Terms and Conditions of Sale

The Terms and Conditions of Sale (“Terms of Sale”) detail the terms on which you may subscribe to or purchase print versions of books, magazines, and films or subscribe to or purchase digital versions of magazines and magazine articles (“Product”/”Products”) from TAKE on art magazine through our Website at https://takeonartmagazine.com/

In ordering any Products, you agree to be bound by our Terms of Sale, Terms of Use and Privacy Policy. The Terms of Use and Privacy Policy shall be deemed to be part of the Terms of Sale. Prior to placing an order for any Products you must click on a check box to declare that you have read and accept the Terms of Sale. Your acceptance would constitute this to be a legal, valid and binding Contract between TAKE on art magazine and you.

Please understand that if you refuse to accept these Terms of Sale, you will not be able to order any Products from our Website. In such a case you could send your comments or queries to The Marketing and Sales Department, email: takeonartmag@gmail.com to know more about other means and methods of ordering our Products.

Prior to placing any order with us and for future reference, you should print a copy of and carefully consider the Terms of Sale, Terms of Use and Privacy Policy.

These Terms of Sale being an electronic record are generated by a computer system and do not require any physical or digital signatures.

Any information contained in this Website is not intended to advertise or solicit any of our Products in any manner whatsoever.

DEFINITION OF TERMS

The “Seller”, “TAKE on art” or “We” or “TAKE” or “TAKE Magazine” shall mean TAKE on art Publishing Private Limited , a private limited company and having its registered office F-208, First Floor, Lado Sarai, New Delhi – 110030, India, and includes its successors and assigns.

The “Buyer” or “You” shall mean you as the other party to this Contract, your heirs, legal representatives, successors, and permitted assigns. 

ORDER CONFIRMATION AND PAYMENT TERMS

• The order submitted will be confirmed by the Seller through the Website or by email. If the Buyer does not receive an order confirmation, the Buyer can contact us before trying to place another order for the same Product.
• Terms of payment are within the Seller’s sole discretion, and unless otherwise agreed to by it, payment must be received by the Seller prior to dispatch of an order. Payment for the Products will be made by credit card, or some other payment method notified on the Seller’s Website. If the Buyer’s initial payment authorization is later revoked, the Buyer’s subscription or purchase of the Products, or access will be terminated.
• Products’ price does not include delivery cost, excise, customs, octroi, or other duties, taxes on sale, purchase, assignments, levies, or additional expenses occasioned by causes beyond the Seller’s control (including statutory impositions) or by Force Majeure Event. Applicable taxes may vary. The Seller is not able to notify the Buyer in advance of changes in applicable taxes.
• If a stated price for a Product is determined by the Seller in its sole discretion to be in error, the Seller is not under any obligation to offer the Buyer the subscription or Product at that price. The Seller will notify the Buyer of the error and give the Buyer the opportunity to cancel its order and obtain a refund if payment already has been made.
• The Seller reserves the right to change prices and fees at any time.
• Discount eligibility is determined at the time of placement of the order for the Products. Discounts cannot be applied with retrospective effect.
• If the Buyer believes someone else has used its account or the Buyer is being charged for a Product it did not purchase or subscribe to, the Buyer must contact Customer Service by e-mail at takeonartmag@gmail.com
• By subscribing to or purchasing a Product, the Buyer submits that all information provided during the order process is true and correct (including all credit card information), and that it is the authorized holder of the credit card.
• The Seller reserves the right to reject any order or purchase at any time. The Buyer will be notified in advance of upcoming renewals. Digital Product subscribers will be sent a renewal reminder at the end of the cycle.
• When a Buyer uses the digital Product on a mobile device or a computer, it may incur charges from its service provider, such as telecommunications fees or data fees. These fees are not included in the price, and the Buyer is solely responsible for paying them separately. The Seller will accept no liability in respect of any additional costs under any circumstances.

