TERMS AND USE AND USER AGREEMENT
This Agreement is effective from September 01, 2019 and continues until revoked by the Company.
1. DEFINITION OF SERVICES
1.1 The Company provides software services as well as online music classes (“Services”)
2. Terms and Conditions of Use
2.1 For Users
2.1.1 In order to use the Site you must register as a user (“Subscriber” or “Member”). Even if you do not register you will still be permitted to use the Site’s free content, subject to compliance with this Agreement.
2.1.2 We reserve the right to modify or totally change this User Agreement any time and as many time with no notice. Liability to review this User Agreement time to time lies with the user. If you continue using, visiting and taking Services from us after any change in User Agreement, this will be considered acknowledgment and agreement of the changed or modified User Agreement.
2.1.3 The information and material provided on the Site may be used for informational purposes only. By using, accessing or downloading materials from this Website you agree to follow the terms and provisions as outlined in this Agreement, which apply to all visits that you make, both now and in the future. The Company reserves the right at its sole discretion to review the activity and status of each account and block the account of a member based on such review.
2.1.4 User hereby confirms that as on date of subscription, the user does not have any objection to receiving emails, text messages and calls from the Company. This consent extends to emails, messages or calls relating to the Services being provided. Additionally, in order to protect the Company from any abuse, we reserves the right to take appropriate steps as it deems fit at its sole discretion in order to protect the interest of other subscribers.
2.1.5 User agrees that Company is just a platform for availing Services from service providers. Cancellation of bookings or reschedule of bookings is not under our control. In event of any conflict or disagreement between user and service providers, the user is independent to take necessary action against the service provider, with or without our involvement.
2.1.6 User agrees that some Services require materials to be procured. User must arrange the material at his own cost or may take help of the service providers.
2.1.7 If the Services require the entry of service provider at user’s premises, user must ensure supervision over the service provider.
2.1.8 Unsatisfactory services: User consents and agrees that in no case will the Company be made responsible or liable of any misbehaviour, bad service or anything else but must be made aware of the same to take necessary action against the service providers.
3.1 To register as a member of the Site, you must be of sound mind. By using this Site, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from availing our Services. You also agree to abide by all of the terms and conditions of this Agreement. If at any time the Company is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility, the Company reserves the right to forthwith terminate your subscription and / or your right to use the Service, without any refund to you, for any of your unutilized subscription fee, if any.
3.2 User and Service Provider represents that they are not minors (18 or above) and are not persons with any criminal record nor barred by the government from receiving any services under any law in India. User and service provider agree to the following:
• Provide accurate, current, true and complete information about them while registering on our Website or App.
• Maintain and promptly update your profile and registration data to keep it accurate, true, current and complete.
3.3 Under an event of information being found incomplete, false or inaccurate, we reserve the right to delete, terminate or deactivate your account without any notification or intimation and refuse any current or future use of our Website and/or App.
3.4 When you register on our Website and/or App, you will be required to choose a username and a password. You are responsible for maintaining the confidentiality of your password and account information. You must immediately notify Company of any unauthorized use of password or account or any other security breach.
3.5 You are liable for maintaining the confidentiality of any login information associated with any account you use to access the Services or resources, and thus you are also responsible for all activities that occur on your account. You will be solely responsible for any consequences, losses, or damages that the Company may directly or indirectly incur or suffer due to any illegal or unauthorized activities conducted by you or person engaged by you.
4. PROPRIETARY RIGHTS AND TRADEMARKS
4.1 The Site contains copyright material, trademark and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. All proprietary material displayed on the Site or provided on demand, is copyrighted as a collective work either owned by the Company or licensed from a third party.
4.2 The Company owns copyright in the selection, coordination, arrangement and enhancement of such proprietary material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or in part. User may download copyrighted material for user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
5. DISCLAIMER AND LIABILITY
5.1 User and service provider expressly agree that use of Services is at their sole risk. Neither the Company its affiliates nor any of its respective employees, agents, service providers, third party agents warrant that the Company’s Services will be uninterrupted, faulty or error free. The Company makes no representations about the accuracy of the information contained in the material provided and graphics on this Website for any purpose. The Company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, shall the Company be liable to any party for any direct, indirect, special or other consequential damages for any use of the Services, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Company is expressly advised of the possibility of such damages. The Company is not responsible for any incorrect or inaccurate content provided to the user or service provider whether on the Site or otherwise. The user and service provider must use its discretion before availing Services of the Company.
