Last updated: 05th December 2020
Please read the Terms and Conditions [“Terms”] carefully before using The Music Academy, Madras Website [https://musicacademymadras.in/] as they constitute a legally binding agreement between you and the Music Academy. By accessing or using the Music Academy Website or any related service, you agree to comply with and be bound by these Terms along with the Privacy Policy. By accessing the Website, you agree to be bound by these Terms and you also agree to be bound to any changes to the Terms as published on the Website.
1. DEFINITIONS:
- User: refers to a (i) person who is at least 18 (eighteen) years of age, (ii) a legal entity, whether incorporated or not who is using the Music Academy Website;
- Music Academy/we/us/ours: refers to the Music Academy, Madras a society registered under the provisions of the Societies Registration Act, 1860 having its office at No. 168, TT Krishnamachari Road, Royapettah, Pudupet, Gopalapuram, Chennai, Tamil Nadu 600014;
- Account: refers to the User account created by User at our Website;
- Payment Partner: refers to “Eazypay Pro” a service provided by ICICI Bank to collect online payments;
- Fee: refers to the fee paid by the User to Music Academy for using its Service;
- Website: refers to https://musicacademymadras.in/ which is owned, operated and maintained for and on behalf of the Music Academy;
- ICICI Bank: refers to ICICI Bank Limited, a company incorporated under the Companies Act, 1956 and licensed as a bank under the Banking Regulation Act, 1949 and having its registered office at ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara, Gujarat Pin – 390 007, and corporate office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai 400 051.
- Privacy Policy: means the Privacy Policy of the Website available here : https://musicacademymadras.in/privacy-policy/ – and updated from time to time.
2. MUSIC ACADEMY SERVICE:
We are a music academy and promote and encourage the study, teaching, research and development of the art and science of music and other fine arts. As part of this music and dance concerts, theatrical performances, lecture demonstrations, etc. are held periodically. Some of these maybe held physically at the auditorium or online on streaming platforms that maybe paid/unpaid (“Service”). Users will be able to purchase tickets at our Website by paying a Fee to live stream our Service. However, we do not own or operate any payment gateway or platform. We only facilitate online booking and payments made by you through our Website. For the purpose of processing online payment, our Payment Partner’s terms of use and privacy policy are applicable. We are not liable for any damage or liability arising from the usage of the Payment Partner.
3. CREATING AN ACCOUNT ON MUSIC ACADEMY:
- You may register an account to access and use the Service provided by Music Academy.
- You can register an account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google.
- You must comply with the following policy relating to usage of your account:
- Provide accurate, current and complete information during the registration process and keep your account information up-to-date at all times.
- Do not register more than one (1) account.
- You cannot assign or otherwise transfer your account to another entity or person without consent from us.
- You are liable for any and all activities conducted through your account. You must immediately notify the Music Academy if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account.
4. FEE PAYMENT:
- When you make a ticket booking request on our Website, you are entering into a legally binding agreement with the Music Academy and are required to provide your personal identification information and payment details.
- It is clarified that the payment details such as your debit card number and other such information is directly collected by our Payment Partner. The Music Academy does not have any control over any such information and does not store any such information.
- No cancellation and/or refund of the Fee or any amount paid towards purchase of ticket is allowed for any reason whatsoever.
5. TERMS AND CONDITIONS FOR SALE OF TICKETS
- Tickets maybe bought only from this Website or from the Music Academy or such other persons/platforms authorized by the Music Academy only. Tickets once bought cannot be re-sold or cancelled or refunded for any reason whatsoever.
- Tickets are sold subject to the Music Academy’s right to make any alterations to the programme or cast. A change or substantial alteration or failure to streaming of the program, for any reason whatsoever, whether beyond or withing our control, will not lead to tickets being refunded.
- No money will be refunded if the performance or event has to be interrupted or abandoned. The Music Academy reserves the right to refuse admission to the performance or show. We reserve the right to provide alternative seats to those specified on the ticket.
- You cannot use of cameras and recording equipment during performances.
