JamPad

Terms & Conditions

Soundstation Private Limited

info@jampad.in

Terms & Conditions

  1. Introduction

JamPad (“Application”) is owned, controlled and operated by Soundstation Private Limited (“SPL”, “we” or “us” ’).  SPL provides its services vide its Website (jampad.in) and through its Mobile Application (“Services”) subject to the following Terms of Use (“Terms”). These Terms govern all individuals and entities that may access the Application, regardless of the means of access (“User” or “You”). You agree  that you possess the legal capacity and right to enter into this Agreement and to use the respective Application for the services to be rendered by us, in accordance with the Terms herein. Your use of our Services signifies that you have read, understood and accepted these Terms, the Privacy Policy, License Agreement, Refund Policy (accessible on: [jampad.in]), and any supplemental terms provided to you for the Service, forming legally binding contracts between You and us. (“hereafter known as Agreements”).

We reserve the right to modify these Agreements in our sole discretion by updating the Agreements available on the Application, including but not limited to the charges for the Services provided through the Application. The User shall be responsible for regularly reviewing these Terms.

PLEASE READ THESE TERMS & CONDITIONS, PRIVACY POILCY, LICENSE AGREEMENT & REFUND POLICY CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, AND THE APPLICABILITY OF LAWS WHENEVER A DISPUTE MAY ARISE.

  1. Use of Service

1.1 Use Description

Subject to your compliance with these Terms and Agreements, SPL grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Services and any products, services, functionality, content, information, or other materials available on or through the Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms and Agreements. Except for the foregoing license granted to you by us; no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.

1.2 Registration Requirements

You understand that certain features of our Service may only be available to registered Users/ users with a “JamPad account”.  Registration by You shall mean that You agree that every information furnished and provided by You is true, accurate, current and complete information about yourself and you agree to keep your account information up-to-date. You agree to maintain confidentiality of your account information and for all activities that may occur under your account information. Please note that the registration data and certain other information about you are governed by our Privacy Policy.

1.4 General Practices Regarding Use and Storage

You acknowledge that SPL may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Application’s servers on your behalf. You agree that SPL has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that SPL reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that SPL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

1.5 Mobile Services

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent, you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Application and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your JamPad account information to ensure that your messages are not sent to the person that acquires your old number.

  1. Conditions of Use

2.1 User Content

You are solely responsible for all code, images, information, data, text or other materials (“content”) that you upload, post, publish or display (hereinafter, “User Content”) or email or otherwise use via the Service. if in the event we suffer any loss or damages on account of your User Content belonging to another party or such Content violating or infringing the rights of any party, you shall be liable to indemnify us for such loss and damages. SPL reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the JamPad account of such violators and reporting you to the law enforcement authorities.

You agree and undertake that by uploading / posting any User Content, and in consideration of you using the Service, you automatically constitute you granting a royalty-free, perpetual, irrevocable, transferrable, worldwide license to SPL to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such User Content (in whole or part) and / or to incorporate it in other works in any form, media, mode of delivery or technology now known or later developed, (b) display online or offline your User Content (or part thereof, or any modification, adaptation, translation or derivative works thereof) online and offline and permit others to do the same, and (c) permit other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Service, as may be permitted by the functionality of those Services. Further, the license you have granted to us as aforesaid shall not lapse notwithstanding that we have not used, distributed, displayed, published, or adapted/modified any of the User Content for any duration.

Further, the User undertakes that under no circumstances shall a User Content:

(i) belong to another person and to which you do not have any right;

(ii) be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;

(iii) harm minors in any way;

(iv) infringe any patent, trademark, copyright or other proprietary rights;

(v) violate any law for the time being in force;

(vi) deceive or mislead the viewer about the origin of any information, or contains any information that is grossly offensive or menacing in nature;

(vii) impersonate another person;

(viii) contain software viruses or any other computer code, files or programmes that is designed to interrupt, destroy or limit the functionality of any computer resource;

(ix) threaten 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.

2.2 User Undertaking

The User agrees the he / she is above 18 years of age and has the legal capacity to enter into the agreement. You agree that you understand the risks associated with this course, proprietary, physical and/or mental.

Please note that if the User is below 18 years of age, parental supervision is strongly recommended. SPL shall not be liable for any injury, personal or proprietary, including but not limited to, damage to property, physical injury, death, loss of limb, arising out of or in relation to the use of Services by you.

While availing the Services, due diligence and reasonable care must be exercised by the User and / or Supervisor, as the case may be, while carrying out any exercises / activities as a part of or in consequence of our Services.

