Terms & Conditions
By accessing this Platform, the user warrants that the user has fully read and understood these T&C and agrees to be legally bound by these terms and acknowledges unconditional acceptance without limitation or qualification of these T&C. We may change these terms at any time without any prior notice in writing or otherwise to the user, by posting changes on the Platform. The user may review these terms regularly to ensure that the user is aware of any changes made by us. The continued use of our Platform by the user, after changes are posted means that the user agrees to be legally bound by these terms as updated and/or amended. In the case of any violation of these T&C or any additional terms posted on Platform, we reserve the right to seek all remedies available by law and in equity for such violations.
- We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to the user if for any reason the Platform or its content is unavailable at any time and/or for any period.
- The user is responsible for making all arrangements necessary for the user to access the Platform (including, having access to an internet connection and an appropriate browser).
- The user is also responsible for ensuring that all persons who access our Platform through the user’s registered account or otherwise are aware of these T&C and other applicable terms and conditions, and that they comply with them.
These T&C shall continue to be valid and binding upon the users until, the user continues to access and use the Platform. We may suspend or terminate the user from the use of the Platform at our sole and absolute discretion without any notice and cause. Notwithstanding anything stated under this T&C, these T&C will survive indefinitely unless and until we choose to terminate them.
- The user must be competent and eligible to enter into legal binding agreements as determined by the provisions of Indian Contract Act, 1872.
- The user must be above 18 (eighteen) years of age and must be a citizen of India. However, if the user is below 18 (eighteen) years of age then the user must obtain consent from their parent(s) or legal guardian(s). The parent(s) or legal guardian(s) accept these T&C and agree to take responsibility for: ( i) user’s actions; ( ii) user’s use of any of the services, information and functions made available on the Platform or purchase of any product, goods or merchandise (including any part thereof) made available for sale on the Platform; and ( iii) user’s acceptance and compliance with these T&C. If the user is below 18 (eighteen) years of age and does not have consent of their parent(s) or legal guardian(s), user must stop using/accessing the Platform.
- The user should be of sound mind and should have a firm contractual capacity.
- The user may access areas of the Platform that require registration by becoming a registered member and creating an account in the Platform. The user agrees to be responsible for maintaining the confidentiality of the passwords or other account identifiers which the user may choose and all activities that occur under user’s account.
- By registering on the Platform, user agrees that:
- User agrees to notify us immediately in case of any unauthorised use of the user’s password or account identifiers by others.
(i) user’s account and password are personal to the user and may not be used by anyone else to access the Platform;
(ii) user will not do anything which would assist anyone who is not a registered user to gain access to any are of the Platform requiring registration; and
(iii) user will not pass off as and/or impersonate another user.
Termination of registration
- If the user no longer wishes to have a registered account, the user may terminate his account by deleting the same as provided in the Platform. If the user no longer accepts these terms and conditions, or any future modification to this T&C, user must cease using the Platform, continued use of the Platform indicates user’s continued acceptance of these terms and conditions.
- If, for any reason, we believe that the user has not complied with these T&C, we may, at our sole discretion, cancel user’s access to the registration areas of the Platform immediately and without prior notice.
- We may terminate user’s registered account, at our sole discretion, by emailing the user at the email-address used for registration stating that the agreement has terminated.
- The user will not copy, reproduce, republish, download, make available to the public, or otherwise use our Platform and/ or content in any way except for the user’s own personal, non-commercial use. The user also agrees not to adapt, alter or create a derivative work from any our Platform and/ or content except for the user’s own personal, non-commercial use. Any other use of our Platform and/ or content requires the prior written permission of us.
- The user agrees to use our Platform only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of our Platform.
- It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Platform and elsewhere on the Internet, which are likely to be accessible for a long time and the user has no control over who will read them eventually. It is therefore important that the user is careful and selective about the personal information that the user may disclose about himself/ herself/ itself and others, and in particular, the user should not disclose sensitive, proprietary or confidential information in his/ her/ its comments to our public sections/forums.
- Any commercial or promotional distribution, publishing or exploitation of the Platform, or any content, code, data or materials on the Platform, is strictly prohibited. Other than as expressly allowed herein, the user may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Platform. The user further agrees that he/ she/ it may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Platform, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. The user acknowledges that he/ she/ it does not acquire any ownership rights by downloading any copyrighted material from or through the Platform. If the user makes other use of the Platform, or the content, code, data or materials thereon or available through the Platform, except as otherwise provided above, the user may violate copyright and other laws of India, other countries, as well as applicable laws and may be subject to liability for such unauthorized use.
- The user must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The user must not attempt to gain unauthorized access to our Platform, the server on which our Platform is stored, or any server, computer or database connected to our Platform.
