Terms & Conditions - Teachers | Music Teacher - Private Piano & Guitar Tutor in Mumbai | High Furtados

Terms & Conditions – Teachers

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service  and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

BY USING THE LOGIN ID AND PASSWORD EACH TIME YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND ARE AGREEING TO THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

THIS IS NOT OUR PRIVACY NOTICE.

READ OUR WEBSITE PRIVACY AND SECURITY POLICY

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  1. the Indian Contract Act, 1872,
  2. the (Indian) Information Technology Act, 2000, and

the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

These terms and conditions (the “Terms”) govern your access to and use of Furtados High Music Private Limited) websites and ( Mobile Application) (“Site”). By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with (Furtados High Music Private Limited) (“name herein after called as HIGH”). It is important that you read carefully and understand the Terms.  Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

Any references to “you” and “your” refer to you, as a user of the Site. References to “we”, “us” and “our” refer to (Furtados High Music Private Limited)

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content” – means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Learning Establishment” – means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;

“Service” – means collectively any online facilities, tools, services or information that HIGH makes available through the Website either now or in the future;

“System” – means any online communications infrastructure that HIGH  makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” – means any third party that accesses the Website and is not employed by HIGH and acting in the course of their employment; and

“Website” – means the website that you are currently using (www.highfurtados.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

“Mobile app” – means the app used in any mobile phones to access our services. Mobile app is a software application developed specifically for use on small, wireless computing devices, such as smart phones and tablets;

“Curriculum”- means content defined by HIGH and have associated objectives, course books, and practice pieces.

ONLINE PAYMENT ON WEBSITE AND APP

The Website and App provide you the ability to pay online through a third party payment gateway for some of the Services available on the Website or App.

If you choose to pay online, you may be directed to a third party payment gateway to enable processing of the payment. This transaction will be governed by the terms and conditions and privacy policy of the third party payment gateway. HIGH shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever

  1. Intellectual Property

2.1 Subject to the Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of HIGH, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable Indian and International intellectual property and other laws.

2.2 You may not print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by HIGH. Specifically, you agree that:

2.2.1 You will not use the Content of the Website for commercial purposes;

2.2.2 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by HIGH;

2.2.3 You may, as a student of a recognized Learning Establishment, use the Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;

  1. USING THE SITE

A. Permission to Use the Site:

 We grant you permission to use the Site subject to the restrictions in these Terms. We may terminate your permission to use the Site for any conduct that we consider to be inappropriate, or for your breach of these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

B. Site Availability:

 The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to (HIGH).

C. User Accounts:

 You will need to register to use part of the Site. We may reject or require that you change any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever. Furthermore, we reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security.

  1.  CHANGES TO THE TERMS AND CONDITIONS

We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. All material modifications will apply prospectively only. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.

  1. TERMINATION

The engagement between you and HIGH shall commence on the date of acceptance of the terms and conditions contained herein. Either party may terminate the engagement (a) without cause by giving 30 days written notice to other party (b) immediately without notice for the other’s party breach of this engagement. In addition, HIGH may terminate this engagement without notice with respect to you in the event you no longer qualify under applicable laws or HIGH’s standards or policies or as given here under to access HIGH’s application and other related services

  1.  CONTENT

A. Responsibility for Your Content: You alone are responsible for the content of your messages, and you agree to indemnify and hold harmless of (HIGH) and our agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). We reserve the right to remove any messages for any or no reason whatsoever.

B. (HIGH)’s Right to Use Your Content: By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Site, you are granting (HIGH) a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

A. The contents listed on the Website are

  1. User generated content, or
  2. Belong to HIGH
  3. The information that is collected by HIGH directly or indirectly from the Users shall belong to HIGH. Copying of the copyrighted content published by HIGH on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and HIGH reserve their rights to take action under applicable law accordingly.

B. HIGH authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website, App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “HIGH Content”), are the property of HIGH or its Partners and are protected under copyright, trademark and other applicable laws. User shall not modify the HIGH Content or reproduce, display, publicly perform, distribute, or otherwise use the HIGH Content in any way for any public or commercial purpose or for personal gain.

C. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Trademarks 

You are prohibited from using any of the marks or logos appearing   throughout the Site without permission from the trademark owner, except as permitted by applicable law.

Patent

One or more patents may apply to the website and to the features and services accessible via the website, including without limitation.

Copying of the process or reproducing the same process on any other platform shall be violation of IP rights and HIGH reserves the rights under applicable law.

  1. OWNERSHIP

All material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to (HIGH) and is protected by copyright, trademark, and other intellectual property rights. Material on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of (HIGH) in each instance. You may download material intentionally made available for downloading from the Site for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.

  1. RESTRICTIONS

The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this Site).  We do not review every message or confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings and are not responsible for the content of any postings. We do not vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of (HIGH), its labels, or any person or entity associated with (HIGH). If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.

