its proprietary rights and interests.

TERMINATION

The CLAP and the Website shall be entitled to terminate or suspend any User’s access to the Website or its services, if it is found that any User is in violation of the letter or spirit of these Terms of Use, Service Agreement or the Privacy Policy or that their conduct is unlawful, on their sole and exclusive discretion without any prior notice or intimation to such User. The CLAP or the Website shall under no circumstances be liable to any User or any third-party for termination of User’s access to the Website or its services for any reason.

The only recourse available to Users who do not agree to these Terms of Use or the Privacy Policy is discontinuing the use of the Website. Upon termination of this agreement between the Parties, the User shall be bound to destroy all copies of any material provided by the CLAP or the Website in his/her possession and shall refrain from further use of the same.

REGISTRATION

Registering on the Website provides a special restricted access to the Website and its content which is restricted to a single user only. For registering, every User is required to provide his email address, name, etc. and must select a password. While registering, the Users are bound to provide complete, accurate and updated personal information and KYC documents, failure to do so shall constitute breach of this Agreement and shall expose them to the risk of termination of their access by the CLAP.

Having someone else to register on the Website or using, browsing, accessing or availing the services of the Website through a third-party, binds the actual User to these Terms of Use, Service Agreement and the Privacy Policy, as if they registered, used, browsed through or availed the Website or its Services themselves personally.

Users are alone responsible to maintain the confidentiality of their registered account and login credentials and are liable for any activities that occur via such account.

THE USER’S CONTENT

The Website and the CLAP shall be entitled to use the information provided by the Users (“User Content”) in their print and electronic publication. However, the Users are hereby assured that their information shall only be used in accordance with the Privacy Policy and in a way so as not to infringe their privacy. Users shall be solely responsible for the accuracy, correctness and authenticity of the information and KYC documents provided by them. The Website shall be entitled to remove, edit, review or delete the User Content if it finds it to be illegal, incorrect, offensive or inappropriate in any way.

The Users are prohibited from entering or distributing any material on or through the Website that is promotional in nature or which results in solicitation without prior written permission or consent of the Website.

The Users shall be liable to indemnify the CLAP and the Website including their employees, affiliates and authorized representatives, for any loss, damages, liabilities, costs including but not limited to reasonable attorney fees incurred by them as a result of breach of this Agreement by the User or for any inaccuracy, falsity, incorrectness or illegality of material or information entered into the Website using User’s account on the Website.

ADVERTISERS

The Website may contain sponsored content and advertisements. Neither the CLAP nor the Website shall be responsible or liable for the accuracy, legality, correctness, completeness or contemporariness of the advertisements or the sponsored content and the sponsors of such advertisements or sponsored content shall be solely responsible for the same. The CLAP and the Website shall also be immune from any liability arising out of any act or omission on part of the sponsors of such advertisements or sponsored content. The said sponsors shall be liable to indemnify the CLAP or the Website including their employees, affiliates and any authorized representatives for any loss, damage, costs or any expense incurred by them including but not limited to reasonable attorney fees because of any fault or defect in the content or advertisement sponsored by them or any act or omission on their part.

LINKS TO OTHER WEB SITES

The Website contains hypertexts, links and addresses to other websites and webpages for the reference and convenience of its Users. These hypertexts, links and addresses may take the Users to different webpages and websites owned and operated by persons, groups or corporations other than the CLAP and are the sole responsibility of the respective owners and managers. The Website may contain articles contributed by individuals not associated with the CLAP. The views expressed by such individuals are their own and do not represent the views of the Website or the CLAP.

Neither the CLAP nor the Website has any control or ownership on what is displayed on such websites and webpages for any purpose and hence neither of them is responsible for the content available on such websites and webpages. When You choose to click on and visit any such webpage or website, You agree that neither the CLAP nor the Website is responsible or liable for the accuracy, correctness or legality of content, services, products or other material whatsoever on such websites and webpages.

Any reference or display of any names, products, services or marks belonging to or offered by a third-party or presence of their hypertexts or links on the Website, does not constitute any recommendation, endorsement, affiliation or sponsorship of such third-party or its products or services. The Users are solely responsible for their use and access of any third-party content or products or services and for all related risks of viruses, worms, trojan horses and other harmful material on such websites or webpages.

LIMITATION OF LIABILITY

Under no circumstance or event shall the CLAP, the Website or any of its affiliates, employees, agents, suppliers, licensors or any authorized personnel or representatives be liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damages including without limitation to damages for loss of goodwill, use, profits, data or any other tangible or intangible loss related to or arising out of the use of, breach of or inability to use the services provided by the Website. Moreover, the said entities and individuals shall also be immune from any liability to compensate any User in any way for any loss, damage or injury caused because of hacking, tempering or unauthorized use or access of User’s account or any information contained therein.

