Terms & Conditions

TERMS AND CONDITIONS OF USAGE

BLUETIMBRE (the website and ‘Mobile application’) is a platform from where you can learn music, avail performance opportunities and book your classes conveniently. (‘Services’). By accessing, browsing or downloading any part of this site or its content, or any other use of this site or mobile application and its content, whether as a registered user or an unregistered visitor, you agree to comply with these terms and all relevant applicable laws. (‘Terms of Use’) Additional terms and conditions applicable to specific areas of this Website and mobile application or to particular content or transactions are also posted in particular areas of the Website and, together with these Terms of Use, govern your use of those areas, content or transactions. The Headings given for each section are only for the purpose of reference and do not limit the scope and extent of the section. These Terms of Use, together with applicable additional terms and conditions, are referred to as “Agreement”. No agency, partnership, joint venture, employer- employee or franchiser- franchisee relationship is created or intended by this Agreement.

BLUETIMBRE reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Website and mobile application following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The Agreement, including the BLUETIMBRE Privacy Policy which is hereby incorporated into this Agreement by reference, sets forth the legally binding terms for your use of the Services. The current version of this Agreement was created on 30th day of April 2018 and becomes effective from 30th day of April 2018.
If access to this Website and mobile application or any part thereof, or to any services provided by us is subject to the payment of a subscription fee, BLUETIMBRE may deny or suspend such access in the event of late payment or non-payment of any fee due. If you do not agree to these Terms of Use, please refrain from using this Website and mobile application.

DEFINITIONS

1. ‘the Network’ means the cabling, equipment and software by which the Service provider provides the Services as specified in Schedule.
2. ‘the Services’ means the services specified in Schedule.
3. ‘the Helpdesk Services’ means the helpdesk services included in the Services as specified in Schedule.
4. ‘the Network Area’ means the area covered by the Network as specified in Schedule.
5. ‘the Software’ means the programs specified in schedule which are to be made available by the Service Provider for use by the Customer to gain access to the Network and the services.
6. ‘the Customer’s Data’ means any data input into the Network by the Customer.
7. ‘business day’ means Monday to Saturday.
8. ‘the Consulting Services’ means the consulting services to be provided by the consultant pursuant to the project.
9. ‘the Project’ means the acquisition by the client of a fully operational computer system to meet the client’s requirement.
10. ‘the Project Materials’ means any and all works of authorship and materials developed, written or prepared by the Consultant in relation to music and its employees, agents or sub-contractors in relation to the Project (whether individually, collectively or jointly with the Client and on whatever media) including, without limitation, any and all reports, studies, data, diagrams, charts, specifications, pre-contractual and contractual documents and all drafts thereof and working papers relating thereto, but excluding ordinary correspondence passing between the Consultant and the Client.
11. ‘the Project Participants’ means those employees and permitted sub-contractors of the Consultant engaged from time to time in providing the consulting Services and any employees of any such sub- contractors who are so engaged.

WHAT KIND OF SERVICES DO WE PROVIDE?

BLUETIMBRE is a musical platform from where you can learn music, avail performance opportunities and book your classes conveniently. BLUETIMBRE follows one standard methodology and curriculum for teaching music. It provides quality instruments and infrastructure for students to use in class. The teachers are all certified, trained and vetted. The programs of BLUETIMBRE are a combination of their own pedagogically proven curriculum. BLUETIMBRE is also partnered with the world-renowned contemporary graded music curriculum – Rockschool, UK.
Courses currently offered are:

  • Vocals (Contemporary) – Hindustani and Western
  • Keyboard/Piano
  • Guitar
  • Drums

PACKAGES

  • per class (currently not offered)
  • 1 month validity – unlimited classes
  • 3-month validity – unlimited classes
  • 6-month validity – unlimited classes
  • One-year validity – unlimited classes

BOOKING

  • Students can see the schedule in the mobile application and book a class based their level as:
  • Beginner
  • Debut
  • Grade 1
  • Grade 2
  • Grade 3
  • First Class is free. From 2nd class onwards, student will need to pay for a session before booking.
  • Students can schedule up to 3 pre-booked classes at a time.
  • Student can book the class up to 15 minutes before the session.
  • Student can cancel the class 60 minutes or one hour before the session in case they are unable to attend.
  • All classes must be booked via App. In case student does not book a class, they would be not be allowed to attend the session.

