Introduction and basics

Welcome! We're Democrart Technologies Private Limited, also known as "ASIGN." We're thrilled to offer our services, and we want you to know the terms and conditions that come with them. So, let's get started!

In These "Terms and Conditions of Service" when we mention "user," or “you” we mean anyone who uses our website or mobile application (including you), which we call the "Platform." The Terms and Conditions of Service mentioned here are all about using this Platform. They cover everything from the Services offered on or off the Platform, using those Services, and making payments for transactions on or off the Platform. These Terms and Conditions of Service is an electronic agreement recognised under law. They're formed following the Information Technology Act, of 2000, and the related rules. These rules have been updated over time to include electronic documents/records. But don't worry, you don't need any physical, electronic, or digital signature for these Terms.

This Platform is either owned by or licensed to ASIGN. And just so you know, copying it in any way is not allowed.

By using our Services or by simply accessing our Platform, you're agreeing to these terms and conditions. It's important to read them carefully and understand what you're agreeing to. These terms also provide you with access to our Privacy Policy, which explains how we handle your personal information. You acknowledge that you've read and understood our Privacy Policy as well.

Who can use our platform?

To use ASIGN, you need to be able to enter into a legal contract according to the Indian Contract Act, of 1872. If you're under 18, it's a good idea to involve your parents or legal guardians. We may conduct routine due diligence to verify your eligibility to access the Platform in terms of the Indian Contract Act, of 1872, and under such due diligence, we may restrict access to the Platform and Services.

Contact consent

When you sign up with ASIGN, you're agreeing to be contacted by ASIGN, its employees, and partners using various communication methods. These methods include phone calls, emails, SMS, or any other form of electronic communication. ASIGN may use these channels to connect with you regarding matters related to the information you provided during your registration on the ASIGN Platform.

Overriding

DNC/NDNC Registration Your consent to be contacted by ASIGN through these communication channels overrides any previous registration you might have done with the Do Not Call (DNC) or National Do Not Call (NDNC) lists. This means that even if you had registered your number to avoid marketing calls, you're allowing ASIGN to contact you for the purposes mentioned.

DND list and SMS

If your mobile number is listed on the Do Not Disturb (DND) list maintained by the Telecom Regulatory Authority of India (TRAI), ASIGN acknowledges that you might not receive SMS messages from them. This is due to the restrictions imposed on sending promotional messages to numbers on the DND list.

Responsibility for deregistration

ASIGN makes it clear that if your mobile number is on the DND list and you wish to receive SMS messages from them, it's your responsibility to take the necessary steps to deregister your number from the DND list. This means that you may need to follow the procedures provided by your mobile service provider or TRAI to allow ASIGN to send you SMS messages.

Non-liability for non-receipt of SMS

If you don't receive SMS messages from ASIGN due to your number being on the DND list, ASIGN cannot be held liable for this. In other words, ASIGN won't be responsible for any issues arising from your non-receipt of SMS messages if your number is on the DND list.

Opting out of communications

Know that you have the option to stop receiving any or all communications from ASIGN. If you decide you no longer want to receive communications from ASIGN, you can do so by reaching out to the provided email address in the notice clause below. This means that you retain control over your communication preferences and can choose to opt-out if desired.

Account creation and security

To use our Services, you need to create an account. When you do, you'll need to provide certain details like your name, email address, and mobile number. You will also be required to share documents like an Aadhar Card, driver's licence, PAN Card, or company registration details, you might need to share those for verification purposes. The said documents may be stored by us purely for verification and we undertake best efforts to secure the same.

Remember, it's your responsibility to keep your account secure. Don't share your password with anyone else, and if you suspect any unauthorised use of your account, let us know immediately.

Services offered

ASIGN offers a variety of Services through its Platform. These Services might change or get updated from time to time. It's always a good idea to check our Platform for the latest offerings.

Pricing

For now, creating an account and using our basic Services (browsing through the Platform) is free. But we might change the pricing at any time. ASIGN will keep you informed on such changes and will endeavour to provide reasonable prior notice before charging you.