5.2 User and service providers agree and assure to not hold the Company, its employees, agents, directors, officer bearers, managers, investors, donors, and licensors responsible, for and against all losses, whether financial, intellectual, mental, physical (including misuse of debit / credit card and online banking facilities) or otherwise, expenses, damages and costs, including reasonable attorneys’ fees, resulting from use of the Site or Services. Despite regular controls the Company is not liable for any mishap or misuse of financial or personal information of the service provider. We reserve the right to be indemnified for the above mentioned. In such event, user shall provide us with such cooperation as is reasonably requested by us.
5.3 The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and Subscribers or to any other person’s computer related to or resulting and/or in connection with the Company’s service. The Company expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content of study material made available to subscribers.
5.4 The Company does not warrant or guarantee that the information contained on the Site is accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omission, whether such errors or omissions result from negligence, accident or any other cause. Before availing Services, user discretion is advised. The Company further assumes no liability for the interpretation and/or use of the information contained on this Site, nor does it offer a warranty of any kind, either expressed or implied. Also, we do not guarantee that the use of our Services, resources and/or information provided on the Site will meet your needs or requirements. We do not also guarantee that the information obtained by using our Services will be accurate.
5.5 The Company makes no commitment to update the information or materials on this Website which, as a result, may be out of date. Neither us, nor our officers, directors, employees, agents or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information provided by us. The Company reserves the right to revise these terms at any time. User is responsible for reviewing this page from time to time to ensure compliance with the then current terms and legal restrictions because they will be binding upon them.
5.6 Force majeure: the Company will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the Company within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
6.2 User and service provider shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Website and all charges related thereto shall be borne by the concerned parties.
6.3 The Company will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred by user or service provider as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.
You may view, download and copy information and materials available on this Website solely for your personal, non-commercial use. Even though the Company does everything in its hand to protect both your information and financial transaction details, the Site is not liable for any fraud, theft or financial misdemeanor that may occur as a result of your financial transactions on out Site.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Since the Services require user and service provider to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that user may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using user’s account or password.
9.1 The Site has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
9.2 Since this is an intermediary and an ‘information only site’, we do not guarantee your e-commerce transactions to be entirely safe and secure. When you place orders through our website or online payment gateway service providers (“OPGSPs”), listed on the Site, you must ensure that you agree to the terms and conditions of the said OPGSPs agreement. The Company shall not be liable should there be a discrepancy in refund, loss or misuse of credit card details, hacking of sensitive monetary information.
All comments, feedback, information or materials submitted to the Company through or in association with our Website shall be considered non-confidential and Company’s property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to the Company of worldwide rights to use, copy, modify, display and distribute the submissions. The Company may use such comments, information or materials in any way it chooses in an unrestricted basis.
The Site can be accessed by most countries around the world. By accessing the Site you summarily agree to exclusive jurisdiction of courts in Chandigarh India only.
1.1 Your privacy is important to you and to us. We’ll protect the information you share with us. To protect your privacy, the Site follows different principles in accordance with worldwide practices for customer privacy and data protection.
1.2 We at the Company are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. For purpose of this Policy, Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or home. In general, you can visit the Site’s web pages without telling us who you are or revealing any Personal Information about yourself. If however, Personal Information is revealed to us, we won’t sell or give away any content of your Personal Information to anyone except people who may be involved in the delivery of Service.
2 INFORMATION WE COLLECT AND HOW WE USE IT
2.1 When you visit the Site or use our Service, we collect and store information about you, your computer or mobile device and your activities. This information may include, but is not limited to:
2.2.1 Your computer’s IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system).
2.2.2 Your mobile device’s unique ID number (when available), your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically).
2.2.3 Your provided full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. You may optionally provide us with this information through third party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.
2.2.4 How long you visited our service and which features you used.
2.2.5 We gather information from members and guests who apply for the various Services that our site offers. It includes, but may not be limited to, email address, first name, last name, a user-specified password, e-mail Id, mailing address, zip code and telephone number or fax number. We collect information primarily to ensure that we are able to fulfill your requirements and to deliver personalized experience.
We will ask you when we need information that personally identifies you or allows us to contact you. Generally, this information is requested when you create a registration or login ID on the Site or when you connect or browse connected sites, linked or listed on our Website, or join a limited-access feature of the Site.
