Last Updated on 01/10/2021
In these terms, references to “you”, “user”, “yourself”, “your”, “client”, “your organization”, “your company”, “shall mean the end-user/customer accessing the website, its contents and using the services offered through the website.The terms, “we”, “us”, “our” shall mean a DANCE HOARD
These terms and conditions (“Terms”) govern the “Customers” or “Users” governs your access to and use of website (“Services“) and governs the relationship between the user and us.
This contract /letter is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulations made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of our service via website . This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872
- Who Are We & Our Services
The DANCE HOARDis a online Website which is the web product of Dance Hoard having registered office at Shop no. 4, Virgo Apartment, Murida, Fatorda, Goa.
The DANCE HOARDoffers you Online Dance training.
- User Eligibility
We offer our services only to eligible users and we solely depend upon the representations made by the users pertaining to eligibility to use our website. We hold sole discretion to block access, terminate or suspend your account in case of any false or misrepresentations. We do not bear the responsibility for the veracity of eligibility and information provided by the users andthe user warrants to provide complete, accurate updated, true information to us.
The user shall be eligible and competent under the Indian Contract Act 1872. The user below age 18 years, minors without parental/guardian control, unsound mind, insolvent, etc are not eligible to use our software. In Addition, the user using DANCE HOARDshall be authorised if accessing DANCE HOARDon behalf of a different person or entity. The user of the paid website of contract management may include individual or body corporate entity represented by its authorised employee’s directors and party to the contract whether individual or entity represented by its employees, directors and such other authorised signatories.
- Use Of Our Service
Licence to use –
Services &Its Permitted use –
DANCE HOARD offers following features to you –
View the dance videos –
DANCE HOARD offers the viewers /users the various to discover, watch and dance videos and tutorials upon creating an account and registering with us.We grant you a license to view dance videos and tutorials which are both free and paid upon purchase. We do not recommend you to physically perform the act, dances, steps shown in the videos unless perform at your own risks and with parental supervision and control. The user profile /account created with us upon registering is not viewable for public but is viewable by us for the purposes of identity.
Sharing of videos –
User Generated Contents–
We do not allow you to create, upload any videos or generate any contents on DANCE HOARDto be viewed by the public at large ,which is specifically prohibited unless specifically approved by us .
We offer various courses and curriculum for the viewers and learners to be selected by you at your sole discretion and judgement depending upon your level of dance whether beginner ,intermediate, or expert level.
- User Restrictions
By using this website, you represent and warrant that-
- All registration information you submit is true, accurate, complete and current.
- You will maintain accuracy and update the changes in the information from time to time.
- You are not under the age of 18 years old
- You will not use the website for any illegal, unlawful, unauthorised purposes or through such means.
- You will use the website for its intended and obvious use only .
- Your use of the website shall not violate any applicable laws.
- You will not use the Sites for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind.
- You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including any employee or agent of DANCE HOARD or any third party that provides services related to the Sites.
- The user shall not himself or permit any person to engage in the following activities:
- Copy or republish the API of DANCE HOARD
- Republish or redistribute any content
- Make the API available to any third party;
- Use or access the API Services for any purpose which is not agreed upon and mentioned in these terms between the User and DANCE HOARD
- Create derivative versions of the API Services provided by DANCE HOARD
- Extract, derive or attempt to extract or derive source code of the API provided by DANCE HOARD
- Use the API Services to create a related API or website ;
- Make any alteration to the Website, edit or otherwise modify any material on the website
- Conduct any load testing or security testing
- Show any material from the website in public
- Copy or republish the Website,
- Remove, modify or obscure any copyright, trademark or other proprietary notices contained in the website used to provide the Services or in the Documentation,
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website used to provide the Services, except and only to the extent such activity is expressly permitted by applicable law, or
- Copy, reproduce, aggregate, reproduce, republish, uploaded, posted, publicly display, encode, translate, transmit, distribute, sell, license, otherwise exploit the contents of the website for any commercial purpose without any express prior permission.
- Circumvent, disable, otherwise interfere with the security-related features of the website including features that prevent or restrict the use or copying of any content or enforce a limitation on the use of the information and the contents of our website.
- Engage in unauthorised framing of or linking to our website.
- The trick, defraud, mislead, us or other users of the website in an attempt to learn sensitive account information such as user password.
- Make improper use of support services or submit a false report
- Use the website to harass, abuse, harm any other user of DANCE HOARD or our employees, partners, affiliates etc.
- Copy or adapt sites website including Flash ,PHP,HTML,JAVA SCRIPT other codes .
- Transmit or upload any material that acts as a passive or active information collection or transmission mechanism.
