Terms of Use


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
Electronic Communications
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:

  1. To obtain feedback regarding the Service;
  2. To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners

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.

Free Trial


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.

Payments


The Subscription Fee will be billed at the beginning of Your Subscription membership, your membership will be valid for a specific period.
If the Lessons are purchased for lifetime or unlimited period, Lifetime or unlimited period is valid till the app or the company Vivek Music Solutions is operational.
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.

Access and Use of the Services


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:

  1. You confirm and warrant that all the data and information supplied by You when You register (if applicable) and provided by You to VMS and or any VMSs affiliates, distributors ("Registration Data") is true, current, complete and accurate in all respects.
  2. You agree to promptly update Your Registration Data, so that your information remains true, current, complete, and accurate at all times. You can write to us at contact@mygurukul.co if you wish to make any changes
  3. You acknowledge and agree that Your Registration Data and any other personal data collected by VMS is subject to VMS’s Privacy Policy. For more information, view the full Privacy Policy. VMS may collect information such as pin code, area code, unique device identifier, location, and the time zone where the Services are used and may use these to target advertising and make content recommendations.
  4. You acknowledge, consent and agree that VMS may access, preserve, transfer and disclose Your account information and/or User Material (see below) subject to the Privacy Policy, if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce the Terms and Conditions; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of VMS, affiliates, its users and the public.
  5. You agree that VMS has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to you in such an event. VMS may, but shall not be obliged to, give you as much notice of any interruption of access to the Services as is reasonably practicable. VMS will restore access to the Services as soon as reasonably practicable after temporary suspension.
  6. You agree that VMS shall be under no liability whatsoever to You in the event of non-availability of the Site or Application or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of VMS.
  7. You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.
  8. You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
  9. You agree that VMS and/or its affiliates or licensors owns and/or retains all rights to the Services and the Content throughout the territory of the world in perpetuity. You further agree that the Content You access and view as part of the Services is owned or controlled by VMS, its affiliates and or its licensors.
  10. Except as provided in these Terms (or otherwise expressly provided by VMS), You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services.
  11. Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  1. Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the VMS Services;
  2. Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the VMS Services, including VMSs servers, networks or accounts;
  3. Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the VMS Services or the Content;
  4. Delete or revise any information provided by or pertaining to any other user of the VMS Services.
  1. Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the VMS Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the VMS Services or the Site;
  1. Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the VMS Services. If you do so, you acknowledge you will have caused substantial harm to VMS, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, You agree to pay Company INR 500 (Indian rupees five hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that VMS may have against You in law or equity;
  2. Solicit, collect or request any personal information for commercial or unlawful purposes;
  3. Post, upload or otherwise transmit an image or video of another person without that person's consent;
  4. Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without VMS's prior written consent;
  5. Use technology or other means to access, index, frame, or link to the Application (including the Content) that is not authorized by VMS;
  6. Access the Site/application/Service (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  7. Use the Services to advertise or promote competing services;
  8. Use the Services in a manner inconsistent with any and all applicable law;
  9. Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
  1. You are responsible for the security and proper use of your unique user ID and password that you enter while registering on the Site or on the Partner's website or application and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.
  2. You agree that your use of the Services and the Content may give you the opportunity to view, publish, transmit, and submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the Content and/or other user material You access and view as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of VMS's/ or its licensor's copyright, trademark design, patent, and other intellectual property including any rights of VMS or its licensors subsisting in the Content. You further agree that You will not copy/record/edit/modify any of the Content You access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.
  3. You further agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software, whatsoever which is not owned by VMS.
  4. You agree that the Content provided on the Site is strictly for your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Site to any other person(s), or in any manner communicate such Content to the public.
    In case the Site allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of VMS or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
    You may encounter third party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third party applications shall be subject to such third party terms of use or license terms. VMS shall not be liable for any representations or warranties or obligations made by such third party applications to you under contract or law.

Termination of Service


VMS reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if VMS so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that VMS can, at its sole discretion, exercise its right in relation to any or all of the above, and that VMS, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.

User Reviews, Comments and Other Material


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:

  1. belongs to another person and to which you do not have any right to;
  2. Infringes any patent, trademark, design, copyright or other proprietary rights;
  3. violates any law for the time being in force;
  4. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  5. Impersonates another person;
  6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  7. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. You also represent and warrant that the Posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
    You acknowledge that the User Material is not confidential and that you have no expectation of privacy in it. By posting the User Material, You hereby grant VMS a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to VMS is non-exclusive, royalty-free, irrevocable, and sub licensable. Additionally, VMS is free to use any ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. VMS's use of such User Material shall not require any further notice of attribution to You and such use shall be without requirement of any permission from or any payment to You or any other person or entity. You hereby agree and confirm that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license. In no event does VMS assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies you may have against VMS with respect to such User Material. If You have any complaints relating to any third party User Material or Content uploaded on the Site, then please contact: contact@mygurukul.co Your email, which must bear Your digital signature or a signed written complaint, should include the following information:
  1. Details Of The Basis Of The Objection;
  2. What Relief Is Being Requested?
  3. All Other Relevant Information Required By VMS to Assess the Complaint.

VMS shall on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that VMS's responsibility in relation to objectionable User Material is limited to removing them post receipt of your objections in accordance with these Terms of Use and VMS shall not be responsible or liable for any other damages or losses incurred by you of any nature whatsoever.

Support


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 – contact@mygurukul.co

Disclaimer of Warranties


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.

Limitation of Liability


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.

Indemnity


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:

  1. Your use of and access to the Services;
  2. Your violation of any term of these Terms and Conditions;
  3. Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right;
  4. Your breach of any applicable laws;
  5. any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.

Governing Law and Jurisdiction


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

  1. VMS has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum
  2. any proceeding brought by you shall be exclusively before the courts at Mumbai, India.

Severability


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.

Changes


VMS reserves the right, at any time and from time to time, without notice to you, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as "Additional Terms") will be posted on the Website and will be effective immediately after such posting and thereafter incorporated into these Terms and Conditions . Your continued use of the Services will be deemed to constitute your acceptance of any and all such Additional Terms. Survival
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
These Terms and Conditions and Privacy Policy constitute the entire agreement between you and VMS governing your use of the Services, superseding any prior agreements between you and VMS regarding such use.

Address


3/702, N.G. Vihar, P.L. Deshpande Road,
Near Vartak nagar, Thane, West , Pin - 400606

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