Terms of Use

These Terms of Use are between Lucid Music Education Private Limited (“Company”, “we”, “our”, “us”) and users of “singShala” products, services, applications and/or website (“you”).

These Terms of Use govern your use of our mobile and desktop applications for singShala (“Applications“) and all related players, widgets, tools, applications, data, software, application program interface (APIs) and other services provided by the Company (the “Services”).

These Terms of Use, together with our Privacy Policy, any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and the Company concerning your use of the Website, Apps and Services (together, the “Platform”).

ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use and the Privacy Policy carefully. By accessing or using the Platform, making an account, and/or by downloading or uploading or creating or viewing or streaming any Content (defined below) from or to the Platform, you represent that you have read the Terms of Use and Privacy Policy and agree to be bound by the same and all terms incorporated by reference. You further represent and warrant that you are 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform and recognising the global nature of the Internet; you agree to comply with all local rules regarding online conduct and acceptable content under all applicable laws regarding the transmission of technical data exported from the country in which you live. If you do not agree with all the user requirements and restrictions described, do not use and/or access the Platform or our Services.

This Agreement does not alter in any way the terms or conditions of any other agreement you may have with the company. By agreeing to these Terms of Use, you also agree to our Privacy Policy and/or such other policies as established or introduced by the Company from time to time.

CHANGES TO TERMS OF USE

The Company reserves the right to change or modify any of the terms and conditions in this Agreement, including any other policy incorporated by reference, and in its sole discretion. Any changes or modifications will be effective immediately, and you waive any right you may have to receive specific notice of such changes or modifications. You are free to decide whether to accept the changed/modified version of this Agreement, but accepting such a changed/modified Agreement is essential and required for you to continue using the Platform. You may have to click “accept” or “agree” to show your acceptance of any changes/modifications made to this agreement. If it does not require you to expressly click any such “accept” or “agree” option, your continued use of this platform following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you agree you will periodically review this agreement from time to time to understand the terms and conditions that apply to your use of the Platform. If you do not agree to the terms of this Agreement or any changed/amended/modified version of this Agreement, your sole recourse is to terminate your use of the Platform, in which case you will no longer have access to the Platform, including any account you might have opened as enumerated in Section 3. Except as otherwise stated, any use of the Platform is subject to the version of this Agreement in effect at the time of use.

ACCOUNTS

To access and use the Platform, you are required to create an account on the Platform. When registering for an account, you must provide true, accurate, current, and complete data about yourself. You also agree to promptly update such data provided on registration to keep it true, accurate, current, and complete at all times. We link the account created by you to your email address. Hence, you will provide us with your email address and will choose a username and password for your account. You ensure that the email address that you provide is, and remains, valid. Your email address and any other information you choose to provide about yourself will be treated per our Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether such activity was authorised by you.

In the event, you have forgotten your username and/or password, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us in writing and should change your password at the earliest possible opportunity.

If your email address changes, you must establish a new account to ensure your continued use of the Platform from that new email. Your account is not transferable between email addresses.

We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of this Agreement or an infringement or violation of the rights of any third party, or any applicable laws or regulations.

You may terminate your account at any time as described in the Termination section below.

If you are a Student with several accounts, and you breach any of the terms or conditions outlined in this Agreement, we may, at our sole discretion, suspend or terminate all of your accounts. If you are in arrears in payment of your accounts, we may recover any amounts outstanding on any of your accounts from any of your other accounts that may have credit balances.

LIABILITY FOR CONTENT

You acknowledge and agree that the Company

  1. stores content and other information at the direction, request and with the authorisation of its users; and
  2. acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content. Portions of the Platform may allow you to upload or transmit or create data, videos, information, images, photographs, graphics and/or other material through the use of the Services (“Student Provided Content”). You are solely responsible for all the Student Provided Content that you upload, post or distribute to, on or through the Platform. You are solely responsible for all Student Provided Content of any type, including but not limited to text, music, videos, information, images, graphics, photographs and/or any other material that you upload, post, email, transmit or otherwise make available on the Platform further to any guidance and/or education imparted to You in rendering services. The Company is merely hosting such Student Provided Content, and the Company expressly excludes all liability concerning all Content and/or Student Provided Content and the activities of its Student with respect thereto. The Company does not control the Student Provided Content posted by Student or others on the Platform and does not guarantee the accuracy, integrity or quality of such Content.

