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Welcome to Happydemic!!
This document is an electronic record in terms of the Information Technology Act, 2000 and is published in accordance with the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of its resources by any person.
These Terms of Use governs the relationship between Happy Gaana Entertainment Pvt. Ltd. (Happydemic), a company registered under the laws of India, having its registered office at 301 Narain Chambers, M.G. Road, Vile Parle (East), Mumbai 400057 (hereinafter referred to as "the Company", "We", "Us", or "Our") and the persons who use the platform titled ‘Songstruck’ hosted on the Happydemic website (hereinafter referred to as "You", "Your", "Yourself", "User", "Users", or "Customer"). It is clarified that the terms “You," "You're," "Yourself," “User,” “Users,” or "Customer" shall not be deemed to include the Artist (as defined hereinbelow), and the Artist shall be bound by the Terms of Use for the Artist.
Happy Gaana Entertainment Pvt. Ltd. has initiated this program to support and provide a platform to budding musicians across India.
Please read these Terms of Use (“User Terms”) which govern Your use of the Services provided via this platform titled ‘Songstruck’ hosted on the Happydemic website, where Users could book an Artist to perform at a specific date and time. (“Songstruck Platform”).
Additionally, the Artist shall be bound by these User Terms in relation to the clauses pertaining to Fees and Payments, Cancellation of Booking and Refunds, Artists and other Partners, Indemnity and Limitation of Liability, where the reference so deems necessary.
By clicking the "I Agree" button at the end of this page or accessing and using the Songstruck Platform You acknowledge that You have read these User Terms and agree to be bound by the User Terms as well as the Terms and Conditions and Privacy Policy of the Happydemic website, available at Happydemic.com/Songstruck
If You do not agree to be bound by the User Terms, please do not access or use the Services and/or the Songstruck Platform.
1. Definitions
1.1 "Artist(s)" means artists, performers, and other talent who provide services to the Users on the request made by the User on the Songstruck Platform.
1.2 "Fees" means the consideration to be paid to the Company for the Private Concert booked by the User, and made through the Payment Gateway on the Songstruck Platform.
1.3 "Force Majeure Event" includes fire, earthquake, flood, epidemic, strike, lockout, labour controversy, riot, civil disturbance, war, civil commotion, acts of God, failure or delay of any transportation agency, laboratory, or any other furnisher of essential supplies, equipment, or other facilities, omissions or acts of public authorities that prevent or delay the performance of an obligation relating to the acts of public authorities, including changes in law, regulations, or the policies of the Government, or other regulatory authority acts which are beyond the control of any person, or any other reasons which cannot reasonably be forecasted or provided against, and which cannot be predicted by men of ordinary prudence.
1.4 "Payment Gateway" means any payment gateway service provider that the Company authorizes and designates from time to time.
1.5 "Personal Data" means any data about an individual who is recognizable by or in relation to such data and includes information such as :
(i) Name
(ii) Date Of Birth
(iii) Email Address
(iv) Address
(v) Contact Number
(vi) Debit card or credit card or other payment instrument details
(vii) Password or any such information that is considered to be sensitive information as per the applicable law and capable of identifying a person.
1.6 "Private Concert" refers to an unplugged performance by an Artist that is exclusively organized and booked by the User through the Songstruck Platform. The Private Concert is limited to the User's personal premises, or a designated location approved by the Company and is designed for a small, intimate gathering with no more than 10 attendees. It is a private event, not open to the general public, and intended solely for the enjoyment of the User and their invited guests.
1.7 "Services" means the services provided by the Company on the Songstruck Platform which includes the services of:
2. Your use of the Songstruck Platform
Your use of the Songstruck Platform is subject to the following :
2.1. You agree and acknowledge that the content provided on the Songstruck Platform is for Your information and You shall not be allowed to download, copy, alter, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content available on the Songstruck Platform. Any mode of reproducing such content shall be termed as a breach of the intellectual property rights of the Company and shall be punishable under the applicable legal provisions governing the protection of the intellectual property rights of the Company.
2.2 You confirm that You are of legal age as per the laws of India and are eligible to enter into legally binding contracts. You agree not to use the Songstruck Platform, its features and Services if You do not satisfy this criteria.
2.3 You agree that, You shall abide by the User T & C (as may be amended from time to time) and in the event You violate the terms and conditions contained herein, You shall be legally liable for any action taken against You.
2.4 By booking a Private Concert on the Songstruck Platform, You agree to receive communications from Us whether by e-mail or other electronic means.
2.5 Subject to the User Terms set forth herein, the Company grants You a personal, non-exclusive, non-transferable, non-sub licensable, limited right to access and use the Songstruck Platform and the contents therein.
