Terms of Use
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER.
THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS PLATFORM.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs Call Of Artist‟s relationship with you in relation to this website.
The term ‘Call Of Artist’ or ‘us’ or ‘we’ or „Company‟ refers to the owner of the website. The term ‘you’ or „user‟ refers to the user or viewer of our website.
The Platform is currently owned, operated and controlled by CrackerJack Entertainment (OPC) Private Limited, a company incorporated under the Companies Act, 2013. By viewing, installing, downloading or even merely visiting or accessing any part of the Platform or utilising any services offered on the Platform the Terms of Use described below
incorporatethe Privacy Policy and apply to all Users of the Platform .
ACCEPTANCE OF TERMS OF USE:
User acknowledge and understand that the Platform serves as an online marketplace where the company offers to sell their respective products to registered users of the Platform and by using, visiting, registering and/or otherwise accessing the Platform and by confirming that you have read the Terms of Use, you hereby certify that:
(i) You have the authority to enter into these Terms of Use (ii) you agree to be bound
by the Terms of Use and any other documents incorporated herein.
(ii) You are of legal age to form a binding contract and are not a person barred from
receiving services under the laws of any applicable jurisdiction in which the
Company conducts business.
IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
USER ELIGIBILITY:
(i) User(s) represent and warrant that they have the right to access or use the
Platform. Persons who are “incompetent to contract” within the meaning of the
Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not
eligible to access and use the Platform.
(ii) The Platform can be accessed and used by those individuals or business entities,
including sole proprietorship firms, companies and partnerships, which can form
legally binding contracts under Indian Contract Act, 1872. Only individuals who
are eighteen (18) years of age or older may use the Platform and avail Services.
The Company reserves the right to terminate the Users account and / or deny
access to the Platform if it is brought to the Company‟s notice or if is discovered
that the User does not meet the conditions herein.
ACCOUNT REGISTRATION
(i) Users may access the Platform by registering to create an account and become a
member. The membership is limited for the purpose of purchasing products,
and is subject to these Terms, and strictly not transferable.
(ii) As part of The Company’s registration process, User will select a username and
password and be asked to submit, among other things, User email address,
telephone number and other contact details. User may also create an account or
login using your social networking pages such as Facebook and Google. By
logging in and creating an account through these social networking sites, User
allows the Company access to User‟s public profile, friend lists, likes and other
activities that may determine social behaviour. User will also have to provide
additional optional information to the Company for providing User with a more
customized experience when using the Platform.
(iii) Users agrees and warrant that all information provided to the Company for
purposes of creating a user account (the “User Information”) will be true, accurate,
current and complete and to update such information to keep it accurate, current
and complete. User‟s failure to provide such information will constitute a breach
of these Terms of Service and may result in the immediate termination of User‟s
account. All information about User including User Information, any information
obtained by the Company as a result of User‟s use of the Websites, and any
information stored or transmitted in any way on or through the use of
the Platform is subject to the Company’s Privacy Policy, which can be found here.
The Company’s Privacy Policy is incorporated into these terms of use by this
reference.
(iv) User understands that he/she may not
• select or use a name of another person with the intent to impersonate that person;
• use the rights of any person without authorization; or
• use a name that the Company, in its sole discretion, deems inappropriate.
User agrees that any information that User provides to the Platform, including but
not limited to User Information, shall be true and accurate and current, and User is
responsible for updating such information to keep it true, accurate and current. If
User creates a user account with the Platform, User accepts responsibility for all
activities that occur under User‟s account or password and User agrees that the
User will not sell, transfer or assign his/her account. User is responsible for
maintaining the confidentiality of User‟s password, if any, and for restricting
access to User‟s computer so that others may not access any password-protected
portion of the Platform using User‟s name, user name or password in whole or in
part.
- Each user name permits one person to access the password-protected portion of
the Platform and User shall not share the user name and password with any third
party. User shall be solely responsible for any and all use of the Platform,
including without limitation, any and all charges incurred by a third party, under
or using User‟s user name and password. If at any time, User suspects that User‟s
password has been compromised, User shall promptly notify the Company of the
same at legal@CallOfArtist.com and confirm such notice in writing. Upon
receiving such telephonic and written notice, the Company will assign a new
password to User without charge. - User agrees that any unauthorized use of the Platform, (or any Content derived
therefrom) by User or by anyone using User‟s user name or password may result
in immediate suspension or termination of User‟s user account by the Company,
in its sole and absolute discretion, without refund of any pre-paid fees. The
Company reserves the right to terminate or suspend User‟s account ,User‟s access,
to and use of the Platform in the event that the information provided by the User
during the registration process or thereafter proves to be inaccurate, not current or
incomplete; and/or if the Users are found to be non-compliant with the Terms,
Policies and/or the Privacy Policy as the case may be. In the event of such
termination, User will continue to be liable for applicable fees for the period prior
to termination, together with such other remedies as to which the Company may
be entitled.
