These Terms and Conditions for Ticket Booking (“Terms and Conditions” or “Agreement”) is made and entered into by and between Undersounds Entertainment Pvt Ltd., a corporation organised and existing under the laws of India, with its head office located at 1/22, Vishwash Khand Gomti Nagar, Lucknow, Uttar Pradesh, 226010 (“Company”, “we”, “us”, or “our”) providing its services through https://undersounds.in/ (the “Website”) and any User who accesses and uses the Website, by checking a box agreeing to all the terms and conditions, agrees to this Privacy Policy. 

You are required to read and accept these Terms and Conditions before you may book a Ticket. By booking a Ticket using the Website, we understand that you have fully read, understood, and accepted these Terms and Conditions. In addition, when you use any current or future version of the Website or check a box agreeing to all the terms and conditions, it will constitute a symbol of your signature. 

Please read our Terms of Use, Refund and Cancellation Policy and Privacy Policy carefully, which may be found at https://undersounds.in/ and which is incorporated by reference into these Terms and Conditions. If you do not agree with these Terms and Conditions, you must stop using or accessing the Website immediately. 

You hereby acknowledge and admit that you have read, understood, and accepted to be bound by these Terms and Conditions, as may be modified by the Company from time to time. Any amendments or variations thereto shall take effect from their date of publication on the Website. 

1) KEY TERMS 

In these Terms and Conditions, (i) capitalised terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following terms have the meanings assigned to them herein below:

1.1 “Account” means the account that Users create on the Website; 

1.2 “Add on Services” means the add on services available on the Website when User books a Ticket. It will allow the User to book slots for experiences like a drive experience, dinner tables etc.  

1.3 “Attendee” means a Customer who has purchased a Ticket and attends and/or participates in an Event; 

1.4 “Booking Amount” means the total amount payable by Customer, for a Website Service;

1.5 “Booking Confirmation” or “Confirmed Booking” means any and all written or electronically transmitted booking confirmation sent by the Company to the Customers and which may include, without limitation, event date, time and location, reference number and any special conditions; 

1.6 “Content” means any content (including but not limited to, the name, trademark, and logo of the Company; all information about the Company; any text, correspondence, photographs, graphics, applications; any video recordings, audio recordings, sounds, blog content, designs, features, and other materials) generated by and/or belonging to the Company;

1.7 “Customer” means a person that contracts or engages to book a Website Service;

1.8 “Events” means event organised by the Company and listed on the Website;

1.9 “Party” or “Parties” means the Company and the User referred to individually and collectively respectively; 

1.10 “Personal Data” means any data related to a specific natural person or related to a natural person that can be identified directly or indirectly by linking the data, such as an individual’s name, voice, image, identification number, electronic identifier, geographical location; 

1.11 “Recorded Material” means photographs, video, or audio recordings of the User at the venue or at the immediate surroundings of the entrance of the venue, where the Website Services are being provided; 

1.12 “Ticket” means any form of paid or complimentary entrance voucher or method of measuring and controlling entrance, whether a physical printed ticket, voucher, pass, wristband or similar, or an electronic form of ticket such as a unique bar code, QR code, reference number which identifies the holder as having purchased or been given permission to access a specific Event;

1.13 “User”, “you” and “your” collectively mean the person, company or organization that has visited or is using the Website and/or the Website Services. User includes, without limitation, the Customer and Attendee; 

1.14 “Venue” means the place where an Event is being organised by the Company; 

1.15 “Venue Management” means the persons who are responsible for managing or operating the Venue; and 

1.16 ““Website Services” means the services provided by the Company through the Website and/or offline services provided by the Company. Website Services includes, without limitation, the Add on Services.  

2) WEBSITE AND WEBSITE SERVICES

2.1 The Company provides services including but not limited to, providing a Website for its Users to book and avail the various Website Services; any special or additional service as Company may offer to Users from time to time.

2.2 The Website is not intended for Users under the age of eighteen (18). 

2.3 User can either become a registered User by creating an Account, by filling an online registration form, providing information including but not limited to name, contact information or by using third-party accounts (e.g., Gmail, Facebook, etc) or access the Website as a guest User to avail the Website services

2.4 Any information provided in relation to the account registration process will be subject to the Company’s Privacy Policy. The mobile numbers and email addresses provided will be used for the purpose of verification and may be used by the Company for marketing and communication purposes. The Company reserves the right to request additional information from a User (such as a valid ID copy) in order to verify User’s identity. 

