1. Use of the Website

Use of this website www.imafoundation.com or any part of this website (“Website”) owned by Indian Modern Art. Is subject to your acceptance of these terms and conditions (“Terms” or “Terms and Conditions”) which govern the use of this Website without modification. You hereby agree and confirm that you shall click on the links to and familiarize yourself with these Terms and Conditions and other terms, conditions and guidelines found throughout this Website and abide by them.

YOUR USE OF THE WEB SITE SIGNIFIES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE TERMS, DO NOT USE THE WEBSITE.

For the purposes of these Terms (referred to as “the Agreement”), “User” shall mean any person who uses this Website. This Website is deemed to be used by you when it is loaded and/or continues to be loaded in temporary or permanent memory of your computer or similar system or in the internet browser thereof. IMA's own records of the use of the Website and transactions concluded therein, maintained through computer systems or otherwise, shall be deemed accepted as conclusive and binding proof of such use.

The use of this Website by Users may be terminated at any time by IMA without any notice to the User if the User violates any part of the Terms or for any reason whatsoever.

Purchase process All prices displayed on the Website are in £ sterling and are inclusive of VAT. Minor adjustments may need to be made on the price based on the exchange rate.

The ownership of the artwork will pass to you after your payment has been received and the artwork is despatched to you.

2. Availability of artworks

IMA's artists are selected on the basis of their exceptional talent and identified potential. The organization has possession of the majority of the works of art. It is the artist’s responsibility to keep us informed of any changes to the availability of their artworks. If any of the artworks displayed on the Website are sold elsewhere or are no longer available for purchase, no monies will be taken and you will be informed immediately.

3. Registration with www.imafoundation.com

To join IMA’s mailing list, to access some of the services, participate in auctions and have regular updates of new works of art emailed to you from IMA, a User id required to register with the Website in accordance with the procedure in the website.

Delivery and insurance The delivery option when purchasing through IMA is TNT. For pieces of fine art that are at risk of being damaged in transport (e.g. paintings / sculpture) we highly recommend that buyers use a reputable insurance service.

For pieces which are less at risk of damage during transit (prints / photographs / drawings) delivery can be arranged at a lower cost through TNT. When this delivery method is chosen we will arrange delivery to you. Unfortunately due to their insurance policy it is not possible for fine artwork (painting / sculpture) to be insured during transit by TNT.

4. Cancellations and returns

Whilst IMA Foundation endeavors to provide the best possible representation of artwork online we understand that there are instances where buyers will not be fully happy with their purchase. The buyer is more than welcome to cancel their order or to return the artwork they have purchased for any reason at any time up to fourteen days after they have placed an order either online or through telephone or email confirmation. An order will be deemed confirmed once we have received 50% deposit of the value of the painting. The delivery time for a painting could vary since the artworks might have to be shipped from as far as India. If you choose to cancel an order for any reason, any money you have paid will be refunded in full. If you cancel your order after the artwork has been dispatched you will be refunded the money you have paid but you are responsible for the costs of returning the artwork to the artist and of insuring it until it is delivered back to the artist. In so far as it is possible, we ask that the artwork is returned to the artist in the original packaging.

5. Damaged goods

All artwork delivered by us is checked before loading. Upon receiving the work please check to make sure no damage has occurred during delivery.

6. Tracking

The Website uses cookies to track usage of the path of the User. Since most web browsers automatically accept cookies, User can edit User’s browser options to block them if User does not want the Website to use cookies to track usage of the path of the User.

IMA undertakes not to disclose, except as otherwise provided, the personal information provided by the User to any person, unless such action is necessary to:

• Conform to legal requirements or comply with legal process;
• Protect and defend IMA's or its affiliates' rights, interests or property;
• Enforce the terms and conditions of the sale of works of art or provision of services or the Agreement;
• Share with a third party, including sellers/owners of works of art and affiliates that are interested in serving the User;
• Allow the User to use specific account information;
• Send the User information about IMA and / or works of art or services;
• contact the User when required;
• Send information relating to promotions, upcoming auctions, art exhibitions and other matters.
  