CLASSES

  • All classes will be group sessions. These sessions will be 50 minutes duration.
  • All our classes commence on time and will also end on time.
  • Students need to enter the class maximum 5 minutes after it begins otherwise it will disturb other students in the class. After 5 minutes, the bio-metric machine will not take their attendance. Hence class will be counted as a no-show.
  • Validity period will begin from the date of payment until the last date of the package purchased.
  • If student has purchased classes, student can pause membership accordingly:
  • 1 month package – no pause
  • 3 month package – 1 pauses
  • 6 month package – 2 pauses
  • 1 year package – 3 pauses
  • A Pause can be a maximum of 30 days after which the membership will reactivate.
  • All students need to punch in (bio-metric attendance) before entering class. If student does not punch in attendance, the session will be counted as a no-show. If student has not booked the class, they cannot attend the session.
  • Student must carry a notebook, writing equipment (pen/pencils) and required textbook for every class. BlueTimbre does not provide books or stationary.
  • In case the class is cancelled for any reason, BlueTimbre offices will inform students via APP, email and/or phone
  • Schedules are subject to change time to time. Kindly look for alternative timings if your preferred timings are not available.
  • Teachers are subject to change from time to time. Typically, 3 or more teachers are assigned per instrument/vocals. The reason for this is that for there are backup instructors so that classes are not cancelled, some specialized topics are taken by different teachers and finally because a switch of teachers occasionally allows the class to learn different topics and techniques.
  • Every class is tracked and reported at BlueTimbre hence allowing teachers to continue from where the previous session left off. Hence, in case your usual teacher is absent or has moved on, your progress will not be hampered or stopped. You will only continue from where you left off. The BlueTimbre methodology and quality will continue to remain.

PENALTY

In order to reduce overbooking and ensure maximum utilization of classes, each pack will have a maximum number of no-shows post which, every no- show would lead to a reduction of one day each from your membership.

  • 1 Month – 0
  • 3 Month – 2
  • 6 Months – 4
  • 12 Months -8

Through the Website and mobile application, various content are made accessible including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Project Creators, Backers, and other visitors and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content. “User Submissions” means any content submitted by Users.

WHO CAN USE THE SERVICES?

To be eligible to use the Services, Users must meet the following criteria and represent and warrant that they:
1) are not currently restricted from the services, or not otherwise prohibited from having a BLUETIMBRE account.
2) will only maintain one BLUETIMBRE account at any given time.
3) will use their real name, contact mobile number and email ID and only provide accurate information to BLUETIMBRE.
4) will not violate any rights of BLUETIMBRE or a third party, including intellectual property rights such as copyright or trademark rights.
5) will not violate any applicable law or regulation, or any other obligation (including contractual obligation) they might have towards third parties by the using the Services.
6) agree to bear all costs of the equipment, software and internet access necessary to use the Services.
In case of minors, any minor who is entering into the Website to use the Services shall disclose his/her age and details of his/her parent or legal guardian.

ACCOUNT & PASSWORD PROTECTION

The profile created by Users on BLUETIMBRE will become part of BLUETIMBRE. However, between users, the account belongs to the intended users itself.
Users agree:
1) to keep their password secure and confidential.
2) not to permit others to use their account.
3) not to use other user’s account.
4) not to sell or transfer their BLUETIMBRE account to another party.

Users are responsible for anything that happens through their account until they close down their account.
To post, upload or download materials, communicate via and to access this site and mobile application, services resources and certain or all site content, the User may be asked to log on to the Website or mobile application by providing their registration details. User agrees that all registration details provided by the User are and will remain true, correct, current and complete. User agrees to notify BLUETIMBRE immediately of any change which are relevant to User’s registration.

If BLUETIMBRE has reason to believe that the details furnished by the User are not correct, current or complete, or if BLUETIMBRE otherwise reasonably believes such action will be appropriate, it has the right to refuse user’s access to the site and mobile application, and or any of its resources, services and site content and to terminate or suspend user’s account.

User is responsible for maintaining the confidentiality of his/her password, account number, ID and other details and for all activities under User’s account. Use a unique combination to create your password. If Users shares their password or any personal information with other users, such Users shall be responsible for any/all consequent actions and losses. BLUETIMBRE shall not be liable for any such actions and losses. Any unauthorized use of the User’s account or other breach of security should be reported to BLUETIMBRE immediately. Any account created by registering on the Website or mobile application may be deleted without warning if we believe that any representation and warranty made by the User is breached or inaccurate.