3. Representations and Warranties of the User
3.1 The User represents and warrants that the User may not use the Songstruck Platform:
3.1.1 For any purpose that is unlawful, illegal or forbidden by law.
3.1.2 To infringe any copyright and other proprietary material contained in any content of the Company on the Songstruck Platform.
3.1.3 To transfer the content available on this Songstruck Platform to any person unless the User gives such person notice of, and such person agrees to accept, the obligations arising under these User Terms.
3.1.4 To copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Songstruck Platform and / or Services other than as agreed in the User Terms.
3.1.5 In any manner other than as agreed in the User Terms.
3.2 Each User represents and warrants that he or she shall comply with the User Code of Conduct for Private Concerts. Each User hereby agrees, represents and warrants to comply with the laws applicable to them individually in their jurisdiction, the terms and any and all restrictions applicable to the User under the terms of the Payment Gateway (whose services are used for the payment of the Services of the Songstruck Platform.
3.3 In case of a breach of the representations and warranties of the User, the Company may, at its sole discretion, at any time and without prior notice or liability, suspend, terminate or restrict any User’s access to all or any component of the Services.
4. How to book an Artist on the Songstruck Platform
4.1 In order to book a Private Concert on the Songstruck Platform, You will need to click on www.happydemic.com/songstruck.
4.2 You will be requested to provide certain elements of Your Personal Data, being the person making the booking of the Private Concert. Such Personal Data will include Your name, email address, contact number, password and other information as mandated in the booking form.
4.3 The booking form will also require You to provide the name of the recipient, the address of the recipient, the date and time of the Private Concert, the occasion, and will require you to select the duration of the Private Concert (30 minutes/ 60 minutes).
4.4 Once You have filled in the required information on the booking form, We shall send You a One Time Password ("OTP"), on Your contact number, for the purpose of authentication of Your contact number.
4.5 Upon completion of the OTP Verification, the data provided by You in the booking form shall be displayed to You for your confirmation. Once the booking data is confirmed, You will be redirected to the Payment Gateway, to make the payment of the Fees.
4.6 The booking shall be confirmed only upon satisfactory completion of payment of such Fees that shall be made in accordance with Clause 6 hereinbelow ("Booking"). If the booking is not confirmed by payment of the specified Fees, the Booking will stand cancelled.
4.7 Upon confirmation of the Booking, You shall be notified via an acknowledgment email that shall be sent to Your registered email address
4.8 Once the Booking is made, the same can be cancelled by either the Company or You as per Clause 7 below.
4.9 You will receive an email confirmation that shall be sent to Your registered email address, 12 hours prior to the scheduled Private Concert. Further, after the Private Concert is complete, You will receive an email at Your registered email address, to provide Your feedback on the Services provided.
4.10 Notwithstanding the above, the Company in certain circumstances may require additional authentication and may request You, via email to provide such information as may be required for the authentication.
5. Use of Personal Data
5.1 As a User, You will be sharing Your Personal Data with Us. Any such Personal Data which is gathered and stored through the Songstruck Platform, shall be governed by these User Terms and Our Privacy Policy which shall be read in line with theses User Terms, along with the applicable laws of the jurisdiction.
5.2 The Personal Data We capture via the booking form, is used to identify You and to attend Your requests. We will hold your Personal Data confidentially and will not sell or rent the information to anyone. Such information may be stored and used for the purposes as stated in the Privacy Policy upon Your approval. Your continued use of the Platform provides Your acceptance to the terms of the Privacy Policy and to be bound by the same.
5.3 In case of a compulsion to share Your information, we shall obtain Your prior consent and the information shall be shared with only those people or companies who are authorized by you to do so, unless required by the applicable laws.
6. Fees and Payments
6.1 In order to confirm the Request for Booking, the User shall make the payment of the fees as shall be specified on the Booking page, that the User wishes to book. The Fees shall be paid through the Payment Gateway designated and authorized by Company from time to time.
6.2 You acknowledge that the Company and Artist are free to commercially agree to any sharing of the payments made hereunder. For the purposes of clarity, all the Fees are inclusive of taxes and Company’s service charges from the Artist.
7. Cancellation of Bookings and Refunds
The Booking can be cancelled by either the Company or the User. The cancellation of a Booking and the refund of the Fees paid, shall be subject to Our Cancellation and Refund Policy.
8. Artists and other Partners
8.1 The Company has entered into agreements with the Payment Gateway and the Artists, by way of which Users are able to make payments in relation to the Booking of the Artists, using the Songstruck Platform. The Users acknowledge and agree that the Company only acts as a facilitator and is not liable for the quality of performance/delay in arrival/acts etc. of the Artist.
