Terms & Condition

Introduction

The following terms and conditions govern your engagement with this website. By accessing and utilizing this website, you confirm your acceptance of these terms and conditions in their entirety. Should you have any objections to any portion of these terms and conditions, it is recommended that you refrain from using this website.

This website utilizes cookies to enhance user experience. By navigating this site and consenting to the terms and conditions, you acknowledge and agree to Amar Singha's use of cookies as delineated in the privacy policy. Your consent permits the collection and processing of data in line with established privacy protocols.

License to use website

Intellectual property rights pertaining to the website and its content are exclusively held by Amar Singha and/or relevant licensors. All associated rights are retained by the creator, Amar Singha unless explicitly stated in the licensing provisions outlined below.

Users are permitted to view and print web pages strictly for personal use, under the specified restrictions and additional terms and conditions.

YOU MUST NOT:

The reproduction of materials from this website, including but not limited to republication on another website, is strictly prohibited without prior written consent.
It is forbidden to sell, rent, or sublicense materials obtained from the website.
Exhibiting any materials from the website in a public setting is not permitted.
The reproduction, duplication, or any other form of exploitation of materials from this website for commercial purposes is not allowed.
Modification or editing of any content from the website is prohibited.
Furthermore, redistribution of materials from this website is not permitted, except for content that is specifically and expressly made available for redistribution, without the explicit permission of Amar Singha.

Acceptable use

You are prohibited from using this website in any manner that may result in damage to the website or impair its availability or accessibility. Furthermore, you shall not engage in any activities that are unlawful, illegal, fraudulent, or harmful, nor shall you connect the use of this website with any unlawful or fraudulent purposes or activities.

You must abstain from copying, storing, hosting, transmitting, sending, utilizing, publishing, or distributing any materials that consist of, or are linked to, any forms of spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other types of malicious software.

You are also prohibited from conducting any systematic or automated data collection activities, including but not limited to scraping, data mining, data extraction, and data harvesting, concerning this website without the express written consent of Amar Singha.

Moreover, you must not use this website to transmit or send unsolicited commercial communications. Any marketing-related activities using this website are strictly forbidden without the express written consent of Amar Singha.

Restricted access

Access to certain sections of this website is subject to restrictions. Amar Singha maintains the right to limit access to specific areas or the entirety of the website at its discretion.

Should Amar Singha issue a user ID and password for accessing restricted content or services, it is your responsibility to maintain the confidentiality of these credentials.

Amar Singha also reserves the right to deactivate your user ID and password at its sole discretion, without prior notice or justification

User content

In these terms and conditions, "your user content" encompasses any materials—including, but not limited to, text, images, audio, video, and audiovisual media—that you submit to this website for any purpose.

You grant Amar Singha a worldwide, irrevocable, non-exclusive, royalty-free license to utilize, reproduce, modify, publish, translate, and distribute your user content across any current or future media. Additionally, you grant Amar Singha the authority to sublicense these rights and to initiate legal action against any infringement of these rights.

Your user content must comply with all legal requirements, must not infringe upon the legal rights of any third party, and must not create potential legal liabilities for you, Amar Singha, or any third party under applicable law.

You are prohibited from submitting any user content that has been subject to threatened or actual legal proceedings or similar complaints.

Amar Singha reserves the right to edit or remove any user content submitted to the website, stored on Amar Singha's servers, or published on the website at its discretion.

Despite Amar Singha's rights regarding user content as outlined in these terms and conditions, there is no obligation for Amar Singha to actively monitor submissions or the publication of such content on the website.

No warranties

This website is offered on an "as is" basis, devoid of any express or implied representations or warranties. Amar Singha disclaims any representations or warranties regarding the website and the information or materials it contains.

Specifically, Amar Singha does not guarantee that:

- The website will be available consistently, or at all; or
- The information presented is comprehensive, accurate, truthful, or free from misleading content.

Furthermore, the content on this site should not be interpreted as professional advice. For inquiries requiring legal, ethical, or medical guidance, it is advisable to consult a qualified professional.

Limitations of liability

Amar Singha disclaims any liability to users—whether arising under contract law, tort law, or any other legal framework—regarding the use of this website, including its content or any associated activities, as follows:

Since the website is provided at no charge, Amar Singha shall not be responsible for:

- Any direct losses incurred;
- Any indirect, special, or consequential damages;
- Any losses related to commercial activities, including revenue, income, profits, or expected savings;
- Losses pertaining to contracts or business relationships;
- Damages to reputation or goodwill;
- Any corruption or loss of information or data.

These liability limitations remain in effect even if Amar Singha has been explicitly notified of the potential for such losses.

Terms and Conditions for the Acquisition of Artwork from this Website.

Artworks from this website can be purchased by individuals with the consent of the following terms and conditions.

A. All artworks are protected under the copyright law. Any duplication or reproduction in any form will be prosecuted as a serious infringement.