CONDUCT OF USERS

As a condition of use, Users promise not to use the Website or mobile application for any purpose that is prohibited by the Terms of Use or law. Users are bound to use all/ any of the features of the Website or mobile application according to the terms of this agreement. No user shall make use of all/ any of these features against the interest of BLUETIMBRE or against public policy. Users are responsible for all of their activity in connection with the Website or mobile application. Users shall not, and shall not permit any third party using their account to, take any action, or Submit Content, that:

    • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
    • they know is false, misleading, or inaccurate;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
    • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
    • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

or

  • impersonates any person or entity, including any employee or representative of BLUETIMBRE.

Additionally, Users shall not:

  • (i) interfere or attempt to interfere with the proper working of the Website or mobile application or any activities conducted in these;
  • (ii) bypass any measures BLUETIMBRE may use to prevent or restrict access to the Website or mobile application (or other accounts, computer systems, or networks connected to the Service);
  • (iii) run Mail list, Listserv, or any form of auto-responder or “spam” on the Website or mobile application;

or

  • (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website or mobile application.

Users shall not directly or indirectly:

  • (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website or mobile application, except to the extent applicable laws specifically prohibit such restriction;
  • (ii) modify, translate, or otherwise create derivative works of any part of the Website or mobile application;

or

  • (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that users receive hereunder.

USE OF DISCUSSION FORUM

BLUETIMBRE offers discussion forum where users can post their observations and comments on various topics. By using this feature of the Website and mobile application, Users agree not to post indecent or immoral materials on the forum. Users agree that discussions will be limited solely to topics, projects or gadgets in the field of music and that the discussions will not deviate from the original topic. Sensitive topics such as religion, politics, discussions on matters opposed to public policy and the like will not be permitted in the discussion forum and any User found indulging in such activities will be removed from the forum and his/her account may be terminated, subject to the sole discretion of BLUETIMBRE.

PHOTOS/VIDEOS/MARKETING MATERIAL

  • BLUETIMBRE may, during the aforementioned classes, take photos, videos, sound recordings and/or images of you/your child who has joined the music classes. You hereby state that you have no objection and expressly consent to the grant of an exclusive perpetual worldwide royalty free license/permission to BLUETIMBRE using, modifying, rearranging, copying, reproducing and adapting the images/photographs/videos/sound recordings of the student which may be taken by BLUETIMBRE and/or their agents and to publish and use the images/photographs/videos/sound recordings by themselves in any and all media including but not limited to print, digital and electronic media, computer and audio visual media (whether existing or hereafter devised), in any language, throughout the world, and in any manner without further review, notice, approval, consideration or compensation and you shall not claim any compensation for the same.
  • You accept the terms and conditions stated above.

ABUSE/MISUSE OF SERVICES

Users agree not to abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified.
Users are required to report any abusive material posted by other users on any part of the Website or mobile application. BLUETIMBRE may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of service includes but is not limited to, abusing BLUETIMBRE messaging services, creating multiple or false profiles, using services commercially without BLUETIMBRE’ authorization and infringing any intellectual property rights. BLUETIMBRE has adopted a policy of terminating accounts of members who, in BLUETIMBRE sole discretion, are deemed to be repeating infringers under the Copyright act.

PROHIBITED AND RESTRICTED USER CONTENT

BLUETIMBRE prohibits the transmission, distribution, dissemination, uploading, posting, submission, sharing and storage of User Content through this Website or mobile application which it considers to be inappropriate or distasteful. This agreement requires that information posted by members be accurate and is not in violation of the intellectual property rights or other rights of the third parties. BLUETIMBRE shall not be liable for any such violations.

STORAGE AND LOSS OF USER CONTENT

BLUETIMBRE shall not be liable for any loss, deletion, removal or failure of delivery to the intended recipient of user content uploaded on the Website or mobile application, whether caused by viruses, unauthorized access or otherwise. BLUETIMBRE reserves the right to deny access to this site and delete user content at any time without notice.

PAYMENT OF SUBSCRIPTION OR CHARGE FOR CONTENT/SERVICE

Some or all the content and/or services available on or via this Website or mobile application may be available for purchase, subject to payment of a subscription fee or a one-time charge. If you elect for subscription-based content/services, Users shall send a subscription application to BLUETIMBRE. By sending such a subscription application you represent and warrant that all information which you submit are true and accurate, and you agree to pay all subscription charges plus the applicable taxes.

Except where expressly provided in other applicable terms, where subscription fees, access charges or other fees are payable for the purpose of accessing or downloading services/content from this Website or mobile application, such subscription fees, access charges or other fees shall be payable by Users in advance, through the modes of payment and at the rates as stipulated by BLUETIMBRE.