A. You agree not to, and will not assist, encourage, or enable others to use the Site to:

  1. Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
  2. Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
  3. Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
  4. Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without (HIGH)’s prior written consent;
  5. Solicit, request or collect personal information for commercial or unlawful purposes;
  6. Solicit personal information from minors;
  7. Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
  8. Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or
  9. Impersonate any other individual or entity.

B. You also agree not to, and will not assist, encourage, or enable others to:

  1. Restrict or inhibit any other user from using and enjoying the Site (for examples, by means of hacking or defacement);
  2. Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
  3. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
  4. Record, process or mine information about other users;
  5. Reformat or frame any portion of the Site;
  6. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on (HIGH)’s technology infrastructure or otherwise make excessive traffic demands of the Site;
  7. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
  8. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
  9. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site; or
  10. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of the Site.
  1. RELATIONSHIP WITH HIGH:

You acknowledge and agree that by accessing HIGH’s mobile application (“application”) including use of website, training, curriculum (“other related services”) creates a direct business relationship between HIGH and you. HIGH does not, and shall not be deemed to, direct or control you in performance under this engagement. You retain the sole right to determine when and how long you will utilize the mobile application and other related services. You retain the option via website or application to accept or to decline the music teacher available. You acknowledge and agree that HIGH may provide other services directly to the Users and charge separately for such services. You agree and understand that HIGH has sole and exclusive right to deactivate or otherwise restrict you from accessing the HIGH’s application and other related services in the event of violation of terms and conditions contained in this engagement or affecting the brand and reputation of the HIGH and/or its group. You agree that HIGH shall carry out necessary identity and background check on you before registering and allowing you to access HIGH’s application and other related services.

8RELATIONSHIP WITH USERS:

You acknowledge and agree that your provision of music teaching services to Users creates a direct business relationship between you and the Users. HIGH is not responsible or liable for the actions or inactions of a User in relation to your activities. You shall have sole responsibility for any obligations or liabilities to the Users that arise from your provision of music teaching services. You acknowledge and agree that HIGH may release your information to the User if required by statutory authority upon reasonable request. 

9. SKILL ASSESSMENT

You acknowledge that HIGH will assign a teaching level based on your grades and or skill levels as per the criteria devised by the HIGH at its sole discretion. A certificate confirming the skill level for your particular instrument (s) will be presented to you. HIGH desires that students shall have quality learning via HIGH’s mobile application and website and therefore you must maintain the minimum skill level assigned for your category. You further acknowledge that your repeated failure to accept student requests may create negative feedback for the Users of HIGH’s application and your non acceptance for a reasonable period may result to your deactivation from the HIGH’s application and website.

  1. USE OF SITE:

You shall not use the Services or Site in any manner that could damage, disable, overburden, block or impair any of the server connected to the Site. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.

You may not reverse engineer, decompile and disassemble any software used to provide the Services

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.

You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer including any of Our account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

  1. REFUNDS POLICY & USER RESPONSIBILITY AND GUIDELINES.

HIGH has established user responsibilities and guidelines for your benefit and security. Any users that violate these guidelines may be subject to termination of web use.

 

Provide Accurate Information:

  • User must provide true, accurate, current and complete information as requested on the site and other web pages requesting information.
  • User must agree to not misrepresent his/her identity.
  • User must agree to keep registration and email address up to date and accurate if user elects to receive documents electronically.
  • Take Adequate Security Measures
  • User agrees to maintain the confidentiality of user’s name and password.
  • User is fully responsible for all activities that occurs using user’s name, password or account.

Unauthorized Access and Use

  • User must immediately report any unauthorized use of the password and agree not to share the password, account or any breach of security with any unauthorized individuals.
  • HIGH is not liable for any loss that may incur as a result of a third party using user’s password or account, either with or without user’s knowledge.

 

License.

Subject to your compliance with these Terms, HIGH grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.

 

Terms & Obligation towards students:

  • Student shall search & choose a teacher on the platform, pay and request for a trial, purchase a learning plan on platform.
  • Access HW and practice music pieces, track learning and purchase renewal plans.
  • Student has the right to request for a replacement teacher if not satisfied. But there will be no refunds in any case.
  • You shall be responsible for the instruments which you have to carry to the student’s house and HIGH is not responsible for any damage that might happen during the music trial or training class.
  • If the teacher wants to cancel the demo session they can do so before the commencement of demo session.

You shall keep your appointment calendar updated in order to avoid any confusion.  

 

Rules governing completion of a class.

A class should be of 45 min at least. A teacher needs to complete a class report before closing a class. If this is not done it shall be assumed that the class was not completed.

If time & date has been mutually fixed both parties have to come on time for a class. If Customer does not turn up for a planned class–or NO SHOW. Then class deemed to be completed.  If teacher does not turn up then there will be a cancellation penalty fee.

