Terms of Service

Please read these terms of service carefully. By using this website and/or platform, you consent to be bound by the terms and conditions below and the privacy policy.

SwaRas Music and Arts Academy (“Company” or “We” or “Us” and their connotations) run the website (http://swarasacademy.com/) (referred to as Platform”) which deals with providing training and coaching imparted by industry professionals in field of music and arts (referred to as “Services”).

These Terms of Services denote the terms on which the Company grants users access to the Platform (hereinafter referred to as “Services”) and shall be read with the privacy policy available on the Privacy Policy page. Our Website is for both teachers and all the individuals who may enrol on the Platform to seek training from the Teachers, including a Child (“Students”). Any User below the age of 18 years (“Child”) shall require parental consent to avail of Services on the Platform.

The Teachers, parents of the Child and end-users above 18 years of age are hereinafter referred to as “You” as per the context as may be applicable in these Terms. All Teachers shall be assumed to have expertise in their respective fields of activity. The term “Users” means anyone who uses the Platform and for these Terms shall be read as You and/or Child.

By choosing to visit and/or avail of any Services provided by Our Platform, you agree to these Terms (as may be amended from time to time). Please read the following information carefully. If you are a parent or guardian and you provide your consent to your Child's use of the Platform, you agree to be bound by these Terms concerning their use of the Platform.

When you continue to access or use the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.

Intellectual Property Rights

The Company holds all rights (including patents, copyrights, logos, trademarks, designs, trade secrets, trade dress, and know-how along with any other intellectual property right) concerning all information provided on or via this Platform (including but not limited to the curriculum taught, all texts, notations, photos, graphics, apps, illustrations, and logos). You shall not copy, publish, download, reproduce, or distribute any of the information contained on this Website or social media in any form without the prior written consent of the Company.

License to Use

The Company hereby grants the Teachers the limited right to access, view and use the Platform to access, view, and post. It reserves the right to deny or suspend, in its sole discretion, your access to any or all portions of the Platform.

This license is limited to non-commercial and personal uses by the Users. Any rights not expressly granted to You herein are reserved to the Company.

Linking

The Platform may establish a link to one or more site(s) provided that:

the link is legal and not damaging or detrimental to and/or does not take unfair advantage of our reputation or business;
the link is not from any website which promotes any political views, or promotes or depicts hatred, discrimination, intolerance, violence, pornography or any illegal activity;
framing of any website is not allowed and You must not provide access to the site or part of it under any other URL.
such linking is not for promotional or advertising purposes (unless We have expressly agreed to it);
the link does not misleadingly or falsely suggest or imply that We approve, endorse, or are associated with the linked website, its web pages or any of its contents.

Where any site contains links to other websites, web pages, resources, or mobile services which are proprietary to third parties, advertisers or sponsors, or other users, such websites, web pages, resources and mobile services are provided for your information only and You access them at your own risk. The Company will not be held responsible or liable for the content or operation of third-party websites, web pages, resources or mobile services.

Third-party Permission

The Company has subscribed to various third-party service providers and by accessing the Website, You acknowledge and agree that, while accepting these Terms, You explicitly grant permission to these service providers to use your information if and when required. If there are any disputes between the third party and You, the Company shall not be held liable in any manner whatsoever.

User Content

The Company offers the Teachers the opportunity to submit, transmit, post, display, perform, distribute, publish, or broadcast materials and content, including, without limitation, articles, photographs, commentaries, music, computer graphics, text, video, audio recordings, pictures, comments, data, suggestions, questions, or personally identifiable information.

The Company retains the right to delete any content at its discretion. The Company may record/archive any User-generated content and may record the lessons imparted by the Teachers for, inter alia, internal quality monitoring, training, and reference purposes.

Inappropriate content may be removed at the discretion of the Company. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:

it is misleading in any way, and/or it gives a false impression;
it is in breach of confidentiality or another person’s privacy or other rights;
it is malicious, false, defamatory, plagiarized, obscene, discriminatory, abusive, threatening, misleading, offensive, insulting, profane, harassing, sexist, racist, indecent, hateful, pornographic, or it promotes violence;
it is spam or junk content;
it is technically harmful (including content containing, without limitation, computer viruses, worms, harmful components, Trojan horses, logic bombs, corrupted data or other harmful data, malicious software, or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any dishonest or fraudulent transaction);
it infringes any intellectual property rights proprietary to the Company or any third party;
it would be considered a statutory or criminal offence in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
it is in breach of these Terms and/or of any Additional Terms.

The Company will not be held responsible or liable for any of the User Content provided by the Teacher on the Company website or any social media account related to the Company.

