Terms of onboarding (Artist)

This Agreement (“Agreement”) is entered into by and between Beyondartz Pvt. Ltd., a company registered under the laws of India, having its principal place of business at [Insert Address] (hereinafter referred to as “Beyondartz”), and the undersigned individual or entity (hereinafter referred to as “User” or “Artist”, as applicable).

This Agreement governs the User’s access to and use of the Beyondartz platform, its services, and any content or materials made available through the Platform. By signing this Agreement, the User acknowledges and agrees to be bound by these Terms of Use, including any amendments made from time to time.

1. Definitions

For the purposes of these Terms of Use, the following terms shall have the meanings set forth below:

1.1. “Platform”: Refers to the Beyondartz website, mobile application, and any associated services, including the marketplace and other services made available to users for buying, selling, or displaying artwork.
1.2. “Artist”: Refers to any individual or entity that uploads, lists, or offers artwork for sale or display on the Platform.
1.3. “Buyer”: Refers to any individual or entity who purchases or attempts to purchase artwork through the Platform.
1.4. “Content”: Includes any information, artwork, images, text, graphics, videos, and other materials uploaded, posted, or displayed by Users on the Platform.
1.5. “Seller”: Refers to any Artist or authorized person who lists or sells their artwork on the Platform.
1.6. “User”: Refers to any individual or entity that accesses or uses the Platform.
1.7. “Artwork”: Refers to any original creative work such as paintings, sculptures, photographs, or digital art.
1.8. “Buyer-Seller Transaction”: Refers to any transaction made between a Buyer and a Seller for artwork.
1.9. “Agreement”: Refers to this contractual relationship between Beyondartz and the User.
1.10. “Tax”: Refers to any applicable sales tax, VAT, GST, or other duties.
1.11. “Dispute”: Refers to any disagreement between a Buyer and a Seller.
1.12. “Terms of Use”: These legally binding terms governing use of the Platform.
1.13. “Beyondartz”: Refers to the art aggregator platform operated by Beyondartz Pvt. Ltd.

2. Eligibility and Registration of Artist

Artist warrants that they are competent to contract under the Indian Contract Act, 1872. Beyondartz reserves the right to terminate your registration or refuse access if found in breach of this warranty.

If you register as a business entity, you represent that you are authorized to accept these Terms on behalf of the entity and bind it legally.

You agree to provide necessary registration documents as required. Beyondartz may terminate registration for deficiencies.

You agree you have all necessary licences and permits for sale on the Platform. You remain responsible for maintaining confidentiality of your account information.

3. Data Storage and Account Deactivation

Beyondartz is not responsible for storing or backing up any artwork or data uploaded by users. Once an account is deactivated, associated content may be permanently removed. Maintain your own backups before deactivation.

4. Disclaimer of Warranties

The Platform is provided on an “as is” and “as available” basis. Beyondartz makes no representations or warranties of any kind, express or implied.

4.1. No Verification of Buyers – Beyondartz does not verify buyer identities.
4.2. Seller Responsibility for Disputes – Disputes must be handled directly between parties.
4.3. No Guarantee of Artwork Authenticity – Responsibility lies with the seller.
4.4. Platform Availability – No guarantee of uninterrupted service.
4.5. Limitation of Liability – Beyondartz disclaims all loss or damage arising from use.

5. Usage of Platform

You agree to use the Platform solely for lawful purposes and in accordance with these Terms of Use. You shall not use the Platform for any activity that:

5.1. Violates any applicable local, national, or international law;
5.2. Infringes upon the intellectual property rights of others;
5.3. Involves the transmission of any harmful or malicious content;
5.4. Engages in any form of fraudulent activity.

6. Prohibited Content and Conduct

6.1. Content Restrictions – You shall not upload or share content that:
 6.1.1. Belongs to another person without authorization;
 6.1.2. Is harmful, offensive, defamatory, or illegal;
 6.1.3. Is false or misleading;
 6.1.4. Violates intellectual property or privacy rights;
 6.1.5. Promotes illegal activities.

6.2. Harassment and Privacy – You shall not harass others or invade their privacy.
6.3. Impersonation and Fraud – You shall not impersonate anyone or provide false information.
6.4. Commercial Activities – No unauthorized commercial promotions are allowed.
6.5. Security and Access – You shall not attempt unauthorized access or upload harmful software.

7. Compliance with Laws

You shall comply with all applicable laws, including intellectual property and data protection laws, ensuring that all uploaded content complies with local and international requirements.

8. Payment and Taxation

8.1. Payment Process – Beyondartz shall receive payment for artwork and remit the remaining balance to the Artist after applicable deductions.
8.2. Tax Responsibility – The Artist is solely responsible for all applicable taxes.
8.3. Tax Withholding – Beyondartz may withhold or deduct taxes as required by law.
8.4. Payment Timeline – Artists shall be paid within 30 days of Beyondartz receiving full payment.
8.5. Payment Hold – Beyondartz may withhold payment in case of disputes.
8.6. Artwork Valuation – Pricing shall be determined collaboratively with Beyondartz.
8.7. Exclusive Sale – The Artist agrees not to sell the same artwork at a lower price elsewhere without Beyondartz’s consent.

9. Dispatch of Products

Beyondartz facilitates dispatch and delivery. Sellers must ensure timely shipment and provide tracking details. Beyondartz is not liable for delays or losses during transit.

10. Term and Termination

10.1. Term – These Terms commence upon first access to the Platform and remain effective until terminated.
10.2. Termination by User – Users may terminate at any time by deactivating their account.
10.3. Termination by Beyondartz – Beyondartz may terminate for violations or at its discretion.
10.4. Effects of Termination – User’s access will be revoked, and obligations remain.
10.5. Suspension of Account – Beyondartz may suspend accounts pending investigation.

11. Inspection and Audit

Beyondartz reserves the right to inspect or audit listings, content, and activities for compliance and dispute resolution. Users must cooperate with such inspections.

12. Indemnity

You agree to indemnify and hold harmless Beyondartz, its affiliates, and employees against any claims arising from:

12.1. Your use or misuse of the Platform;
12.2. Any content or artwork you upload;
12.3. Any violation of laws or these Terms;
12.4. Any dispute between you and any third party.

The Seller also agrees to indemnify Beyondartz from any intellectual property infringement claims. Beyondartz retains the right to participate in any legal defense.

13. Limitation of Liability

Beyondartz shall not be liable for any direct, indirect, incidental, or consequential damages arising from:
13.1. Your use or inability to use the Platform;
13.2. Any product or service provided by third parties;
13.3. Any dispute between users;
13.4. Unauthorized access or alteration of your account.

In no event shall Beyondartz’s total liability exceed the fees paid by you in the past six (6) months.

14–22. General Clauses

14. Entire Agreement – These Terms constitute the complete understanding between the parties.
15. Governing Law and Jurisdiction – Subject to the courts of Bangalore, Karnataka, India.
16. Force Majeure – Neither party shall be liable for failures beyond reasonable control.
17. Severability – Invalid provisions shall not affect the remainder.
18. Amendments – Beyondartz may modify these Terms at any time.
19. Waiver – Failure to enforce any part does not waive any rights.
20. Assignment – The User may not assign rights without consent.
21. No Partnership or Agency – Both parties act independently.
22. Notices – All notices shall be in writing via hand, email, or registered mail.