- you agree that you will not use any robot, spider, other automatic devices, or manual process to monitor, scrape, or copy our Sites or the DANCE HOARD information contained therein, or conduct any photography at our premises without our permission. You will not access the website through automated or non-human means, whether via the bot, script, otherwise.
- You shall not host, display, upload, modify, publish, transmit, update or share any information that-
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
- In case any of the above uses are found, we reserve the right to terminate your access to DANCE HOARDwithout any liabilities.
- Acceptable Use Of Communication Services–
- The User shall agree to use the communication services only to post, send and receive messages or materials proper to and related to the particular communication service.
- All the data generated,received by users to be treated as confidential by the recipient of the data so generated by us
- You warrant –
- not to misuse our services or help anyone else to do so
- not to copy, upload, download, or share content unless you have the right to do so.
- not probe, scan or test the vulnerability of any system or network unless our permission is specifically taken to do so.
- not breach or otherwise circumvent any security or authentication measures or feature as is
- not access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been allowed to use
- not interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- not access, search or create fake accounts for the Services by any means other than our publicly supported interfaces
- not send unsolicited communications, promotions or advertisements, or spam;
- not send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- not promote or advertise products or services other than your own without appropriate authorization;
- not publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
- not advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
- not harass or abuse our personnel or representatives or agents performing services on behalf of us;
- not violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
- not violate the privacy or infringe the rights of others.
- Not reproduce, distribute, publicly display, or publicly perform the Service,make modifications to the Service; if are prohibited under applicable law from using the Service or any of the website feature, you may not use it.
- not use the Service on behalf of any third party, or in a service bureau or similar capacity.
- Your Responsibilities
You shall be responsible to maintain your account with userid and password, the confidentiality of your information and contents avoiding its disclosure to others to prevent unauthorised acts.
Mode -Our services and corresponding charges,packages,plans are provided on our Website. You will be offered services for which you have paid or as per the package selected by you.We do not provide any bank details on our Website, we have integrated DANCE HOARD with RazorPay
a payment gateway in a secured manner. However you acknowledge and agree to the risks associated with the payment transaction initiated on our website.
Terms – DANCE HOARD offers different subscription Paid Plans with multiple features in each:
- To learn more in detail visit our Pricing Page by clicking on “Buy Now” as provided for each video.
- The prices for each plan are subject to change from time to time and at our sole discretion.
- The discounts or reduced pricing shall not be offered for the same plan once purchased.
- All paid Plans are viewable on advance payment basis
- DANCE HOARD reserves the right to modify, change or update pricing plans depending upon the circumstances.
- You agree to provide current complete,accurate purchase and account information for all purchases made via our website.
Any pricing payments mentioned are referred in terms of currency of Indian i.e., INR or Indian Rupees.
- Refunds– The DANCE HOARDdoes not entertain any request or demand for a refund of fees paid towards a subscription to the services unless specifically permitted us by at our sole discretion.
- We reserve the right to refuse any order placed through our website and intimate you over the same.Even if we have already received payment from you, we reserve the right to correct errors s in the pricing displayed and inform you of the same within 2 days of the payment received.In case of such intimations sent by us to you, you shall be entitled to the initiate refund within 24 hours from such intimation.
- Cancellation Policy– No cancellation or non use of purchased services or purchased plan shall entitle you for the refund.
- Onboarding Process:
Once you successfully process the payment for using our website, The DANCE HOARDwill as soon as possible onboard you for the subscribed plans not later than 2 days for giving you access to the offers’ stated in the Plan purchased .
Health hazards –
Our websites ,services do not recommend you to do as directed in the videos ,work upon the as directed or displayed on our website although the intention of services render by us is advancement in the field of art and dance .Anything acted upon in pursuant to our website is at your own risks whether physical ,mental ,financial. We advice you to contact the medical practitioner before acting on our instructions ,videos to see its suitability to your health conditions and body type ,we do not advice on the, health benefits or compatibility of our services with your associated risks in performing the same .Any information displayed on the website ,dance moves,physical activity shown in the videos are for information basis only .You agree to hold us harmless against any risks associated with the acceptance of our services.
Any physical acts ,actions ,movies, words spoken ,music and lyrics played ,in the contents of the website are meant and intended as to be for information ,and knowledge purposes and not to imitate or characterise or offend anyone and so not represent our views and opinions .If you find any contents erroneous ,incorrect, false, untrue ,kindly contact us on details given below
Instructors /Mentors –
The dance instructors and mentors are not our employees, agents, partners or joint ventures, we do not intend to create any relations whether of partnership, principle- agent, joint ventures with the Tutors, DanceInstructors, mentorsbut are independent entities coming together with motive to enhance the dance skills amongst the users.Our website only offers the platform for Tutors, Dance Instructors, mentors to make the dance videos and tutorials available to our users. You as the user agree to hold us harmless against all the loss, claims,liabilities relating to the services, videos,communicationsoffered on the Dance Hoard.
