Effective Date: October 1, 2023

Date of last revision: October 1, 2023

Welcome, and Thank you for your interest in Kaushiki’s Music and Us (hereinafter referred to as M&U), a platform provided by Kaushiki Arts Private Limited (“Company”, “we,” “our,” “us”). Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using Kaushiki’s Music and Us.

This Agreement sets forth the basis on which you are permitted to access and use the Company’s website, hosting Kaushiki’s Music and Us, https://www.kaushikismusicandus.com and any subdomains thereof (collectively “Website”); and all related websites, applications, widgets, software, tools, data, players, application programmatic interfaces (APIs), functionalities as provided in service overview providing, facilitating and imparting training in Indian classical music through the various Courses (as defined below), all Content (as defined below), and Offerings (as defined below), available on the Website (collectively “Services”). This Agreement applies to the Website, and Services (together, the “Platform”). Kaushiki Arts Private Limited offers and provides the Platform to you subject to the terms and conditions set forth in this Agreement. By using, accessing, or otherwise interacting with any portion of the Platform, you are entering into a binding contract with us and consenting to the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions contained herein, do not use or access the Platform. We reserve the right to update this Agreement at any time without the requirement of any notice to you. These Terms of Use are a legally binding contract between you and the Company regarding your use of the Platform.

As a condition precedent to the use of the Platform, you also agree to be bound by the privacy policy available at https://www.kaushikismusicandus.com/privacyPolicy, and any other policy or procedure implemented by the Company. We may suspend or terminate your access to the Platform if you fail to comply with our posted policies.

We may modify the Terms of Use at any time. Any changes to the Agreement will be reflected on this page and will become effective immediately upon posting. If the changes are significant, we will do our best to notify you via email or through a notification. Please check the effective date above to determine if there have been any changes since you have last reviewed the Agreement.

If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Platform.

1. SERVICE OVERVIEW:

The Company facilitates and imparts knowledge and training of traditional Indian classical music, with the help of the modern technology, creating a bridge between the traditional system and today’s contemporary generation in order to promote, nourish and continue the legacy of the cultural heritage of India. The Company through M&U strives to provide online courses of varying progression levels. Through the Service, you may:

• - browse courses published on the Website (“Courses”) and other Content offered by the Company (Courses and Content collectively referred to as “Offerings”), through its authorized and trained representative, and certain other third party instructors.
• - create an account
• - sign up to receive more information about certain Offerings offered through the Service
• - purchase certain of the Offerings offered through the Service
• - participate in certain of the Offerings offered through the Service, including engaging with course Content, taking tests, submitting assignments, obtaining your result and certificate of completion and providing, feedback following the Offering.

2. ELIGIBILITY:

In order to accept this Agreement and to use the Platform, you must be at least eighteen (18) years of age in India; or be the age of majority in your country (Minimum Age). The Platform is not intended for users under the Minimum Age. In case you are deemed a minor in your country, your use of this Platform shall be under the supervision of a parent/guardian. We understand that the users of the Platform can be of different ages; however, a minor’s use of this Platform can only be through the Parent or Guardians supervision.

3. USER ACCOUNTS:

You must create an account on the Website to access the Platform. By creating an account, you are representing that you are at least 18 years old and that all information you provide to the Company is current, complete, accurate, and otherwise in compliance with this Agreement at all times. Submission of any information that is false, misleading, inaccurate, incomplete, obsolete, or prohibited under this Agreement may result in termination of your account. If you are below the age of 18 years in India or are a minor in your Country, you shall open the account in the name of your parent/guardian who shall for all legal purposes be responsible for the user’s access and use of the Platform.

We may require that you submit certain personal information to us when you complete your account profile. For example, we may require your e-mail address, a password, and a username (“Username”). We may also require your name, date of birth, and country for the purposes of your identification by the Company. If we require this information, you must provide us with a valid and accurate information and e-mail address to use the Platform, and you will be responsible for maintaining the confidentiality of your password and account.

Your Username is how you will be publicly identified on the Platform, along with any photo you may choose to associate with your account. Usernames are allocated on a first come, first serve basis. We may refuse or reclaim any Username we determine, in our sole discretion, to be offensive or illegal. We reserve the right, in our sole discretion, to refuse, remove, or reclaim any particular username, with or without notice to you. You may not use a Username that misappropriates the right of publicity or intellectual property rights of any third party (e.g., the name of a brand or another individual) without express permission of such third party. We may refuse to issue a Username or reclaim a Username if we determine that such Username impersonates someone else, misappropriates a person’s right of publicity, is illegal, or is offensive.