4 CONSENT AND SHARING OF INFORMATION
The information collected from our users or visitors is shared with members and stakeholders of the Company, namely; customers, third party users, companies, employees, stakeholders and other experts who are part of our network. Any information you give us is held with the utmost care and security. We are also bound to cooperate fully should a situation arise where we are required by law or legal process to provide information about a customer.
5.1 We will provide you with the means to ensure that your Personal Information is correct and current. You may review and update this information at any time at the login section. There, you can:
- view and edit personal information you have already given us;
- tell us whether you want us to send you marketing information;
- sign up for electronic newsletters about our services and products.
6.1 The Site has taken strong measures to protect the security of your Personal Information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You also have a significant role in protecting your information. No one can see or edit your Personal Information without knowing your user name and password, so do not share these with others.
6.2 We however do not guarantee your e-commerce transactions to be entirely safe and secure. When you place orders through our Website or online payment gateway service providers (“OPGSPs”) listed on the Site. You must ensure that you agree to the terms and conditions of the said OPGSPs agreement. The Company shall not be liable should there be a discrepancy in refund, loss or misuse of credit card details, hacking of sensitive monetary information.
7 NOTICE TO PARENTS
We want to help you guard your children’s privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using our Site. The Site does not publish content that is harmful, derogatory or pornographic in nature. However, the Website shall not incur any liability should your children provide us any Personal Information without parental consent. If you become aware that a child has provided us with personal information without parental consent, please contact us. If we become aware that a child has provided us with Personal Information without parental consent, we take steps to remove such information and terminate the user or service provider’s account.
When you visit our Site, we may place “cookies” on your computer to recognize you. We do this to store your preferences, collect statistical data and track your use of our Service. Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. If you prefer not to accept cookies, you may adjust and configure your browser settings accordingly. However, if you turn off cookies, or refuse to accept a request to place a cookie, some features and services on the Site may not function properly. Ad companies (including but not limited to Google and Facebook) may also place cookies on your computer to track your activities across various sites so that they can display targeted advertisements.
9 What we do with the information you share
9.1 When you join us, you provide us with your contact information, including your name, telephone number, home and email address. We use this information to help you connect with the right audience, namely users to service provides and vice versa.
9.2 We will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) confirm to the edicts of the law or comply with legal process served on the Site; (b) protect and defend the rights or property of the Company; and (c) act in urgent circumstances to protect the personal safety of users of the Company or the public.
10 INFORMATION SHARING AND DISCLOSURE
10.1 The Company does not rent or sell Personal Information about you with other people (save with your consent) or non-affiliated companies, except to provide services you’ve requested, under the following circumstances:
- We provide the information to trusted partners, affiliates, industry experts and professionals (collectively “Service Partners”) only if we the necessity to do so in order to enhance your service experience. Service Partners may use your Personal Information to help us communicate with you about offers and discounts. However, Service Partners do not have any independent right to share this information.
- We respond to court orders, legal process or to establish or exercise our legal rights or defend against legal claims.
- We may need to contact you to comply or co-operate with a legal request. For this purpose, we will use the email address provided to us by you. All communications sent by us at such email address shall be deemed to have been communicated to you.
10.2Data disclosure to OPGSPs: We may disclose your personal information to OPGSPs and for the following purposes:
10.2.1 to prevent, detect, mitigate, and investigate potentially illegal acts, fraud and/or security breaches, and to assess and manage risk, including to alert you if fraudulent activities have been detected on your user accounts;
10.2.2 to provide customer services, including to help service your account or resolve disputes (e.g., billing or transactional disputes);
10.2.3 to facilitate the processing of payment cards when you pay within our Services with a payment card and we use OPGSPs to process your payment.
10.3 Disclosure to Service Providers and financial institutions partners:
Third party service providers who help us to provide our Services, payment processing services, assist us in providing customize advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our User Agreement, fraud and/or security breaches, bill collection, affiliate and rewards programs, co-branded credit cards and other business operations.
11 CONFIDENTIALITY AND SECURITY
11.1 We limit access to Personal Information about you to employees and stakeholders who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
11.2 We have physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect personal information about you. We seek to ensure compliance with the requirements of the information technology laws as applicable from time to time to ensure the protection and preservation of your privacy. Additionally, we follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
12 Your Consent
14 CONTACT INFORMATION
BBy accessing the Site you summarily agree to exclusive jurisdiction of courts in Chandigarh, India only and that in general Indian laws governing service contracts shall apply.