Terms of Use

About These Terms

This legal document is published in accordance with the provisions of Rule 3(1) of the Indian Information Technology (Intermediaries Guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 of the Information Technology Act, 2000 amended through the Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access or usage of the Platform.

We respect you and take the information provided by you very seriously, and hence the creator of these Terms of Service ensures a steady commitment with regard to the protection of your invaluable information that you may share across this Platform. For the purpose of these Terms of Use, wherever the context so requires, "We", "Our", and "Us" shall mean and refer to the Website and Application and/or the "Indian School of Music". "You", "Your", "Yourself", "User" shall mean and refer to natural and legal individuals who shall be Users of this Website and Application provided by the "Indian School of Music" and who are competent to enter into binding contracts, as per Indian laws. "Third Parties" refer to any Website and Application, Platform or individual apart from the Users and the creator of this Website and Application.

General Terms

1. 1.The headings of each section in these Terms of Use or Privacy Policy are only for the purpose of organizing the various provisions under these Terms of Use and the Privacy Policy in an orderly manner and shall not be used by either Party to interpret the provisions contained herein.
2. 2.The use of this Website and Application by You is solely governed by these Terms of Use and the Privacy Policy that may be uploaded on the Website and Application and any modifications or amendments made thereto by Us from time to time, at our sole discretion. If You as a User continue to access and use this Website and Application, You are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.
3. 3.You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
4. 4.You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between You and Us, and that You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Website and Application. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on You and that your act of visiting any part of the Website and Application constitutes the User's full and final acceptance of these Terms of Use and the Privacy Policy.
5. 5.We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to You, and You expressly agree that any such amendments or modifications shall come into effect immediately. If You do not adhere to the changes, You must stop using the Website and Application at once. Your continued use of the Website and Application will signify your acceptance of the changed terms.

Registration

You are required to register yourself on the Website and Application in order to avail the Website and Application and its services. For the purpose of registration, you shall be required to provide the Email ID on the registration link available on the homepage of the Website and Application.

The registration shall be deemed complete only upon your authentication and verification of your details through email authentication.

As a responsible Website and Application, we do not let you link your social media with the Website and Application for registration purposes or otherwise.

Eligibility

1. 1.You represent and warrant that you are competent and eligible to enter into legally binding agreements and are of age, and that you have the requisite authority to bind yourself to these Terms of Use following the Law. However, if you are a minor using this Website and Application, you may do so with the consent of your legal guardian. All acts of a minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
2. 2.You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
3. 3.You shall not use the Website and Application if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

Payment Gateway

For making all payments for availing services, you shall be required to make payment for which you will be redirected to a third-party payment gateway that we may have an agreement with. You shall be governed under their Terms and Conditions and other Policies for the purpose of all payment-related aspects.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, 'Content'), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, accuracy, integrity or genuineness of such content or such other information provided on the Website and Application.

All the Content displayed on the Website and Application is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and Application and whilst feedback and comments by You can be made via the Website and Application, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Website and Application. Further, the Website and Application reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website and Application or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website and Application. You shall not copy, adapt, and modify any content without written permission from Us.

Please note that once the fee is paid, no refunds will be issued under any circumstances. The program fee is final and non-refundable, except as expressly provided under our Refund & Cancellation Policy.

Indemnity

You agree to indemnify, defend and hold harmless Us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

1. 1.Your use of the Website and Application;
2. 2.Your violation of these Terms of Use;
3. 3.Your violation of any rights of another;
4. 4.Your alleged improper conduct according to these Terms of Use;
5. 5.Your conduct in connection with the Website and Application.

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without the consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website and Application and/or the Services or materials contained therein.

Limitation of Liability

1. 1.The Founders/Promoters/Partners/Associated people of Indian School of Music are not responsible for any consequences arising out of the following events: if the Website and Application is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure; if you have fed incorrect information or data or for any deletion of data; if there is an undue delay or inability to communicate through email; if there is any deficiency or defect in the Services managed by Us; if there is a failure in the functioning of any other service provided by Us.
2. 2.The Website and Application accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Website and Application or any service availed of by Us through the Website and Application. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Website and Application.
3. 3.You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into these Terms of Use by reference.
4. 4.The Website and Application expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and Application and which is incurred by you in connection with the Website and Application, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.
5. 5.To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website and Application.

Term

1. 1.These Terms of Use shall continue to form a valid and binding contract between You and Us and shall continue to be in full force and effect until You continue to access and use the Website and Application.
2. 2.You may terminate your use of the Website and Application at any time.
3. 3.We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Website and Application at any time and for any reason, if any discrepancy or legal issue arises.

Termination

We reserve the right, in our sole discretion, to unilaterally terminate Your access to the Website and Application, or any portion thereof, at any time, without notice or cause.

Communication

By using this Website and Application and providing Your identity and contact information to Us through the Website and Application, You agree and consent to receive calls, e-mails or SMS from Us and/or any of its representatives at any time.

