TERMS AND CONDITIONS OF SERVICE AND USE
APPNNOVATORS , a Partnership firm registered under The Partnership Act, 1932, having its office at Shakarpur, Delhi - 110092, India hereinafter referred to as the “Firm” (where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the Website and mobile application for IOS and Android and other resources and methods through which it is being used https://www.danssup.com/ (hereinafter collectively referred to as the “Platform”).
i. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Firm/, as the context so requires.
ii. “User” shall mean and refer to natural and legal individuals who use the platform and who intend to seek information, contact or obtain the services or purchase the services offered on the Platform by users. They must be competent to enter into binding contracts, as per Indian laws.
iii. “Professional User/Guru/Trainers” shall mean a professional dancer or dance teacher, who is providing dance lessons for a fee or for free through the Platform, which may be may or may not be certified by us or any institutions.
iv. “Services” refer to providing a Platform for uploading videos of dance performances ranging from 10 seconds to 3 minutes and upload audio/video tracks , enabling professional dancers to provide video dance tutorials /introduction videos and providing space for advertising or updating information on local events by organizers/users.
v. “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Platform.
vi. The term “Platform” refers to the Website /Android Application / IOS Application and APIs which enable the Users to upload videos of dance performances ranging from 10 seconds to 3 minutes, this time frame may be altered or changed at any point of time without any prior notice. The Users may upload audio/video tracks, enable professional dancers to provide video dance tutorials and introduction videos, upload paid and free videos and provides space for advertising or updating information on local events by organizers and users.
i. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
iii. The Users unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Firm, and that the Users shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
iv. The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User or a 30 days prior intimation if the firm deems it necessary, and the Visitor expressly agrees that any such amendments or modifications shall come into effect from such time as the Firm deems fit. If the Visitor does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
3. SERVICE OVERVIEW
The Firm shall act as a facilitator through the Platform which shall enable the Users to upload audio/video tracks and videos of dance performances ranging from 10 seconds to 3 minutes, the time duration may be altered or modified by the Firm at any point of time without any prior notice of the same. The sound/video tracks for the same may be chosen by the Users or they can use the sound/video tracks already present on the Platform. Professional Users/Gurus can provide tutorials for specified charges or they may choose to keep their videos free for accessing/viewing/downloading. They may require to pay membership fees to enlist themselves as Gurus. In addition to this local event organizers/users can upload information of events on the platform, this service though currently free, may be charged at any time the Firm deems fit to do so. The Firm shall also organize contests, sweepstakes and promotional offers to attract Users and for benefit of regular Users/Gurus.
b. The Users can link his Facebook, Google Profile account to the Platform at present.
c. The Registration and use of the Platform are presently free but charges can be levied on the same any time in future and the same shall be at the sole discretion of the Firm. Presently Charges are incurred after registration depending on the charges of the Services or the Membership/Subscription Plan the User would like to avail. The Firm may at any point of time in the future levy additional service charges. The same shall be notified on the Platform to the Users.
d. Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. In the event of individuals below 18 accessing or registering on the platform the onus or responsibility for the acts performed by them shall lie with their guardians, the Firm or platform shall not be held liable in any manner.
e. Further, at any time during the use of this Platform, including but not limited to the time of registration, the Customers are solely responsible for protecting the confidentiality of their Username and password and access to their account, recovery methods for login and history of their signups, and any activity under the account shall be deemed to have been done by them.
f. A User’s account once registered can only be used only by him/her and the membership is not transferrable neither is the membership fees or subscription fee transferable.
a. The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
b. The User operates the account and avails the services solely for his personal purposes without any ulterior motives or intent to cheat the Platform, Firm or their affiliates.
c. The User warrants that all the content in the form of audios/ videos /text/ uploaded by them are their sole creations and the same do not infringe the Intellectual Property rights of any individual or organisation.
