Terms of Service
Effective Date: [Insert Effective Date]
These Terms of Service ("Terms") govern your access to and use of the website, services, facilities, programs, workshops, studio spaces, advisory services, and related offerings provided by KALASH IMPEX PRIVATE LIMITED ("Company," "we," "us," or "our"), operating as an art-studio business through the website nilpimstimpax.pro.
By accessing, browsing, booking, purchasing, attending, or otherwise using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our services.
1. Introduction and Acceptance of Terms
These Terms form a legally binding agreement between you and KALASH IMPEX PRIVATE LIMITED. They apply to all users, including visitors, customers, participants, clients, guardians of minors, and any other persons who access or use our services.
By making a booking, submitting an inquiry, paying for a service, attending a workshop, using studio space, or engaging us for artistic services, you confirm that:
- you are legally capable of entering into a binding contract;
- you have authority to act on behalf of any person or entity you represent;
- you accept these Terms in full; and
- you will comply with all applicable policies, instructions, and safety requirements.
2. Scope of Services
KALASH IMPEX PRIVATE LIMITED provides art-related services, which may include, without limitation:
- painting and drawing courses;
- custom art workshops for groups;
- portrait and illustration commissions;
- rental of studio space;
- creative courses for children and youth;
- artistic consulting and project guidance; and
- any related educational, creative, or support services offered through our website, by email, by phone, or in person.
We may update, modify, suspend, or discontinue any service at any time, subject to applicable law and any confirmed booking or written agreement.
Unless expressly stated otherwise in writing, all services are provided on a best-efforts basis and may be subject to availability, capacity, scheduling constraints, instructor availability, studio rules, and safety considerations.
3. User Obligations and Responsibilities
You agree to use our services responsibly and lawfully. You must not:
- provide false, incomplete, or misleading information;
- misuse studio equipment, materials, or facilities;
- disrupt classes, workshops, or other participants;
- engage in abusive, discriminatory, threatening, or unlawful conduct;
- copy, record, reproduce, or distribute course materials without permission;
- bring prohibited items, hazardous substances, or unsafe materials into the studio;
- damage property belonging to the Company, instructors, other participants, or third parties; or
- use our services for any unlawful, fraudulent, or unauthorized purpose.
You are responsible for:
- ensuring that any information you provide is accurate and current;
- supervising minors under your care, where applicable;
- following all safety instructions, studio rules, and instructor guidance;
- bringing any relevant medical, accessibility, or safety concerns to our attention in advance; and
- maintaining the confidentiality of any account credentials or booking details, if applicable.
For children’s and youth programs, a parent or legal guardian must provide consent where required by law and remains responsible for the child’s conduct, attendance, and compliance with these Terms.
4. Payment Terms and Conditions
Fees, pricing, taxes, and payment schedules for our services will be communicated at the time of booking, quotation, invoice, or written agreement. Unless otherwise agreed in writing:
- all prices are payable in the currency specified by us;
- payments must be made in full before the service begins, where prepayment is required;
- booking confirmations may be subject to receipt of deposit or full payment;
- any applicable taxes, levies, or charges may be added as required by law;
- late payments may result in suspension, cancellation, or refusal of service;
- you are responsible for any bank charges, transfer fees, or payment processor fees charged by your financial institution or payment provider.
For commissioned artwork, custom workshops, or studio rentals, we may require an advance deposit. Deposits may be non-refundable to the extent permitted by law and may be applied toward administrative, preparation, or reservation costs.
If a payment is reversed, disputed, or charged back without valid reason, we reserve the right to suspend services, cancel bookings, recover associated costs, and pursue all available remedies.
5. Cancellation and Refund Policy
Cancellation and refund terms may vary depending on the type of service, booking date, duration, and preparation required. Unless a separate written agreement provides otherwise, the following general rules apply:
- Workshops and courses: cancellations made within the stated notice period, if any, may qualify for a partial refund or rescheduling, subject to administrative deductions.
- Custom group workshops: deposits and preparation fees may be non-refundable once planning, materials procurement, or scheduling has begun.
- Portrait and illustration commissions: once work has commenced, refunds may be limited or unavailable, especially for completed stages, concept development, or approved drafts.
- Studio space rental: cancellations may be subject to notice requirements and may incur cancellation fees.
- Children’s and youth programs: refunds may be limited where materials have been purchased, seats reserved, or staffing arranged.
We may cancel or reschedule a service due to insufficient enrollment, instructor unavailability, safety concerns, force majeure, or other operational reasons. In such cases, we may offer a refund, credit, or rescheduled session at our discretion, subject to applicable law.
No refund will be due for missed sessions, late arrival, early departure, failure to attend, or removal from a service due to misconduct or breach of these Terms.