(v) The Users are required to enter a valid phone number while registering on the
Company‟s Platforms. By registering their phone numbers with the Company, the
Users consent to be contacted by the Company via phone calls, SMS notificationsor instant
messages, in case of verifications and in case of subscription/service/promotional updates.
The Users may opt of subscription/service/promotional updates.
(vi) Upon registration, the Users may be required to complete a verification process as
part of setting up their accounts.
(vii) It is the responsibility of the Users to provide correct mobile number so that the
Company can communicate with the Users via SMS. The Users understand and
agrees that if the Company sends an SMS but the User do not receive it because
the his/her mobile number is incorrect or out of date or blocked by the Users;
service provider, or the User is otherwise unable to receive SMS, the Company
shall be deemed to have provided the communication to the User effectively.
(viii) Notwithstanding anything to the contrary herein, the User acknowledge and agree
that they shall have no ownership or other property interest in their account, and
further acknowledge and agree that all rights in and to their account are and shall
forever be owned by and inure to the benefit of the Company. However, any and
every activity undertaken by a User under his/her account shall be the sole
responsibility of such User and the Company shall not be liable for such activity
in any manner.
MODIFICATION OF TERMS OF USE:
The Company reserves the right to change these Terms of Use and or the
Agreement at its sole discretion and at any time without personal notice to the
User. If the Company makes a material change to these Terms of Use and or the
Agreement it will update this page and post a notice on the Platform for a
reasonable period of time, and will indicate the effective date of the changes at the
top of both pages. It is the User‟s responsibility to review these Terms of Use for
any changes, and User‟s access or use of the Platform after any changes made in
the said Terms of Use constitutes User‟s acceptance of and agreement to be bound
by all changes. If User do not agree to be bound by the changes, User must
immediately stop using the Platform. Any amendments to these Terms of Use
shall apply prospectively from the date on which it is made or added to the Terms
of Use and or Agreement.
USE OF THE PLATFORM BY THE BUYER:
(i) The Users understands that any order that they place shall be subject to the terms
and conditions set out in these Terms.
(ii) The Users agree to provide current, complete and accurate purchase and account
information for all purchases made at on the Platform. The Company endeavors to
promptly update the Users account and other information, including email addresses and
credit card numbers and expiration dates, so that the Company can complete the
transactions.
(iii) In connection with any order, information such as name, billing address and credit
card information will have to be provided either to the Company or the third party
payment processor. If the Users are directed to the third party payment processor,
they may be subject to terms and conditions governing use of that third party‟s
service and that third party‟s personal information collection practices. Users are
requested to review such terms and conditions and privacy policy before using the
Platform.
(iv) The User understands that all the discounts and offers offered by the Company can
be subject to any other terms in addition to these terms & conditions.
RESTRICTIONS ON USE
Platform is provided for lawful purposes only. By accessing or using the platform,
User agrees and warrant that in connection with his/her use of the Platform User
will not:
• Manipulate the Platform in any way not intended and directed by the
Company.
• Copy or seek to copy or “rip” any content from the Platform.
• Exploit any part of the Platform for commercial gain or undertake any
commercial activity utilizing the contents of the Platform in any way not
intended and directed by the Company without the prior written consent of the
Company.
• Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise
communicate to the public:
Any material that is false, unlawful, threatening, disparaging, abusive,
libelous, defamatory, obscene, vulgar, offensive, pornographic,
profane, racist, sexually explicit, ethnically or culturally offensive,
indecent, harassing, or that promotes violence, racial hatred, terrorism,
or illegal acts, or anything that in The Company’s sole discretion is
otherwise objectionable information, software, content or other
material that violates, plagiarizes, misappropriates or infringes the
rights of third parties including, without limitation, copyright,
trademark, patent, trade secret, rights of privacy or publicity,
confidential information or any other proprietary right; or
Material of any kind that restricts or inhibits any other user’s
uninhibited use and enjoyment of the Platform or interferes with,
overburdens, impairs or disrupts the Platform, including material that
contains a virus, Trojan horse, time bomb, worm, spyware, adware,
malware, bot, any automated system, such as scripts, or any other
harmful component; or
Use or attempt to use another person’s information, account,
password,service or system except as expressly permitted; or
Impersonate another person or entity; or
Engage in any conduct that in the Company‟s sole discretion restricts
the ability of any other person to enjoy the use of the Platform; or
Solicit or collect personal data including telephone numbers, addresses,
last names, email addresses, or any other kind of information about
Users except unless provided by the User to another.
directly or indirectly, offers, attempts to offer, trades or attempts to
trade in any item, the dealing of which is prohibited or restricted in any
manner under the provisions of any applicable law, rule, regulation or
guideline for the time being in force
violates any law for the time being in force;
DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY:
The Company endeavors to make the Platform available during the Company‟s
working hours. However, the Company does not represent that access to the Platform
will be uninterrupted, timely, error free, free of viruses or other harmful components or
that such defects will be corrected.
The Company does not warrant that the Platform will be compatible with all hardware
and software which is used by the Users. The Company shall not be liable for damage
to, or viruses or other code that may affect, any equipment, software, data or other
property as a result of downloading, installing and or accessing the Platform.
The Company does not represent or warrant that the information available on the
Platform will be correct, accurate or otherwise reliable.
The Company does not make any representation or warranty as to the item-specifics
(such as legal title, creditworthiness, identity, etc) of any of its Users.
The Company shall not be liable for any misuse of the information shared by the Users
with it; or through the Users profile; or with a third party on the Platform, chat rooms,
forums, or comments.
The Platform may be under constant upgrades, and some functions and features may
not be fully operational.
The Platform is provided on an “as is” and “as available” basis. The Company expressly
disclaims all warranties of any kind, whether express or implied with respect to the
records and other data that is made available by it to the Users.
The Company makes no representation or warranty that: (i) the Platform will be
accurate or reliable; (ii) the Platform will be uninterrupted, timely, secure, or error-free;
(iii) any information that may be obtained from the use of the Platform will be accurate,
timely or complete; or (iv) any errors in any software used on the site or in connection
with the Platform will be corrected.
The Company reserves the right in its sole discretion to remove any
material/content/photos/offers displayed on the Platform which in the Company‟s
reasonable belief is unlawful or could subject the Company to liability or is in violation
of these Terms or is otherwise found inappropriate in the Company‟s opinion. The
Company reserves the right to cooperate with any investigation in this regard.
The Company reserves the right to suspend or terminate the account of a User as
deemed appropriate by it. Users agree that the Company shall have no liability to any
Users, including liability in respect of consequential or any other damages, in the event
the Company takes any of the actions mentioned in this clause.
The Company is not responsible and will have no liability for: (i) any content or
products provided by any persons or entities other than the Company; or (ii) the failures
of the internet or any data or telecommunications equipment, system or network used
in connection with the Platform.
The Company shall not be liable for: any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including, without
limitation any financial losses, loss of data, replacement costs, or any similar damages,
whether based in contract, tort, strict liability or otherwise, arising from the use of the
Platform, or for any other claim related in any way to the use of the Platform, including,
but not limited to, any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of the Platform or any content posted, transmitted,
or otherwise made available via the Platform, even if advised of their possibility.
The Company or its employees, affiliates, authors or agents shall not be liable to any
party for any losses or injury arising out of or relating to the information provided on
the Platform. In no event will the Company or its employees, affiliates, authors or
agents be liable to the Users or any third party for any decision made or action taken by
the Users.
Interlia, the Company does not guarantee that:
o The Platform will meet the Users‟ expectations; or
o The Platform will be accessible without interruption or in a timely, reliable, or faultfree manner; or
o The results obtained through use of the Platform will be correct and reliable; or
o The quality of the products, services, information, or other material purchased or
obtained by the User through the Platform will meet the User‟s expectations.
No guidance or information, written or oral, obtained from the Company or via the
Platform, shall constitute any warranty, unless stated otherwise.
LOSSES:-
The Company will not be responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or
consequential loss that is not reasonably foreseeable to both the User and the Company when
the User commenced using the Platform.