The decision to submit any Student Provided Content to the Platform is your responsibility, and you should only submit material that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content, and you should not reproduce or submit anything without the permission of the owner. By submitting Student Provided Content, you represent, acknowledge, and warrant

  1. that you have the right to do so or that you have obtained any necessary third party consents (e.g., under the privacy or intellectual property laws),
  2. that the Student Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and
  3. that no other party has any right, title, claim, or interest in the Student Provided Content that would be infringed upon because of uploading the Student Provided Content.

You acknowledge and agree that the Company cannot and does not review the Student Provided Content created or uploaded by its Student, and neither the Company nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law. You agree that you or any Student Provided Content you submit will not contain libellous or otherwise unlawful, obscene, or abusive material; harm minors in any way; impersonate any person or entity, including, but not limited to, Company’s official, forum leader, instructor, or other registered members, or falsely state or otherwise misrepresent our affiliation with a person or entity; contain any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Platform or any servers or networks connected to the Platform, “stalk” or otherwise harass another person or entity; or collect or store personal data about other Students. Personal attacks or other action to threaten or intimidate or embarrass an individual, group, or organisation; or attacks based on a person’s race, national origin, ethnicity, handicap, religion, gender, veteran status, sexual orientation, or another such characteristic or affiliation are prohibited.

The Company and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders exclude, to the fullest extent permitted by law, any liability which may arise from any Student Provided Content uploaded to the platform by Students, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to the publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by Students of the Platform. By using the Platform, you irrevocably waive the right to assert any claim concerning any of the foregoing against the Company or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Whilst the Company uses reasonable endeavours to correct any errors or omissions in the Platform as soon as practicable once they have been brought to the Company’s attention, the Company makes no promises, guarantees, representations or warranties of any kind (expressed or implied) regarding the Website, the Apps, the Services or any part or parts thereof, any Content, or any linked services or other external services. The Company does not warrant that your use of the Platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Platform or any part or parts thereof, the Content, or the servers on which the Platform operates are or will be free of viruses or other harmful components. The Company does not warrant that any transmission of Content and/or Student Provided Content uploaded to the Platform will be secure or that any elements of the platform designed to prevent unauthorised access, sharing or download of Content and/or Student Provided Content will be effective in all cases and does not warrant that your use of the Platform is lawful in any jurisdiction.

The Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all the foregoing warranties and any other warranties not set out to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement, merchantability and fitness for a particular purpose.

Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply if the law of such jurisdiction applies to this agreement.

OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The Services, the Platform, and all information and/or content that you see, hear or otherwise experience on the Platform (collectively, “Content”) are protected by the Indian and international copyright, trademark and other laws. We own; or have the licence to use; or are permitted to use under the relevant provisions of the Copyright Act, 1957 and/or any other equivalent statute, rules, doctrines applicable in any other territory throughout the World, all the intellectual property rights relating to the Services, the Platform, and the Content, including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information and whether they happened to be registered. You will not acquire any intellectual property rights in the Company and/or to all or any part of the Platform and/or Services by your use of such Services or the Platform. You acknowledge and agree that the Platform and any necessary software used in connection with the Platform (“Software”), as well as all course materials and Content provided by Company, Company’s instructors, and/or third parties for the Company’s online courses and/or during imparting education and/or guidance as a part of the Services, contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform, the Software, the Content and/or the Student Provided Content, in whole or in part.

For the sake of brevity, it is expressly clarified that all content including, but not limited to, Student Provided Content shall belong solely and only to the Company either as owner thereof or under applicable provisions of the Copyright Act, 1957 and other similar laws across the World. Copying any such copyrighted Content from the Platform for any purpose, whether commercial or otherwise, shall violate the Company’s copyright and the Company reserves all its rights and remedies in the law concerning such violation. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes or otherwise, any portion of the Student Provided Content submitted by You or any part of the Platform. You grant an irrevocable, royalty-free, non-exclusive, unrestricted, worldwide licence to use, copy, sub-license, adapt, transmit, publicly perform, display, or create derivative works from any such Student Provided Content, in all languages, and to incorporate such Student Provided Content into other works in any format or medium now known or later developed.

