TERMS OF USE

LAST UPDATED ON: 22 April 2022

 

These Terms of Use (“Terms of Use”) is made and entered into by and between Undersounds Entertainment Pvt Ltd. (“Company”, “we”, “us”, or “our”), a corporation organised and existing under the laws of India, with its head office located at 1/22, Vishwash Khand Gomti Nagar, Lucknow, Uttar Pradesh, 226010, and any person (“User”, “your” or “you”) who accesses and uses https://www.pravaas.co.in/ (the “Website”) by checking a box agreeing to all the terms and conditions, agrees to these Terms of Use. 

 

You are required to read and accept these Terms of Use before you may use the Website. By visiting, accessing and/or using the Website, we understand that you have fully read, understood, and accepted these Terms of Use. In addition, when you use any current or future version of the Website or check a box agreeing to all the terms and conditions, it will constitute a symbol of your signature. 

If you do not agree with these Terms of Use, you must stop using or accessing the Website immediately. Failure to use our Website in accordance with these Terms of Use may subject you to civil and criminal penalties

You hereby acknowledge and admit that you have read, understood, and accepted to be bound by these Terms of Use, as may be modified by the Company from time to time. Any amendments or variations thereto shall take effect from their date of publication on the Website. 

The Company and the User will be referred to as a “Party” individually and the “Parties” collectively.

 

SCOPE OF THE COMPANY’S WEBSITE SERVICES

Through the Website, Company provides information regarding the services provided by the Company through the Website and/or offline services provided by the Company (“Website Services”) including but not limited to, providing a Website for its Users to register and avail the various Website Services; any special or additional service as the Company may offer to Users from time to time.

The Company merely provides the Website for Users to be aware of the Website Services and register for the same. There is no charge currently for your use of the Website, although you will be charged for any Ticket and/or Website Service and all such transactions will be the responsibility of the Users only. These Terms of Use shall not be deemed to create any partnership, joint venture, or other joint business relationship between the Company and the Users.

To the extent you access the Website through any device, your wireless service carrier's standard charges, data rates and other fees may apply. By using the Website, you agree that we may communicate with you regarding the Website Services by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Website by push notifications, reminders and alerts for the purpose of providing the Website Services and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any prior information regarding such change except as published on the Website.

 

WEBSITE ACCESS, LICENSE AND OTHER CONDITIONS

Subject to these Terms of Use, you may access and use the Website and any other software that may be made available by Company in connection with the Website Services or any other application(s) and it may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You hereby acknowledge and agree that the Company, in its discretion, at any time during the use of the Website may choose to limit access or not provide any part of the Website or any content (including but not limited to, the name, trademark, and logo of the Company; all information about the Company; any text, correspondence, photographs, graphics, applications; any video recordings, audio recordings, sounds, blog content, designs, features, and other materials) generated by and/or belonging to the Company (“Content”).

All rights, title and interest in and to the Website and its components will remain with and belong exclusively to the Company. You shall promptly notify the Company if you become aware of a security breach, or a potential security breach related to the Website.

Company reserves the right to discontinue or modify any portion of these Terms of Use as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read these Terms of Use from time to time in order to stay informed about any such changes. 

The Website is freely accessible to the User(s). User(s) can register by filling an online registration form on the Website by giving information including but not limited to name, contact information. The Company may refuse the registration to any User for any reason whatsoever. By registering, you consent to be contacted by the Company through phone calls, text messages, notifications, or any other means of communication, in respect to the Website Services.

The Website Services are available only to those Users who can form legally binding contracts under the applicable law, therefore, User(s) must not be a minor as per the applicable law. Company advises its User(s) that while accessing the Website, they must follow/abide by the applicable laws. 

These Terms of Use apply to User(s) who access the Website and avail the Website Services online or otherwise for any purpose in accordance with these Terms of Use along with any additional terms and condition that may be applicable to the specific service used/accessed by the User(s). In the event of conflict or inconsistency between any provision of these Terms of Use with those of a particular Website Service, the provisions of the terms and conditions applicable to such specific Website Service shall prevail.

 

PROHIBITED USE OF THE WEBSITE

You agree only to use the Website for lawful purposes and agree that you shall not: (i) use our Website in any way that might breach any applicable laws, or regulations or might be fraudulent; (ii) access without permission, interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored, and any software used in the provision of our Website; (iii) use our Website for the purpose of harming or attempting to harm any individuals (including minors) in any way; (iv) send, knowingly receive, upload, download, use or re-use any material which does not comply with our intellectual property terms which we have outlined in Clause 4; and  (v) knowingly or recklessly transmit any data, send or upload any material that contains  viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar code designed to adversely affect the operation of any computer software or hardware.

 

INTELLECTUAL PROPERTY RIGHTS

Company is the sole owner and/or lawful licensee of all the rights to the Website’s intellectual property. The Website’s intellectual property shall mean, not limited to, its design, layout, text, images, graphics, sound, video etc. The Website embodies trade secrets and intellectual property rights protected under copyright, trademark and other laws of India. 

All rights not otherwise claimed under these Terms of Use or by the Company, are hereby reserved. The information provided on the Website is intended, solely to provide general information for the personal use of the User, who accepts full responsibility for its use. The Company does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded, or accessed from the Website or otherwise, the quality of any Website Service, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in connection with the Website and/or the Website Services. 

Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Website. 

Company respects the intellectual property rights of others, and we expect our User(s) to do the same. You may print, store individual pages, and retrieve and display Content posted on our Website on a computer screen for your personal use but shall not use any Content posted on the Website for commercial purposes without our consent. User(s) hereby agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, or databases available on or through the Website for the purpose of re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with the Company. 