B. Artist Amar Singha retains all copyright ownership of original paintings, even after a purchase.

C. Artworks will be dispatched to collectors via the Government of India’s worldwide speed post service.

D. Shipment occurs within 3 to 5 business days. Buyers will receive timely notifications upon dispatch.

E. Artworks will be shipped in a rolled format to minimize shipping and packaging costs.

F. The prices listed for each painting do not include shipping fees. Final payments will incorporate shipping costs based on the buyer's location. Currently, we provide complimentary shipping worldwide.

G. All shipments require 100% pre-payment. An electronic invoice will be available for download upon order confirmation. In the event of multiple orders received within a week, processing will follow a 'first-come-first-serve' basis, which may lead to delays. Buyers will be informed accordingly.

H. Each original painting comes with an authentication certificate and relevant paperwork, duly signed by the artist.

I. We guarantee a full refund only if the artwork arrives damaged. If you receive a damaged parcel, do not accept it and promptly notify the artist, preferably with photographic evidence. No request for a return will be entertained for the reason that the buyer did not like the artwork.

J. Requests for payments via checks or postal money orders will not be accommodated.

K. Shipping costs will be determined by the destination and weight of the package.

L. This website does not retain or utilize personal buyer information. Email addresses and phone numbers are solely used for correspondence or monthly newsletters, with the buyer's consent. Unsubscribing from the newsletter is available at any time.

M. In the event of unforeseen circumstances that affect shipping, we will notify you prior to dispatch and refund any payments received. During specific situations (e.g., artist absence or government-declared emergencies), all customer service operations may be suspended. Notices will be posted on our website. Please refrain from placing orders during these notifications as they will be held until conditions stabilize.

N. Discounts on original paintings may occasionally be offered exclusively to subscribers. Buyers can request a discount from the artist, who will consider such requests under appropriate circumstances. If approved, a separate PayPal payment link will be sent to you. Subscribers to our monthly newsletter will receive discounts and free shipping offers.

O. We reserve the right to amend any of the above terms and conditions without prior notification.

Exceptions

This website disclaimer does not aim to exclude or limit any statutory warranties that cannot be legally excluded or limited. Furthermore, it does not seek to restrict Amar Singha's liability regarding:

1. Death or personal injury resulting from Amar Singha's negligence.
2. Fraud or fraudulent misrepresentation committed by Amar Singha, nor does it address issues where exclusion or limitation of liability would be deemed illegal or unlawful.

Reasonableness

By accessing this website, you acknowledge that the stated exclusions and limitations of liability detailed in the disclaimer are deemed reasonable.

Should you find these terms unacceptable, you are advised against using this website.

other parties

As a limited liability entity, Amar Singha prioritizes minimizing the personal liability of its officers and employees. You acknowledge that you will not pursue any personal claims against Amar Singha's officers or employees for any losses incurred in relation to the website.

Moreover, the limitations of warranties and liability outlined in this website disclaimer extend protection not only to Amar Singha but also to its officers, employees, agents, subsidiaries, successors, assigns, and subcontractors.

Unenforceable provisions

In the event that any clause of this website disclaimer is deemed unenforceable under relevant legal standards, the validity of the remaining provisions will remain intact and enforceable.

Indemnity

You agree to indemnify Amar Singha and to hold Amar Singha harmless from any losses, damages, costs, liabilities, and expenses incurred, including but not limited to legal fees and any amounts Amar Singha may pay to a third party in settlement of a claim or dispute based on the recommendations of legal counsel. This indemnity applies to any damages resulting from your breach of these terms and conditions, or from any claims asserting that you have violated any provision of these terms.

Breaches of these terms and conditions

Without limiting Amar Singha's other rights as outlined in these terms and conditions, any breach of these terms may result in Amar Singha taking measures deemed appropriate to address the violation. Such measures may include the temporary suspension of your access to the website, outright prohibition from accessing the website, blocking IP addresses associated with your account, informing your internet service provider to restrict your access, or initiating legal action against you.

Variation

Amar Singha reserves the right to update these terms and conditions periodically. The revised terms will take effect on the date they are published on this website. It is advisable to review this page frequently to stay informed about the latest version.

Severability

In the event that any clause within these terms and conditions is ruled unlawful or unenforceable by a competent judicial or regulatory authority, the remaining clauses shall remain valid and enforceable. Furthermore, if an unlawful or unenforceable clause could become valid or enforceable by the exclusion of specific language, that language will be considered severed, thereby allowing the balance of the clause to remain effective.

Entire agreement

This document, along with the accompanying privacy policy, forms the complete contractual framework governing your interaction with Amar Singha regarding your use of this website. It effectively overrides any prior agreements related to your engagement with the website.

Law and jurisdiction

These terms and conditions shall be interpreted and governed by the applicable governing law. Any disputes arising under these terms will fall under the jurisdiction of the courts located in Jangipur, Murshidabad, West Bengal, India, which shall possess non-exclusive jurisdiction over such matters.

Amar Singha details

You can contact Amar Singha by email to contact@amarsingha.org