The veracity of information –Although we strive to provide error-free information.We advise the users are advised to check the veracity of information and understand the risk before acting on the same.You agree not to hold us liable for any decisions based on content on DANCE HOARDin case of loss of data, revenue, profits, property whether monetary or not.
“as is” basis services – We strive to provide great Services, We do not make warranties, either express or implied, about the services or fitness for a particular purpose, and non-infringement.The services are provided “AS IS.”The user acknowledges and agrees that we shall not be made liable for any business loss,financial loss,goodwill loss,any other losses incurred upon d ealing with us or acted upon the information displayed by us or using any features of DANCE HOARDWe do not warrant that: Your use of the Services will be uninterrupted or error-free; and we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the Services may be subject to limitations, delays, error, misappropriations and other problems inherent in the use of DANCE HOARD
Business/Remote loss – The user acknowledges and agrees that the DANCE HOARDshall not be made liable for any business loss,financial loss,goodwill loss,any other losses incurred upon dealing with us or acted upon the information displayed by us on the website.
Perform of Services – The DANCE HOARDundertakes that the Services will be performed substantially in all material respects in accordance with the Service Description and with reasonable skill and care.
Software, Information & Payment update – We hold the sole discretion to update, modify, cancel, review, correct the information, features, services ,facilities,pricing provided on DANCE HOARDwithout any personal notice for the same to you. We also strive to review the information as available to its updated format from time to time as received from the sources at our discretion.
security breach – You agree to hold us harmless against any loss suffered due to software viruses,trozen, unauthorised security breach, not under our control or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Location of user – The use of information,services as provided on the website is not intended to be done at the location or country or region where it is prohibited or is contrary to the local laws.The user who choose to access the website,from whichever location shall take the responsibility of local laws applicable to his use of the website and be compliant.
Interruptions and errors – the DANCE HOARDdoes not warrant that: Your use of the Services will be uninterrupted or error-free; and is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the Services may be subject to limitations, delays, error, misappropriations and other problems inherent in the use of such communication facilities.
The User concedes to the fact that The DANCE HOARDhas no control over the transfer of data, including the web, and that the API service may be subject to limitations, delays, errors, misappropriations and other problems during the use of the services.
Neither The DANCE HOARDnor any of its permitted successors and assigns warrant or guarantee that the operation of the API service will be continuous, accurate, secure, and proper.
- Intellectual Property
All intellectual property rights including the right to use, ownership, transfer of interest, licence to use,right to apply to update etc pertaining to DANCE HOARD and its services lie with us exclusively without any interference of whatsoever nature.
The users, holding respective brands and trade names are not associated with DANCE HOARDand we do not claim title or possession over any services provided by the partners and service providers.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, The DANCE HOARDowns all Intellectual Property Rights to and into the website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not),goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks, functionality, software,website,design,audio,video,text photo,graphics,logos,trademarks,service marks, collectively called as content of the website and licensed under the laws of India
The user shall acknowledge and agree that it shall not use, reproduce or distribute any content from the website belonging to The DANCE HOARDwithout obtaining authorization from DANCE HOARD.
- The Logo of the User, clients partners, service providers may only be used for marketing and other promotional activities. No Logo may be used in any way that mischaracterises the relationship between DANCE HOARDand the User.
- Notwithstanding the foregoing, it shall be expressly clarified that the Userclients’ partners, service providers will retain ownership and shall solely be responsible for any content.
- The DANCE HOARDfurther reserves its right to terminate the account of the user who infringes the copyrights or other Intellectual Property Rights of The DANCE HOARDor others, The DANCE HOARDmay in its discretion, terminate or deny access to and use of the site. In the case of such termination, The DANCE HOARDwill have no obligation to provide a refund of any amounts previously paid to DANCE HOARD.
- All information, services, source code, API etc. displayed, transmitted, utilized with regards to the website is the property of the website.
- Any articles, information on blogs, FAQ’s, indexes, videos, or any other information given to aid the USER on DANCE HOARDis the sole property of the website. The content present and which can be utilized and accessible should be used exclusively for the purposes outlined in these terms.
- Technical Support
- The DANCE HOARDshall provide sufficient technical assistance to rectify any error reported by the User with regards to any transaction for the payments or any other related services.
