Terms and Conditions & Privacy Policy

Effective Date: 5th May, 2025


📧 Contact: learn@umashreetaparia.com
🌐 Website covered: www.umashreetaparia.com

TERMS & CONDITIONS

Welcome to umashreetaparia.com, a platform lovingly built and maintained by Umashree Taparia ("Owner"). These Terms & Conditions ("Terms of Service") govern your access to and use of this Website and any content, services, or resources provided, whether paid or free (collectively, the "Services"). Please read them carefully before using the site.

By accessing or using our Website, purchasing any of our offerings, or interacting with any content, you accept and agree to be legally bound by these Terms & Conditions. If you do not agree with these terms, you must discontinue use of the Website immediately.

1. DEFINITIONS

  • Owner, We, Us, Our: Refers to Umashree Taparia, sole proprietor and operator of the website umashreetaparia.com, including any staff, affiliates, or authorized service providers acting on her behalf.

  • User, You, Your, Client: Refers to any individual or entity who accesses the Website, purchases products, or engages with the Services.

  • Parties: Collectively refers to both the Owner and the User.

2. ASSENT & ACCEPTANCE

By using the Website, you confirm that you have read, understood, and agree to be legally bound by these Terms of Service, along with our Privacy Policy and any other guidelines or disclaimers posted on the site. Continued use of the Website following the publication of updates to these terms constitutes your acceptance of the changes.

3. ABOUT THE SITE

umashreetaparia.com is a digital platform offering:

  • Premium and free gouache and watercolor art courses

  • Guided creative challenges and live workshops

  • Downloadable painting resources (PDFs, supply guides, etc.)

  • Access to private artist communities for peer connection and feedback

  • Inspirational content rooted in creativity, expression, and gentle encouragement

This Website is designed for educational and creative development. It is not intended for resale, reproduction, or redistribution of its contents. We reserve the right to modify or discontinue the Website or Services at any time.

4. LICENSE TO USE WEBSITE

The Owner grants you a limited, revocable, non-exclusive license to access and use the Website and its content solely for personal, non-commercial use. You may not:

  • Reproduce or distribute any part of the content for commercial gain

  • Modify or create derivative works based on course materials

  • Share access credentials or transfer your course account

Violation of these terms will result in immediate termination of your access without refund, and may lead to legal action.

5. INTELLECTUAL PROPERTY

All materials on this Website—including but not limited to course videos, lesson PDFs, artwork, images, logos, brand assets, writing, and design—are protected under applicable intellectual property laws and are the exclusive property of the Owner.

By posting or submitting any content to the Website or associated platforms (e.g., Facebook groups, Instagram tags or DMs), you grant the Owner a non-exclusive, royalty-free, worldwide license to use, publish, and display your submission for educational or promotional purposes, unless otherwise agreed in writing.

6. USER OBLIGATIONS

When using the Website, you agree to:

  • Provide truthful and complete information during registration

  • Keep your account credentials confidential

  • Notify us of any unauthorized access or suspicious activity

  • Avoid sharing course content with others outside your account

Any violation of these obligations may result in immediate suspension or termination of your account.

7. PAYMENTS & FEES

All prices listed are final unless stated otherwise. Payments are securely processed via third-party gateways (e.g., Stripe, Razorpay, ThriveCart). Payment plans, where offered, are binding. By selecting a split-pay or installment option, you commit to paying the full course fee across the designated schedule.

Refund Policy: All purchases are non-refundable due to the digital and intellectual property nature of our content. Please review course descriptions and previews carefully before purchase.

8. ACCEPTABLE USE

You agree not to use the Website or Services to:

  • Harass, threaten, or infringe upon the rights of others

  • Spread malware or spam

  • Attempt to bypass security features

  • Publish or distribute unlawful, defamatory, or discriminatory content

We reserve the right to report violations to relevant authorities and ban access permanently.

9. COMMUNICATION

By using the Website, you agree to receive updates, promotional emails, and service-related communication from us. You may opt out of marketing emails at any time, but not transactional messages related to purchases.

10. PRIVACY INFORMATION

We collect information such as your name, email address, location, and course activity to provide a seamless experience. Cookies may be used to personalize content and analyze performance. Disabling cookies may limit your use of certain features.

We will never sell your data to third parties. For full details, please refer to our Privacy Policy.

11. SALE OF GOODS/SERVICES

Our digital courses and resources are clearly described on their respective sales pages. All efforts are made to ensure accuracy in product descriptions, images, and features. However, we cannot guarantee results or experiences as learning is subjective and self-paced.

12. REVERSE ENGINEERING & SECURITY

You agree not to:

  • Reverse engineer, decompile, or attempt to extract the source code of our platforms

  • Engage in activities that compromise security or the integrity of our systems

13. DATA LOSS

We maintain a secure infrastructure but are not responsible for data loss resulting from user error, hacking, or third-party service failures. You are advised to keep your own backups of any shared submissions or assignments.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Owner and affiliates from any claims, damages, liabilities, or costs (including attorney's fees) arising from your misuse of the Website, breach of these Terms, or violation of rights of a third party.

