What is this Document?
- The Agreement, inter alia, provides the terms that govern your access to use (i) The Dance Bible’s website DOMAINURL, and its mobile and tablet applications (“Platforms”), (iii) The Dance Bible’s online lifestyle, fashion and dance solutions, which inter alia facilitates sale and purchase of dance merchandise, and lifestyle and fashion merchandise (“Products”) through the Platforms, and (iv) the purchase of Products, and any other service that may be provided by The Dance Bible from time to time (collectively referred to as the “Services”).
- You hereby understand and agree that the Agreement forms a binding contract between The Dance Bible and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Agreement. If you do not agree to the terms contained in the Agreement, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Agreement shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Agreement.
Terms and Conditions Applicable to Users
- Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to The Dance Bible that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. Should The Dance Bible be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, The Dance Bible reserves the right to deactivate such User’s account without further notice.
The Agreement is governed by the provisions of Indian law, including, but not limited to:
- the Indian Contract Act, 1872;
- the Information Technology Act, 2000;
- the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”) and;
- the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).
- The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of The Dance Bible, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“The Dance Bible Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the The Dance Bible Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the The Dance Bible Content in any way for any public or commercial purpose or for personal gain.
- The Dance Bible authorises you to view and access the The Dance Bible Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. The Dance Bible, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the The Dance Bible Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of The Dance Bible Content.
- As means to assist the Users in identifying the Products of their choice, The Dance Bible provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, The Dance Bible disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.
- Users may make purchases on the Platforms. For the purposes of identifying a User, The Dance Bible may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.
- The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorization through means such as hacking and if through such unauthorized access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorized or illegal use of the User’s account shall entirely be borne by the User.
- Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, The Dance Bible’s acceptance of the User’s offer and the User’s continued adherence to the terms of the Agreement.
- You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if The Dance Bible has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, The Dance Bible reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.
- You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages and/or emails from The Dance Bible on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, The Dance Bible’s acceptance or rejection of your offer to purchase a Product, payment information, Product dispatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by The Dance Bible (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from The Dance Bible that the Product will be delivered. The Dance Bible’s acceptance to your offer to purchase shall occur and conclude only when the Products have been dispatched by The Dance Bible and a text message and/or email confirming such dispatch has been sent to you. The Dance Bible, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to dispatch.
- Any communication from The Dance Bible shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, The Dance Bible may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While The Dance Bible shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, The Dance Bible shall not be held liable for any failure to send such notifications or reminders to you.
- The Dance Bible may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Agreement in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted. The Dance Bible may also alter or remove any content from the Platforms without notice.
- Access to and registration on the Platforms is free of cost. Although unlikely, The Dance Bible may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by The Dance Bible without serving prior notice on the Users.
User Covenants and Obligations
- As mandated under the provisions of Regulation 3(2) of the IG Rules, The Dance Bible hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
- harms 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;
- impersonates or defames another person; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- You are also prohibited from:
- violating or attempting to violate the integrity or security of the Platforms or the The Dance Bible Content;
- transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by The Dance Bible;
- intentionally submitting on the Platforms, false or inaccurate information;
- using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or
- copying or duplicating in any manner any of the The Dance Bible Content.
- You are also obligated to:
- refrain from acquiring any ownership rights by downloading the The Dance Bible Content;
- read the Agreement and agree to accept the terms and conditions set out therein;
- refrain from copying or modifying the The Dance Bible Content available on the Platforms for any purpose;
- comply with all applicable laws in connection with your use of the Platforms;
- not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and
- use the Products for personal, noncommercial use.
- You hereby authorise The Dance Bible to declare and provide declarations to any Governmental authority on request on your behalf, including that the Products ordered by you are for personal, noncommercial use.
- The Dance Bible may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, The Dance Bible can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by The Dance Bible as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between The Dance Bible or any person on its behalf and the User or where you have consented to such data transfer.
Third Party Information
- All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. The Dance Bible is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
- Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.
Intellectual Property Rights
- All the intellectual property used on the Platforms by The Dance Bible, including the The Dance Bible Content, shall remain the property of The Dance Bible, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of The Dance Bible, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.
- If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at email@example.com and let us know of your concerns.
Unlawful or Prohibited Use
You warrant to The Dance Bible that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Agreement or under applicable law.
In accordance with the provisions of the SPI Rules, any grievances which you may have with respect to the information shared by you with The Dance Bible hereunder and its treatment, may be directed by you to the grievance officer of The Dance Bible at firstname.lastname@example.org
Term and Termination
- The Agreement will remain in full force and effect while you use any Service in any form or capacity.
- The Dance Bible reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Agreement, misrepresentation of information, any unlawful activity or if The Dance Bible is unable to verify or authenticate any information you submit to it.
- The User may terminate the Agreement at any time, provided that the User discontinues any further use of the Platforms or Services.
- It is specifically clarified that any termination of the Agreement by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
- Any provision of the Agreement which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement.
Dispute Resolution and Governing Law
The Agreement and any contractual obligation between The Dance Bible and you under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at New Delhi, India.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
Postal Address: The Dance Bible, c/o AD Art Works Private Limited
1/29, Street No-4,