Payment

If you need to pay for any services on our Platform, you can do so using various payment methods like credit/debit cards, online banking, and more. We tie up with payment gateway service providers to facilitate such payment. This may range from payment via UPI, RTGS, NEFT or any other acceptable mode of banking channels available under law.

Remember, ASIGN isn't responsible for any losses you might face while using our Services or third-party Services on our Platform. If there's an issue with a third-party service provider, we will not be held liable for the same.

Please bear in mind that we may store your payment information/debit card/credit card information to facilitate future payments with ease. However, the same will be stored securely as required under law. Further, disclosure of the same will be for the limited purposes of complying with the law or to facilitate payment for Services that are undertaken on the Platform.

Termination of account

You have the freedom to terminate your ASIGN account whenever you wish by reaching out to us at care@asign.art.

On our end, we also have the authority to end your ASIGN account at any time if you violate our Agreement, Privacy Policy, or for any other valid reason as determined by us and there can be no claim on us for the same. We can also stop giving you access to ASIGN if you break the rules, infringe on others' intellectual property, or for other reasons at our discretion.

If you decide to delete your account, the process starts as soon as you request it. It might take around 30 days to completely remove your content from the Platform. During this time, your profile may not be visible to others, but it will be visible to us. Rest assured, we won't share it with anyone.

If you delete your account or we disable it, this Agreement shall stand terminated.

Limitation of liability

ASIGN cannot be held responsible for any losses or damages incurred by the User when using the Services, whether provided directly by ASIGN or through a third-party Service provider on the Platform.

The User acknowledges that if there's any problem or shortcoming in the Services, including issues with third-party payment gateways on the Platform, it's the responsibility of the third-party service provider. ASIGN cannot be held accountable for such issues but will put in its best efforts to remedy the same.

Furthermore, any faults or shortcomings in the Services caused by the third-party Service provider won't be attributed to ASIGN in any way.

ASIGN won't be liable for any violation of terms and conditions if it's due to circumstances beyond our reasonable control.

Force majure

ASIGN cannot be held accountable for any failure or delay in fulfilling its obligations, either in part or in full, if such issues arise due to factors beyond our control. These factors include acts of God, war, terrorism, extreme weather, fire, explosions, floods, epidemics, pandemics, strikes, labour disputes, government actions, server downtime, hacking, cyber-attacks that may compromise the database of ASIGN, electricity or telephone service interruptions, or any other unforeseeable events that are beyond ASIGN's reasonable control.

Losses

We provide access to the Platform to facilitate your work/business. Therefore, your use of the Services provided by ASIGN could impact other stakeholders interacting with ASIGN on or via the Platform including ASIGN. Further, as the world of art is highly driven by intellectual property rights and goodwill; your representations, actions, or negligence while enjoying the Services or accessing the Platform could potentially be injurious to ASIGN as well.

Therefore, there could be a scenario where losses or damages (including reputational) are suffered by ASIGN on account of your breach of this Agreement. To that extent, you may be required as determined by ASIGN to make good our loss suffered by us on account of your direct or indirect actions. Further, we may ask you to make good our loss if such loss is borne by us on account of any claims made by persons or entities that you have hurt through our Platform.

Warranty

The User hereby warrants that all the details and information provided to ASIGN or its directors, employees, associates and/or partners while using this Platform shall be correct, accurate and genuine. To the fullest extent permissible under applicable law, ASIGN and its directors, employees, associates and/or third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from ASIGN or through the Platform will create any warranty or guarantee other than those expressly stated herein.

Disclaimers

(i) As to the Platform

The Platform as we described in the earlier part of this Agreement is an entire ecosystem that is accessible to all our users in the form you see it. In essence, no part of the Platform is customisable or is customised exclusively for your specific needs whatever they may be. Therefore, the Platform should not be construed with a notion of fitness for a particular use. The functionalities of the Platform are self-explanatory in the form of use cases. The said use case is all the Platform will perform.