You are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time. You are solely responsible for keeping the confidentiality of your account and password, which includes not sharing your password or letting anyone else access or compromise your account and restricting access to Services from your compatible devices. If you believe that your account is no longer secure, then you should immediately notify us at support@kaushikismusicandus.com .

4. FEE PAYMENT, CANCELLATION AND REFUND POLICY:

Certain features and Offerings of the Platform may require you to pay fees. You are responsible for paying all fees charged by the company and applicable taxes in timely manner with the payment mechanism associated with the Platform as detailed below. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged and as applicable any other term and conditions associated with your purchase (e.g. Course requirement, prerequisite for the Course, duration of the Course, time that you need to spend on the Course, assignments associated with Course, expiration dates for Course, etc.). All fees are in Indian rupees or in US Dollars (If you are residing outside India) and are non-refundable, except as provided in our refund policy or as required by law.

• A. Price: The Company reserves the right to determine price for the Offerings. The Company will make reasonable efforts to keep pricing information published on the Offerings up to date. The Company may from time to time change the fees for any of the Offering including additional fees or charges, however any such change in the fees charged for the Offering shall only be made prior to purchase of any Offering by you. Unless otherwise indicated, the fees charged by the company or any of its third party payment processors for the Offering are inclusive of all taxes in India. Any applicable taxes in case of an international transaction, shall additionally will have to be borne by you
• B. Authorization: You authorize the Company to charge all sums for any purchase you make on the Platform for any Offerings as described in this Agreement or otherwise published by the Company including all applicable taxes, through the payment method specified in your account. All the payments shall be made through authorized thirdparty payment gateways that are linked and published on the Website. No other form of payment shall be considered valid except through the authorized payment channels present on the Website Fees once paid are not refundable under any circumstances. However, if there is any excess payment for any reason whatsoever, you may reach us with the necessary documentation at support@kaushikismusicandus.com for further action.

5. PRIVACY:

The Company respects the privacy of others. Please see our https://www.kaushikismusicandus.com/privacyPolicy for important information and disclosures relating to the collection and use of your information in connection with your use of the Platform.

6. AUTHORIZED JURISDICTIONS:

The Company may limit the availability of the Platform to any jurisdiction or jurisdictions (individually, “Authorized Jurisdiction,” collectively, “Authorized Jurisdictions”). The initial Authorized Jurisdiction is India, and all other countries, except for the countries in which the use is expressly prohibited by the laws of India or the laws of such countries. You are prohibited from using the Platform outside of the Authorized Jurisdictions. The Company may add or remove countries, regions, or territories from their Authorized Jurisdictions at any time without notice to you.

7. INTELLECTUAL PROPERTY OWNERSHIP:

All Content, Offerings, functionality and any Services provided on this Platform including but not limited to, the text, graphics, photos, audios, videos, audio-visual work, creative content, sound recording, musical work, cinematograph film, literary work, artistic work, computer program including source code or object code, software, compilation of data, interactive features, promotional and advertising material, any other work of authorship, or copyrightable material, and other content and the trademarks, service marks and logos contained therein (the “Content”), are owned by or licensed to the Company, and are subject to applicable copyright and other intellectual property laws. You acknowledge that the Platform including its Content, Offerings and Services, is provided to you on an as is basis for your personal use only and, except as permitted under this Agreement, may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Except as expressly provided herein, the Company does not grant any express or implied right to you under any copyrights, trademarks, trade secrets, patents, or other proprietary rights owned by the Company.

8. RIGHTS GRANTED TO YOU:

Subject to your full compliance with all of the terms and conditions of this Agreement, the Company hereby grants you a limited, personal, non-commercial, non-exclusive, revocable, non-sublicensable, non-transferable, non-assignable license to access and use the Platform for the sole purpose of your personal, non-commercial use. You must not reproduce distribute, modified create derivative works of, publicly display, publicly perform republish, download, store or transmit any of the Content and Offerings on the Platform, except as follows: Data can be stored in cache memory by a web browser for displaying data in real-time

The Company is entitled, without any liability, to refuse, restrict, limit, suspend, interfere, interrupt access or functionality of the Platform or any part thereof, without any notice to you, for the purposes of repair, improvement, or upgrade of the Platform or for any of the reasons for termination as mentioned below.