2.5 Each User is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You may not share your password with unaffiliated third parties. You agree to notify the Company immediately of any unauthorized use of Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by you or others. The Company is authorized to act on instructions received through use of your Account or registration and is not liable for any loss or damage arising from your failure to comply with this clause 2. 

2.6 Your Account, including any information pertaining to it (e.g., contact information, billing information, Account history, etc.), is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account. 

2.7 By creating an Account or using the Website Services, you consent to us contacting you about your interest in our Website Services by email, mobile, or through any other contact information you have chosen to provide. Users wishing not to receive offers from us may notify us at any time via one of the contact methods listed in the Contact Us section on the Website. 

2.8 We reserve the right to suspend or terminate your Account at any time, if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or any provision of this these Terms and Conditions is violated. 

2.9 You can delete your Account at any time by going to the “My Account” section and select “Delete Account”. 

2.10 By making a booking through our Website, you represent and warrant that: (i) you are legally capable of entering into this Agreement; (ii) you are at least eighteen (18) years old (if you are an individual); and (iii) if you are using the Website on behalf of a third party, you are authorised and have the authority to bind that third party to these Terms and Conditions. Any registration by, use of, or access to, the Website by any person under eighteen (18) years is unauthorized, unlicensed and in violation of these Terms and Conditions.

3) ADD ON SERVICES

3.1 Where the User books an Add on Service that includes food and beverage, the User will be contacted by the Venue Management to know the User’s preference and allergies, if any.  

3.2 Any request by the User, for vegan, dairy free and keto diets will not be accommodated by the Venue Management.

3.3 All ingredients and allergens (if any), in the menu chosen by the Customer, shall be communicated to the Venue Management by the Customer. It is the sole responsibility of the Customer to communicate all ingredients and allergens (if any) to the Venue Management. The Company should not be held liable under any circumstance. 

4) BOOKING CONFIRMATION

4.1 When you book a Website Service, such booking is required to be accepted by us before it is confirmed. We will send you a Booking Confirmation notification if your booking has been accepted. You understand and acknowledge that the agreement for the supply and provision of any Website Service booked by you shall come into existence only when we send you the Booking Confirmation. 

4.2 The Booking Confirmation will either be sent to the email address, provided by the User at the time of booking or the User will receive the Booking Confirmation on WhatsApp, on the number provided by the User at the time of booking.  

4.3 Any booking made via the Website is subject to the Company’s approval. The Company may, in its sole discretion, decide to not provide Website Services to a User.

5) PAYMENT

5.1 You may book any Website Service by making a payment of the Booking Amount. Payments may be made through debit card, credit card, or other payment method as may be made available by the Company from time to time.

5.2 If you wish to pay with a debit or credit card, your preferred debit or credit card will be authorised and the corresponding Booking Amount will be debited with respect to the Confirmed Booking. By selecting payment by debit or credit card, each Customer hereby expressly consents to, authorizes, and instructs the Company/third party payment processor to charge the debit or credit card provided by the Customer.

5.3 By booking any Website Service, you confirm and warrant that you are authorized to use the payment method that you utilized for booking the Website Service. 

5.4 For any Confirmed Booking of Website Services, Customers unconditionally and irrevocably undertake to pay the Booking Amount in full to the Company in accordance with these Terms and Conditions. Customers shall bear all applicable VAT and credit card fee associated with any payment made to the Company.

6) TICKET USAGE POLICY AND ATTENDANCE AT EVENT

6.1 The Attendee would be able to enter the Venue only with an e–ticket, in accordance with the terms and conditions of the Event in respect of which the User has booked a Ticket. 

6.2 Tickets purchased on the Website are non–refundable except for in the limited circumstances as mentioned in the Event details on the Website and/or the Cancellation and Refund Policy. 

6.3 Tickets purchased on the Website can be transferred to a third party, subject to approval by the Company.

6.4 Tickets cannot be resold at a value greater than their original purchase price. In the event, the Company becomes aware of a Ticket being resold for commercial gain at a price greater than the original purchase price, the Company will cancel the Ticket without a refund to the Customer, and the Ticket will not be valid for entry.