It is the obligation of the teacher to follow the given prescribed curriculum as prescribed by HIGH

  1. FEES

Fees are set by us as per pre-decided location, venue, instrument, teacher category, etc. as per customer’s requirement. Once accepted the fees are as applicable on the date of session booking for all purchased session. The fees may change from time to time and will be applicable for future purchases.

HIGH will work out the fees, which will be based on the skill assessment and formula worked out by the HIGH. You agree to appoint HIGH as your limited payment collection agent solely for collecting fees and other applicable taxes from the User on your behalf via the payment processing functionality facilitated by the HIGH and deduct its facilitator fee as mutually agreed and applicable before remitting fees on a recurring basis to you as collected from the Users. It is agreed that you shall not negotiate a different fees amount with the Users. HIGH reserves the right to adjust the fees based on location, music instruments, skill assessment, etc. and change the fees at any time whatsoever. In case of any negative feedback, complaint by the Users, fraud, misrepresentation etc. by you the HIGH may decide to cancel your service session midway, deactivate you from accessing HIGH’s application, related services and cancel the fees payment and take such steps as may be deemed necessary.  You acknowledge and agree that you are not entitled to any additional amount over and above the fees paid to you by Users.

 

  1. SCOPE OF SERVICE:

You will provide teaching service based on sessions to the Users at the location as agreed by the students. You may furnish your own instrument(s) as well as other equipment as necessary to teach Users. HIGH shall not be obliged to reimburse you for any expenses including but not limited to, repair of instruments, re-stringing, travel etc.

During the course of session or service you shall keep the terms of this engagement confidential and you shall not engage in poaching of any Users. Further any acts which is uncomfortable for the Users and any complaint against it may result in deactivation of your access to HIGH’s application and other related services and HIGH may take any further action as may be required.

  1. LIMITATIONS OF THIS AGREEMENT.

This Agreement is not a contract of employment. Neither You nor HIGH is obligated to any specific term of employment.  This Agreement is limited to the subject matter of covenants not to compete or solicit as described in this Agreement.

  1. COVENANT NOT TO COMPETE.

You agree that at no time during the term of your employment with HIGH and also later will you use any of our music material for any business activity or for teaching. If HIGH finds you doing that we shall be entitled to take appropriate legal action against you..

  1. NON-SOLICITATION.

You agree not to solicit any student of the HIGH on behalf of any other business enterprise, nor shall you induce any student or parents associated with HIGH to terminate or breach any contract, or other relationship with HIGH.

  1. SOLICITING CUSTOMERS AFTER TERMINATION OF AGREEMENT.

For a period of one (1) year following the termination of your contract and your relationship with HIGH, You shall not, directly or indirectly, disclose to any person, firm or corporation the names or addresses of any of the customers or clients of HIGH or any other information pertaining to them.   Neither shall you call on, solicit, take away, or attempt to call on, solicit, or take away any customer of HIGH on whom You have called or with whom You became acquainted during the term of your employment, as the direct or indirect result of your association with the HIGH.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.

You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer including any of Our account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

  1. PRIVACY POLICY

Use of the Site is also governed by our Privacy Policy , which is incorporated into these Terms by reference.

  1. THIRD PARTIES

The Site may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, (HIGH) does not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless (HIGH) and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. (HIGH) reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

  1. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF (HIGH) AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

  1.  THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. (HIGH) MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, (HIGH) IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF THE SITE.
  2. (HIGH) EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
  3. (HIGH), ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES AND/OR ANY THIRD PARTY SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
  4. (HIGH) DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY THIRD PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  5. (HIGH) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY THIRD PARTY SITE.
  6. (HIGH) MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THE SITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THE SITE.

 

  1. VOID WHERE PROHIBITED

Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. (HIGH) reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.

  1. MAKING PURCHASES 

If you wish to purchase services described on the Site, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction, you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. (HIGH) will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time.

 

  1. FORCE MAJEURE

We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.

  1. RULES FOR PROMOTIONS

Any contests, sweepstakes, surveys, games or similar promotions (collectively “Promotions “) made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotions, you will become subject to those rules, which may vary from the Terms set forth herein. (HIGH) advises you to review carefully any specific rules applicable to a particular Promotion and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the rules for a Promotion conflict with these Terms, the Promotion rules shall control.

  1. CHOICE OF LAW AND VENUE

These Terms shall be governed by, and construed in accordance with, the laws of the Country of INDIA, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the state of Maharashtra, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced within six (6) months of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney’s fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.

 

  1. GENERAL TERMS 

In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.

  1. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
  2. Any failure by HIGH to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights here under.
  3. The Terms are not assignable, transferable or sub licensable by you except with HIGH’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.

By reading you acknowledge that you have read and understood the foregoing Agreement, that you agree to comply with all of the terms of the Agreement.