Warranty:
Mobile handsets & chargers are warranted for a period defined by the respective manufactures
agents defect in material & workmanship. Company is not giving the warranty and does not
hold out any warranty on products sold.
The Company will not be responsible for any defective/deficient or otherwise unsatisfactory
products any such defective or deficient goods has to be repaired only by authorized service
center of the equipment manufacturer.
All the terms and conditions of the Company apply, subject to Gujarat. Goods once sold cannot
be returned or exchanged.
EVENTS BEYOND COMPANY’S REASONABLE CONTROL:-
The Company will not be held responsible for any delay or failure to comply with our
obligations under these conditions if the delay or failure arises from any cause which is
beyond our reasonable control. This condition does not affect Users statutory rights.
PROPRIETARY RIGHTS:
The Company owns, operates, licenses, controls, and provides access to the Platform.
User acknowledges and agree that the Company and its licensors, retain all right, title
and interest in and to all past, present and future Content, (excluding User Provided
Content, i.e., materials, photographs, portfolios that Users uploads on the Platform),
applications, software, content and materials provided on or through the Platform
(including, without limitation, the audio-visual works, text, images, photographs,
videos, graphics, page headers, editorial and contextual information, the selection and
arrangement of elements displayed on or through the Platform the compilation of all
content and materials on the Platform and the business process, procedures, methods
and techniques used in the Platform) and all associated copyright rights, trademark
rights, trade secret rights and other intellectual property and proprietary rights
recognized anywhere in the world.
“Call Of Artist” logo is a registered trademarks of Call Of Artist., and all other
proprietarytrademarks, service marks, trade names, trade dress, slogans, logos, and
other indicia of origin that appear on or in connection with the Platform are the
property of the Company unless otherwise noted and are protected by applicable
copyright, trademark, intellectual property and other laws. The Company‟s
intellectual property,including, without limitation, its trademarks and trade dress,
may not be used in any manner that is likely to cause confusion among users, or in
any manner that disparages the Company and/or its name, image and goodwill.
All third-party trademarks, logos, photographs, images, audio and audio- visual
content, programming, excluding other intellectual property contained on or within
the Platform are the property of the respective third parties, including the respective
content owners, and may be protected by applicable copyright, trademark or other
intellectual property laws. Each such third party expressly reserves all rights into such
intellectual property. Use of third party software or services is subject to the terms and
conditions of the applicable third party license agreements, and the User agrees to
look solely to the applicable third party and not to the Company to enforce any of
User‟s rights in relation thereto. Except as expressly set forth in these Terms of Use or
otherwise expressly granted to User in writing by the Company, no rights (either by
implication, estoppel or otherwise) in or to the Platform or their contents are granted
to User.
ACCURACY, COMPLETENESS AND TIMLINESS OF INFORMATION:
The Company is not responsible for any inaccuracy, incompleteness or outdated
information made available on the Platform, either provided by the Users or
otherwise. The material on the Platform is provided for general information only and
should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or timelier sources of information.
The Users agree that the Company does not own any responsibility or obligation
whatsoever towards either ensuring the accuracy of the information provided by the
Users. Any reliance on the material on the Platform is at the Users own risk.
The Platform may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. The Company
reserves the right to modify the contents of the Platform at any time, but has no
obligation to update any information on the Platform. The Users agree that it is their
responsibility to monitor changes to the Platform.
Occasionally there may be information on the Platform that contains typographical
errors, inaccuracies or omissions that may relate to information pertaining to the
products, pricing, promotions, offers, shipping charges, transit times and availability.
The Company reserves the right to correct any errors, inaccuracies or omissions, and
to change or update information if any information on the Platform is inaccurate at
any time without prior notice.
The Company undertakes no obligation to update, amend or clarify information in the
Platform, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied to the Platform, should be taken to
indicate that all information on the Platform or pertaining to the Services have been
modified or updated.
PRIVACY:
Please review our Privacy Policy, which also governs Users visit to the Platform, to
understand the Company‟s practices. The personal information / data provided by the
User during the course of usage of the Platform will be treated as strictly confidential
and in accordance with the Privacy Notice and applicable laws and regulations. If you
object to your information being transferred or used, please do not use the Platform.
THIRD PARTY LINKS:
Certain content or products available via the Platform may include materialsfrom thirdparties.
