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:
- The Indian Contract Act, 1872,
- The (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed thereunder, 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”).
The rules, regulations, guidelines and clarifications framed thereunder, 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 here in 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)
- 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.staging.lumeg.in/projects/highfurtados) 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. A mobile app is a software application developed specifically for use on small, wireless computing devices, such as smartphones and tablets;
“Curriculum”- means content defined by HIGH and have associated objectives, course books, and practice pieces.
“A Group class” means a combined class, and all members of the group progress together.
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.
- 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 wrote 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 wrote 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:
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 a violation of IP rights and HIGH reserves the rights under applicable law.
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.
- 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.
- 2.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.
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 a notice to another party (b) immediately without notice of 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
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
- User generated content, or
- Belong to HIGH
- 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.
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.
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:
- 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;
- Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
- 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;
- Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without (HIGH)’s prior written consent;
- Solicit, request or collect personal information for commercial or unlawful purposes;
- Solicit personal information from minors;
- Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
- Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or
- Impersonate any other individual or entity.
B.You also agree not to, and will not assist, encourage, or enable others to:
- Restrict or inhibit any other user from using and enjoying the Site (for examples, by means of hacking or defacement);
- 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;
- 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;
- Record, process or mine information about other users;
- Reformat or frame any portion of the Site;
- 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;
- 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;
- 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;
- 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
- 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.
- 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.
- RELATIONSHIP WITH MUSIC TEACHER
You acknowledge and agree that your provision of learning music from music teachers creates a direct business relationship between you and the teacher. HIGH is not responsible or liable for the actions or inactions of a teacher in relation to your activities. You shall have sole responsibility for any obligations or liabilities to the teacher that arises from your provision of learning music. You acknowledge and agree that HIGH may release your information to the teacher if required by statutory authority upon reasonable request.
If you wish to change a teacher, you can place a request and we shall try our best to provide you with a new teacher based on avaibility. Please note that we can only process your request maximum 3(three) times. All payments are final and non refundable.
- 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 another 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.
Subject to your compliance with these Terms, HIGH grants you a limited, non-exclusive, non-sub licensable, 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, non-commercial use.
- REFUNDS POLICY & OBLIGATION OF STUDENTS TOWARDS HIGH
All the tuition and registration fees are final, there will be no refunds in any case. No refund once enrolled. There will be no refund if any class is missed.
A student shall search & choose a teacher on the platform, pay and request for a trial and purchase a learning plan from the website.
A student shall access homework assigned by teacher and practice music pieces, track learning and purchase renewals plans.
A student has the right to request a replacement teacher if not satisfied. During the teaching session, you shall be responsible for the interaction between the teacher and you which shall be carried out a place of your choice and in no way will HIGH be responsible for any damage that might happen during the music trial or training class.
After the trial session has been fixed if the student wants to cancel the trial session they can do so before the commencement of the session.
The rules governing the completion of a class.
A class should be of minimum 45 min. A teacher needs to complete a class report before closing a class.
-If time & a date has been mutually fixed – both parties have to come in time for a class. If you do not show up for the class then the class shall be deemed to be completed.
-If you need to cancel or reschedule any class you need to update it on the app or the class shall be deemed to have been completed and that session shall be debited from your learning plan
Students and parents should be aware that the teaching is training as per the prescribed curriculum and if any changes are noticed they may inform HIGH immediately.
A Group Class fee paid may be adjusted if one member of the group drops outs before commencing the sessions. We shall adjust the total amount paid by reducing the number of learning sessions from the plan. Any difference will be adjusted by a reversal credited to your account.
All members of the Group class progresses together. If any member of the group cannot attend a scheduled class, the missed class cannot be made on another day. If any cancellation or reschedule needs to do it has to be done unanimously by the entire group
It is the obligation of the teacher to follow the given prescribed curriculum.
HIGH shall be providing other plans and services to the students. .
Some of the services provided are:
- a. HIGH Exam Preparation Classes & Examination Access. These courses shall require the students to sit for exams in order to test their skills. While we allow them to sit for an exam we cannot guarantee the results and that they will pass. HIGH Exam Prep Plan expires within 4 months of commencement.
- b. HIGH Flexi 4 plan expires within 2 months of commencement. HIGH Flexi 10 Plan & HIGH Rockstar Plan expires within 8 months of commencement.
- c. HIGH Certificate Plan expires within 18 months of commencement. After expiry, your sessions cannot be consumed.
- d. There cannot be a gap of more than 30 days between 2 consecutive sessions.
- e. You need to renew your learning plan after exhausting all your session before you schedule the next class date.
- f. Only classes that have been paid for on the platform will be delivered.
- g. Performance Opportunities. While we will encourage and make available performance opportunities, we cannot guarantee the student will be performance ready as it depends on the individual’s talent skills and also any performance made by the students shall be the property of HIGH and all copyrights shall belong to us.
- While we provide the software to practice (which is licensed to us but we do not take any liability for any third party providers) we cannot guarantee that if they score high they have learned or will do well in examinations.
HIGH cannot guarantee in any form the outcome of these services and if not satisfied with the results no money shall be refunded in any case.
- SCOPE OF SERVICE
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 teacher. Further any acts which are uncomfortable for the teacher 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.
- DELIVERY AND SHIPPING POLICY
You will be notified of how your order will ship your first confirmation email to us. Orders placed before a holiday or weekend will ship the next available business day. However, the order will be accepted and sent to you once your credit card/ debit card and address details have been approved and verified.
- COVENANT NOT TO COMPETE
You agree that at no time during the term of your agreement with HIGH and also later will you use any of our music material for any business activity. If HIGH finds you doing that we shall be entitled to take appropriate legal action against you.
You agree not to solicit any teacher of HIGH on behalf of any other business enterprise, nor shall you induce any teacher associated with HIGH to terminate or breach any contract, or other relationship with HIGH.
- SOLICITING TEACHERS 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 teacher of HIGH on whom You have called or with whom You became acquainted during the term of your learning sessions, as the direct or indirect result of your association with the HIGH.
You shall not use any deep-link, page-scrape, robot, spider or another 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.
- 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.
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.
- 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.
- 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.
- (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.
- (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.
- (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.
- (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.
- (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.
- 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.
- 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 mechanisms 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.
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.
- RULES FOR PROMOTIONS
- 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 accrues: (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 attorneys’ fees: and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
- 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.
A. 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.
B. 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 hereunder.
C. The Terms are not assignable, transferable or sublicensable 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.