You can report to info@indianschoolofmusic.com if you find any discrepancy with regard to Website and Application or content-related information and We will take necessary action after an investigation. The response with resolution (if any issues are found) shall be dependent on the time taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, you may be contacted by Us relating to any services availed by You on the Website and Application or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

User Obligations & Conduct

You agree and acknowledge that you are a restricted user of this Website and Application and you:

1. 1.Agree to provide genuine credentials during the process of registration on the Website and Application. You shall not use a fictitious identity to register. We are not liable if You have provided incorrect information.
2. 2.Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
3. 3.Agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
4. 4.Understand and acknowledge that the data submitted is manually entered into the database of the Website and Application. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Website and Application.
5. 5.Authorize the Website and Application to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
6. 6.Understand and agree that, to the fullest extent permissible by law, the Website and Application or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website and Application or these Terms of Use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
7. 7.Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Website and Application. Any such use/limited use of the Website and Application will only be allowed with the prior express written permission.
8. 8.Agree not to access (or attempt to access) the Website and Application and/or the materials or Services by any means other than through the interface provided by the Website and Application. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and Application will lead to suspension or termination of your access to the Website and Application.
9. 9.Expressly agree and acknowledge that the Content generated by the Users and displayed on the Website and Application is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Website and Application, at our sole discretion.
10. 10.Users have the option to switch to the next available batch or program before the commencement of the current batch. However, once the program has started, switching to a different batch is not allowed. During the course of the program, switching to a different batch is not feasible. Participants who wish to join a future batch must withdraw from the current program and re-enrol in the desired batch, subject to availability and applicable fees. Once the program has commenced, refunds will not be provided on the grounds of being unable to follow the program protocols. The program is structured to support participants at various levels of engagement, and personalized assistance is available to help overcome challenges. Participants are encouraged to seek guidance and make necessary adjustments to stay on track.

You further undertake not to:

1. 1.Engage in any activity that interferes with or disrupts access to the Website and Application or the Services provided therein (or the servers and networks which are connected to the Website and Application);
2. 2.Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
3. 3.Probe, scan or test the vulnerability of the Website and Application or any network connected to the Website and Application, nor breach the security or authentication measures on the Website and Application or any network connected to the Website and Application;
4. 4.Disrupt or interfere with the security of, or otherwise cause harm to, the Website and Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Application or any affiliated or linked Website and Applications;
5. 5.Use the Website and Application or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website and Application or any other third party(s);
6. 6.Violate any code of conduct or guideline which may apply for or to any particular service offered on the Website and Application;
7. 7.Violate any applicable laws, rules or regulations currently in force within or outside India;
8. 8.Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Website and Application contained herein or elsewhere, whether made by amendment, modification, or otherwise;
9. 9.Commit any act that causes Us to lose (in whole or in part) the Services of our Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Website and Application.

Further, you agree not to post, host, display, upload, update, publish, modify, transmit, or in any manner share any information or material on the Website and Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services, including any information that:

• belongs to another person and to which you have no right;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• is in any way harmful to minors;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• is unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.

Suspension of User Access & Activity

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit Your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website and Application, and/or refuse the usage of the Website and Application, without being required to provide you with notice or cause:

1. 1.If you are in breach of any of these Terms of Use or the Privacy Policy;
2. 2.If you have provided wrong, inaccurate, incomplete or incorrect information;
3. 3.If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.

Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall give You a right to use any of the Website and Application's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and Application and other distinctive brand features of the Website and Application are the property of the Website and Application or the respective copyright or trademark owner.

You shall not use any of the intellectual property displayed on the Website and Application in any manner that is likely to cause confusion among existing or prospective Users of the Website and Application, or that in any manner disparages or discredits the Website and Application, to be determined in the sole discretion.

You are aware that all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Website and Application through which You can communicate with other users and the Website and Application does not own any of the intellectual property relating to the independent content displayed on the Website and Application, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this Section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

Disclaimer of Warranties & Liabilities

1. 1.You further agree and undertake that you are accessing the Website and Application at your sole risk and that you are using your best and prudent judgment before availing any features on the Website and Application or accessing/using any information displayed thereon.
2. 2.You agree that any kind of information, resources, activities, recommendations obtained/availed from the Website and Application, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
3. 3.We do not guarantee that the features and content contained in the Website and Application will be uninterrupted or error-free, or that the Website and Application or its server will be free of viruses or other harmful components, and You hereby expressly accept any associated risks involved with your use of the Website and Application.
4. 4.It is further agreed by You that the contents of this Section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.
5. 5.While we strive for our services to be beneficial, it is important to understand, agree, and acknowledge that they may not be suitable for everyone's needs or appropriate for every specific situation.

Force Majeure

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to causes beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities, sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized acts.

Dispute Resolution & Jurisdiction

It is expressly agreed to by You hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by You that the contents of this Section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by Us, and the award passed by such sole arbitrator will be valid and binding on all parties. All costs of the Arbitration shall be borne solely in accordance with the Arbitrator's award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore, India.

You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

Miscellaneous Provisions

1. 1.Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between You and Us with respect to the subject matter hereof and supersede all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
2. 2.Waiver: The failure of either Party at any time to require performance of any provision of these Terms of Use shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.
3. 3.Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law.
4. 4.Contact Us: If you have any questions about these Terms of Use or the Privacy Policy, the practices of the Website and Application, or your experience, you can contact us at info@indianschoolofmusic.com.