6.5 The minimum age of Attendee shall be the legal drinking age of the state in which the Event is being organised.

6.6 The Venue Management may require the Attendee to provide proof that they are the original purchaser of the Ticket at the point of entry to the Venue in the form of acceptable original photo ID such as a passport, driver’s license, Aadhar card. Only government issued identification documents, containing address, will be acceptable as proof of identity. The Attendee understands that the Venue Management may only allow the admission to the person whose name is on the Ticket. 

6.7 A wristband will be provided to the Attendee at the Venue. If such wristband is lost, damaged, or tampered, for any reason whatsoever, the Customer will have to purchase a new Ticket, after which the Company will issue a new wristband to the Customer.   

6.8 The wristband must remain on the Attendee’s wrist for the full duration of the Event. Wristbands removed from the wrist or tampered with will be rendered invalid and will not be replaced. Lost or missing wristbands will not be replaced. It is the Attendee’s responsibility to take care of their wristband. Attendees without wristbands will be refused admission to the Event or may be removed from the Event.

6.9 It is the responsibility of the Customer to protect their Tickets from loss or theft, the Company is not responsible for replacement of lost or stolen Tickets and does not issue refunds for lost or stolen Tickets. This applies to electronically issued Tickets.

6.10 In most cases, full payment for the Ticket is made at the time of purchase, and the Ticket is dispatched to the Customer shortly after the purchase has been completed. In the event that payment is made fraudulently using a lost and/or stolen debit or credit card or the debit or credit card is used without the permission of the card owner, the Company reserves the right to cancel such Tickets purchased without refund to the fraudulent purchaser.

6.11 It is the Attendee’s responsibility to check whether there are any restrictions placed on the entry to the Venue, including but not limited to, age restrictions or dress code restrictions, before purchasing a Ticket. The Company will not be held liable and will not refund the Booking Amount paid for the Ticket if entry to the Venue is declined by the Venue Management for any reason including, but not limited to, failure to meet the dress code, failure to meet age restrictions, dangerous, disruptive, unruly, or unlawful behaviour.

6.12 All Tickets are issued subject to the rules and regulations of the Event and the Venue.  It is the responsibility of the Attendee to abide by such rules and regulations and to familiarize themselves with the rules and regulations before purchasing a Ticket.

6.13 In all cases Venue Management reserves the right of entry and reserves the right to conduct security searches at any time to ensure safety and security at the Venue.

6.14 All the Attendees and any item that the Attendees are carrying inside the Venue are subject to a consent inspection upon entering the Venue. This consent inspection may involve metal detectors.

6.15 If an Attendee is ejected from a Venue by the Venue Management, then the Attendee shall not be entitled to a refund under any circumstances.

6.16 If a Venue operates a strict “no re-entry” policy, meaning that if the Attendee leaves the Venue, they will not be permitted back into the Venue using their original Ticket.  It is the responsibility of the Attendee to familiarize themselves with the re-entry policy of the Venue.  No refunds will be issued to Attendees who leave a Venue during an Event and are refused re-admission because of the no re-entry policy. 

6.17 The Venue Management may restrict what items are brought inside the Venue, including but not limited to, food, beverages, cameras, video and audio recording equipment, seating, selfie sticks, and items considered unlawful, hazardous, dangerous, or potential weapons. The Company will not be held liable and will not refund the amount paid for the Ticket if entry to the Venue is declined or an Attendee is ejected by the Venue Management for bringing, or attempting to bring, a restricted item inside the Venue.  Furthermore, the Company accepts no responsibility or liability for items confiscated by the Venue Management.

6.18 The Company and the Venue Management accepts no responsibility or liability for any items lost or stolen, or any injury incurred at the Venue.

6.19 It is the Attendee’s responsibility to attend the Event at the correct time on the correct date.  It is the Attendee’s responsibility to check that the Event is due to take place on the original published date and at the original published time.  The Company accepts no responsibility or liability for any loss, whether actual or implied, due to the Attendee failing to check the date and time of the Event prior to travelling to the Venue.  In the event an Event is cancelled or postponed, then User may get a refund subject to the Cancellation and Refund Policy.

6.20 Failure on the part of the Customer to attend an Event for any reason will not be a reason for issuing a refund.

6.21 Many Events will have a “last admission” time, meaning the latest time an Attendee can enter the Venue. It is the responsibility of the Attendee to ascertain the last admission time. If an Attendee is refused entry for an Event because they arrive at the Venue after the last admission time, the Company will not issue a refund.

