Vivek Music Solutions Pt. Ltd is a company incorporated under companies Act, 2013, having its registered office at 3/702, N.G.Vihar CHSL, Pokharan Road No.1, Near Vartak Nagar, Thane, Maharashtra, India 400606 (“VMS"). VMS provides an online Application for music enthusiasts to learn Indian Classical Music or songs or any other related material or service offered from time to time by VMS
Content will be made available to you through different modes, at the discretion of VMS, including video on demand basis for viewing at your discretion at a time chosen by you and download for offline viewing by you. For the Content that will be made available to You, You will be granted a non-exclusive, non-transferable, non-sub licensable, revocable limited license to view the Content for your personal, non-commercial viewing, and that no right, title or interest in any Content will be deemed transferred to You. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to VMS's sole discretion and (b) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this App and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this application and availing of the Services, at Your choice and initiative Further, such Services and Content may vary from time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that VMS may monitor or use certain technologies for monitoring of activities including logging of Your IP address to ascertain and verify your geographical location. To facilitate your viewership and access, the Services can be packaged by VMS through different models such as, Content or Services may be accessible (a) free of charge which may or (b) via subscription through payment of a subscription fee
The Service can be availed through platforms, software and devices, which VMS approves from time to time, the current list for which is as set out below ("Compatible System"). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future.
The myGurukul application works best with:
Latest Version of Android 4.4 onwards
iOS 9 onwards
When You use/avail the Services or send any data, information or communication to VMS, You agree and understand that You are communicating with VMS through electronic media/ records and You consent to receive communications via electronic records from VMS periodically and as and when required. VMS will communicate with you by email or any push or other message or electronic records on the email address and or mobile number available with VMS or made available to VMS through a Partner
You acknowledge that specifically consent to VMS or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes:
You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by you, including via emails, text messages or phone calls.
In the event You have indicated any 'do not disturb' preferences to Your telecom service provider, and registered Yourself on the national customer preference register / 'do not disturb' or similar list, We request You to ensure that Your registered preferences allow for communications to be sent to You in accordance with the above provisions.
The Content contained in the Services shall not be used except as provided in these Terms and Conditions, without the written permission of VMS
Some of the Content made available on the Application can be availed only by registered Users who have registered under a subscription model ("Subscription User"). You may need to register yourself on the application to avail these services on a subscription model ("Subscription"). To become a Subscription User, You may be required to provide certain personal information to VMS and may be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by VMS ("Payment Method(s)") that You opted for during registration. VMS will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to VMS. On successful registration to the Subscription, VMS will intimate you of the same. VMS may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary.
VMS shall have the discretion to make certain content that is a part of the Subscription available to you on more than one end user Compatible System concurrently. VMS shall also have the discretion to make certain Content that is a part of the Subscription available to you on not more than one end user device concurrently.
Some of the Content on the application is kept for free trial. The Content available to be viewed during free trial period is at the discretion of VMS and such free trial can be modified, suspended or terminated by VMS at any point of time without giving notice to You.
The Subscription Fee will be billed at the beginning of Your Subscription membership, your membership will be valid for a specific period.
The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes.
The Subscription Fees billed are non-refundable irrespective of whether the Subscription have been availed by you or not.
Any changes in the Subscription Plan opted by you is effective only after the expiry of the current Subscription period for which you have already been billed.
Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail you with a refund for any portion of the Subscription Fee paid by you for the unexpired period.
You also understand and acknowledge that VMS only facilitates the third party payment gateway for processing of payments. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider.
You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that VMS shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
You can access the status of Your Subscription anytime through the "My Packages" section on App screen
You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third-party payment gateway provider for redressal.
Upon payment through any of the Payment Modes and confirmation of receipt of such payment from the payment gateway provider, an invoice will be sent to you on the email provided at the time of registration
Upon payment being received by VMS through any of the Payment Method, VMS shall make the Subscription available to you through any of the approved modes of delivery that VMS adopts.
It is hereby clarified that the Subscription offered to you are offered by VMS and not by any third party including any payment gateway service providers.
VMS reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Application and your continued use of the Service shall be deemed to be your conclusive acceptance of such amendments.
VMS reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. VMS does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee.
VMS grants You a non-exclusive limited, revocable, limited permission to use the Services on the Site for personal, non-commercial purposes during the subsistence of Your Account with VMS or Partner for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions.
By agreeing to use/avail the Services:
You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (collectively, " User Material"). As it concerns User Material, without prejudice to your obligation to otherwise comply with applicable laws during the course of using the Services, You agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services.
You agree that VMS shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that VMS may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that VMS reserves the right to investigate and take appropriate legal action against anyone who, in VMS's sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that:
If you have any questions, complaints or claims with respect to the Site and/or Services, then such correspondence should be directed to the address as given below.
Vivek Music Solutions Pvt. Ltd
The contact information – email@example.com
You agree that use of the Services and the access to the Site is at your own risk. The Services including the Site, the Content, the video player, User Material and any other materials contained on or provided through the Site are provided "AS IS" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, VMS does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
IN NO CASE SHALL VMS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, VMS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless VMS, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
The relationship between you and VMS shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the Services. Notwithstanding the foregoing, you agree that
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, and grant of license, governing law, and confidentiality shall survive the efflux of time and the termination of these Terms and Conditions. Entire Agreement
3/702, N.G. Vihar, P.L. Deshpande Road,
Near Vartak nagar, Thane, West , Pin - 400606