Terms & Conditions, Privacy Policy
● Please read the following terms and conditions carefully as it sets out the terms of a legally binding agreement between you (the user) on the one part and The Artbeat of New India Museum, for whom The Artbeat of New India Museum App has been developed by Desiwalks Tours Private Limited and Desiwalks Tours Private Limited (Collectively referred to as “Developers” or as the context may require “We” or “our”) on the other part.
Privacy Policy, Registration and product details
● The Developers will use all information received by us from you either due to your registration on The Artbeat of New India Museum App or otherwise in accordance with our Privacy Policy. Please read the following carefully.
● We expect you to provide us accurate and complete information when registering for our products. We also expect you to keep the information safe, specifically access passwords and payment information.
● All our products are for you to individually consume. Please don’t share your user name and password with others.
● You are responsible for your or anyone else’s consumption of our products by using your login credentials. If you believe that there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify us immediately by e-mailing us at contact@museums22.com. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide us with an email address that will result in any messages we may send you, the messages being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you promise that you are entitled to receive those messages.
● You are advised to study our products before you purchase them.
● We may in future partner with third parties to offer joint products and offers. These joint offers will be subject to the terms and conditions of the partners in addition to our terms and conditions. Partners may ask you or us on your behalf to share personal or private information in lieu of a value that the partner provides. By confirming the terms of the offer you agree to share your registration information and personal data with the concerned partner. The partner may use this personal information to contact you with their promotional offers. By participating in these offers you implicitly agree to the sharing of your registration information and personal data. You are advised to go through the terms and conditions carefully before you opt for any such joint offers.
● Our products include digitally guided walking and car tours of places and monuments. When you purchase a tour you gain access to experience the tour that is best suited for you if you are at the location of the tour. While we also offer virtual tours that can be experienced from anywhere, the best experience of the tour is when you are physically present at the location from where the tour begins. Also the experience will depend on the nature of network and mobile connectivity that you use. We are not responsible for unavailability of data or mobile network at the locations.
Personal information you disclose to us
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
● Location
● Phone Number
● Email Address
● Name
● Photo
● DeviceId
● We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide virtual tour experience. If you wish to change our access or permissions, you may do so in your device's settings.
● We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.
● We may request storage permission for downloading product data for offline use and for you to update your profile picture in your profile on the app.
● Contract formation:
Desiwalks Tours Private Limited will try to process your purchase promptly but does not guarantee that your purchase will be activated by any specified time. By submitting your payment and other personal details, you are making an offer to us to buy the product. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to the product. We reserve the right to reject any offer without assigning any reason.
● Payment details:
When you purchase our product, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase our product using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to the product. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or any other payment method you used to submit payment, unless it has expired in which case we will contact you.
We will use the services of quality third party payment service providers to process your payment.
● Pricing:
The price for each product will be made clear to you at the time you opt for a paid product. The price may vary from time to time, by nature of device, by region or by country. You agree to pay the fees at the rates notified to you at the time you purchase the product. Each of our products is generally a single purchase product and has the validity as described in the product. The currency in which the price is payable will be specified during the order process, depending on the service and your country of residence. We may from time to time run special offers on our products which may lead to the price of a particular product being different at any given point of time from the price paid by you. This will not entitle you to any refunds or claims.
● Taxes:
Purchase of our product falls under the purview of Service Tax as per the current taxation policy of the Government of India. Taxes are applicable for purchase of products from our Apps and digital websites uniformly for customers based in India and outside the country. Unless otherwise indicated, prices stated on our website are inclusive of applicable Service Tax, any applicable value added tax (VAT) or other sales taxes. We will make changes to the price of the product to bring it in conformity to the prevailing rules as required by law without any prior notice or announcement.
● Other costs:
In addition to any price you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur for accessing our services. For example, if you choose to download our walks or even experience our walks using any mobile services then your network operator may charge you for data or messaging services.
· Intellectual Property Rights:
This is in addition to the point mentioned in the general terms and conditions of the PO, The IPR for the written text and images pertaining to the assets at The Artbeat of New India, managed by The Artbeat of New India, will vest with The Artbeat of New India. All other IPR on the Apps and PWA, CMS and Dashboard thereof, for The Artbeat of New India, including, but not limited to the contents (except that pertaining to the exhibited assets of the museum), technology and any addition and enhancements thereof will vest with Desiwalks Tours Pvt. Ltd.
Product details
Our products have a validity period that is specified at the time of purchase of the tour. Similarly some of our products can be shared with others free of cost. We may vary the terms including duration of valid use or sharing at anytime. Once the product is purchased you are not entitled to any refunds. You may write to us at contact@museums22.com for any queries with respect to the operation of the product.