7. Description of the artworks

The artist is responsible for providing Us with an accurate description of themselves, their work and any of their artworks that are displayed on the Website. Due to the nature of a computer monitor and screen, the actual colour and appearance of the artworks may vary from the image on the screen.

8. Posting Communications

IMA Foundation may provide certain areas of the Website (such as IMA Blog, message boards or other facilities) designated as open to public access or to Users at large (each of which is referred to herein as a "Public Area"). Generally, any communication that User posts to a Public Area is considered to be non-confidential.

By posting communications (including any graphic or multimedia content) to any Public Area, User automatically grants IMA a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.

IMA does not screen communications in the Public Areas in advance and is not responsible for screening or monitoring material posted by Users. User shall be responsible for his own communications and is responsible for the consequences of his posting.

IMA reserves the right, in its sole discretion, to expel Users and prevent their further access to the Website for violating the Agreement or the law. IMA also reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in IMA’s sole discretion.

IMA does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted on the website or endorse any opinions expressed by users. User hereby acknowledges that any reliance on material posted by other users will be at user’s own risk.

9. Restrictions on Posting Communications

User must not do any of the following things while accessing or using the Website:

• post or transmit any material unless User is the owner of all patent, trademark, copyright, trade secret or other proprietary rights ("Rights") therein, or have the permission of the owner of the Rights to post or transmit such material to the Website;
• Post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties;
• Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity;
• Post sexually-explicit language or images;
• Post advertisements or solicitations of business;
• Post or transmit any chain letters or pyramid schemes;
• Impersonate another person or entity;
• Intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Website;
• Post or transmit any information containing a virus or other harmful component.

10. Intellectual Property Rights

Please note that all parts of the Website including its contents and all intellectual property rights therein, including, without limitation, all copyright, trademarks and logos, are owned by IMA and / or its suppliers/affiliates and is protected by intellectual property rights law including copyright laws, international treaty provisions, and these Terms. User acknowledges that the Website is highly proprietary in nature and that unauthorized copying, transfer or use may cause IMA irreparable injury that cannot be adequately compensated for by means of monetary damages. Any reproduction, reverse engineering, decompiling, disassembling, modification, copying, distribution, transmission, display, publishing, sublicensing, creation of derivative works from, transferring or redistribution of the Website or any of its contents is expressly prohibited by law, and may result in severe civil and criminal penalties. IMA shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to IMA to protect its interests therein. Neither the availability of, nor anything contained within the Website shall be construed as conferring any license to any of IMA’s or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, or otherwise.

11. Restrictions on Use

The User agrees to use the Website strictly for the purpose of viewing and purchasing of the arts, antiquities and others promoted in it. The User agrees that he will not take any action that imposes an unreasonable or disproportionately large load on the IMA servers or systems, or any servers or systems used by IMA. The User agrees not to use this Website for any illegal purpose or in any manner inconsistent with the Agreement. The User agrees not to use, transfer, distribute or dispose of any information or images contained in the Website for any reason whatsoever.

Further, the User shall not, except as permitted by the Agreement:

• Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any part of the Website in violation of the Agreement or the laws of any country.
• Create a database in electronic or structured manual form by systematically downloading and storing the entire Website or part thereof except such information as relates or concerns the User.
• Cache or permit caching by any person.
• Send unsolicited email or other correspondence to any other User
• Do any act that violates IMA’s (or any third party’s) intellectual property rights in the Website.
• Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any other User.
• Use the Website to violate the security of any computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
• Run mail list or any form of auto-responder, or spam on the Website or any processes that are run or are activated while the User is not logged on or engage in any virus attack or denial of service attack or engage in any activity designed and/or intended to interfere with the working of Website for any duration of time.

12. Indemnity

User agrees to defend, indemnify, and hold harmless IMA it's officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from use of the Website and any material (including software) on the Website, User’s breach of the Agreement, or User’s violation of law or of the rights of any third party.