6.22 Most Venues prohibit the unauthorized use of photographic and recording equipment. Please check with the Venue Management before arriving at the Event.

6.23 The Artist, performer line-up, all billed attractions at the Event may be subject to change at any time without notice. All advertised performance times are also subject to change without notice. Your purchase of Tickets is subject to our right to alter or vary the programme due to events or circumstances beyond our reasonable control. Once purchased, Tickets cannot be exchanged, refunded, or returned unless the Event is cancelled (see the Refund and Cancellation Policy).

7) ITEMS PROHIBITED INSIDE THE VENUE

This list of prohibited items is subject to change at the discretion of Venue Management:

7.1 No bags will be permitted inside the Venue except for small clutches (9″ x 5″ x 2″ max). Backpacks of any size are not allowed

7.2 Cameras with interchangeable/detachable lens or external flash (No Professional Photography)

7.3 Audio/Visual Recording Devices

7.4 Selfie Sticks, Tripods, Monopods

7.5 Outside Food, Beverage

7.6 No alcoholic drinks may be brought inside the Venue. They will be confiscated at the gates and disposed of

7.7 Cans, Metal/Glass/Plastic Containers, Bottles, or Flasks (empty or sealed bottles included)

7.8 Laptops, Tablets, Personal Computers, or Two-Way Radios

7.9 Weapons, Firearms, Pepper Spray, Pocket Knives or Mace

7.10 Illegal Drugs or Substances

7.11 Flammable Liquids, Aerosol Cans, or Permanent Markers

7.12 Flashlights, Laser Pointers, Light/Glow Sticks, Flares, or Fireworks

7.13 Noise Making Devices (i.e., Air Horns, whistles, bells, vuvuzelas, etc.)

7.14 Balloons, Balls, Projectiles, or Optical Illusions

7.15 Skateboards, Scooters, Rollerblades, Bicycles, Hover boards, and Helmets

7.16 Coolers, Ice Chests, Folding Chairs, or Pointed-Tip Umbrellas

7.17 Masks, Chains, or Studded Belts/Bracelets

7.18 Drones 

7.19 Animals or Pets 

7.20 Unapproved Pamphlets, Handouts, Ads, or Flyers without prior consent from Venue Management

7.21 Clothing, garments, or signs displaying explicit language, profanity, or derogatory characterization toward any person(s)

7.22 Signs, Flags, or Banners exceeding 11” x 17” or attached to a pole/stick. Signs must be relevant to the Event. Signs may not contain or display obscene or offensive language and/or pictures as determined by the Venue Management. Venue Management reserves the right to prohibit or remove a sign or banner at any time.

8) CANCELLATIONS AND REFUNDS

As per Cancellation and Refund Policy available at https://undersounds.in/refund-policy/

9) HEALTH AND SAFETY

As per Health and Safety Policy available at https://undersounds.in/health-safety/.

10) DATA PROTECTION

Personal information supplied by User(s) during the use of the Website is processed according to our Privacy Policy available at https://undersounds.in/privacy-policy. By using our Website, you consent to such processing and you warrant that the data provided by you is accurate.

11) CONTENT

11.1 All Content posted on the Website, such as blog posts or ratings, is provided for informational purposes only, with no assurance that such Content is true, correct, or accurate. The Content on our Website is for general information and entertainment only. 

11.2 Some of the Content on our Website is written, supplied, or provided to us by third parties and where that is the case, we are often unable to verify the accuracy of such information. You are advised to verify the accuracy of any information on our Website before relying on it.

12) THIRD PARTY LINKS

The Website may contain links to third-party websites as well as third party content, maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites and the Company hereby expressly disclaims any representations regarding any third party content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites and/or third party content, you do so at your own risk.

13) LICENSE GRANT

The Company, subject to these Terms and Conditions, provides the User a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Website (and other items displayed on the Website for download) only for purposes of using the Website in accordance with these Terms and Conditions. It is expressly prohibited, without the prior express permission from the Company, to use, reproduce, modify, distribute, or store any Content for purposes other than using the Website consistent with these Terms and Conditions. 