6. DANCE GURUS/PROFESSIONALS TEACHERS/TRAINERS
a. Professional dancers may register themselves on the Platform as Dance Gurus, by availing Guru Membership, for which fees is payable monthly/annually or free memberships given by the firm.
b. Gurus can upload videos of their dance lessons and set a price for their video in a currency of their choice among the currency options available on the platform.
c. The Users can unlock the video by paying the charges specified through Danssup coins or other specified modes of payment on the Platform.
d. The money earned on the video uploaded by the Guru shall be transferred to the Guru’s Account in their preferred payment methods from among the payment options available on the platform), after verifying their Government ID proof, such as Driving License, Passport, Voter ID and Aadhar card.
e. The payment may be transferred by the Guru from the Platform to his account in accordance with the payment method chosen by the Guru from among the options available on the platform only when they verify their registration by providing Government approved I.D proofs. The accounts of the Gurus shall be approved only on their verification process being approved by the Platform. The Firm can reject/disapprove the account of the Guru if requisite supporting documents are not provided or are found to be not authentic.
f. The Guru shall be liable for payment of taxes, which may be levied on the payment transferred from the Platform in accordance with the laws of their home country.
7. DANSUPP COINS
This shall refer to currency generated on the Platform. It can be generated and used in the manner as specified below:
a. Regular Users who access the Platform on a daily basis and refer the same to their friends and acquaintances may / may not be rewarded Dansupp coins by the Platform.
b. All payments on the Platform made by the Users shall be made in the form of Dansupp coins, the same may be purchased by the Users through the approved modes of payments on the Platform.
c. The value of the coins shall be decided on the discretion of the Firm and the Firm may change the values at any time without any prior notice. The Firm will not require to seek any consent from the Users in this regard.
d. The Dansupp coins can only be used for payments on the Platform, the same cannot be redeemed on any other Platform or for any other offline mode of payment.
8. SUBSCRIPTION PACKAGES
a. The Platform currently provides two subscription packages; namely Subscription package for Users and Guru Membership.
b. The Subscription Packages /Membership can be availed by the Users for enhancing their experience on the Platform.
c. Guru Membership would entail the Users to register themselves as Gurus and avail the benefits as specified in Clause 6 above.
d. The final discretion to accept an order for a service placed by a User shall solely vest with the firm and the firm may choose not to accept the order of certain Users.
e. The Packages and services being offered can be changed at any point of time on the sole discretion of the Firm.
a. The Content displayed on the Platform that is created by the Firm is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Firm and the copyright owner.
b. Users shall be solely responsible for the authenticity of the content generated on the platform by them in the form of profile information, user experiences, comments, messages, reviews and audio/videos posted by them.
c. The Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any Customer who is found to have created or shared or submitted any Content in the form of review, comment, message, videos, audios or content or part thereof that is found to be untrue/inaccurate/misleading, offensive or promotes a business not legally permissible under the laws of the land.
d. Any objectionable content, comments or reviews posted on the Platform which is offensive towards a religious faith, gender or towards the patriotic spirit of a nation will be taken down immediately by the Platform after instituting due investigation into the same, but the onus for any repercussions from the same shall lie only with creator of the comment/content and the Firm or Platform will not be liable for the same in any manner.
e. The Users shall at all-time strive to maintain the fair usage limit at all times while accessing the Platform including but not limited to uploading of videos. The Firm has the right to discretion to alter the Fair Usage limit at any point of time without prior notification. Any change in the fair usage limit will be notified on the Platform.
f. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading or plagiarised. All the information of the business provided by the customer should be up to date and authentic.
g. The Users shall at all times abide by the content /copyright policy of the Platform. (https://www.danssup.com/ContentPolicy),
a. Registration on the Platform is free of cost at present. However, in case of purchase of service(s), the Customer shall pay an amount for the Services availed through the Platform directly to the Firm in any of the prescribed modes of Payment Methods
ii. Debit Card
iii. Credit Cards
iv. Amex Card
v. Net Banking
vi. Payment wallets like PAYTM/PAYU/PAYPAL/UPI
vii. Online Payment Gateways.
b. The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
c. The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions.
d. The Prices of the Services displayed on the Platform may be changed at any point of time without prior notice and except for rates of videos uploaded by gurus, charges for all other services shall be decided solely at the discretion of the Firm.
e.The final discretion to accept an order for a service placed by a User shall solely vest with the firm and the firm may choose not to accept the order of certain Users.
f. Under no circumstances will payment once made in lieu of seeking the services offered on the Platform be refunded by the Firm after payment has been processed.