- In connection with submissions by users, user further agrees that he/she/it will not submit material that is personal information of himself or any other person; copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless he/she/it is the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein.
- Company does not endorse any user submission, or any opinion, recommendation, or advice expressed therein, Company expressly disclaims any and all liability in connection with user submissions. Company does not permit copyright infringing activities and infringement of intellectual property rights on its Platform, will remove all content and user submissions if properly notified that such content or user submission infringes on another's intellectual property rights. Company reserves the right to remove content and user submissions without prior notice.
- The content of the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for your personal and non-commercial use only.Any use of the Platform or products or services or their contents other than for personal purposes is prohibited.
- The user may be able to link from the Platform to third party sites and third-party sites may link to the site (“linked sites”). The user acknowledges and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites. Links to linked sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. The inclusion of any link to such sites on our Platform does not imply Company’s endorsement, sponsorship, or recommendation of that site. Company disclaims any liability for links (1) from another site to this Platform and (2) to another site from this Platform. We cannot guarantee the standards of any site to which links are provided on this Platform, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for any form of transmission received from any linked site. Any reliance on the contents of a third-party site is done at the user’s own risk and the user assumes all responsibilities and consequences resulting from such reliance.
- The content and other information on this Platform is provided on an "as is" basis. To the fullest extent permitted by law, Company:
(i) excludes all representations and warranties relating to this Platform and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in this Platform; and
(ii) excludes all liability for damages arising out of or in connection with the disclosure of the information and/or user’s use of this Platform. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the user have advised Company of the possibility of such potential loss), damage caused to the user in any manner whatsoever including but not limited to the user’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- The use of this Platform is entirely at the user’s own risk, and in no event shall Company be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Platform or sites accessed through this Platform, and/or content or information provided herein.COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION USER TAKES BASED ON THE CONTENT AVAILABLE ON THE PLATFORM. USER MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT ON THE PLATFORM, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.The user’s sole and exclusive remedy for dissatisfaction with the Platform is to stop using the Platform.
Company shall in its sole discretion establish acceptable payment methods requiring payment for specific services or products on the Platform. You are solely responsible for all charges owed for all goods and services booked and/or purchased through the Platform. If you are making online payments of any kind, you represent and warrant that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) the card was issued in your name and charges incurred by you will be honored by your credit/debit card company or bank. The user shall be solely responsible for compliance of all applicable laws for making payments to Company.
Furthermore, you agree and authorize Company to: (i) submit a transaction using the card or financial information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis for renewals, (iii) if necessary, bill you, in a prorated manner (as required), in accordance with the particular fee terms for the product or service you are purchasing or enrolling in, and (iv) if necessary (and applicable) bill your mobile carrier if you authorize us to do so. Company shall not be liable to make any refunds of payments by made by you for services or products on the Platform. You may cancel your services for ongoing transactions/services at any time by accessing your ‘Student Profile’ and clicking on ‘Manage Subscription’, where the option of “Cancel Membership” is provided. Once you cancel your membership, any ongoing subscription of services on the Platform will continue to be available for the entire duration for which you have already paid prior to such cancellation.
- The user agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to these terms.
- The user agrees that the user is solely responsible for anything he/ she/ it may post such as any information, content, user information, personal or sensitive data or any sort of query, response, information, etc. on the Platform, and that the user agrees to defend, indemnify, and hold Company, its officers, directors, employees, agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from the user’s violation of these T&C or any claims based upon the user’s posts/submissions on the Platform.
Intellectual Property Rights
- The trademarks, logos and service marks or any other right associated with intellectual property displayed on the Platform shall be the property of Company or respective third parties. The user is not permitted to use the same.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company holds all intellectual property rights to and into the trademark "BlueTimbre" and “Music Pandit”, and the Platform including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user acknowledges and agrees that he/ she/ it shall not use, reproduce or distribute any content from the Platform belonging to Company.All those intellectual property rights arising as a result of domain names, internet or any other right available under applicable law shall vest solely and exclusively in Company as the owner of such domain name
- The users agree and acknowledge that any infringement of the Intellectual Property Rights of Company will result in legal action against the user.
- Company respects the intellectual property of others, and we ask our users to do the same. Company has no responsibility for content on other apps linked to the Platform that you may find or access. It is Company's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Company and/or others.
TERM OF SERVICE
- Types of subscriptions and features (AMATEUR, ROCKSTAR, PRO MUSICIAN)
- Feedback (paid)
- Social Forum
- Backing tracks
- Feedback (one free per month)
- Social Forum
- Backing tracks
- Practice Routines
- Music Pandit reserves the right to cancel or add subscriptions and their respective features at any time without prior notice.