9. USE OF THE PLATFORM:

The Platform is provided solely for your own non-commercial use. In order to use the Platform, you must receive data connectivity services from your mobile carrier or Internet service provider. You are responsible for all costs, fees, and related charges of the data connectivity service in connection with or related to your use of the Platform. Data connectivity service may vary among service providers. The Company assumes no liability or responsibility for the payment of any charges you may incur. You acknowledge that the cost of such data connectivity service may rise significantly when roaming internationally. Therefore, you are advised to consider the cost of using the Platform, depending on your location at any particular time.

10. RESTRICTIONS ON USE:

You represent, warrant, and agree that you will not interact with, the Platform and/or other users in a manner that:

• (a) violates this Agreement;
• (b) infringes or violates the personal property, and/or intellectual property rights (or any other rights including, but not limited to, moral rights, privacy rights, rights of publicity, and/or any rights relating to confidential or proprietary information) of anyone else (including the Company);
• (c) misrepresents information and/or knowingly provides false, incomplete, or inaccurate information;
• (d) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by the Company;
• (e) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous (including any attack on another user’s character or reputation), vulgar, pornographic, obscene, or otherwise objectionable (including inciting violence, hate speech, and other discriminatory language that may promote racism, bigotry, or harm of any kind against any group or anyone else);
• (f) jeopardizes the security of your User Account information, account, or anyone else’s (such as allowing someone else to log in to the Platform as you);
• (g) attempts, in any manner, to obtain the password, account, or other security information from any other user;
• (h) violates the security of any computer network, or cracks any passwords or security encryption codes;
• (i) runs Mail list, Listserv, any form of auto-responder or “spam” on the Platform, or any processes that run or are activated while you are not logged into the Platform, or that otherwise interfere with the proper working of the Platform (including by placing an unreasonable load on the Platform’ infrastructure);
• (j) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Platform (through use of manual or automated means);
• (k) modifies, copies or stores any significant portion of the Offerings or any Services provided on the Platform; or
• (l) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Platform.
• (m) violates the intellectual property of the Company, including but not limited to, publishing, distribution, reproducing, recording, posting, or submission of any Content on or relating to the Platform, wholly or in part, on any social media, digital media, or any other public forum.
• (n) delete, deface, or alter any copyright, trademark or other proprietary rights notices from copies of material from the Website, Offering, or any Services provided on the Platform.

A violation of any of these provisions or the foregoing is grounds for termination of your right to use or access the Platform.

11. USER CONTENT:

The Company may enable you to add, create, submit, post, distribute, display, transmit and/or exchange certain Content, comments, feedback, survey responses, e-mails, through the Platform, including, without limitation, text, messages, photos, playlists, videos, audios, sounds, data, graphics, suggestions, feedback, comments, or proposals and information, including, without limitation, personal information and location-based services (“User Content”).

You shall upload the applicable User Content in a timely manner for the purposes of evaluation on the Platform, when called upon to do so. We shall not be responsible for any delay caused by you, without any default on our part, in uploading and submitting such User Content. In case of any technical difficulties in submitting such User Content, you can reach us at support@kaushikismusicandus.com or through message at Music & Us Support No. +91- 9321491696. Uploading such User Content shall be subject to technical limitations and shall comply with the restrictions on use above-mentioned.

If you choose to provide User Content through the Platform, you must not submit to the Platform any User Content that does not comply with this Agreement or the law. For example, the User Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the User Content you submit to the Platform.

Rights you Grant:

You retain ownership rights in your User Content. However, we do require you to grant certain rights to the Company and other users of the Platform as described below.

License to the Company:

By providing User Content to the Platform, you grant to the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, or modify that User Content in whole or in part (including to reproduce, distribute, prepare derivative works, display, and perform it) in connection with the Platform and the Company’s (and its successors and affiliates) business, including for the purpose of improving, promoting, and redistributing all or parts of the Platform.

Right to Monetize:

You grant to the Company the right to monetize your User Content on the Platform. This Agreement does not entitle you to any payments.

12. THIRD PARTY CONTENT AND SERVICES:

Third party applications, websites, or services may be made available to you through the Platform (“Third Party Services”). The Company does not verify, endorse, or have any responsibility for any such Third Party Services, their business practices (including their respective terms of service and privacy policies), or any goods or services associated with or obtained in connection with any such site, even if the Platform’s logo(s) or sponsorship identification is on the Third Party Service as part of a co-branding or promotional arrangement. Some of these third parties may require you to agree to additional terms and conditions. Your uses of such features constitute your agreement to be bound by these additional terms and conditions. The terms of Third Party Services are subject to change at such Third Party Services’ discretion. If you choose to access Third Party Services through the Platform, you do so at your own risk.