Where the Platform contains hyperlinks to websites operated by third parties these
linked websites are not under the control of the Company and the Company is not
responsible for the contents of any linked website. The Company provides these
hyperlinks to User for convenience only and the inclusion of any link does not imply
any endorsement of the linked website by the Company. Using the link to any such
website is entirely at User‟s own risk.
The Company does not:
o (a) Make any warranty, express or implied, with respect to the use of the links
provided on, or to, the Platform;
o (b) Guarantee the accuracy, completeness, usefulness or adequacy of any other
website, services, goods or advertisements that may be linked to the Platform; or
o (c) Make any endorsement, express or implied, of any other websites, services, goods
or advertisements that may be linked to the Platform.
The Platform may also contain third party advertisements which contain embedded
hyperlinks to websites operated by third parties. All third party advertising is paid for by
the relevant third party advertiser, which User can accept by linking to the third party
advertisers and are not recommendations or endorsements by the Company. Thethird
party advertiser is solely responsible for any representations or offers made by itand for
the delivery of goods or services User agrees to purchase from the third party website.
The Company is also not responsible for the reliability or continued availability of the
telephone lines, wireless services, communications media and equipment User use to
access the Platform.
User understands that the Company and/or third party contributors to the Platform
may choose at any time to inhibit or prohibit their content from being accessed under
the Terms of Use.
Please review carefully the third-party‟s policies and practices and make sure to
understand them before engaging in any transactions. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
OPTIONAL TOOLS:
The Company may provide User with access to third-party tools over which Company
neither monitors nor has any control nor input.
The Users acknowledge and agree that access to such tools is in an “as is” and “as
available” basis, without any warranties, representations or conditions of any kind and
without any endorsement. The Company shall have no liability whatsoever arising from
or relating to User‟s use of optional third-party tools.
Any use by the User of the optional tools offered through the Platform is entirely at
their own risk and discretion and it is the responsibility of the Users that they ensure
that they are familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).
The Company may also, in the future, offer new features through the Platform
(including, the release of new tools and resources). Such new features shall also be
subject to these Terms of Service.
SECURITY COMPONENTS:
The Users understand that the Platform and software embodied within the Platform may
include security components that permit digital materials to be protected, and that use
of these materials is subject to usage rules set by the Company or other parties that
facilitate the same. The User agree that they will not attempt to override, disable,
circumvent or otherwise interfere with any such security components and usage rules
embedded in the Platform.
FORCE MAJEURE:
The Company shall not be liable for any damages whatsoever arising out of force
majeure or other similar circumstances, directly or indirectly affecting the Company
and/or the Platform. Examples of force majeure events include without limitation real
or potential labour disputes, governmental actions, war or threat of war, sabotage, civil
unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or
limitations of materials or resources, inability to obtain the relevant authorization,
accident, and defect in electricity or telecommunication network. Force majeure or
other events beyond the Company‟s control. Hindrance, delay or complication in the
maintenance of the Platform entitles the Company to suspend or limit the Platform until
further notice.
EQUIPMENT AND INTERNET ACCESS:
User understand and agree that User is responsible for providing all telephone,
modem, Internet connection, intranet connection, extranet connection and other
equipment necessary for you to access the platform. Users are solely responsible for
and shall bear the costs of any such equipment and any fees or charges incurred to
access the Platform through an Internet access provider or other third-party service,
including any applicable taxes
TERMS OF USE GOVERNS:
It is understood and agreed by and between the parties that if there is any conflict
between the Agreement and any other document not signed by the Company, these
Terms and conditions will govern
MODIFICATION OR TERMINATION OF THE PLATFORM:
The Company reserves the right at any time and from time to time to modify,
discontinue, temporarily or permanently the Platform or any part thereof, with or
without notice and in its sole discretion. The User agree that the Company shall not be
liable to him/her or to any third party for any modification, suspension or
discontinuance of its Services. User hereby acknowledge that the Company, in its sole
and absolute discretion, has the right to delete, terminate or deactivate his/her account,
block his/her email or IP address or otherwise terminate the User‟s access to or
participation in the use of the Platform, or remove or guard any content on the
website, immediately and without notice for any reason, including without limitation,
account inactivity, or if the Company has the reason to believe that the User have
violated any provision of the Agreement. Upon termination of User‟s Account, his/her
right to participate in the Platform, including but not limited to, to offer or avail of
Services shall automatically terminate. In the event of termination, User‟s account
will be disabled and he/she may not be granted access to his or her Account or any
files or other data contained therein. Notwithstanding the above, residual data may
remain in and with the Company system. Upon Termination of User‟s account, all
licenses granted to the User hereunder, will immediately terminate and the User shall
promptly destroy all copies of the Company‟s data, marks and other content in his/her
possession or control
WAIVER:
The failure of the Company to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision.