DELIVERY

• By placing an order for purchase or subscription for a digital Product, the Buyer agrees that the Seller may start its digital subscription or deliver its paid Product immediately and the Buyer acknowledges that it will lose its right to a refund in relation to any issue that has been published or delivered before the Buyer cancels the order.

• Subscription Delivery will start with the current issue, unless if another issue is requested by the subscriber, following receipt of payment.
• The issues purchased will be shipped out within 2-3 working days of the order being received.

• Subscribers and buyers will receive their first issue between 7 and 21 days for India customers, and likely to be longer for overseas residents depending on where they live. However, time of delivery is not guaranteed and will be extended by any delays occasioned by causes beyond the Seller’s control, including but not limited to a Force Majeure Event.

• Subscribers may check the status of their order by emailing us at takeonartmag@gmail.com

• If you experience delivery delays or other difficulties, please  send us an email at takeonartmag@gmail.com

• Delivery may be in one lot or in several lots at the Seller’s option.

PROPERTY

Notwithstanding anything to the contrary in any of the terms and conditions governing this Contract, with the delivery of the Products, the property in the Products will vest in the Buyer unless otherwise expressly stipulated.

The Buyer shall not assist third parties in accessing digital subscriptions or paid Products on an unauthorized basis, including by sharing the Buyer’s access credentials or providing any content or other materials that the Buyer obtained through a digital subscription or purchase of the Products.

In the event of any fraudulent, abusive, or otherwise illegal activity relating to the Buyer’s digital subscription or Products purchased, the Seller reserves the right to, in its sole discretion, terminate those accounts and refer the Buyer to appropriate law enforcement agencies, without any prior notice. The Buyer will be solely responsible for any loss or damage arising from any such fraudulent, abusive, or otherwise illegal activity.

MOBILE ACCESS AND JURISDICTIONAL AVAILABILITY

Some portions or components of digital subscriptions or other digital Products may be accessible only using a particular kind of device – for example, an Apple iPad. The Buyer should investigate digital subscriptions or purchase of digital Products before the Buyer pays for access to them to ensure that they will work with the Buyer’s device. The Seller does not refund any fees the Buyer paid if the digital subscription or paid digital Product ordered by the Buyer is not compatible with its device.

Some components of digital subscriptions or paid digital Products may not be available for use in every jurisdiction, and we will not refund any fees you paid if the digital subscription or paid digital Products you ordered are not available. For information on compatibility and availability, please visit the applicable supplier or provider’s website or contact us at takeonartmag@gmail.com before you subscribe or order.

DISCLAIMER OF WARRANTIES

The Seller makes no express warranties except those stated in these Terms of Sale. The Seller disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.

The Seller reserves the right to make changes to digital or print Products, without any prior warning or notice, at any time. If the Seller temporarily reduces or eliminates the charge for content or access that the Buyer is currently paying for under different terms, the Buyer will not be eligible for a refund.

LIMITATION OF LIABILITY

Under no circumstances shall the Seller or its partners, associates, suppliers, vendors, officers, trustees, agents, employees and contractors be liable for any losses or damages whatsoever including without limitation, direct, indirect, punitive, special, incidental, remote and consequential damages, loss of profits, goodwill, other tangible losses or damages whatsoever arising out of or resulting from the use of the Products or inability to use the Products; unauthorized access to your registered account or password; any other matter, whether based on warranty, contract, tort, or any other legal theory; or otherwise whatsoever in respect of this Contract.

Without prejudice, it is agreed by you that the Seller including its partners, associates, suppliers, vendors, officers, trustees, employees and contractors shall not be held cumulatively liable for any damages or claims in excess of a sum equal to the amount paid or payable by the Buyer for the subscriptions or purchases in respect of one incident or series of incidents attributable to the same cause.

EXCLUSIONS AND LIMITATIONS

The Buyer acknowledges, agrees and confirms that the disclaimers and exclusions of liability set forth in sections 7 and 8 represent a fair and reasonable allocation of the risks and benefits of the Contract between the Buyer and Seller, taking all relevant factors into consideration, including without limitation the value of the consideration provided by the Buyer and Seller. The Buyer further agrees that these disclaimers and limitations shall be enforceable to the fullest extent permitted under the applicable law.