All rights, ownership and intellectual property in the content created by the Teacher (“User Content”) on or by using the Platform shall vest in the Company. You hereby explicitly consent and transfer all such ownership, rights, and intellectual property in the User Content to the Company for worldwide, royalty-free, exclusive, and perpetual use.

Fees Policy

Fees are non-transferable, and classes cannot be attended by another person on behalf of the student. Students are not allowed to attend classes unless the required fee has been fully paid. Fees must be paid in advance through online payment system.

The company may offer differential pricing based on geographical location, which will be reflected on the official website. Furthermore, the company may introduce additional payment methods. The responsibility for repaying such loans lies solely with the student.

Limited Liability

You are held personally liable for any violation of a third party's rights by You. You consent to reimburse the Company for all damages emerging from the culpable non-observance of the obligations of these Terms. Please note that this condition does not apply if the Users are not responsible for the infringement.

The Company shall not be liable for any consequential, direct, indirect, special, or incidental, damages for loss of revenue, profits, data or data use, incurred by you or any third party. It shall not be liable for any claims in the aggregate, arising out of or related to your use of the Website. It facilitates creative training on an "as is" basis and is liable only to provide its services with reasonable care and skill.

Any online services or third-party websites accessible by the Users through a hyperlink provided on the Platform (“External Sites”) have not been verified or reviewed by the Company and all access and use of External Sites is made at your own risk. The Company gives no warranty related to the Service and to the maximum extent permitted by law, the Company excludes liability for:

any loss or damage of any kind howsoever arising, including any special, direct, indirect, consequential, or punitive loss whether or not such arises out of any problem of which the Company have been made aware of;
all conditions, warranties, representations, and other terms and conditions which but for this notice would have an effect
the infringement by any person of any intellectual property rights or copyright of any third party through any use or communication of the Platform;
any delays or interruptions in updating the Platform;
the content, availability, nature, or quality, of External Sites;
any transaction involving External Sites; or
any inaccurate or incorrect information on the Platform.

The Company does not warrant that the operation of the Service will be uninterrupted or error-free. It will not be liable in any amount for failure to perform any obligation under these Terms if such failure is due to the occurrence of any unforeseen contingency beyond the reasonable control of the Company including communications outages, internet outages, flood, fire, war, or any act of God.

You agree that concerning your use of the Platform, You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to criminal or civil liability or which might call the Platform or the Company into disrepute.

Amendments to Terms

The Company reserves the right to amend these Terms:

to maintain Company operations,
in the event of any amendments made due to legal changes,
because of technical necessity,
for the benefit of the User.
in the event of a change in market conditions.

The Users will be informed of any amendments to the general Terms via the Platform or through a notice in writing or by email. No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties.

Indemnity

You agree to indemnify and hold us, Our licensors, Our contractors, and respective directors, employees, officers, and agents harmless from and against any all expenses and claims including attorneys’ fees, arising out of your use of the Services and/or the Website, including but not limited to the violation of these Terms by You.

Waiver

No waiver of any terms of these Terms shall be treated as a continuing or additional waiver of such term or any other term and the Company’s failure to assert any provision or right under these Terms shall not constitute a waiver of such provision or right.

Termination

Without limiting any other rights that the Company may have, the Company may suspend, cancel, restrict, or remove access to and/or use of the Service and any part of it, if the Company considers that You have breached any of these Terms.

You may also terminate your agreement with the Company by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination does not affect any remedies or rights, which have accrued up to the time of termination.

Rule of Conduct

Users must comply with the laws that apply to You in the location that You access the Company’s Services from. If any laws applicable to You restrict or prohibit You from using the Services of the Company, You must comply with those legal restrictions or, if applicable, cease using or accessing the Services of the Company. You agree that all the information You provide to the Company is and shall remain accurate, true, and complete at all times.

Notwithstanding any other provision of these Terms, You agree and undertake not to:

Deal in the Service or Use the Platform except as permitted by these Terms;
Use your access to the Platform, or information gathered from it, for the sending of unsolicited bulk emails;
Hack, attempt to hack, adapt, modify, translate, merge, disassemble, decompile, create derivative works out of, or reverse engineer the Platform and Service or any part of them;
Modify, disable, remove, add or tamper with any program code or data, trademark, copyright, or other proprietary notices and legends contained on or on the Platform;
Use or process the Platform or any part of them unfairly or for any immoral or illegal purpose;
Provide graphic links, hypertext links, URL links, or other direct connections for profit to the Platform without prior written permission of the Company; or
Delete or obscure any copyright or other proprietary notice on the Platform.

The Website may only be used and accessed via authorized servers. You must not bypass authorized servers and/or use third-party software to modify any aspect of the Platform. You expressly consent to the Company’s monitoring of Your computer's random access memory to identify said unauthorized third-party programs.