Additionally, User undertakes that he/she shall not use the Services for:

  1. obtaining or attempting to obtain unauthorized access to the Services or to SPL’s servers, systems, network, or data;
  2. making available any Content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  3. violating any applicable laws, rules or regulations;
  4. impersonating any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
  5. making available any User Content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
  6. posting User Content containing advertisements or other commercial solicitations without our prior written permission;
  7. making available viruses or any other computer code, files, programs or Content designed to interrupt, destroy or limit the functionality of the Services or affect other users; or
  8. interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.

2.3 Fees

You agree that for availing our Service(s) You would be required to opt for a payment plan and provide the required information with respect to your credit card or other payment instrument(s).

You represent and warrant to SPL that such information is true and that you are authorized to use the payment instrument.

You agree to update us regarding the changes that may have taken place with respect to your JamPad account, User’s billing address, card details etc.

You agree to pay SPL the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize SPL to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred.

If you dispute any charges you must let SPL know within ten (10) days after the date that SPL charges you. We reserve the right to change SPL’s prices. SPL will notify such changes through ordinary recourse such as via email or other electronic media. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

2.4 Recurring Subscriptions

Wherein a Service is selected by You having an auto renewal feature (“Recurring Subscription”), you agree to authorize SPL to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you or from your side.

2.5 Commercial Use

Unless otherwise expressly authorized herein or by SPL in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You may not use the Services for any purpose not expressly permitted by the Agreements.

2.7 Anti-Corruption and Anti-Abuse Policy

You agree to comply with all applicable anti-corruption laws applicable within the jurisdiction of India and agree to not use the Service(s) for any corrupt practices including but not limited to collecting unlawful payments from anyone for a corrupt purpose in relation to these Terms / Conditions.

Further, you agree to not to send any unsolicited messages or endorsing illegal activities using the Service. You agree to not to engage in conduct or activity that is disruptive to the Service or the experience of other users of the Application.

  1. Intellectual Property Rights

3.1 Service Content, Software and Trademarks

You agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SPL, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part.

Further, you agree that you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Application from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Furthermore, the technology and software underlying the Service or distributed in connection therewith are the property of SPL, our affiliates and our partners (the “Software”) and You agree to not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

Please note that SPL name and logos are trademarks and service marks of SPL (collectively the “SPLTrademarks”).

You agree to accept the requirement(s) in respect to software update for the initiation of the Application whenever required / mandated by SPL.

Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SPL Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of SPL Trademarks will inure to our exclusive benefit.

3.2 Copyright / Other Personal Right Violation Complaints

SPL respects the rights owned by other parties and thus as a responsible brand we urge our Users to do the same. If you believe that your other personal rights have been otherwise violated, you should submit your complaint at  info@jampad.in. For the sake of convenience for both the parties, kindly furnish the following details to us:

  • Information and description regarding the identification of the material on the Jampad Application/ website, which is believed to be infringing;
  • The country or countries to which your copyright applies;
  • Explanation as to how the alleged mark is infringing to the original claimed mark;
  • Address, telephone number, email address and any recognized identification proof of the Claimant i.e. the person who alleges his / her mark to be infringing.

If you are unsure whether there has been an infringement of your rights in the material, we suggest that you seek legal advice before reporting the material to us or sending us a counter-notice. Our response to your notice is regulated by applicable law.

Any false allegation with a mal intention to disrupt the goodwill of SPL or to gain undue advantage or otherwise, shall make you liable under the relevant laws of India and shall authorize us to disable and / or terminate your JamPad account and / or membership at SPL.

3.3 Infringement Policy

You agree that SPL shall have the sole discretion / authority to disable and / or terminate the JamPad account and / or membership at SPL of any infringer who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

  1. Access to Third Party Websites

The Application may provide you with the platform to access other sites and applications. It is clarified that at no point does SPL take any responsibility of the option(s) / access of such sites being available to You neither shall SPL be held responsible / liable for any damage / loss caused or alleged to be caused by or in connection with the use of any such content, events, goods or services available on or through any such site(s) or resource(s).

Further, where the User uses / enrolls to the services rendered by these Third Party sites and / or other applications, SPL shall not be held responsible / liable for any damage / loss caused or alleged to be caused by accessing such service(s).

  1. Social Networking Services

You may access our Services via various social media and social networking services including but not limited to Facebook, Instagram, etc. For having a better experience or otherwise, we may require you to login or register via such social media accounts.

You agree that SPL has the right to gather certain information that you have provided to respective Social Networking Services. You agree that we have the right and the authority to store and disclose such information in accordance with our Privacy Policy.

Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties and SPL shall not be liable for any misuse, data leak or any other infringement / act escalated by such a third party. In no manner shall SPL be held liable or required to indemnify for any losses caused by the acts of such Social Networking Services.