Further, as is the case with the online ecosystem and the inherent nature of software, you may expect viruses or other harmful components despite us making all efforts to prevent the same. If at all you face such issues we will not be held liable for the same but we will make our best efforts to remedy the same.

(ii) As to Third Party Service Providers

As discussed above, you may interact with various third-party service providers that we tie up with to facilitate various Services and functionalities on the Platform. This may range from payment gateway providers to third-party servers/entities that collect and store your data required for us to run the Platform. While we vet such third-party service providers; you must acknowledge that your dealings with such entities are a private transaction between you and them. Therefore, we shall not be held responsible for any losses or damages that you may suffer during your interaction with them on or outside the contours of our Platform However, we will undertake our best efforts to remedy the same.

(iii) As to your operations

You are solely responsible for your conduct, and representations provided about your work to other Users on the Platform. ASIGN will not be held responsible for the same.

Non-solicitation

The User hereby acknowledges and agrees that it shall not avail of any of the Services provided by ASIGN from any of the third-party service providers engaged by ASIGN on an independent basis and/or without the involvement of ASIGN and or its Platform, which causes any damage or loss whatsoever to ASIGN during the subsistence of this Agreement and for a period of following the termination of this Agreement.

Waiver

If ASIGN fails to insist upon strict performance of your obligations under any of these Terms and Conditions, or if it fails to exercise any of the rights or remedies to which it is entitled under this Agreement, it will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by ASIGN of any default will constitute a waiver of any subsequent default, and no waiver by ASIGN of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated in writing.

Assignment

The User hereby agrees that ASIGN may transfer, subcontract or otherwise deal with ASIGN’S rights and/or obligations under this Agreement at any time without any further notice to the User. The User hereby agrees that it cannot assign or otherwise transfer, or subcontract the terms or any rights granted hereunder to any third party in any manner whatsoever.

Entire agreement

This Agreement, together with the other guidelines, rules, terms, conditions and/or policies of the Platform, including the Privacy Policy and any other arrangement/agreement about the Services, constitute the entire agreement between the User and ASIGN and shall supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and ASIGN about the subject matter hereof.

Survival

Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Confidentiality, Limitation of Liability, Indemnity, Warranty, Intellectual Property, Dispute Resolution, Governing Law and Jurisdiction. Further, any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties before such termination.

Confidentiality

The Parties hereby agree to hold each other’s proprietary or confidential information (whether in oral/physical/digital or any other form) in the strictest confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral Agreements, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer-retained information, notes, or financial information.

Intellectual property rights

All rights and title to all the intellectual property contained within the Platform including without limitation all its constituents, content, text, images, artistic work, computer programs, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, contests, and all other elements, data, information and materials (“Intellectual Property'') shall belong solely and absolutely to ASIGN. The ASIGN Platform is protected by all prevailing copyrights, trademarks, patents, trade secrets and/or other relevant intellectual property laws of the land.

No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without ASIGN’s express written permission. The User is hereby given a limited licence to use the Platform for the User’s personal and non-commercial use, subject to the User’s acceptance of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the ASIGN Platform.

Nothing on this Platform or your use of the Services shall be construed as conferring on the User or any party, any licence or other rights under the Intellectual Property or other proprietary rights of ASIGN, its affiliates or any third party, whether implied or otherwise. The User shall not use any of the Marks as own marks or as part of own marks or in any manner which is likely to cause confusion or to identify your own products or Services or to imply endorsement or otherwise of products or Services to which they do not relate or in any manner which may cause damage to the reputation of ASIGN and/or its affiliates and/or associates. The User shall not create or use any other mark that is deceptively similar to the Marks, be it for Your own use or the use of any third party. Any commercial use of any elements or information on ASIGN’s Platform, directly or otherwise, is strictly prohibited unless express written permission is obtained in advance. ASIGN shall not be responsible for claims relating to infringement of any intellectual property rights about the Service(s) and/or their Intellectual Property.

