TERMS OF USE
LAST UPDATED ON: 07 April 2022
These Terms of Use (“Terms of Use” or “Agreement”) is made and entered into by and between Undersounds Entertainment Pvt Ltd. (“Company”, “we”, “us”, or “our”), 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, and any person (“User”, “your” or “you”) who accesses and uses https://undersounds.in/ (the “Website”) by checking a box agreeing to all the terms and conditions, agrees to this Terms of Use.
You are required to read and accept these Terms of Use before you may use the Website. By visiting, accessing and/or using the Website, we understand that you have fully read, understood, and accepted these Terms of Use. 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 Privacy Policy and Refund and Cancellation Policy carefully, which may be found at and which is incorporated by reference into these Terms of Use. If you do not agree with these Terms of Use, you must stop using or accessing the Website immediately. Failure to use our Website in accordance with these Terms of Use may subject you to civil and criminal penalties
You hereby acknowledge and admit that you have read, understood and accepted to be bound by these Terms of Use, 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.
The Company and the User are each hereinafter referred to as “Party” and collectively as “Parties”.
1) SCOPE OF THE COMPANY’S WEBSITE SERVICES
1.1 Through the Website, 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.
1.2 The Company merely provides a Website for Users to make use of its services. All transactions shall be the responsibility of the Users only. This Agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between the
1.3 To the extent you access the Website through any device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Website, you agree that we may communicate with you regarding the Website services by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Website by push notifications, reminders and alerts for the purpose of providing our Website services and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any prior information regarding such change except as published on the Website.
2) WEBSITE ACCESS, LICENSE AND OTHER CONDITIONS
2.1 Subject to these Terms of Use, you may access and use the Website and any other software that may be made available by Company in connection with the Website services or any other application(s) and it may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You hereby acknowledge and agree that the Company, in its discretion, at any time during the use of the Website may choose to not provide any part of the Website. All rights, title and interest in and to the Website and its components will remain with and belong exclusively to the Company. You shall comply with the notices, code of conduct and policies of the Company published in connection with the use of the Website and the Website services, and you shall promptly notify the Company if you become aware of a security breach, or a potential security breach related to the Website.
2.2 Company reserves the right to discontinue or modify any portion of these Terms of Use as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read these Terms of Use from time to time in order to stay informed about any such changes. If we modify our terms and conditions and you continue to use the Website, you are impliedly agreeing to the modified terms and conditions. Any deletion or modification to our terms and conditions shall be effective immediately upon Company’s posting thereof. These Terms of Use, as modified or amended from time to time, is a binding contract between the Company and you. If you visit the Website or use the Website and/or the Website services, you accept these Terms of Use.
2.3 The Website is freely accessible to the User(s) however, the User(s) can either register with us or access the Website as a guest User to avail the Website services.
2.4 Our Website services are available only to those Users who can form legally binding contracts under the applicable law, therefore, User(s) must not be a minor as per the applicable law. Company advises its User(s) that while accessing the Website, they must follow/abide by the applicable laws.
2.5 These Terms of Use apply to User(s) whether the User(s) are visitors or registered Users, free or paid User(s) who access the Website and avail the Website services online or otherwise for any purpose in accordance with these Terms of Use along with any additional terms and condition that may be applicable to the specific service used/accessed by the User(s). In the event of conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of a particular Website service, the provisions of the terms and conditions applicable to such specific service shall prevail.
3) INTELLECTUAL PROPERTY RIGHTS
3.1 Company is the sole owner and/or lawful licensee of all the rights to the Website’s intellectual property. The Website’s intellectual property shall mean, not limited to, its design, layout, text, images, graphics, sound, video etc. The Website embodies trade secrets and intellectual property rights protected under copyright, trademark and other laws of India.
3.2 All rights not otherwise claimed under this Agreement or by the Company, are hereby reserved. The information provided on the Website is intended, solely to provide general information for the personal use of the User, who accepts full responsibility for its use. The Company does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from the Website or otherwise, the quality of any Website service, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in connection with the Website and/or the Website services.
3.3 While we do our best to provide our Users with the best and most reliable information, we accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information on the Website is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of such information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to its Website and/or Website services.
3.4 Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Website.
3.5 Company respects the intellectual property rights of others, and we expect our User(s) to do the same. We believe that User(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, or databases available on or through the Website for the purpose of re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with the Company.