- The users of our product agree and acknowledge that the product needs continuous technical Maintenance and might be suspended for a limited period for the Maintenance and support services.For such suspension, no personal notice to the user will be given but the same shall be intimated on the website itself.
- Image Usage Rights
All images,icons displayed on or website are put to fair use. All images,contents,information,photographs are uploaded in good faith and we do not intend to cause interference in copyrights or any infringements of intellectual property rights(IPR).We do not intend to make any impression as to holding IPR which do not belong to us .the For any concerns regarding intellectual property infringement on the website, please contact the grievance officer as mentioned below .
- Records And Investigation
- Deactivation Of Account
Your account will be deactivated for security reasons. In such a case please reset your password to activate your account if authorised by us .
You may deactivate your account or unregister yourself from DANCE HOARDwith or without any reason.We may terminate, block you or suspend access, to DANCE HOARDimmediately with a personal notice without anyliability on our part, for reason, including without limitation if you breach the Use of Terms,agreement,fraudulent & unlawful activity,misrepresentations,recurring issues and complaints from other users or,unexpected technical or security issues or problems.All provisions of the Terms which by their nature should survive termination shall survive termination.
- Modification Of The Website
The right to modify the websites including their features,services,user interface, design,layout,software system shall lie with us solely.We are not responsible in the event of discontinuation of any features,services,price change, suspension of website,discontinue of website access or pulling down the website.We do not warrant that the website will be available to the users all the time,the suspension of the website may interrupt the use of the website in the event of maintenance of the website.
- Confidential Information
- “Confidential Information” means includes, consists of any information/data exchanged, disclosed, transferred, by DANCE HOARDto the User, directly or indirectly, which shall mean and include the following:
- Information in written, graphical, machine-readable, software, hardware, source code, API, analytics, coding language, algorithms, or other tangible or intangible form, whether or not if it is marked as “confidential” or “proprietary,”
- if disclosed orally, written or through any other means irrespective of whether or not it is identified at the time of initial disclosure as confidential and is handed over, exchanged or transferred in any medium, at any time, place or condition from DANCE HOARDto the User using the services.
- Any information of any sort whatsoever exchanged, transferred, sent, transmitted from DANCE HOARDto the User irrespective of whether the information is in relation to the API services and any product of the User or not.
- The User shall not convert, transform, change, renovate or carry out any kind of transformation or modification of the services provided to them by DANCE HOARD. In the occurrence of such acts, the User shall be liable to be sued for punitive damages by DANCE HOARD.
- Indemnity & Limited Liability
The users agree to indemnify us against any claims, loss, cost monetary expenses incurred to defend the claims made against us by, non-users, users arising out of the transaction, services, payments, non-performance of services, breach of service, misrepresentations, other product and service-related disputes.
You agree that DANCE HOARDis an “as is “ website and we shall not be made liable for any damages whether direct, indirect consequential, incidental, punitive, exemplary and the user shall be responsible and consent to the risks associated with the access and use of DANCE HOARDor products and service-related disputes.
- Force Majeure
If we are prevented from performing our obligations due to any event which is unforeseen and beyond our reasonable control including, war, riots, civil commotion, acts of God, fires, storm, earthquakes, epidemic, pandemics, restraints imposed by the government, acts of the legislature (“Force Majeure Event”), then such we shall be excused of the performance of obligations during the period of such Force Majeure Event.
- Governing Law And Dispute Resolution
This Agreement shall be governed and construed in accordance with the laws of India. The Parties agree that any disputes or claims arising out or in connection with this Agreement shall be resolved amicably between the Parties. In the event, the Parties fail to resolve the dispute or reach an amicable settlement within a period of Sixty (60) days from the date which the dispute has arisen, then such dispute shall be referred to arbitration in accordance with the rules set forth by the Indian Council of Arbitration (ICA).
The Arbitration proceedings shall be governed by the Arbitration and Conciliation Act of India, 1996 in accordance with the ICA Domestic Commercial Arbitration Clause. Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity of the breach thereof shall be settled by arbitration in accordance with the Rules of Domestic Commercial Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.
Without prejudice to the preceding paragraph, if any such dispute is not resolved by the Arbitration or if such dispute is non-arbitrable or cannot be decided by the Arbitration, then such dispute shall be submitted to the jurisdiction of the courts at Goa, India. (with the exclusion of all other courts).
- Our Contact Information
If you have any queries related to your account, you may contact us at email@example.com our grievance officer, to take the required action, to resolve the queries or requests related to our website. We shall process the resolution of queries.
- Grievance Officer
Name: Suresh Nayak
Email Address: firstname.lastname@example.org
Office Address: Shop no. 4, Virgo Apartment, Murida, Fatorda, Goa.