13. About us

This website is owned and operated by and on behalf of Indian Modern Art Limited (“Us” or “We”). We are a company registered in England under number 7049124. Our registered office is at 1A Arcade House London NW11 7TL and our main contact address is 179 Inderwick Road Crouch End, London N8 9JR. If you wish to contact us, please use: info@imafoundation.com or our main contact address as our postal address. About the Website

14. Material appearing on the Website

14.1 By the nature of the Website, We publish material that has been provided to Us by third parties. The artist is responsible for ensuring that the material they submit to Us for display is owned by them and is original material. If you purchase an artwork through Us, you will receive a certificate of authenticity from the artist.

14.2 As a result, we do not guarantee the originality; authenticity or quality of the material appearing on the Website.

14.3 Furthermore, due to the nature of some of the material advertised for sale on the Website, you may be exposed to content of an adult nature. By entering the Website or by registering with us, you confirm to us that you are legally permitted (whether by virtue of your age or by the laws that apply where you are) to view such content.

15. Changes to the Website

15.1 While We aim to update the material on our Website regularly, please note that it may be out of date at any given time. We are under no obligation to update such material.

15.2 We may need to alter the material appearing on the Website from time to time in order to reflect the availability of the artworks. If the need arises we may suspend the Website, for example to allow for maintenance.

15.3 We reserve the right to do any or all of these things without notifying you.

16. Registration details

16.1 You are responsible for maintaining the confidentiality of your account, login, password, payment details, and for restricting access to your computer.

16.2 You must immediately notify Us of any unauthorized use of your password, account or any other breach of security. We may terminate your current account in the event of a breach of security and, if it is appropriate, provide you with fresh security details.

17. Website Linking

17.1 Linking to our Website You may create a link to our home page, provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association with Us or any approval or endorsement by Us where none exists. In particular, our Website must not be framed on any other website and you may not create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

17.2 Our links to external websites Where our Website contains links to other sites or to resources provided by third parties, these links are provided for your information only. We have no control over the contents of those external websites or resources, and we accept no responsibility for them or for their content or availability or for any damage that may arise from your use of them.

18. Information about you and your visits to the Website

18.1 We process information about you in accordance with our Privacy Policy which is available below.

18.2 By using our Website, you consent to such processing and you confirm that all data provided by you is accurate.

19. Right to amend Terms and Conditions

19.1 Where it becomes necessary in order to reflect changes in our business practice, We reserve the right to change these Terms and Conditions at any time. We will display the amended Terms and Conditions here.

19.2 The Terms and Conditions displayed on the Website at the time of your visit or the time of your purchase of an artwork are those that will be applicable to you.

20. Disclaimers and limitation of liability

20.1 Our Website is made available on the basis that you accept the material “as is” and that the Website may not always be accessible.

20.2 We do not make any representation, endorsement or warranty of any kind, whether express or implied, including as to the quality of the artworks, the non-infringement of the rights of any third parties or the accuracy of the information displayed on the Website.

20.3 In particular:

20.3.1 Because it is the artists’ responsibility to provide material that appears on the Website, We cannot warrant that the material appearing on the Website does not infringe the rights of others.
20.3.2 While We take every care to make sure that our Website is available and fully functional at all times, We cannot warrant that the Website will always be available or will always be error-free.
20.3.3 Because our role is to advertise on behalf of the artists and We are not responsible for creating the artworks, We cannot accept responsibility for any claims, liabilities or damages relating to any artworks you purchase through the Website;

20.4 Any advice, recommendation, representation or other information given on the Website in relation to any of the artworks appearing on the Website is given on an informal basis and will not form part of any contract. You must make your own decision about whether or not to purchase any artwork.

21. Governing law

21.1 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales, and you hereby submit to the exclusive jurisdiction of the courts of England and Wales.

22. Dispute Resolution

22.1 In the event of a dispute arising in connection with these Terms and Conditions, or any contract between Us, We will offer the opportunity to settle the dispute by engaging in a process of mediation before commencing litigation.

23. Entire Agreement

23.1 These Terms and Conditions constitute the entire agreement between you and Us and govern your use of the Website.
These Terms and Conditions override any prior agreement between you and Us.