14) AUTHORISATION

By purchasing a Ticket via the Website and/or availing the Website Services, you hereby agree and consent to being photographed, filmed, or recorded by the Company, or any third party operating on behalf of the Company at the venue where the Website Services are being provided or at the immediate surroundings of the entrance to such venue. Furthermore, by using the Website and/or availing the Website Services, you hereby waive all rights in any Recorded Material made by the Company, or any third party operating on behalf of the Company. You hereby agree that the Company, or any third party operating on behalf of the Company may use such Recorded Material in any way they deem fit, without restriction, approval from, or recompense to you. 

15) DISCLAIMER OF WARRANTIES

1) User must acknowledge and agree that the Website Services are provided “as is” and “as available” and that the use of the Website and/or the Website Services shall be at the risk of the User. To the fullest extent permitted by applicable law, the Company, its affiliates, officers, directors, employees, and agents, disclaims warranties, express or implied, in connection with the Website and/or the Website Services and User’s use of them. To the fullest extent permitted by applicable law, the Company makes no warranties or representations that the Website Services have been or will be provided with due skill, care and diligence or about the accuracy or completeness of the Website Services and assume no responsibility for any:

15.1 errors, mistakes, or inaccuracies of Content;

15.2 personal injury of property damage, of any nature, whatsoever, resulting from User’s access to and use of the Website and/or the Website Services;

15.3 unauthorized access to or use of third party server being used by the Company and/or any and all personal information stored therein;

15.4 interruption or cessation of transmission to or from the Website;

15.5 bugs, viruses, Trojan horse, or the like which may be transmitted to or through the Website, through the action of a third party; 

15.6 loss of User’s data or Content from the Website; 

15.7 errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Website and/or Website Services;

15.8 material downloaded or otherwise obtained through the use of the Website or Website Services is done at User’s own discretion and risk and the User will be solely responsible for any damages to User’s computer system or other device or loss of data that results from the download of any such materials. The Company will not be a party to or in any way be responsible for monitoring any transaction between the User and third-party providers of services.

2) Each Event has certain standards and requirements that need to be met in order for the Event to take place, therefore policies and requirements are subject to change based on the specific details of each Event. These changes can take place at any time leading up to an Event and are subject to change without notice. Please make sure to visit the Event specific page for further detail.

3) The Company has no control over and does not guarantee the quality, availability, and delivery of any Website Service. You agree to take reasonable precautions in all communications and interactions with any person with whom you communicate or interact as a result of your use of the Website and/or the Website Services. 

4) Any claim, loss, cost, or expense (including legal fees), damage or other liability, as a result of any acts or omissions of any Customer, at the Venue, including damage or other harm relating to personal injury, food poisoning, intoxication, allergies, or any other kind of harm, shall not be the Company’s responsibility.

5) The use of the Website and/or Website Services is at the User’s sole risk. The Website is provided without warranty, representation, or guarantee of any kind whatsoever, either express or implied, including but not limited to, any warranties of title or accuracy or fitness for a particular purpose and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law.

6) The Company, its affiliates, officers, directors, employees, and agents do not warrant that: (i) the Website is or will be secure or available at any particular time, instance or location; (ii) any defects material or not, or errors will be corrected; (iii) any/all Content or software available at or through the Website is free of viruses or other harmful components; (iv) any/all information is complete, accurate, up-to-date, or reliable; (v) any particular Website  Service or Content is safe, appropriate, or effective for Users; and (vi) the Website and/or Website Services, will meet your requirements. 

16) LIMITATION OF LIABILITY

1) Except as required by applicable law, the Company, its affiliates, officers, directors, employees, and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:

16.1 errors, mistakes, or inaccuracies on the Website and/or Website Services;

16.2 personal injury or property damage resulting from your use of the Website Services;

16.3 any unauthorised use of the Website and/or Website Services;

16.4 any interruption or cessation of the Website and/or Website Services;

16.5 any viruses or malicious code transmitted to or through the Website; 

16.6 any Content, including your use of Content; and/or

16.7 the removal or unavailability of any Content.

This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.

2) In no event shall the Company, its affiliates, officers, directors, employees, and agents be responsible or liable with respect to any subject matter of these Terms and Conditions, for any amount that together with amount associated with all other claims, exceeds the Booking Amount paid by the User. 

17) INDEMNIFICATION 

17.1 The User agrees to indemnify, hold harmless and defend the Company, its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by the Company, arising as a result of or in connection with: (i) User’s unauthorized use of the Website and/or the Website Services; (iii) User’s access to Website and/or the Website Services ; (iv) User’s violation of any third party rights (v) User’s breach of these Terms and Conditions including but not limited to, any infringement by the User of the copyright or intellectual property rights of any third party.