EXCLUSIVE REMEDY:
The Company, its Directors, Officers, Employees, Agents, Representatives, Members,
Joint Ventures, Licensors, Suppliers, Vendors, Distributors, Advertisers and other
Contracting Parties, shall not Be liable to the User for any claims arising from or
related to the Agreement, the Privacy policy or User‟s use of the Platform or any
content, whether in Contract, Tort, Strict Liability or otherwise, or for any actual,
incidental, indirect or consequential loss or damage. Howsoever, caused, provided
that nothing herein will be interpreted so as to limit or exclude any liability which
may not be excluded or limited by law. To the maximum extent permissible under
applicable law, the aggregate liability of the Company and its Directors, Officers,
Employees, Agents, representatives, members, joint ventures, Licensors, Suppliers,
Vendors, Distributors, Advertisers and other contracting parties, or any of them, to the
User or any third party in any circumstance shall be limited to and in no event exceed an
amount equal to the amount User paid to the Company for paid services in the 12
months immediately preceding the event giving rise to such claim. User specifically
acknowledge that the Company shall not be liable for User‟s submissions or the
defamatory, offensive, or illegal conduct of any third party and that the risk of harm or
damage from the foregoing rests entirely with the User.
INDEMNIFICATION:
User agrees to indemnify, defend and hold harmless Call Of Artistand our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys‟ fees, made by any third-party
due to or arising out of User‟s breach of these Terms of Service or the documents they
incorporate by reference, or User‟s violation of any law or the rights of a third-party.
SEVERABILITY:
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not affect
the validity and enforceability of any other remaining provisions.
TERMINATION:
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either User or the
Company. User may terminate these Terms of Service at any time by notifying us that
User no longer wishes to use the Company‟s Services, or when User cease using the
Platform.
If in the Company‟s sole judgment User fails, or the Company suspects that the User
have failed, to comply with any term or provision of these Terms of Service, The
Company also may terminate this agreement at any time without notice and the User
will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny the User access to the Services (or any part thereof).
ENTIRE AGREEMENT:
The failure of the Company to exercise or enforce any right or provision of these
Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by the
Company on the Platform or in respect to The Service constitutes the entire agreement
and understanding between the User and the Company and governs User‟s use of the
Service, superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between the User and the Company (including, but
not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
GOVERNING LAW:
User‟s rights and obligations, and all matters contemplated by these Terms &
Conditions shall be governed by the laws of India and the courts at Gujarat shall
have exclusive jurisdiction with respect to any claims or matters arising out of or in
relation to the terms and conditions herein.
POLICIES:
Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated
in the Platform from time to time. The Company holdsthe right to change these policies
as required in the Platform without any permission from the Users.
NOTICES:
All notices or demandsto or upon the Company shall be in writing and shall be deemed
to be duly made when sent to the Company‟s registered address.
All notices or demands to or upon a User(s) shall be effective if either delivered
personally, sent by courier, certified mail, by facsimile or email to the last-known
correspondence, fax or email address provided by the User(s) on the Platform, or by
posting such notice or demand on an area of the Platform that is publicly accessible.
Notice to a User(s) shall be deemed to be received by such User(s) if and when the
Platform is able to demonstrate that communication, whether in physical or electronic
form, has been sent to such User(s), or immediately upon Platform‟s posting such
notice on an area of the Platform that is publicly accessible.
MISCELLANEOUS:
Headings for any section of these Terms are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section.
The Company shall have the right to assign its obligations and duties in these Terms to
any person or entity.
All calls to the Company are completely confidential. However, the Users‟ calls may
be recorded to ensure quality of service. Further, for training purpose and to ensure
excellent customer service, calls from the Company may be monitored and recorded.
Any complaints or concerns with regard to the Platform or any breach of these Terms
or Privacy Policy can be directed to the Company in writing at the Company‟s
registered address or through an email signed with electronic signature sent to
legal@Call Of Artist.com