MODE OF PAYMENT

All payments made in the Website or mobile application will be in terms of Indian Rupees. No other form of currency will be accepted for transactions in the Website. We accept VISA, MasterCard, Maestro and American Express credit/debit cards. Apart from Credit and Debit Cards, we should be able to accept payments by Internet Banking, and different wallets like Paytm, Freecharge, Airtel money, Ola money, PayUMoney, Payzapp and Mobikwik. EMI Options should be available for any transactions and only through credit card purchases. Interests for EMI’s are decided by the respective banks and are not set by us. Occasionally there will be discounts offered, these will be announced in the Mobile Application. Payment can be done for a single class, monthly, 3-monthly, 6-monthly or yearly.

BLUETIMBRE is only a facilitator and does not provide a banking or financial service. BLUETIMBRE cannot be held as a trustee or as acting in a fiduciary capacity in terms of the transaction and the payments made in any transaction on the Website or mobile application.

Any services offered on this Website shall be purchased only through the payment facility created by BLUETIMBRE. BLUETIMBRE reserves the right to refuse to process any transaction which in its opinion is in breach of Banking policy or law. For security reasons, BLUETIMBRE reserves the right to conduct background checks on buyers and sellers who make transactions on the Website. If BLUETIMBRE is dissatisfied about the credibility of the user, BLUETIMBRE will reject such transaction. The user agrees not hold BLUETIMBRE responsible for any damages, interests or claims arising out of a failed or delayed transaction on the Website or mobile application.

REFUNDS

  • There will be no refunds offered.

CONTENT DELETION

BLUETIMBRE reserves the right to delete any content in the Website or mobile application, which in its opinion, is opposed to public policy, with notice to the User.

MUTUAL RIGHTS OF TERMINATION

Users may terminate this agreement, for any or no reason, at any time, with notice to BLUETIMBRE. BLUETIMBRE may terminate this agreement and a user’s account for any reason or no reason, at any time, with or without notice. Termination of BLUETIMBRE account includes disabling user’s access to BLUETIMBRE website and mobile application and may also bar them from the future use of BLUETIMBRE.

INTELLECTUAL PROPERTY NOTICES

The service includes the copyrights and Intellectual property rights of BLUETIMBRE. The trademarks and the logos used by the companies in connection with BLUETIMBRE maybe the trademarks of the respective owners.

VIOLATION OF INTELLECTUAL AND PROPRIETORY RIGHTS

Any unauthorized use or copying of site content, or use of site content may violate trade mark, copyright and other proprietary rights, and have civil and criminal consequences. Users shall not use any site content (or any other content made available through this site) or mobile application content in any manner that infringes any trade mark, copyright or other proprietary rights BLUETIMBRE reserves all rights with respect to such unauthorized use.

LICENSE AND WARRANTY FOR USER’S SUBMISSIONS TO BLUETIMBRE

Users agree that they own the information they provide BLUETIMBRE under this agreement, and may request its deletion at any time, unless they have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, Users grant BLUETIMBRE a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, royalty- free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information they provide, directly or indirectly to BLUETIMBRE, including, but not limited to any user generated content, ideas, concepts, techniques and /or data to the services, they submit to BLUETIMBRE, without any further consent, notice and/or compensation to them or to third parties. Any information Users submit to BLUETIMBRE is at their own risk of loss. By providing information to BLUETIMBRE, Users represent and warrant that they are entitled to submit the information and that the information is accurate, non confidential, and not in violation of any contractual restrictions on other third party rights. It is the user’s responsibility to keep their profile information maintained with BLUETIMBRE is accurate and updated.

FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under this Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of their control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless BLUETIMBRE, its affiliates, and each of its and its students, affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Website and mobile application Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. BLUETIMBRE reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BLUETIMBRE in asserting any available defences.

TEACHERS LIABILITY

The teachers of BLUETIMBRE are appointed with their duties and responsibilities defined by BLUETIMBRE, and they are expected to act within the purview of their norms as stated in their offer letters. If the teachers are acting beyond such norms as conferred by BLUETIMBRE from their responsibilities, such illegal act should be intimated to the management of BLUETIMBRE and any illegal act or criminal behaviour on the part of the teachers acting on their own accord which is beyond the duties and responsibilities of teachers, BLUETIMBRE will not hold any responsibility and the management will not indemnify any loss or damage or loss caused on account of illegal conduct of teacher. BLUETIMBRE makes it clear that the teacher will be personally liable of their own misdeeds and conduct in accordance with law.

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