If you use any part of the Website or its Content in breach of these Terms of Use, you will no longer have permission to use the Website, and in addition to any other rights we have in law, we may require you to return or destroy any copies you may have. 

As a condition of your access to and use of the Website, you agree that you will not use the Website to infringe the intellectual property rights of others in any way. Company reserves the right to terminate the Website Services being provided to a User(s) upon any infringement of the rights of others in conjunction with use of the Website, or if Company believes that User(s) conduct is harmful to the interests of Company, its affiliates, or other users, or for any other reason in Company’s sole discretion, with or without cause.

 

LINKS TO THIRD PARTY WEBSITES

Links to third party websites may be provided by the Company as a convenience to User(s). You acknowledge that these third-party websites are independent from us, we have no control over them, and we do not endorse accept responsibility or liability for their content, products or services, practices, terms and conditions, sustainability or compliance with laws. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such websites. 

Links to third party websites does not necessarily mean that we are, or our Website is affiliated or associated with such third-party website. If you do decide to visit any other website or click on any third-party website or content, you do so at your own risk. We do not accept any responsibility for liability for third party websites or their practices.

 

TERMINATION

Most of the features of the Website are made available to Users, free of charge. However, the Company reserves the right to terminate access to certain areas or features of the Website to any and all its Users whether paying or registered, at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular Users to any and/or all of its Website Services without any prior notice/explanation in order to protect the interests of the Company and/or other Users. The Company reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice. 

The User must agree that any termination of User’s access to the Website and/or the Website Services may be affected without prior notice. Further, the User must agree that the Company shall not be liable to the User or any third party for the discontinuation or termination of User’s access to the Website Services.

 

DISCLAIMER

The Content on our Website is for general information purposes only. The Website Services are provided on an "as is" and "as available" basis. We take care to ensure that the Content provided on the Website is accurate and complete, but it is not intended to amount to advice on which you should rely. Any material downloaded or otherwise obtained through the Website is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from Website or through the Website shall create any warranty not expressly stated herein.

The Company hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of quality, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings, and terms are hereby excluded. The Company makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, and completeness of any information provided on or through the Website. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to its Website and/or Website Services.

LIMITATION OF LIABILITY

The Company shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages.

 

GOVERNING LAW

The terms contained in these Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India. Any dispute which may arise between the Company and the User pertaining to the implementation or interpretation of these Terms of Use shall be amicably settled, failing which the courts in Lucknow, India shall have the exclusive authority to settle the same.

DISPUTE RESOLUTION

All disputes arising out of or in relation to these Terms of Use, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Company and the User within thirty (30) days of being brought to their attention, will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If the Company and User are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein the Company and User shall each appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator. 

The venue/seat of arbitration shall be Lucknow, India and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either the Company or User notifies the other in writing to that effect. The decision of the arbitrator(s) will be final and binding on the Company and the User.

WAIVER

The User hereby, with this reference, waives their right to take legal action against Company, including without limitation, its representatives, licensees, marketers, and any other related parties for the breach of any of these Terms of Use. Notwithstanding the foregoing, the User shall in no way have deemed to have waived their right to any legal action resulting from any material breach of these Terms of Use and/or any obligations mentioned within these Terms of Use for which they ought to have a legal remedy under appropriate law. Company’s failure to enforce any right or failure to act with respect to any breach by a User(s) under these Terms of Use will not waive that right nor waives Company’s right to act with respect with subsequent or similar breaches.

 

MISCELLANEOUS

NOTICE: Any notice or other communication provided for herein or given hereunder to the Company and/or the User shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) or e-mail to the Company’s address as mentioned in these  Terms of Use and to the address of the User as provided to us by the User in writing at the time of availing the Website Services. Any change in the email address shall immediately be updated by the User, failing which, any notice sent to the User on the pre-existing email address shall be deemed to be a notice duly served to the User.

SUCCESSORS AND ASSIGNS: These Terms of Use shall be binding on and inure to the benefit of the Parties and their respective heirs, legal or personal representatives, successors, and assigns.

CONFIDENTIALITY: Any communication made by the User(s) to the Company via or on the Website is confidential. However, your communication may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from and to the Company may be monitored and recorded.

 

FORCE MAJEURE: The Company shall not be liable for any failure or delay in performance of these Terms of Use, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to internet failures, computer, telecommunications or any other equipment failures, electrical power failures, acts of God, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labour activity, or strike, court order or any other cause outside our exclusive and direct control.

ENTIRE AGREEMENT: These Terms of Use along with other documents as and when updated on the Website or sent directly to the User, shall constitute the entire agreement between the Parties, relating to the subject matter contained in these Terms of Use and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties, whether oral, written or otherwise.

SEVERABILITY: Any provision of these Terms of Use will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms of Use is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but these Terms of Use will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

 

SURVIVABILITY: All clauses that logically ought to survive the termination of these Terms of Use shall survive.

HEADINGS: Headings used in these Terms of Use are provided for convenience only and shall not be used to construe meaning or intent.

 

AFFIRMATION: The User affirms that they have entered into these Terms of Use freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in these Terms of Use and have read and understood the terms and conditions contained in these Terms of Use.

GENDER AND PLURALS: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Terms of Use and not to any provision or section.

 

COUNTERPARTS: These Terms of Use may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. 

ELECTRONIC SIGNATURES: For purposes of these Terms of Use, the use of a facsimile, email, or other electronic media shall have the same force and effect as an original signature.

CONTACT US: If you have any queries regarding these Terms of Use, feel free to contact us at support@undersounds.in.

 

You acknowledge that you have read, understood, and accepted to be bound by these Terms of Use. 

Effective as of 22/04/2022