17.2 The Company retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against the Company. The Company reserves the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to indemnify the Company and the User agrees to cooperate with the Company’s defence of these claims. The Company will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it. This defence and indemnification obligation will survive this Agreement and your use of the Website Services. 

18) INTELLECTUAL PROPERTY RIGHTS

It is understood and agreed by the User that the Company shall retain at all times all rights, title, and interests in the Website, technology, and intellectual property including, without limitation, trademarks, copyrights, trade secrets, domain, patents and other intellectual property rights with respect to any technology, software, system, ideas, trade secrets, market strategy, photographs, advertisements, written/printed material, music, lyrics, or any other work or thing owned, provided, or created by the Company for use by the Website pursuant to this Agreement. The Company’s retention of such rights, title and interest in its Website, technology, and intellectual property shall survive the termination of this Agreement.

19) GEOGRAPHIC RESTRICTIONS 

The owner of the Website is based in India. We make no claims that the Website or any of its content is accessible or appropriate outside India. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside India, you do so on your own initiative and are responsible for compliance with local laws.

20) GOVERNING LAW

The terms contained in these Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India. Any dispute which may arise between the Company and the User pertaining to the implementation or interpretation of these Terms and Conditions shall be amicably settled, failing which the courts in Lucknow, India shall have the exclusive authority to settle the same.

21) DISPUTE RESOLUTION 

All disputes arising out of or in relation to these Terms and Conditions, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Company and the User within thirty (30) days of being brought to their attention, will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If the Company and User are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein the Company and User shall each appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator. 
The venue/seat of arbitration shall be Lucknow, India and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either the Company or User notifies the other in writing to that effect. The decision of the arbitrator(s) will be final and binding on the Company and the User.

22) CUSTOMER FEEDBACK

You may at your sole discretion choose to submit comments, inputs, suggestions, ideas, or other feedback about the Website, including but not limited to, regarding the possible creation, modification, correction, improvement, or enhancement of the Website. By submitting any feedback, you acknowledge and accept that we are free to use such feedback in any way we choose without any compensation or notice to you, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the feedback for any purpose.

23) MISCELLANEOUS

23.1 NOTICE: Any notice or other communication provided for herein or given hereunder to the Company and/or the User shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) or e-mail to the Company’s address as mentioned in these Terms and Conditions and to the address of the User as provided to us by the User in writing at the time of availing the Website services. Any change in the email address shall immediately be updated by the User, failing which, any notice sent to the User on the pre-existing email address shall be deemed to be a notice duly served to the User.

23.2 SUCCESSORS AND ASSIGNS: These Terms and Conditions shall be binding on and inure to the benefit of the Parties and their respective heirs, legal or personal representatives, successors, and assigns.

23.3 CONFIDENTIALITY: Any communication made by the User(s) to the Company via or on the Website is confidential. However, your communication may be recorded to ensure quality of service. Further, for training purpose, calls from and to the Company may be monitored and recorded.

23.4 FORCE MAJEURE: The Company shall not be liable for any failure or delay in performance of these Terms and Conditions, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to internet failures, computer, telecommunications or any other equipment failures, electrical power failures, acts of God, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labour activity, or strike, court order or any other cause outside our exclusive and direct control.

23.5 ENTIRE AGREEMENT: These Terms and Conditions along with other documents as and when updated on the Website or sent directly to the User, shall constitute the entire agreement between the Parties, relating to the subject matter contained in these Terms and Conditions and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties, whether oral, written or otherwise.

23.6 SEVERABILITY: Any provision of these Terms and Conditions will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this these Terms and Conditions is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but these Terms and Conditions will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

23.7 SURVIVABILITY: All clauses that logically ought to survive the termination of these Terms and Conditions shall survive.

23.8 HEADINGS: Headings used in these Terms and Conditions are provided for convenience only and shall not be used to construe meaning or intent.

23.9 AFFIRMATION: The User affirms that they have entered into this Agreement freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in these Terms and Conditions and have read and understood these Terms and Conditions.

23.10 GENDER AND PLURALS: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.

23.11 COUNTERPARTS: These Terms and Conditions may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. 

23.12 CONTACT US: If you have any queries regarding these Terms and Conditions, feel free to contact us at support@undersounds.in.

You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.