User content

The Platform may allow the User to interact with other Users by posting and publishing comments, reviews, etc. on the Platform ("User Content"). Such User Content does not reflect the views of ASIGN and ASIGN does not in any manner endorse or recommend any User Content. In no event shall ASIGN be held responsible for any User Content and/or be liable for any loss or damages resulting from publishing of the User Content on the Platform whatsoever.

ASIGN reserves the right in its sole discretion to delete, block, restrict, disable or suspend the User’s account or part thereof. Further, ASIGN shall have the sole and absolute right to take down, delete or remove any User Content from the Platform at its sole discretion. If the User is found engaging in any fraudulent/illegal activities including but not limited to the following activities i.e. abusing any of the representatives of the organisation, indulging in fraudulent activities on the Platform, using mass media and/or bots to engage with the platform, using mass media and/or bots to malign the organisation’s reputation these activities may be referred to appropriate legal authority for legal recourse. ASIGN shall not be responsible and/or liable in any manner whatsoever for the User Content published on the Platform by the User. Additionally, in relation to the posting of User Content and by continuing using the Platform or Services of Platform, the User shall not in any manner whatsoever: (“Community Guidelines”)

• Defame, abuse, harass, stalk, threaten, contact or otherwise violate the legal rights of other Users;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, especially that which may be harmful to any minor using the Platform;
• Copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Platform through any medium;
• Manipulate, amend, morph, alter or exploit any other User’s Content;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
• Engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks that are connected to the Platform);
• Attempt to gain unauthorised access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the ASIGN’s servers, or through the Platform, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace, or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
• Collect or store data about other Users in connection with the prohibited conduct and activities;
• Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
• Use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
• Falsify or delete any author attributions, legal or other proper notices proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
• Violate the Terms of Use contained herein or elsewhere; and reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information or software obtained from the Platform.

The User shall, at all times in the publishing of the User Content and/or accessing the Platform and availing the Services on the Platform remain in strict compliance with the Community Guidelines herein. ASIGN hereby reserves the right to block, suspend, terminate and/or restrict the access of the User to the Platform in any manner whatsoever for the violation of the Community Guidelines, in ASIGN’s sole discretion and such decision of ASIGN shall be final in this regard.

By submitting User Content, the User hereby grants ASIGN a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the User Content in whole or in part, including rights to use the User Content in isolation or combination with any other material. The User hereby agrees that in such circumstances, the User is not entitled to any intimation or compensation from ASIGN. Intellectual property rights in any and all improvements made to the User Content by ASIGN shall vest in ASIGN upon its creation without any charge or fee payable to the User in this regard whatsoever.

Amendment and severability

ASIGN reserves its rights to amend these Terms and Conditions from time to time, without any requirement for notice to the Users. By continuing to access or use the Service after we have posted or emailed any such modifications, the User thereby agrees to be bound by the modified Terms of Use, but solely on a going-forward basis. All the amendments made to this Agreement in future shall be read as part of this Agreement unless otherwise intended.

If any clause of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.

Governing law and dispute resolution

This Agreement shall be governed, interpreted, and construed by the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or about these Terms.

Notwithstanding the foregoing, you agree that (i) ASIGN has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Chennai, India.

All disputes arising between the Parties as to the interpretation, operation, or effect of any clause in this agreement or any other differences between the Parties that cannot be mutually resolved, shall be referred to the arbitration. The arbitration panel shall consist of a single arbitrator appointed mutually by the Parties and the venue of arbitration shall be at Chennai, India. The language of arbitration shall be in the English language. The decision of the arbitrator shall be binding on the parties. The arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 and all amendments enacted therein.

Support

If the User has any queries concerning the Services and/or the Platform, then it may address an email with such queries to care@asign.art.

Grievance officer

If the User has any grievances regarding the use of the personal information provided by the User under this Agreement concerning the processing of such information, or any other complaints about the Services offered on the Platform, please address your grievance to care@asign.art.

The Grievance Officer is identified above under the provisions of applicable laws, including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the rules enacted under those laws.