In no case shall the CLAP or the Website be liable for any:

  1. Mistake, inaccuracy or error in the content available on Website;
  2. Injury or damage whether direct or indirect, personal or not, caused to any User because of access or use of the Website or its services;
  3. Interruption or cessation of transmission of any content or information contained on the website whether to or from the Website;
  4. Unauthorised or unsanctioned use or access of the Website’s secure servers or any personal information or content contained therein;
  5. Any viruses, bugs or destructive programs or links that may be transmitted through the Website by any third-party;
  6. Offensive, defamatory or illegal conduct of any third-party on the Website;
  7. Relationship or transaction between any User and a third-party provider (affiliates) including breach of terms of such transaction or relationship.

The CLAP and the Website shall not be responsible for mediating or resolving any dispute between any User and any third-party provider or affiliate.

Presence of any third-party providers on the Website or any database maintained by the Website about any third-party providers, shall in no case be construed as recommendation, solicitation or endorsement of any such third-party providers. Any information about such third-party providers shall not be treated as device to confirm their credibility, qualification or abilities.

GOVERNING LAW & JURISDICTION

This Agreement shall be entered into by the Parties, governed, interpreted, construed and enforced according to laws applicable within New Delhi, India, without giving effect to any choice of legal rules and principles. In case of any dispute between the Parties, the same shall be subjected to jurisdiction of appropriate courts within New Delhi.

Users using, accessing, browsing through or entering into this Agreement in any way from jurisdictions other than India are solely responsible for compliance with the laws in force in New Delhi and with applicable local laws. The Users waive all defences of lack of jurisdiction or inconvenience of forum with respect to adjudication of any dispute that may arise out of their relationship with the CLAP.

DISPUTE RESOLUTION CLAUSE

It is agreed by the parties that any formation, interpretation, and performance of this policy and any dispute arising out of it will be resolved through two-step Alternative Dispute Resolution (ADR) mechanism. It is further agreed by the parties that this section i.e., resolution through ADR, will survive even after termination or expiry of the Terms of Use, Service Agreement or the Privacy Policy.

Mediation- In case a dispute arises between the parties, the parties will attempt to resolve the same amicably between them, through mutual understanding. If the parties are unable to reach a common ground within 30 days of one party communicating of existence of dispute to the other, the dispute will be resolved through arbitration.

Arbitration- The parties agree that when they are unable to resolve the dispute through Mediation, the said dispute will be resolved through arbitration. The parties further concur that the arbitration proceeding will be presided by a Sole Arbitrator, who would be appointed by the CLAP on its sole and exclusive discretion. The language for arbitration would be English. The seat of arbitration would be Mumbai, Maharashtra.

NO WARRANTY

All content, information and services provided through the Website are provided on an ‘as-is/as-available’ basis and You use the same at your own volition and risk. Neither the CLAP nor the Website provides any warranty whether express or implied regarding satisfactory quality, accuracy, suitability for any particular purpose or any other implied warranty of merchantability as to the result or outcome You may derive out of Your use of the Website or any such result or outcome You may attain out of a relationship you elect to create with any third-party provider through the Website. We do not and neither do any of Our employees, agents, licensors or any authorised personnel make any representations or provide any warranty as to the ability of any third-party provider to obtain a favourable result for any User.

The CLAP is neither a university or educational institution, nor is it associated or affiliated with any university or other educational institution. The services offered by the Website are not certified by any educational body or Central or State government including any government body. The certificate, if any, provided by the Website on completion of its courses by the Users is not equivalent to any degree, certificate or diploma provided by any registered educational institute.

The Users are hereby informed that the CLAP shall strive to provide the best service to every user but cannot and does not provide any warranty as to the completeness or accuracy of any content or services or that the services provided through the Website will be error-free, uninterrupted or always available. The Users are also informed that they use the Website or avail its services and download the content available thereof on their exclusive and sole discretion and risk.

ANTI-HACKING PROVISION

In addition to the Terms and Conditions put forth in these Terms of Use, Service Agreement and the Privacy Policy, the Users agree and undertake not to:

  1. Use or attempt to use any computer program such as “scraper”, “deep-links”, “bot”, “robot”, “data mining code”, “computer codes” or any other form of automated system or device, tool, algorithm, methodology, process, program or manual process having similar function, to acquire, extract, monitor, copy or access any portion of the Website or any data or content present on the Website;
  2. To acquire or obtain or attempt to acquire or obtain any data, material or information that has not been deliberately made public by the Website by its display on the Website or making it accessible through a link visible on the Website;
  3. Bypass or circumvent any system or measure employed to limit or prevent access to the Website or its content;
  4. Gain unauthorised access to the Website or any portion of it or to any data, material, information, computer system, network or server associated with the Website through any illegal and or unsanctioned or unauthorised means or violate the Website’s security in any way;
  5. Interfere or attempt to interfere with the working of the Website or any portion or functionality of it or with any activity that is carried on through the Website in any way;
  6. Carry out any activity or action that imposes or may impose according to the sole discretion of the CLAP any unreasonable or large load or burden on the Website or the CLAP’s infrastructure.