  1. Indemnification

You agree to indemnify and hold harmless SPL and its affiliates, officers, directors, employees, agents and others associated with it, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising out of or relating to your use of and access to the Services; any violation caused by you in respect to any of these Terms or in respect to the rights of another including violation of any third party rights; and breach of any applicable laws etc.

Please note that the provision of Indemnity under these Terms shall survive the expiry of Services rendered by us to you as well as the expiry of these Terms.

  1. Disclaimer of Warranties

You agree that your use of the Services is at your own risk. The Services including contained on or provided through the Website or the Mobile Application are provided on an “AS IS” basis and are provided without warranties or guarantees of any kind, either express or implied. SPL does not make any warranties or guarantees of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement.

Nowhere, does SPL makes any warranties or guarantees that our Services shall be uninterrupted or error free or the results obtained shall be accurate or qualifies to fulfil the User’s requirements / expectations.

  1. Limitation of Liability

IN NO CASE SHALL SPL, ITS DIRECTORS, EMPLOYEES, OFFICERS AGENTS, AFFILIATES, CONTRACTORS, PRINCIPALS, LICENSORS OR OTHERS ASSOCIATED WITH IT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

  1. Binding Arbitration; Class Action Waiver

At SPL’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms or the Services that are not resolved by mutual agreement may be resolved by individual (not group) binding arbitration to be conducted before a lawyer. Unless otherwise agreed by the parties, arbitration will be held in the State of NCT of Delhi before a single arbitrator mutually agreed upon by the parties.

Where the parties fail to appoint an Arbitrator mutually or if the parties cannot mutually agree, then the dispute shall be dealt in accordance with the rules and regulations promulgated unless specifically modified in the Terms.

The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding.

Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Notwithstanding the provisions of the introductory section above, if SPL changes this ‘Arbitration’ section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of SPL’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and SPL in accordance with the provisions of this section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND SPL REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

  1. Termination of Service

SPL may, without providing any reason in its sole discretion unilaterally terminate, suspend, limit, or restrict your account or use of the Services or access to Content at any time, without any prior intimation / Notice / information for any reason whatsoever, for reasons including but not limited to the breach by you of the Terms, the Privacy Policy, Laws, Rules, or Regulations, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason(s). You hereby agree and consent to the above and agree and acknowledge that SPL may, at its sole discretion, exercise its right in relation to any of the above.

  1. Refund

You hereby agree that SPL shall not refund any amounts that you may have paid to access and / or use the Services.

  1. Disputes between Users

You agree that you are solely responsible for any interaction(s) with any other user or third party in connection with the Services. SPL shall have no liability or responsibility with respect thereto. SPL reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

  1. General

You agree that these Terms constitute the entire agreement between you and SPL and govern your use of the Services, superseding any prior agreements between the parties with respect to the Services.

You agree that for any issue arising between the parties, it is the Laws of India which shall be applicable. You agree that the parties before initiating the applicable Laws or approaching the Courts of India shall exhaust the option of Arbitration.

Any failure on the part of SPL to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Without prejudice to any other provision herein, SPL shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond SPL’s control, including, without limitation, acts of the User or other Users, embargo or other Governmental act, regulation or request affecting the conduct of SPL’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign these Terms without the prior written consent of SPL, but SPL may assign or transfer these Terms, in whole or in part, without restriction. The section titles / heads used in these Terms are for better understanding only and have no legal or contractual effect. Notices to you may be made via either email or sent via regular post. SPL may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Application.

  1. Severability

You agree that where any provision of these Terms are held invalid, void, or unenforceable under the Law, then such provision / provisions, as the case may be, shall be considered severable from the remaining provisions, and the remaining provisions shall continue to be given full force and effect.

  1. Taxation

The Fees rendered by you for our Services are inclusive of applicable taxes. Please note the fees may vary with the changes in the rates / slabs / laws pertaining to taxation.

  1. Coupon, Codes, Offers, Schemes, Discounts, Cashbacks, etc.

SPL for a limited period may / may not assign with third parties and offer Coupons, Codes, Offers, Schemes, Discounts, Cashbacks, etc. to its existing and / or new users.

You agree and accept that offering of such Coupons, Codes, Offers, Schemes, Discounts, Cashbacks, etc. may only be provided for a particular class of users or a particular class of learners etc. (example: Users who have opted for any Music Class may get these offers whereas Users who have opted for any other skill may not be rewarded / offered with such offers).

  1. Feedback and Suggestions

Please contact us at _info@jampad.in__ to report any complaints or violations in respect of these Terms or to pose any queries or provide any feedback and / or suggestions regarding the Terms or the Services.