11. TERM & TERMINATION
a. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
b. A Customer may terminate their use of the Services and the Platform at any time by deleting their account from the platform or sending a mail to firstname.lastname@example.org .
c. The Firm may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises without notice or cause.
d. Such suspension or termination shall not limit our right to take any other action against you that the Firm considers appropriate.
e. It is also hereby declared that the Firm may discontinue the Services and Platforms without any prior notice.
f. The Platform also reserves the universal right to deny access to particular Visitor’s, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
g. The Firm reserves the right to limit, deny or create different access to the Platform and its features with respect to different Customers, or to change any of the features or introduce new features without prior notice.
i. The Customer shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
c. Customer can report to the Firm any grievances or suggestions that they have by mailing email@example.com . If they find any discrepancy with regard to Service-related information and the Firm will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
13. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Platform and that they:
a. Agree to provide genuine credentials during the process of registration on the Platform. They shall not provide false or incorrect information.
b. Agree that they are solely responsible for maintaining the confidentiality of their account password. The User must notify the Firm immediately of any unauthorized use of their account. We reserve the right to close your account at any time for any or no reason.
c. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Offer redemption's, reviews and ratings, experience stories for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
d. Consent to receiving promotional e-mails and sms after registering on the Platform.
e. Consent to the Platform sharing the information provided by them with the Service Providers/Business Partners of the Platform for better enhancement of services provided by both the Platform and the service Provider. This sharing of information would not be restricted to the Partner for whose services or products the User subscribes.
f. Agree that the Firm and the Platform have the right to judge the contests organised by the Platform in accordance with their discretion and the results of the same shall not be objected to by the Users.
g. The listing of the preferred users shall be as per and the order of the videos listed for viewing shall be as per the discretion of the Firm and in accordance with their methods of selection, as they deem fit. The same cannot be contested to by the Users.
h. The reviews and ratings given by the viewers are as per their discretion abd the Firm or Platform holds no responsibility for the same. No requests for taking down reviews or ratings shall be entertained unless the same is offensive, derogatory or violates the legal provisions of any specific territory.
i. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
j. Users expressly consent to follow the terms and conditions, and policies of the Customers whose web pages are hosted by the Firm from whom they are making purchases.
k. Expressly agrees to make good any losses suffered by the Firm or platform which result as a consequence of any act committed by the User including but not limited to acts of fraud and falsification of information.
l. Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Firm or Platform shall not be responsible for any resultant losses suffered.
a. The Users hereby expressly authorizes the Firm/Platform to disclose any and all information relating to the User in the possession of the Firm /Platform to law enforcement or other government officials, as the Firm/ may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. The User further understands that the Firm /Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
b. By indicating Firm’s acceptance to purchase any service offered on the site, the user is obligated to complete such transactions after making payment. Firm shall be prohibited from indicating their acceptance to purchase services where the transactions have remained incomplete.
c. The Users agree to use the services provided by the Firm for lawful purposes only.
d. Users agree to provide authentic and true information. The Firm reserves the right to suspend a User’s account if the information is found to be false or incorrect or the services are being misused, the Firm may suspend the User’s account.
e. The User agrees not to post any material on the website / android app /ios app / our other app / API and the social media pages of the Platform that is defamatory, offensive, obscene, pornographic, indecent, abusive, or needlessly distressful, or prohibited by the law. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person or business and to which the User has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
ii. violates any law for the time being in force;
iii. deceives or misleads the other users
The Users agree to indemnify and hold harmless the Firm, its Partners, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violations of any provisions of the said Terms and Conditions, or any other claim related to your use of the Services, except where such use is authorized by the Firm/.
15. INTELLECTUAL PROPERTY RIGHTS
16. FORCE MAJEURE
17. DISPUTE RESOLUTION AND JURISDICTION
i. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
ii. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi, India.
b. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of New Delhi, India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User through mail firstname.lastname@example.org_.
20. MISCELLANEOUS PROVISIONS
a. Entire Agreement : These Terms, read with the Policy, form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver : The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right later to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability : If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at email@example.com .