15. SPAM POLICY

We maintain a zero-tolerance policy toward spam. You may not use this Website, its Services, or associated platforms to:

  • Collect email addresses or personal data without consent

  • Send unsolicited or bulk communications (commercial or otherwise)

  • Post promotional content not related to our Services within community areas

  • Impersonate the Owner or create misleading communications

Violations of this policy may result in immediate termination of your account, removal from communities, and reporting to the appropriate authorities.

16. THIRD-PARTY LINKS

Our Website may include references or links to external websites, services, or products that are not owned or operated by the Owner. These are provided solely for your convenience and educational interest.

We do not control or endorse the content, offerings, or privacy practices of these third-party websites and are not responsible for any harm or damages arising from your access to or use of such third-party resources.

Before engaging with any third-party website, you should review their terms, conditions, and privacy policies. Your interactions with any third party are solely between you and the third party.

17. MODIFICATION OF TERMS

We reserve the right to update, modify, or revise these Terms & Conditions at any time and for any reason. Changes may reflect new features, legal compliance, or business updates.

Modifications will be posted on this page with the revised “Effective Date.” It is your responsibility to review these Terms periodically to stay informed of any changes. Continuing to use the Website after such modifications indicates your acknowledgment and agreement to the updated Terms.

If you do not agree to the modified Terms, you should discontinue use of the Website and its Services. Any previous version of the Terms will be superseded by the most recent version unless otherwise stated explicitly.

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and disclaimers, constitute the entire agreement between you and the Owner regarding your use of the Website.

19. SERVICE INTERRUPTIONS

We strive to ensure uninterrupted access but do not guarantee 100% uptime. Planned or emergency maintenance may affect availability.

20. TERMINATION

We reserve the right to terminate or suspend your access without notice for violation of these Terms. Outstanding payments will remain due.

21. NO WARRANTIES

All Services are offered “as is” without warranties of any kind. We make no guarantees regarding course outcomes, access stability, or accuracy of third-party links.

22. LIMITATION OF LIABILITY

To the fullest extent permitted under applicable law, the Owner shall not be liable for any direct, indirect, incidental, consequential, or special damages that result from the use of, or the inability to use, the Website or Services. This includes but is not limited to damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, data, goodwill, or other intangible losses, even if the Owner has been advised of the possibility of such damages.

This limitation applies to all causes of action, whether based on contract, tort (including negligence), strict liability, or any other legal theory. You acknowledge and agree that your sole and exclusive remedy for dissatisfaction with the Website, Services, or any related content is to stop using the Website and Services.

23. GOVERNING LAW & JURISDICTION

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of the State of Maharashtra, India, without regard to its conflict of law provisions.

By accessing or using the Website and Services, you irrevocably agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the courts located in Mumbai, Maharashtra, and you hereby consent to the jurisdiction and venue of such courts.

You further waive any objection based on forum non conveniens or similar grounds. This includes any objection to the laying of venue based on inconvenience or the location of evidence or witnesses.

In the event of a dispute, the parties agree to first attempt to resolve the matter through mutual discussion and negotiation. If the matter remains unresolved, both parties may seek remedy through the appropriate legal forum in Mumbai, Maharashtra.

Nothing in these Terms shall prevent the Owner from seeking injunctive relief in any jurisdiction to protect its intellectual property or confidential information.

This section is intended to ensure clarity and fairness in the event of any legal proceedings and to provide a predictable legal environment for both you and the Owner.

24. RELIGIOUS DISCLAIMER

Some content may reference concepts from Hindu philosophy, such as karma or dharma, as part of broader creative or personal development discussions. These are shared with respect and inclusivity, without promoting any religious doctrine.

We welcome individuals from all backgrounds, and participation in such content does not require adherence to any specific faith. We encourage open-minded engagement with all philosophical references.

25. MEDICAL DISCLAIMER

Our content is not intended to diagnose, treat, or provide medical advice. If you are dealing with trauma, anxiety, depression, or emotional distress, we encourage you to seek guidance from licensed mental health professionals.

Information presented on the Website or within courses is provided for educational and informational purposes only. The Owner does not assume responsibility for any consequences arising from the use or misuse of this content.

Using the Website does not constitute a professional-client relationship. You remain fully responsible for your own physical, emotional, and mental well-being.

PRIVACY POLICY

Article 1 – DEFINITIONS

  • APPLICABLE WEBSITE: Refers to www.umashreetaparia.com ("Website"), including any current or future mobile applications or subdomains that may be created and maintained by the Owner.

  • DATA CONTROLLER: Refers to Umashree Taparia, the legal owner and operator of the Website, responsible for the collection, management, and protection of user data.