YOUR LICENCE TO USE THE SERVICES

When you use our Services or the Platform, you may access intellectual property rights that we or our licensors own or licence and/or intellectual property owned by a third party(ies). Subject to your compliance with the terms and conditions of these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable and revocable licence, without the right to sub-license, to access and use the Services and/or any Content provided by us solely for your personal educational and non-commercial purposes while accessing the education services provided by the Company. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or the Content, except as permitted in these Terms of Use, without the Company’s express prior written consent. Implication grants no licences or rights to you or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licences and rights granted in these Terms of Use.

FEES

Someone may only access certain Content and Services of the Platform through purchase or a paid subscription as tuition fees.

If there is a tuition fee associated with a portion of the Services, you agree to pay such fees. The fees stated for the Services excludes all applicable taxes and currency exchange settlements unless stated otherwise. We may suspend or cancel the concerned Services if we do not receive an on-time, full payment from you. Suspension or cancellation of the Services for non-payment could cause a loss of access to and use of your account and its content. Connecting to the Internet via corporate or other private networks which mask your location may cause charges to differ from those displayed for your actual location.

To pay the fees for a Service, we will ask you to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the account management page. You agree to permit the Company to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.

By providing the Company with a payment method, you

  1. represent that you are allowed to use the payment method that you provided and that any payment information you provide is true and accurate;
  2. authorise the Company to charge you for the Services or available content using your payment method;
  3. authorise the Company to charge you for any paid feature of the services that you choose to sign up for or use while these Terms of Use are in force. We may bill you
    • in advance;
    • at the time of purchase; or
    • shortly after purchase. We may bill you at the same time for over one of your prior billing periods for amounts that haven’t previously been processed.

You expressly agree and acknowledge that all purchases are final and non-refundable.

The Company may change the fees at any time without prior intimation thereof. It is your responsibility to check the current fees. All fees incurred in connection with your username(s) and password(s) will be billed to the credit or debit card you designate during the registration process.

DISCLAIMER OF WARRANTY

The Platform and any Content are provided “as is”, and we do not represent or warrant that the Platform will always be accessible, uninterrupted, timely, secure, accurate, complete, error-free or will operate without data loss, nor do we warrant any particular quality of the website, software or services. We disclaim all other warranties and representations (express or implied, oral or written) concerning the Platform and/or any part thereof or any Content whether alleged to arise by operation of law, because of custom or usage in the trade, by a course of dealing or otherwise, including any

  1. warranties of merchantability,
  2. warranties of fitness or suitability for any purpose (whether we know, we have reason to know, we have been advised, or we are otherwise aware of any such purpose),
  3. warranties of non-infringement or condition of title, and
  4. warranties that the site, the Platform will operate without interruption or error. You acknowledge and agree that you have relied on no warranties.

The Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement, merchantability and fitness for a particular purpose.

Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.

LIMITATION OF LIABILITY

Neither the Company nor any related parties are liable to you or any third party for any loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business, loss of or damage to business or reputation, loss of opportunity, loss of advantage, loss of use of any software or data, loss of use of any mobile phone or other equipment, loss of use of the system on which the Platform is used, or for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with this agreement, the Platform or any Content, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised or are otherwise aware of the possibility of such damages.

In no event shall the Company and/or its related party’s total cumulative liability for any loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business, loss of or damage to business or reputation, loss of opportunity, loss of advantage, loss of use of any software or data, loss of use of any mobile phone or other equipment, loss of use of the system on which the Platform is used, or for any direct, indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with this Agreement, the Platform or any Content, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we or our related parties have been advised or are otherwise aware of the possibility of such damages, exceed the amount paid by you for the last paid Service subscribed to / accessed by you in the three (3) months before the accrual of the first claim. Multiple claims will not expand this limitation. This section will be given full effect even if any remedy specified in this Agreement is deemed to have failed of its essential purpose.

