Acceptance of Terms

1. By accessing our Platform, you are indicating your acceptance of the Terms of Use. It means that you have read, understood, and agreed to be bound by: (i) these Terms, and (ii) our Privacy Policy, and (iii) all other operating rules, policies and procedures (collectively referred to as “Policies”) that Saregama may publish from time to time in connection with the Platform. The Policies are incorporated by reference into these Terms. If the contents of any of our other Policies conflict with these Terms, these Terms will prevail over the Policies.
2. You also agree that you will use our Services only in accordance with all applicable acts of the legislature, rules, regulations, bye-laws, ordinances, notifications, directives, orders of government authorities, tribunals and courts, and applicable international treaties and customs, in force in India (collectively referred to as “Applicable Laws”).
3. Saregama may, in its sole discretion, refuse to offer the services on the Platform to any person or entity, and change its eligibility criteria (to avail services under the Platform) at any time. This provision is void where prohibited by Applicable Law and the right to access the services on the Platform is revoked in such jurisdictions.

Rules and Conduct of Use

1. To be eligible to use our Platform, you must be above the age of 18 years. If you are under the age of 18 years, you must obtain permission from your parent or legal guardian to use the Platform. If you are a parent or guardian, these Terms of Use will equally apply to you and you will be responsible for the minor's activity on the Platform.
2. You agree not to use the Platform for any purpose that is prohibited by the Terms of Use. You also agree that any information that you share with us will be truthful, and accurate.
3. For purposes of the Terms of Use, the term “Content” includes, without limitation, any information, data, text, photographs, videos, audio, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Platform. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including contributing to any Content) that: would constitute a violation of any Applicable Law, rule or regulation; infringes any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; contains software viruses or any other similar computer codes, files, or programs; or impersonates any person or entity. Saregama provides the Platform to view audio, videos, files, media, images, graphics, interactive features and other Content related to the services. This content is either: (i) owned by Saregama (“Saregama Content”); or (ii) licensed by Saregama from third party service providers (“Licensed Content”). We may also allow you to upload and share text, audio, videos or other Content through the Platform (“User Content”). “Content” means Saregama Content, Licensed Content and User Content collectively.
4. You are responsible for the User Content you may provide to the Platform. You are responsible for compliance with applicable laws, rules and regulations for the content you post or use. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Platform. All User Content is the sole responsibility of the person who originated such User Content. We may not monitor or control the User Content posted via the Platform and, we cannot take responsibility for such User Content. We may remove the User Content that violates the Terms of Use, such as impersonation, copyright and trademark violations, obscene material, harassment, unlawful conduct.
5. Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Saregama's (or its third party providers') infrastructure; or (ii) impair, damage, or disable Saregama's server or application; (iii) interfere or attempt to interfere with the proper working of the Platform and its services or any activities conducted on the Platform; (iv) create any restriction on access to or availability of the Platform and the services; (v) attempt to gain unauthorized access by way of hacking or any other means to the Saregama's interface; or (vi) bypass any measures Saregama may use to prevent or restrict access to the Platform or the service (or parts thereof).
6. The Platform is an online platform which offers music related courses to users for the purpose of learning, through enrolment. You may make use of this Platform and features provided herein or through it for personal use only and not for commercial gains or to modify it, or any portion of it in any manner whatsoever.
7. Saregama may, at its discretion, provide a trial period to users for select services on the Platform. Such trial period and a user's eligibility may be subject to modifications, cancellations, etc., at Saregama’s sole discretion, without prior intimation.

Account activation and maintenance

1. In order to access the services in the Platform, you may be required to sign up for an account ("Account"). To create your Account, we may collect personal information from you. Such personal information may include but is not limited to name and phone number. Unless you provide us the information that we seek through the Platform, we may not be able to create an Account for you. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
2. Against one Account, you may create upto four (4) profiles. Each profile should contain the learner's name, age and gender. You may access your Account from devices where the Platform can be downloaded.
3. You are responsible for any activity that occurs through your Account. By allowing others to access the Account (which includes access to information on viewing activity for the Account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the Account. To help maintain control over the Account and to prevent any unauthorized users from accessing the Account, you should maintain control over the device which is used to access the Platform and not reveal the password or other details associated with the Account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you Account related notices. We can terminate your Account or place your Account on hold in order to prevent identity theft or other fraudulent activity.
4. Saregama cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, you are required to notify Saregama immediately by using the “Contact Us” option available on the Platform.

Payments and Taxes

The Platform may contain free services and services that can be availed after payment of Subscription Fees or one-time fees for certain features. Subscription Fees towards the particular service or feature of the Platform may be a one-time payment or a payment that auto-renews. If you cancel the subscription, your Account and any profile associated with it shall only have access to the free features of the Platform.

The details of the one-time fees or Subscription Fees and payments, as the case may be, are described in the respective feature or service on the Platform. Should you choose to subscribe, it is understood that you authorize Saregama to charge your approved payment method (eg., credit card, debit card, UPI, etc) for the applicable Subscription Fees or one-time payment. Subscription Fees and any other payments and terms and conditions may vary basis the subscription period availed, application promotions and the type of subscription or feature. You are responsible for fees and charges incurred, including applicable taxes, and all subscriptions made by your Account(s). In order to facilitate payment, Saregama may use a third-party payment processor. Subscription Fees once paid are non-refundable and final.

In the event of a price change to a subscription service, you will be notified and provided an opportunity to review the same. Any change to the price shall be effective at the beginning of the next subscription period after the date of the relevant price change. If you do not accept this price change, you have the right to refuse the change by cancelling the subscription before the price change takes effect.