- The Music Academy may stage a number of live events and access to such events will be accessible from our Website. Some events maybe available on our social media pages. In order to view these events, you also agree to be bound by the terms and conditions of the relevant streaming platform. (“Digital Events”)
- You represent, warrant, and agree that you will use the Digital Events only for your personal, non-commercial use in accordance with these terms of sale.
- You represent, warrant, and agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the Digital Events, in whole or in part (including the Digital Content), in any manner. These terms do not grant to you any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of the Digital Events, in whole or in part.
6. DATA PRIVACY:
Music Academy collects and processes your personal data in accordance with its Privacy Policy available at its Website. You acknowledge and permit the Music Academy to disclose personal data provided to us to its Payment Partner to facilitate your use of the Website in accordance with the applicable law.
7. RESTRICTIONS ON USAGE OF MUSIC ACADEMY WEBSITE & SERVICES:
- Restrictions on use of Website: You are not permitted to (i) attempt to gain unauthorized access to the Website (ii) reproduce, modify, prepare derivative works based upon, the Website; (iii) decompile, reverse engineer or disassemble the Website; (iv) conduct data mining of the Website; (v) unduly burdening or hindering the functionality of any aspect of the Website.
- Copyright: All Copyright and other intellectual property rights subsisting in this Website, and the information and contents of this Website and the images and the text are owned by / licensed to the Music Academy and are accordingly protected by the laws of India.
- Personal use of Service: You represent, warrant, and agree that you will use the Service only for your personal, non-commercial use in accordance with these Terms. You are not permitted to record or store the Service in any manner whatsoever.
- Restrictions on use of Service: You are not permitted to (i) reproduce, store, print or display any part of this Website, in any form or by any means, other than for your own personal, non-commercial use; (ii) Adapt, publish, distribute or create derivative works from any part of this Website, in any form or by any means, for any purpose and; (iii) Otherwise exploit or use for commercial purposes any information, text, or images or services obtained from any part of this Website.
8. OTHER TERMS:
- External Links: This Website may contain links or references to other Websites. The Music Academy is not responsible for the content of or privacy practices associated with such Website. The Music Academy’s links or references of such Website should not be construed as an endorsement, approval or recommendation or the owners of such Website and/or any of the products or services referred to or information content on those Website.
- For the terms and conditions of sale of tickets purchased through our Payment Partner, please read https://www.icicibank.com/managed-assets/docs/terms-condition/eazypay-web-application-tnc.pdf
- For the privacy policy of sale of tickets purchased through our Payment Partner, please read https://www.icicibank.com/privacy.page?
9. TERMINATION AND LIMITATION OF LIABILITY
We may terminate or suspend the access to our Services and/or Website at any point in time without cause and without prior notice or liability, including without limitation any breach of these Terms by you.
You acknowledge that the Service is provided on “as is” basis and that it is possible that interruptions or degradation of its quality or disturbance of the Service may be caused by any cause, within or beyond our control. In any such an event, without any attribution to implied warranties, the Music Academy’s liability shall be limited to exercising reasonable efforts to restore the Service as soon as possible, if possible.
The Music Academy shall not be liable for any loss or damage (including direct or indirect damage or other damages, loss of revenues, profits or business) which you may sustain due to any interruption in the availability of the Service or any degradation or deterioration of the Service or due to the inability of the Music Academy to restore the Service.
We shall not be liable for any indirect or consequential damages, losses, or faults of any nature whatsoever including but not limited to loss of revenues, profits or business, from breach of contract, or in tort.
10. GOVERNING LAW AND JURISDICTION:
- The present Terms shall be exclusively governed by and construed in accordance with the laws of India.
- Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the use of Music Academy Website, Service or these Terms, including those relating to its validity, its construction or its enforceability shall be mandatorily submitted to arbitration under the Arbitration and Conciliation Act, 1996 as amended from time to time.
- The dispute shall be resolved by a sole arbitrator to be appointed by mutual consent of the parties. The seat and venue of arbitration shall be Chennai, India and shall be conducted in the English language. The Courts in Chennai shall have exclusive jurisdiction.