Terms And Conditions

Welcome to https://www.kaushikismusicandus.com. This website is owned and operated by Kaushiki Chakraborty. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereinafter referred to as the ‘Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information). 

We reserve the right to change this Agreement from time to time with/without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. 

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE  FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Agreement governs your use of this website https://www.kaushikismusicandus.com (hereinafter referred to as the ‘Website’), This Agreement includes and incorporates by this reference, the policies and guidelines referred below. Kaushiki Chakraborty reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Kaushiki Chakraborty will/will not alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Kaushiki Chakraborty encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Kaushiki Chakraborty for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

Responsible Use And Conduct 

In order to access our Resources/ , you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources/ . Accordingly, you are responsible for all activities that occur under your accounts. Accessing (or attempting to access) any of our Resources/ by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources/ through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Resources/ , including the servers and/or networks to which our Resources / are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources / is strictly prohibited. 

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

Privacy

Kaushiki Chakraborty believes strongly in protecting user privacy, which is why a separate Privacy Policy has been created in order to explain in detail how we collect, manage, process, secure, and store your private information. Please refer to Kaushiki Chakraborty’s Music And Us privacy policy, incorporated by reference herein, that is posted on the Website.

Customer Solicitation

Unless you notify our third party call center representatives or direct Kaushiki Chakraborty sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Kaushiki Chakraborty and its designated in house or third party call team(s). 

Opt Out Procedure

We provide 2 easy ways to opt out from future solicitations – 

  • You may use the opt out link found in any email solicitation that you may receive. 
  • You may also choose to opt out, via sending your email address to: musicandus2021@gmail.com

Use of Website

Kaushiki Chakraborty is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will – 

abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), not interfere with or disrupt the use and enjoyment of the Website by other users, not resell material on the Website,not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and not defame, harass, abuse, or disrupt other users of the Website.

License

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Smt. Kaushiki Chakraborty.

Disclaimer of Warranties

Your use of this website and/or are at your sole risk. The website is offered on an “as is” and “as available” basis. Kaushiki Chakraborty expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the or website content, or any reliance upon or use of the website content or Without limiting the generality of the foregoing, Kaushiki Chakraborty makes no warranty: 

  • that the information provided on this website is accurate, reliable, complete, or timely. 
  • that the links to third-party websites are to information that is accurate, reliable, complete, or timely. 
  • no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein 
  • Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation Of Liability 

Kaushiki Chakraborty’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content / and/or for any breach of this agreement is solely limited to the amount you paid Kaushiki Chakraborty will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement &/or in any manner, including liabilities resulting from: 

  • the use or the inability to use the website content / ; the cost of procuring substitute content / ; 
  • any information obtained / purchased or transactions entered into through the website; or 
  • any lost profits you allege. 
  • Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
  • in conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of . https://www.kaushikismusicandus.com/Kaushiki Chakraborty will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources / , or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Indemnification

You will release, indemnify, defend and hold harmless Kaushiki Chakraborty, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of this Agreement or the breach of your warranties, representations and obligations under this Agreement; the Website content or your use of the Website content; any intellectual property or other proprietary right of any person or entity; your violation of any provision of this Agreement; or any information or data you supplied to Kaushiki Chakraborty.

When Kaushiki Chakraborty is threatened with suit or sued by a third party, Kaushiki Chakraborty may seek written assurances from you concerning your promise to indemnify Kaushiki Chakraborty; your failure to provide such assurances may be considered by Kaushiki Chakraborty to be a material breach of this Agreement. Kaushiki Chakraborty will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content / , with the counsel of Kaushiki Chakraborty’s choice at its expense. Kaushiki Chakraborty will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Kaushiki Chakraborty against any claim, but you must receive Kaushiki Chakraborty’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website . 

Copyrights / Trademarks 

All content and materials available on https://www.kaushikismusicandus.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Kaushiki Chakraborty and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Kaushiki Chakraborty.

Agreement To Be Bound 

BY USING THIS WEBSITE , YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.

Cancellations and Refunds

Upon enrolling in a course with academy a student is entering a legal agreement under common law, in which they agree to abide by the conditions of enrolment (including meeting stated payments), in exchange for the service offered by the academy in the delivery of the course.

We follow a strict No Refund policy. If a student makes fee payment twice by mistake ,the amount will be refunded via the same source however Convenience Fee & taxes charged would not be refunded/ reversed for any refund or reversal of any transaction. Transaction fees charged would not be refunded/ reversed for any refund or reversal  and chargeback of  any transaction.

Transaction fees charged would be borne by the cardholder for any payment.

Taxes

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority “) where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees.

General Clause

Force Majeure: Kaushiki Chakraborty will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. 

Cessation of Operation: Kaushiki Chakraborty may at any time, in its sole discretion and without advance notice to you, cease operation of the Website 

Entire Agreement: This Agreement comprises the entire agreement between you and Kaushiki Chakraborty and supersedes any prior agreements pertaining to the subject matter contained herein. 

GDPR COMPLIANCE STATEMENT

Kaushiki Chakraborty Music And Us respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:

  • Consent :We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.Breach Notification. In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach. 
  • Right to Access: Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format.
  • Right to be Forgotten: Once we have compared your (the subjects’) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this.
  • Data Portability: We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine readable format’ and you have the right to transmit that data to another ‘controller’.
  • Privacy by Design: We implement appropriate technical and organisational measures, in an effective way and protect the rights of data subjects’. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.

Governing Law

This website is controlled by Kaushiki Chakraborty from our offices located in the state of West Bengal, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of West Bengal, India, by accessing our website, you agree that the statutes and laws of West Bengal, India, without regard to its conflict of law principles to the contrary and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website

Effect of Waiver

The failure of Kaushiki Chakraborty to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.

Governing Law/Jurisdiction: 

This Website originates from Kolkata, West Bengal, India. This Agreement will be governed by the laws of the State of West Bengal, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of West Bengal, India without regard to its conflict of law principles to the contrary. Neither you nor Kaushiki Chakraborty will commence West Bengal, India. This Agreement will be governed by the laws of the State of West Bengal, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of West Bengal, India without regard to its conflict of law principles to the contrary. Neither you nor or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of West Bengal, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of West Bengal, India. By using this Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. This website is controlled by Kaushiki Chakraborty from our offices located in the state of West Bengal, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of West Bengal, India, by accessing our website, you agree that the statutes and laws of West Bengal, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website 

Furthermore, any action to enforce this User Agreement shall be brought in the courts having jurisdiction over such issue, located in West Bengal, India. You hereby agree to judgement passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections to such courts. 

Statute of Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or or this Agreement must be filed within one (1) year after such claim or cause of action arose else be forever barred. 

Waiver of Class Action Rights

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination

Kaushiki Chakraborty reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website If your access to the Website is terminated, Kaushiki Chakraborty reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Kaushiki Chakraborty chooses, in its sole discretion and without advance notice to you, to terminate it. 

Guarantee

Unless otherwise expressed, Kaushiki Chakraborty & https://www.kaushikismusicandus.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness of content / for a particular purpose and non-infringement.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. Kaushiki Chakraborty may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. 

BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: 

Kaushiki Chakraborty 

musicandus2021@gmail.com