Proprietary Rights

All Content included on this Platform, not limited to songs, music (including the sound recordings works and the underlying works thereof), images, visuals, stills, text, graphics, logos, button icons, images, audio clips, data compilations, and software is the property of Saregama, and is protected by National / International Copyright law, Trademark law, and trade secret law.

Saregama owns the copyright in this Platform as a collective work and/or compilation, and in the selection, coordination and arrangement. You may not copy/use the design, style, unique links, services etc. provided on / through this Platform except as expressly provided in these Terms of Use. Saregama does not grant any rights to you under any patents, copyrights, trademarks or trade secret information.

Service Availability and Updates to Platform

1. Downtime: Saregama will try to provide you with uninterrupted access to the services on the Platform. However, we cannot guarantee that the services will be available at all times. There may be situations of downtime during which the services including any third-party services accessible through the Platform may be unavailable for reasons or factors beyond our reasonable control. We are not responsible or liable in any manner for any loss that you may suffer due to such outage or disruption to the services. We may also regularly conduct scheduled maintenance operations for you to effectively use our services. Outages caused by routine scheduled maintenance will not be considered as downtime.
2. Updates to Platform or Software: We may update our software to enhance functionality and provide improved features. Accordingly, you may be required to install the updated versions of the Platform, app or device software for continued usage.

Modification of Terms of Use

Saregama reserves the right to modify or replace any of the Terms of Use, or change, suspend, or discontinue services on the Platform or the Platform itself (including without limitation, the availability of any feature, database, or content) at any time. Saregama may also impose limits on certain features and services or restrict your access to the services (partly or wholly) without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Termination

Saregama may terminate your access to all or any part of the Platform or services at any time if you fail to comply with the Applicable Law, the Privacy Policy, these Terms of Use, or any other Policies. This may result in the forfeiture of fees and payment made to Saregama and destruction of all information associated with your use of the Platform and cancellation of your account. If you wish to terminate your use of the service with us, you may do so by following the instructions on the Platform. Upon any termination, all rights and licenses granted to you in this Agreement will immediately terminate, but all provisions hereof which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers, intellectual property, indemnity and limitations of liability.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE PLATFORM, APP OR DEVICE SOFTWARE AND ANY CONTENT) IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT GUANRANTEE UNINTERRUPTED, ERROR-FREE, OR TIMELY PROVISION OF THE SERVICE. YOU ACKNOWLEDGE THAT COMPUTER SYSTEMS AND ONLINE SERVICES ARE NOT FAULT-FREE AND THERE MAY BE PERIODS OF DOWNTIME ON THE PLATFORM OR THE APP.

Indemnification

You shall defend, indemnify, and hold harmless Saregama, its affiliates and each of its, and its affiliates, employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, causes of action, and expenses, including reasonable attorneys' fees, that arise from or relate to (a) your use or misuse of, or access to, the services and the Platform; (iii) your violation of the Terms of Use including User Content or any Applicable Law, contract, policy, regulation or other obligation; or (iv) your breach of any third-party rights. Saregama reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Saregama in connection therewith.

Limitation of Liability

IN NO EVENT WILL SAREGAMA OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR (INCLUDING BUT NOT LIMITED TO) (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) YOUR RELIANCE ON THE SERVICE OR (III) ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE.

Governing Law

The Terms of Use provided through this Platform shall be governed by the laws of India. You agree to submit to the exclusive jurisdiction of the Courts located in Kolkata, India as regards any claims or matters arising hereunder.

Contact Information

If you have any questions or queries regarding this Platform, please send us an email at : padhanisa@saregama.com. Or contact us at Saregama India Limited, 33 Jessore Road, Dum Dum, Kolkata 700028. Or use the 'Contact Us' option as available on the Platform and follow the instructions.

Saregama will be your point of contact for resolving any grievances relating to the use, performance or functioning of our Platform. You may contact our Grievance Officer Sumit Mishra, Designation - Senior Manager, email ID - sumit.mishra@rpsg.in Phone no: +918657581003. We will endeavour to promptly redress any grievances or complaints that we receive. We are not responsible for addressing any grievances arising from the use of third-party services through the Platform. For any grievances relating to third-party services, you must contact the third-party directly.

Miscellaneous Provisions

1. Entire Agreement: The Terms of Use are the entire agreement between you and Saregama with respect to the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Saregama with respect to the Platform.
2. Severability: If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect, and are enforceable.
3. Waiver: The failure of either party to exercise in any respect any right under these Terms of Use will not be deemed a waiver of the rights.
4. Force Majeure: Saregama will not be liable for any failure to perform its obligations under the Terms of Use due to any force majeure event including but not limited to act of God, failure in communication systems, equipment breakdown, server down time, acts of government, lockdowns, pandemic, strikes, or any other event beyond our reasonable control.
5. Assignment: The Terms of Use are personal to you, and are not assignable or transferable by you. Saregama may assign, transfer or delegate any of its rights and obligations under these Terms of Use without your consent.
6. Your Relationship with Saregama: No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.
7. Electronic Communications and Notifications: When you use the Platform or send emails to Saregama, you are communicating with Saregama electronically. You consent to receiving communications from us electronically. We may notify you about relevant information relating to your use of the services, including information pertaining to promotional offerings through in-app push notifications, or about your Account. You agree that all the agreements, notices, and other communications that we provide to you electronically satisfies any legal requirement of the communications being in writing.
8. Feedback: You may voluntarily provide Saregama with your feedback, suggestions, proposals, or details of your user experience (“Feedback”) with respect to the services. We will have a royalty-free right to use, license, exploit, share, create derivative works of, or distribute such Feedback as per our sole discretion.
9. Notice: Except as otherwise provided herein, all notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.