TERMS AND CONDITIONS OF USAGE
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:
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.
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.
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
Additionally, Users shall not:
Users shall not directly or indirectly:
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.
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.
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.
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.
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.