13. CONSENT TO COMMUNICATION PREFERENCES:

You may receive communications through the Platform, including messages that the Company sends you (for example, via e-mail, WhatsApp, or SMS). By signing up for the Platform and providing us with your mobile number, you confirm that you want the Company to send you information that we think may be of interest to you, which may include the Company using automated dialing technology to text you at the mobile number you provided, and you agree to receive communications from the Company, and you represent and warrant that each person you register for the Platform or for whom you provide a mobile number has consented to receive communications from the Company.

14. WARRANTY DISCLAIMER:

Kaushiki Arts Private Limited and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Kaushiki Arts Private Limited and all such parties together, the “Company Parties”) make no representations or warranties concerning the Platform, including without limitation, regarding any Content contained in or accessed through the Platform, and the Company Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Platform or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Platform. The Company Parties make no representations or warranties regarding suggestions or recommendations of Services or products offered or purchased through or in connection with the Platform.

THE PLATFORM, OFFERINGS ON THE PLATFORM, AND SERVICES ARE PROVIDED BY KAUSHIKI ARTS PRIVATE LIMITED (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND OFFERINGS AVAILABLE ON THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ORTHAT USE OF THE SERVICES WILLBE UNINTERRUPTED OR FREE OF ERRORS, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. KAUSHIKI ARTS PRIVATE LIMITED IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, AND YOU AGREE TO USE CAUTION AND BEST JUDGMENT IN ALL INTERACTIONS WITH OTHER USERS ON OR OFF THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, OR LEGITIMACY OF USERS. FURTHERMORE, THE COMPANY MAKES NO GUARANTEES AS TO THE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE PLATFORM.

15. LIMITATION OF LIABILITY:

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE PLATFORM; (B) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, OR ANY OFFERINGS, OR ANY CONTENT OF ANY OFFERINGS (C) ANY SUBSTITUTE SERVICES OR TECHNOLOGY, (D) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) RS. 500 OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO THE COMPANY IN CONNECTION WITH THE PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.

16. INDEMNITY:

To the fullest extent allowed under applicable law, you agree to indemnify and hold the Company Parties harmless from and against any and all injury, claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your access and use of the Platform (including any actions taken by a third party using your account) and (b) your violation of these Terms of Use, or any applicable law, rules or regulation. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder)

17. TERM AND TERMINATION:

This Agreement will remain in effect for as long as you use the Platform or until the duration of the Offerings, for which you paid the Company. The Company may terminate this Agreement at any time for any reason and may close your account, or suspend your access to the Platform, at any time without notice and without responsibility or liability to you, in the event of your actual or suspected unauthorized use or misuse of the Platform, or breach of this Agreement. Upon termination of this Agreement, any rights and licenses granted to you hereunder are immediately terminated. You agree that we are not liable to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any and all provisions of this Agreement that necessarily should survive termination of this Agreement will survive its termination.

18. ASSIGNMENT:

The Company may freely assign this Agreement at any time. This Agreement shall inure to the benefit of the Company and its successors and assigns. You shall not assign this Agreement or any part hereof. Any purported assignment by you shall be void from the initial date of the purported assignment.

19. GOVERNING LAW AND DISPUTE RESOLUTION:

This Agreement and your use of the Platform shall be governed by, construed and enforced in accordance with the laws of India and, all the local courts of Ahmedabad shall have exclusive jurisdiction over all matters arising pursuant to this Agreement.

20. ENTIRE AGREEMENT:

This Agreement contains the entire understanding and agreement between you and the Company and supersedes any and all prior or inconsistent understandings relating to the Platform and your use of the Platform. This Agreement cannot be changed or terminated orally and may not be modified except as described in this Agreement.

21. NO WAIVER:

The Company’s failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; by us of any breach or default of these Terms of Use, or any provision of these Terms of Use, be a waiver of any subsequent breach or default or a waiver of the provision itself, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

22. SEVERABILITY:

Should any provision of this Agreement be held by a court of competent jurisdiction to be enforceable only if modified, or if any portion of this Agreement shall be held as unenforceable and thus stricken, such holding shall not affect the validity of the remainder of this Agreement, the balance of which shall continue to be binding upon the parties with any such modification to become a part hereof and treated as though originally set forth in this Agreement.

23. FORCE MAJEURE:

The Company shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, pandemic, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

24. QUESTIONS AND CONTACT:

If you have any questions regarding this Agreement, you may contact the Company at kaushiki.legal@gmail.com.