Acceptance of Terms
The terms and conditions outlined in these Terms govern all matters related to your installation and use of the Application and supersede all other agreements, representations, warranties and understandings with respect to the Application. By entering into these Terms electronically, you agree that these Terms have the same force and effect as an agreement made in writing and that Company may provide you with any notices and terms about the Application electronically by posting such notice on the Site.
Update and Modification of the Terms
You agree that Company is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Application (each an “Update”). However, in the event Company decides to offer an Update, you agree that Company may amend these Terms in connection with such Update without specific notice to you and that your installation and use of the Update is conditioned upon your acceptance of any revised Terms. The current version of these Terms will be posted at www.Phenaka musci.com (the “Site”) and you are responsible for reviewing the version of the Terms available at the Site before installing an Update. By installing an Update, you are representing that you have reviewed the then-current version of the Terms at the Site and agree to be bound by such version. You may not install any Update unless you agree to the then-current version of the Terms.
Ownership Rights and License
As between you and Company, the Application, and all content (except for Third Party Content as described below) contained within the Application, is and shall remain the sole property of Company and is subject to protection under copyright laws. All third-party information (such as, audio files, music files or other sounds) that you may have access to by using the Application (“Third-Party Content”) may be protected by intellectual property rights that are owned by the individual or entity from which such Third Party Content originated. Company reserves the right (but has no obligation) to filter or refuse to transmit any Third-Party Content via the Application. You agree that your use of the Application to communicate with any third parties is at your own risk.
User Conduct and Compliance with Laws
You agree that the Application merely provides a software service that enables you to access music and related historical and musicological information, including biographies of composers.
These Terms are effective until terminated by you or Company. Your rights under these Terms will terminate automatically without notice from Company if you fail to comply with any term(s) of this license. Upon termination of these Terms you shall cease all use of the Application, and delete all copies, full or partial, of the Application.
You expressly acknowledge and agree that your use of the Application is at your sole risk and that, to the maximum extent permitted by applicable law, the Application and any content or information provided by the Application are provided “as is” and “as available”, with all faults and without warranty of any kind, and Company hereby disclaims all warranties and conditions with respect to the Application and any content or information provided by the Application, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Company does not warrant that the Application or any content provided by the Application, will meet your requirements that the operation of the Application will be uninterrupted or error-free, or that defects in the Application will be corrected. No oral or written information or advice given by Company or its authorized representatives shall create a warranty.
Your Content and Conduct
As a Phenaka account holder you may submit Content to the Service, including user comments. You understand that Phenaka does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Phenaka all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Phenaka all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the Phenaka Community Guidelines, as updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Phenaka does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Phenaka expressly disclaims any and all liability in connection with Content. Phenaka does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Phenaka will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Phenaka reserves the right to remove Content without prior notice.
Account Termination Policy
Phenaka will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Phenaka reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Phenaka may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
Phenaka operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party..
As part of Phenaka copyright policy, Phenaka will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
Limitation of Liability
To the extent not prohibited by applicable law, in no event shall Company, its officers, directors, employees or agents be liable for personal injury, or any incidental, special, punitive, exemplary, direct, indirect or consequential damages whatsoever, including, without limitation, property damage or injury to another person, damages for loss of profits, corruption or loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of limitation of personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the aPhenaka of rupees one thousand only (Rs1000.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Arbitration; Applicable Law
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Please read this carefully. It affects your rights.
Except for a claim by Company of infringement or misappropriation of Company’s patent, copyright, trademark, or trade secret, any and all disputes between you and Company arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Application.
You agree that by entering into this agreement, you and Company are each waiving the right to trial by court or to participate in a class action. You and Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
The arbitration will be governed by the Indian Arbitration Act and Rules framed thereunder, the Company shall have right to appoint sole arbitrator , you and Company must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction in Courts in Mumbai.
This Agreement constitutes the entire agreement between you and Company and supersedes all prior or contemporaneous understandings and agreements, oral or written, relating to the subject matter hereof.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
Company Name and Address
Company’s contact information for any end-user questions, complaints or claims with respect to Application is custcarePhenaka@gmail.com
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Phenaka without restriction.