● Your contract is with both The Artbeat of New India Museum and Desiwalks Tours Private Limited for The Artbeat of New India Museum Audio app.
● You may post comments on our Social media pages. You will solely be responsible for the content that you post and we will have the liberty to edit, modify or remove any content that you may post if we feel the post falls any of the following categories:
* Post is threatening, offensive, libellous, indecent or otherwise unlawful.
* Post is discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
* Post is personal in nature directed against other commentators or persons
* Post is impersonating any person or entity or is misrepresenting any connection with any person or entity.
* Post is unrelated to the Forum or the Forum's topic.
* Post contains a software virus, file or code designed to interrupt, destroy or limit the functionality of our systems.
* Post is restrictive in nature or inhibits any other user from using the Forums.
* Post is meant to promote products which are either competitive to us or otherwise
It is not possible for us to fully monitor all comments but where we have actually received notice of any comment that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that comment, decide whether to remove it from our social forums and act accordingly. This may include banning a user from participation in the social forums. If you believe that any comment published on our forums infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at contact@museums22.com
Our Responsibilities towards You
● A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, Desiwalks Tours Private Limited accepts responsibility (liability) to you for your use of our products or in respect of any third party products or services that we refer to or advertisements or any other links on hoponindia.com. Unless you have purchased our paid product, we accept no financial responsibility to you arising from your use of our products. If you have purchased our product, we limit our financial responsibility to you arising from your use of our product to the price you paid for the product.
In no circumstances do we accept responsibility for your use of Third Party Sites or services not limited to advertisements, links in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on our products. By Third Party Products we mean products or services provided by third parties.
● Limitations of content published on our products:
All content on our products is only for your general information and entertainment purposes, and is not intended to address your particular requirements. In particular, Content on our products does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific purchase, sale or other decisions.
What we promise:
We promise to develop and operate The Artbeat of New India Museum App, with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware or made aware of.
● What we do not promise:
We do not provide any promises or warranties other than those defined above. The content is provided on an "as is" and "as available" basis. While the content creation team makes the best efforts to put together accurate, complete and authentic content, we do not make any promises in respect of content published on our website and/or the services and functions available on or through our website or Apps or of the quality, completeness or accuracy of the information published on or linked to from our website and Apps other than as expressly stated above.
The above disclaimers apply to your use of our websites and our Apps, including The Artbeat of New India Museum App. Without limiting the above, we are not liable for matters beyond our reasonable control. We do not control third party communications networks (including your internet service provider), the internet, acts of third parties or any acts of god.
● Our financial responsibility to you:
You agree that if we are in breach of these terms and conditions, we will only be responsible to you for any damages that you incur arising out of your use of our products (to the extent that our liability is not otherwise excluded by this section) as follows:
If you incur any loss as a result of using our Content outside the scope of these terms and conditions, we accept no responsibility (liability) to you for this.
You will be responsible for all claims, liabilities, damages, cost and expenses suffered or incurred as a result of your breach of these terms and conditions.
We will only be responsible for loss or damage you suffer which is the reasonably foreseeable result of our breach of a legal duty of care owed to you.
We will not be responsible to you for any loss or damage suffered by your business, such as lost data, lost profits or any business interruption.
If you have purchased our product and our Apps are not able to run for a continuous period of 7 days as a result of our fault or failure, you can claim refund of any amount that you have paid to us for that specific product.
The limitations of liability in this section apply for the benefit of Desiwalks Tours Private Limited, its affiliates, and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions.
Choice of Law and Jurisdiction
● If you are a user whose principal address or principal use of our products and services occurs in any jurisdiction across the world then these terms and conditions will be subject to Indian law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the competent courts in Mumbai, India will have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
General
● You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any individual, organization or entity but if we do so we will ensure that any company/individual/entity to whom we transfer our rights or obligations will continue to honour your rights under them. Any resultant changes to the terms and conditions will be intimated to you via email and updated on this website.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions constitute the entire agreement between you and The Artbeat of New India Museum and Desiwalks Tours Private Limited for your use of our websites our Apps, including the The Artbeat of New India Museum App. They supersede all previous communications, representations and arrangements, either written or oral.
Content ownership
● All Content created and published on the digital platforms under the url http://www.hoponindia.com, the mobile browser site, and application, including the The Artbeat of New India Museum App belong to us or either of us and its licensors who own all intellectual property rights (including copyright and database rights). No intellectual property rights in any of the content are transferred to you while you consume the content on this platform.