6. Liability Limitations
To the maximum extent permitted by applicable law, KALASH IMPEX PRIVATE LIMITED shall not be liable for:
- indirect, incidental, special, consequential, or punitive damages;
- loss of profits, revenue, business, goodwill, or anticipated savings;
- loss, theft, or damage to personal property brought onto the premises;
- injury or harm resulting from failure to follow instructions, safety rules, or warnings;
- delays or failures caused by third parties, internet issues, payment processors, or force majeure events; or
- outcomes of artistic, educational, or advisory services that depend on subjective judgment, participant effort, or third-party cooperation.
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful, including liability for fraud, wilful misconduct, or any non-excludable consumer rights under applicable law.
Where liability cannot be excluded, our total aggregate liability arising out of or in connection with any service shall be limited to the amount paid by you for the specific service giving rise to the claim, to the extent permitted by law.
7. Intellectual Property Rights
All website content, course materials, workshop designs, lesson plans, images, text, graphics, logos, branding, templates, and other materials provided by KALASH IMPEX PRIVATE LIMITED are protected by intellectual property laws and remain our property or the property of our licensors, unless otherwise agreed in writing.
You may not copy, reproduce, modify, distribute, publish, display, sell, license, or create derivative works from our materials without our prior written consent, except to the extent permitted by mandatory law.
Unless otherwise agreed in writing, commissioned artwork becomes the property of the client only to the extent expressly transferred in the commission agreement. We may retain ownership of preparatory sketches, concepts, methods, and underlying know-how. We may also retain the right to display commissioned work in our portfolio, website, social media, exhibitions, or promotional materials, unless the client objects in writing before completion or unless otherwise agreed.
If you submit ideas, feedback, testimonials, images, or other content to us, you grant us a non-exclusive, worldwide, royalty-free license to use such content for business, operational, and promotional purposes, subject to applicable law and any agreed confidentiality obligations.
8. Data Protection and Privacy
We collect, use, store, and process personal data in connection with bookings, payments, communications, service delivery, safety, marketing, and legal compliance. We handle personal data in accordance with our privacy practices and applicable data protection laws.
Depending on the nature of your interaction with us, we may process:
- contact details such as name, email address, and phone number;
- booking and attendance information;
- payment and invoicing details;
- communications and support requests;
- images or recordings where consent is obtained or where otherwise lawful;
- information necessary for health, safety, or accessibility accommodations, where provided by you voluntarily or as required.
We may share personal data with service providers, payment processors, IT vendors, legal advisors, or authorities where necessary for service delivery, compliance, fraud prevention, or legal obligations.
You are responsible for ensuring that any personal data you provide about another person, including a child, is shared lawfully and with appropriate consent where required.
9. Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including but not limited to:
- natural disasters, fire, flood, earthquake, or severe weather;
- war, terrorism, civil unrest, strikes, labor disputes, or government action;
- pandemics, epidemics, public health emergencies, or quarantine restrictions;
- power outages, internet failures, transport disruptions, or supply shortages;
- equipment failure not caused by our gross negligence; or
- any other event that makes performance impracticable or impossible.
In such circumstances, we may postpone, reschedule, modify, or cancel affected services without liability, subject to applicable law and any specific written agreement.
10. Changes to Terms
We may revise these Terms from time to time to reflect changes in our services, operations, legal requirements, or business practices. The updated Terms will be posted on our website or otherwise communicated to you, and the revised version will take effect on the date specified in the update.
Your continued use of our services after any changes become effective constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our services.
11. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws applicable in India, without regard to conflict of law principles, unless mandatory consumer protection rules provide otherwise.
Subject to any mandatory legal rights you may have, the courts having competent jurisdiction in Rajasthan, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, our services, or any related transaction.
Where applicable law requires a different forum, venue, or dispute resolution process, such mandatory requirements shall prevail to the extent necessary.
12. Contact Information
If you have any questions, complaints, requests, or notices regarding these Terms or our services, please contact:
- Company: KALASH IMPEX PRIVATE LIMITED
- Address: 11, KRISHNA STREET, NEAR AMLI-ON KI BARI, BHILWARA, Rajasthan, India - 000000
- Email: [email protected]
- Phone: +91 22 5678 4321
- CIN: U51101RJ1996PTC011708
- Website: nilpimstimpax.pro
We may require reasonable verification of identity before responding to certain requests or disclosing information.
13. Severability Clause
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or competent authority, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
If any invalid or unenforceable provision can be modified to make it valid and enforceable, it shall be deemed modified to the minimum extent necessary to achieve that result while preserving the original intent as closely as possible.
These Terms constitute the entire agreement between you and KALASH IMPEX PRIVATE LIMITED regarding the subject matter herein, unless supplemented by a separate written agreement signed by both parties.