  • YOU / USER: Refers to the individual who accesses or uses the Website, regardless of whether they make a purchase, register an account, or use the Services as a guest.

  • SERVICES: Refers to any and all offerings made available through the Website, including digital courses, workshops, content downloads, email newsletters, communities, and customer support.

  • PERSONAL DATA: Any information that directly or indirectly identifies an individual, including but not limited to name, email, phone number, address, payment details, IP address, and device/browser data.

Article 2 – GENERAL INFORMATION

This Privacy Policy outlines how we collect, store, use, and disclose your Personal Data, along with the legal basis and purpose for such processing. This policy is intended to provide transparency, in compliance with data protection regulations applicable under Indian law and international best practices (such as GDPR).

If you disagree with any term herein, you must immediately cease using our Website and Services. Continued use signifies your consent to all terms in this policy.

Article 3 – CONTACT

Data Controller: Umashree Taparia
📧 Email: learn@umashreetaparia.com

You may contact the Data Controller for any questions or concerns regarding your Personal Data or this policy.

Article 4 – LOCATION

The Website and its infrastructure are located and maintained in India, with the principal place of business in Maharashtra. All data processing activities occur within Indian jurisdiction and are subject to the applicable laws of India.

Article 5 – MODIFICATIONS

We may revise this Privacy Policy at any time, without prior notice. Updates will be posted on this page with a new “Effective Date.”

It is your responsibility to periodically check this policy. Your continued use of the Website following any changes constitutes your acceptance of those changes.

Article 6 – DATA COLLECTED

We collect Personal Data both directly (provided by you) and indirectly (through automated technologies).

Voluntary Data Collection:

  • When creating an account

  • When subscribing to emails

  • During course or product checkout

  • Through contact forms or surveys

Types of Data Collected:

  • Full Name

  • Email Address

  • Billing/Shipping Address

  • Phone Number

  • Payment Information (processed via third-party gateways)

Additional Optional Data:

  • Social media handles (if connected or submitted)

  • Personal preferences, survey responses, or testimonials

Article 7 – COOKIES & TRACKING TECHNOLOGIES

We use cookies and similar technologies to improve your browsing experience and gather aggregate Website usage data.

Cookies help us:

  • Understand how visitors interact with the Website

  • Recognize returning users

  • Remember your preferences

  • Track performance and analytics (e.g., Google Analytics)

You can manage or block cookies through your browser settings. However, this may affect functionality.

Article 8 – THIRD PARTIES

We use reputable third-party service providers to assist in delivering our Services, including (but not limited to):

  • Payment processors (e.g., Stripe, Razorpay)

  • Email marketing platforms (e.g., Flodesk, ConvertKit)

  • Course hosting and checkout providers (e.g., Systeme.io, ThriveCart)

  • Analytics tools (e.g., Google Analytics, Meta Pixel)

These providers are under contract to handle data in a secure and lawful manner.

We do not sell or lease your Personal Data to any other business or entity.

Article 9 – DATA SECURITY

We implement physical, technical, and administrative safeguards to protect your Personal Data against unauthorized access, disclosure, or misuse.

Security measures include:

  • Encrypted SSL connections

  • Role-based access control

  • Secure cloud storage

  • Regular backups and software updates

However, we cannot guarantee absolute security. By using the Website, you acknowledge these limitations.

Article 10 – PURPOSES OF USE

We use your Personal Data to:

  • Process your orders and payments

  • Provide access to digital courses and communities

  • Deliver transactional and marketing emails

  • Improve Website performance and functionality

  • Respond to support inquiries

  • Fulfill legal or contractual obligations

Article 11 – DISCLOSURE

We may disclose Personal Data only when legally required or when necessary to:

  • Comply with a court order or legal obligation

  • Enforce our Terms of Service

  • Prevent fraud or unauthorized activity

  • Protect the safety of other users or the public

Article 12 – OPTING OUT

You can opt out of receiving marketing emails at any time by clicking “Unsubscribe” in any of our emails or by contacting learn@umashreetaparia.com.

You may still receive transactional communications related to purchases or account activity.

Article 13 – ACCESS, MODIFY, DELETE

You have the right to:

  • Request a copy of your stored Personal Data

  • Correct or update inaccurate data

  • Delete your account and all associated information

To make such a request, email learn@umashreetaparia.com with the subject line “Data Request.”

Article 14 – ACCEPTANCE OF RISK

No method of data transmission over the Internet is 100% secure. By using our Website, you acknowledge and accept the inherent risks of data transmission and agree that you are using the Website at your own discretion.

Article 15 – YOUR RIGHTS

You may exercise the following rights:

  • Right to access your personal data

  • Right to rectification

  • Right to erasure (“right to be forgotten”)

  • Right to restrict processing

  • Right to object to processing

  • Right to data portability

Requests may be submitted to learn@umashreetaparia.com. We will respond within a reasonable timeframe, in accordance with applicable laws.