Third Party Beneficiary
You acknowledge and agree that Phenaka, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Phenaka, as applicable will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You agree to indemnify, defend, release, and hold harmless Company, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Application or any Conferencing Service, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.
You hereby agree that if the terms of this Agreement are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
Updated January 14, 2021
1. Collection of Your Information
When you use our Platform, we collect and store your information which is provided by you from time to time. In general, you can browse the Platform without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service, product or feature on the Platform.
We may track your buying behaviour, preferences, and other information that you choose to provide on our Platform. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Platform or not), which URL you next go to (whether this URL is on our Platform or not), your computer browser information, and your IP address.
We collect personal information (such as email address, delivery address, name, phone number, credit card/debit card and other payment instrument details) from you when you set up an account or transact with us. While you can browse some sections of our Platform without being a registered member, certain activities (such as placing an order or consuming our online content or services) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback or if you use voice commands to shop on the Platform, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Platform, we may collect such information into a file specific to you.
2. Use of Demographic / Profile Data / Your Information
We use your personal information to provide the product and services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to assist sellers and business partners in handling and fulfilling orders; enhancing customer experience; resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services; inform you about online and offline offers, products, services, and updates; customize and enhance your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection of information.
With your consent, we will have access to your SMS, contacts in your directory, location and device information. We may also request you to provide your PAN, GST Number, Government issued ID cards/number and Know-Your-Customer (KYC) details to: (i) check your eligibility for certain products and services including but not limited to credit and payment products; (ii) issue GST invoice for the products and services purchased for your business requirements; (iii) enhance your experience on the Platform and provide you access to the products and services being offered by us, sellers, affiliates or lending partners. You understand that your access to these products/services may be affected in the event consent is not provided to us.
In our efforts to continually improve our product and service offerings, we and our affiliates collect and analyse demographic and profile data about our users' activity on our Platform. We identify and use your IP address to help diagnose problems with our server, and to administer our Platform. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to participate in optional surveys conducted either by us or through a third party market research agency. These surveys may ask you for personal information, contact information, date of birth, demographic information (like zip code, age, or income level), attributes such as your interests, household or lifestyle information, your purchasing behaviour or history, preferences, and other such information that you may choose to provide. The surveys may involve collection of voice data or video recordings, the participation of which would purely be voluntary in nature. We use this data to tailor your experience at our Platform, providing you with content that we think you might be interested in and to display content according to your preferences.
4. Sharing of personal information
We may share personal information with our other corporate entities and affiliates for purposes of providing products and services offered by them, such as, the deferred payment options . These entities and affiliates may share such information with their affiliates, business partners and other third parties for the purpose of providing you their products and services, and may market to you as a result of such sharing unless you explicitly opt-out.
5. Links to Other Sites
Our Platform may provide links to other websites or application that may collect personal information about you. We are not responsible for the privacy practices or the content of those linked websites.
6. Security Precautions
We maintain reasonable physical, electronic and procedural safeguards to protect your information. Whenever you access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to our security guidelines to protect it against unauthorized access. However, by using the Platform, the users accept the inherent security implications of data transmission over the internet and the World Wide Web which cannot always be guaranteed as completely secure, and therefore, there would always remain certain inherent risks regarding use of the Platform. Users are responsible for ensuring the protection of login and password records for their account.
We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications after setting up an account with us. If you do not wish to receive promotional communications from us then please login into the Notification Preference page of Platform.
8. Advertisements on Platform
We use third-party advertising companies to serve ads when you visit our Platform. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
9. Children Information
We do not knowingly solicit or collect personal information from children under the age of 18 and use of our Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are under the age of 18 years then you must use the Platform, application or services under the supervision of your parent, legal guardian, or any responsible adult.
10. Data Retention
We retain your personal information in accordance with appliable laws, for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. However, we may retain data related to you if we believe it may be necessary to prevent fraud or future abuse or if required by law or for other legitimate purposes. We may continue to retain your data in anonymised form for analytical and research purposes.
11. Your Consent
13. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Dheeraj Luthra
270A Tower B1 Spaze ITech Park
Sector 49 Gurugram - Haryana -122018.
Phone: +91 9354890082
Time: Mon - Sat (9:00 - 18:00)
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