3.6 As a condition of your access to and use of the Website, you agree that you will not use the Website to infringe the intellectual property rights of others in any way. Company reserves the right to terminate the Website services being provided to a User(s) upon any infringement of the rights of others in conjunction with use of the Website, or if Company believes that User(s) conduct is harmful to the interests of Company, its affiliates, or other users, or for any other reason in Company’s sole discretion, with or without cause.
4) LINKS TO THIRD PARTY WEBSITES
Links to third party websites may be provided by the Company as a convenience to User(s), you are cautioned to read such websites’ terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such websites. The Company has no control over such third-party website, does not monitor such websites, and the Company shall not be responsible or liable to anyone for such third party website, or any content, products or services made available on such a website.
5) TERMINATION
Most of the features of the Website are made available to Users, free of charge. However, the Company reserves the right to terminate access to certain areas or features of the Website to any and all its Users whether paying or registered, at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular Users to any and/or all of its Website services without any prior notice/explanation in order to protect the interests of the Company and/or other Users. The Company reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
6) ACCOUNT REGISTRATION FOR USER(S)
6.1 User(s) can become a registered User(s) by creating an account on the Website, by filling an online registration form on the Website by giving information including but not limited to name, contact information or by using third-party accounts (e.g., Gmail, Facebook, etc.). The Company may refuse the registration to any User for any reason whatsoever. Company may suspend or terminate an account on the Website at any time without any prior notification or giving any reason thereof. A User(s) who has an account is not a part or affiliate of the Company in any way.
6.2 By creating an account on the Website, you consent to the inclusion of your personal data in our online database and authorize the Company to share such information with other User(s) and/or third parties, wherever necessary. You consent to be contacted by the Company through phone calls, text messages, notifications, or any other means of communication, in respect to the Website services.
7) DATA PROTECTION
Personal information supplied by User(s) during the use of the Website is governed by our Privacy Policy.
8) DISCLAIMER
The Website services are provided on an “as is” and “as available” basis, and the Company hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of quality, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings, and terms are hereby excluded. The Company makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, and completeness of any information provided on or through the Website. Any material downloaded or otherwise obtained through the Website is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from Website or through the Website shall create any warranty not expressly stated herein.
9) LIMITATION OF LIABILITY
The Company shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages.
10) GOVERNING LAW
The terms contained in this Agreement 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 this Agreement shall be amicably settled, failing which the courts in Lucknow, India shall have the exclusive authority to settle the same.
11) DISPUTE RESOLUTION
11.1 All disputes arising out of or in relation to this Agreement, 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.
11.2 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.
12) WAIVER
12.1 The User hereby, with this reference, waives their right to take legal action against Company, including without limitation, its representatives, licensees, marketers, and any other related parties for the breach of any of these Terms of Use. Notwithstanding the foregoing, the User shall in no way have deemed to have waived their right to any legal action resulting from any material breach of these Terms of Use and/or any obligations mentioned within this Agreement for which they ought to have a legal remedy under appropriate law.
12.2 Company’s failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives Company’s right to act with respect with subsequent or similar breaches.
13) MISCELLANEOUS
13.1 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 this Agreement 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.
13.2 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, legal or personal representatives, successors, and assigns.
13.3 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 and to ensure excellent customer service, calls from and to the Company may be monitored and recorded.
13.4 FORCE MAJEURE: The Company shall not be liable for any failure or delay in performance of this Agreement, 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, labor activity, or strike, court order or any other cause outside our exclusive and direct control.
13.5 ENTIRE AGREEMENT: This Agreement 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 this Agreement and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties, whether oral, written or otherwise.
13.6 SEVERABILITY: Any provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement 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 this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
13.7 SURVIVABILITY: All clauses that logically ought to survive the termination of this Agreement shall survive.
13.8 HEADINGS: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
13.9 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 this Agreement and have read and understood the terms and conditions contained in this Agreement.
13.10 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.
13.11 USER 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.
13.12 COUNTERPARTS: This Agreement 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.
13.13 ELECTRONIC SIGNATURES: For purposes of this Agreement, the use of a facsimile, email, or other electronic media shall have the same force and effect as an original signature.
13.14 CONTACT US: If you have any queries regarding these Terms of Use, feel free to contact the Company at support@undersounds.in.