The Company and our related parties are not liable for any delay or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, an act of God, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or you.

Without limiting the generality of the foregoing, the Company may provide third party content on the Platform and may provide links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. The Company does not monitor or control any Third Party Content or third-party websites. The Company does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The Company does not represent or warrant the accuracy of any information contained, and we undertake no responsibility to update or review any Third Party Content. You use such Third Party Content contained at your own risk.

REPRESENTATION AND WARRANTY; INDEMNITY

You represent and warrant that you will:

  1. comply with all of your wireless carrier’s terms and conditions; and
  2. not breach any of the terms outlined in this Agreement
  3. the accuracy and truthfulness of all information you provide to the Platform for uploading to the Platform or otherwise, and (2) no information you upload to the Platform shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).

The Company expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, regarding the Platform.

You agree to indemnify and hold the Company and/or its related parties harmless from and against all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action or proceeding against us or our related parties, whether or not successful, resulting from, arising in connection with or relating to

  1. your breach of any term of this Agreement or any policy or guidelines referred to in it;
  2. your use or misuse of the Platform;
  3. any breach of your representations and warranties.

TERMINATION

We may terminate this Agreement, assigning no reasons and/or for cause, immediately without notice if:

  1. you, or any user of your mobile phone, breaches any of the terms of this Agreement (including, but not limited to, any restriction outlined in the Agreement);
  2. you, or any user of your mobile phone, damages a phone network or puts a phone network at risk or abuses or threatens our staff;
  3. you become insolvent or make an arrangement with your creditors;
  4. your mobile phone network is no longer compatible with our Services;
  5. your mobile phone number is withdrawn; or
  6. we are ordered by any court or government agency to cancel our Services or your use thereof.

Upon termination of this Agreement for any reason:

  • you can no longer use the Services and you will forfeit any credits/payments remaining on your account;
  • all Licences and Rights to use the Platform will immediately cease, and you must remove the Platform from your mobile phone and delete all copies of the Services in your possession;
  • we can disable or delete any Services you have installed without notice to you.

SEVERABILITY

Should one or more provisions of these Terms of Use be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

GENERAL

  1. Relationship of the Parties: You acknowledge and agree that nothing in this Agreement, including, but not limited to, registration with our Platform, constitutes an employment agreement or creates or acknowledges an employment relationship between you and us or makes us partners, joint venturers or otherwise participants in a joint undertaking. Our relationship shall solely be one of an instructor-student relationship as recognised in educational institutions.
  2. Amendments: We reserve the right to change or amend the terms of this agreement. It is your responsibility to check this Agreement regularly, including, without limitation, before using the Platform. Your continued use of the Platform constitutes your acceptance of the revised terms.
  3. Notices: Notices by you to us shall be invalid unless made in writing (fax or signed document) to the fax number or mailing address listed on the Platform. Notices by us to you may be made in any manner we deem appropriate in our sole discretion.
  4. Assignment and delegation: You must not transfer your account or assign any of your rights or delegate any of your duties under this agreement without our prior written approval. We may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement. Subject to the foregoing, this Agreement will be bound upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
  5. Privacy: Our Privacy Policy is available on INSERT LINK, which is incorporated into this Agreement, and explains how we will handle your personal information.
  6. Confidentiality: You must keep any information you get relating to our software confidential and will not use such information for any purpose that is not specifically provided for in this Agreement or allowed by us in writing.
  7. No Waiver: Our failure or delay to exercise or enforce any right or claim does not make up a waiver of such right or claim, and shall in no way affect our right to later enforce or exercise it.
  8. Headings: We intend the headings used in this Agreement for the convenience of reference only and in no way define, limit or describe the scope or substance of its provisions.
  9. Governing Law and Jurisdiction. This Agreement shall be governed by and construed under the laws of India. You consent to the jurisdiction of the courts of Mumbai, Maharashtra, for all disputes arising under or in connection with this agreement.
  10. Prevailing Language: The English-language version of this Agreement shall control and shall prevail in case of any inconsistencies with translated versions if an