- Terms of Subscriptions - Monthly, Quarterly, Annually
- Monthly - Music Pandit may offer Monthly subscriptions wherein the student can sign up via the auto debit feature. The website will automatically deduct the mentioned amount every month.
- Quarterly - Music Pandit may offer Quarterly subscriptions wherein the student can sign up via the auto debit feature. The website will automatically deduct the mentioned amount every quarter (3 months).
- Yearly - Music Pandit may offer Yearly subscriptions wherein the student can sign up via the auto debit feature. The website will automatically deduct the mentioned amount every year (12 months).
- Cancellation - Subscriptions can be cancelled at any time. No refund will be offered. Students can use the website to the date until which it has been paid for.
- Music Lessons - recorded videos of Music lessons provided for student viewing and for learning techniques, concepts and songs. These lessons are in the form of courses. The levels of these courses are split into Basic, Intermediate and Advanced.
- Basic Level - These courses are designed for beginners. The courses are divided into various parts numbered as Basic - Part 1, Basic - Part 2 and Basic - Part 3. Students are required to complete the pre-requisites before embarking on the course.
- Intermediate - These courses are designed for students with some knowledge of music/instrument(s). The courses are divided into two parts numbered as Intermediate - Part 1 and Intermediate - Part 2. Students are required to complete the pre-requisites before embarking on the course.
- Advanced - These courses are designed for the advanced students who have a good understanding of music/instrument(s). The courses at this level may be divided by genres, className='bold'uch types. Students are required to complete all pre-requisites before embarking on the course.
- Quizzes - Quizzes based on techniques/concepts, genres, artists and other such types of information. Students are given a score on the basis of their performance.
- Practice Routines - These are videos of practice routines and exercises for students to practice to improve their skills.
- Backing tracks - these are video or audio tracks of songs or exercises that can help you practice or perform.
- Social Forum - This is a forum on which students can ask questions and get the best suited answers. Students can upvote relevant answers. The forum has a set of rules and regulations that must be adhered to. Breaking Forum rules will lead to disabling of Forum access by Music Pandit admin.
- Offers - Music Pandit will put up offers for multiple music related ventures including coupons or discount codes for instrument purchases, music streaming websites etc. We do not take responsibility of the retailers’ ability to process the codes or your order.
- Feedback - This is a feature wherein students share a link of their uploaded video and a Music Pandit evaluator gives real feedback on the performance of the student. Students are required to record the video of themselves and put it up on YouTube in an ‘unlisted’ viewing mode. The link generated can be shared on Music Pandit’s feedback evaluation. Based on the opted subscriptions, feedback can either be purchased (SILVER) or one feedback can be availed for free per month (GOLD).
- Playlists - Students will have access to multiple playlists based on the course(s) they choose to study.
- Certification - In the GOLD subscription, if a student successfully completes a course (with a minimum of 70%), the student will receive a certificate from Music Pandit.
- Points - Students can earn points by completing various challenges, completing courses, participating in the social forum, completing goals and various other factors (these factors can change from time to time). With earned points, students can unlock Trivia Cards.
- Trivia Cards - Students can unlock Trivia Cards once they achieve a certain number of points. These Trivia cards showcase Musicians, Songs etc.
- All content is available on "as is" basis, without warranties, representations, or guarantees of any kind. Company disclaims any and all implied warranties respecting content on Platform. The opinions expressed in Platform are the opinions of the individual author/ independent professional or expert and do not reflect the opinions of Company.
- Company makes no warranties or representations about the accuracy or completeness of the Platform's content or the content of any sites linked to the Platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the Platform. We do not guarantee that the Platform will be secure or free from bugs or viruses and the users should use their own virus protection software, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Platform. Company does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked Platform/website/content or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Applicable Law and Jurisdiction
These T&C are governed by the Indian laws, without respect to its conflict of laws principles. The courts of Ernakulam, Kerala, India shall have the exclusive jurisdiction in respect of any and all legal dispute or matter arising out of user’s use and access of the Platform. The parties expressly agree that in case any dispute arising out of services rendered, access or use of the Platform or content they shall make all attempts to resolve it by amicable settlement.
These T&C shall constitute the entire agreement between the parties and supersedes all other terms and conditions and/ or agreements relating to the subject matter and set out the complete legal relationship between Company and any other party arising from or connected with the subject matter. For the avoidance of doubt, in the case of any conflict between these T&C, and any other agreement, these T&C shall apply.
If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the T&C shall continue in effect.
Any and all notices, statements or other communication relating to any disputes, grievances experienced by the user shall be given or made in writing in the English language and delivered by electronic mail or sent by prepaid post with recorded delivery addressed to us at the following address: BlueTimbre Music LLP, 40/3397, 1stFloor, Kuttukaran Center, Mamangalam, Kochi, Ernakulam, Kerala, India Pin Code: 682025