NOTICES AND COMMUNICATION

When using the Seller’s Website, the Buyer accepts that communication with the Buyer will be mainly in electronic form. For contractual purposes, the Buyer agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that the Seller provides to the Buyer electronically at the email address provided to the Seller, complies with any legal requirement that such communications be in writing.

LINKS

The Buyer agrees and understands that in ordering any Products, the Buyer may decide to access third-party websites including partner and associate websites linked to the Seller’s Website. The Buyer undertakes that it shall read the privacy policies and terms and conditions of such websites after which the Buyer shall decide to access any third-party sites linked to this Website, entirely at the Buyer’s own risk. Any links to any partner and associate of the Website is the responsibility of the linking party, and the Seller shall not be responsible for notification of any change in name, location of any information on the site and not liable for any actions, claims, losses or damages arising thereto.

COMPLIANCE WITH APPLICABLE LAWS

This Website may be accessible from places that are out of the geographical boundaries of the Republic of India. TAKE on art makes no representation that the content or material available on the Website is appropriate for use in other locations. Visitors and users that access the Website from locations beyond the geographical boundaries of India do so at their own risk, and shall be responsible for compliance with the laws of India and the laws of their local jurisdiction.

INDEMNITY

The Buyer hereby agrees to indemnify and hold the Seller, its trustees, employees and partners, safe and harmless from, against and in respect of all actions, notices, claims, allegations, suits, investigations, judgments, settlements, demands, losses, damages, expenses, costs, liabilities or other proceedings of whatsoever nature (including attorney’s fees) arising from: (i) the Buyer’s use of and access of the Website; (ii) violation by the Buyer of any term of these Terms of Sale; (iii) the Buyer’s violation of third party rights; (iv) breach of any applicable laws.

EVENTS BEYOND SELLER’S CONTROL

The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any Contract, that is caused by events beyond the Seller’s reasonable control or a Force Majeure Event.

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the reasonable control of the Seller and includes (without limitation)

• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks;
• technical failures, server problems, virus attacks;
• the acts, decrees, legislation, regulations or restrictions of any government.

The Seller’s performance under any Contract with the Buyer is deemed to be suspended for the period that the Force Majeure Event continues, and the Seller will have an extension of time for performance for the duration of that period.

NO THIRD-PARTY BENEFICIARIES

The Buyer agrees that, except as otherwise expressly provided in these Terms of Sale, the Buyer shall not be entitled to have any third-party beneficiaries to this Contract.

GENERAL INFORMATION

• Entire Agreement. These Terms of Sale constitute the entire agreement between the Seller and the Buyer and supersedes any prior understandings and agreements between them on the subject matter of the Contract. The Buyer may also be subject to additional terms and conditions that may apply to the Buyer when using the Seller-partner and associate services.
• Waiver and Severability of Terms. The failure of the Seller to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms of Sale is found by a court of competent jurisdiction to be invalid, such provision shall be severed from the Contract and the other provisions of the Terms of Sale remain in full force and effect.
• The headings in these Terms of Sale are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Sale.
• Each of the provisions in these Terms of Sale are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Sale shall not in any way be affected or impaired thereby.

GOVERNING LAW AND JURISDICTION

The Terms of Sale (including the documents referred to and thus incorporated herein) are governed solely and exclusively by the laws of India. The Courts in New Delhi only shall have the exclusive jurisdiction in respect hereof.

CHANGE OF TERMS OF SALE

The Seller may change these Terms of Sale without notice to the Buyer. The Seller recommends that the Buyer visits these Terms of Sale from time to time to understand and be fully aware of any changes.

THIRD PARTIES

If the Buyer has purchased or subscribed to a Product offline or through a third party, these Terms of Sale may not apply to it. The Seller is not liable to the Buyer for any claims related to purchases or subscriptions made through third parties. Please contact the third party directly which would include application providers or suppliers.