8.2 The Songstruck Platform facilitates the User’s access to the Payment Gateway to transfer money from their accounts for the purpose of payment of Fees to the Company. The User acknowledges and agrees that the Company only facilitates access to such payment gateways, and is not liable for ensuring that such transfers are processed accurately.
8.3 The User accepts and acknowledges that the Company is not liable for cancelling, refunding and/or processing any transaction that takes place through the Payment Gateway.
8.4 In the event of any delay or failure in such transfers, the Company may at its sole discretion assist You and facilitate the transfers or the return of any money deducted from Your account. However, such assistance / facilitation shall not be tantamount to any admission of liability by the Company in relation to the Payment Gateway payment solution, or the processing of payments.
8.5 Relationship between the Company and the Payment Gateway and the Company and Artist is on principal to principal basis and nothing contained hereunder shall be construed to mean that the Company or the Artist are agents of one another. The Company is not responsible for any failure or deficiency in services rendered by the Payment Gateway or the Artists.
8.6 The Company may in the future, tie up with various other third parties for the provision of Services.
8.7 Any display of third party goods / services offered through the Songstruck Platform does not in any way imply, suggest, or constitute any reputation, sponsorship or approval of the Company by any such third parties (including Artists). The Company’s display of specific options does not suggest any recommendation or endorsement by the Company of those services.
8.8 The User agrees that the Company is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from Artists or third parties and which may be posted on the Songstruck Platform and as may be amended from time to time. The User’s interaction with any third party accessed through the Songstruck Platform is at the User’s own risk, and the Company will have no liability or obligation with respect to the acts, omissions, errors, representations, warranties, breaches and/or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from the User’s interactions with such third parties or availing any goods / services from such third parties.
9. Links to Third Parties:
9.1 The Company may provide links to various third party websites including but not limited to the Payment Gateway, YouTube, etc. on its Songstruck Platform. You accept and acknowledge that if such third party links direct You to an external website, the Company is not responsible for any or all content on such third party website. Such website will contain their own separate terms and conditions. If You decide to visit any such external link, You agree to do so at Your own risk, responsibility and liability.
9.2 The Company provides the third party links to You only as a convenience, and makes no warranties, representation or endorsements relating to the content, information, products or services as may be appearing on these websites. The Company does not endorse any service provider listed on its Website or Application.
10. Intellectual Property Rights
10.1 All trademarks, service marks, logo marks and designs (collectively called as "Marks") displayed on the Songstruck Platform, whether registered or unregistered are the sole property of the Company and/or its licensors. All rights to such Marks are reserved. You cannot use these Marks without written permission from the Company and/or its licensors as the case may be, who have the sole authority to decide if such Marks should be licensed to You for Your limited use.
10.2 You are not allowed to use any of the content or intellectual property of the Company including the Marks, without the written permission of the Company and/or its licensors.
11. Indemnification and Limitation of Liability:
11.1 Indemnification You agree and acknowledge that Your use of the Songstruck Platform is in accordance with the User Terms and User Code of Conduct. You will be responsible for any activities conducted on the Songstruck Platform through Your account, whether authorised by You or without Your consent. You agree to defend, indemnify and hold harmless the Company or its affiliates, third parties and their respective officers, directors, agents and employees from any claim or demand, or actions including reasonable attorney fees, made by any third party or penalty imposed due to or arising out of
(i) Your breach of the User Terms or the Code of Conduct
(ii) Your violation of any laws, rules or regulations or the rights of a third party.
11.2 Limitation of Liability
11.2.1 The Songstruck Platform and Services shall be provided by the Company on an "as is" and "as available" basis. The Company warrants that the content on the Songstruck Platform is up-to-date, complete, comprehensive, accurate or applicable to the User’s circumstances.
11.2.2 The Songstruck Platform content may contain inaccuracies and typographical errors. The Company does not warrant the accuracy or completeness of any such content or the reliability of any advice, opinion, statement, memorandum or other information displayed or distributed through the Songstruck Platform.
11.2.3 While We make reasonable efforts to ensure the safety and functionality of the Songstruck Platform, any damages to or viruses that may infect a User’s computer equipment or User’s access to the Songstruck Platform or the User’s downloading of any content from the Songstruck Platform.
11.2.4 Neither the Company and/or its affiliate(s)/ related entities warrant that the functions and links contained in the Songstruck Platform will be uninterrupted, error free, bott free or free of viruses and from any harmful and inappropriate content.
11.2.5 The Company (including its officers, directors, employees, representatives, affiliates, Artists, partners and providers) will not be responsible or liable for any injury, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with
(i) any failure or delay (including without limitation the use of or inability to use any component of the Songstruck Platform or the Services), in the provision of the Services of the Songstruck Platform; or
(ii) any use of the Songstruck Platform or content available on the Songstruck Platform, or
(iii) the performance or non-performance by the Company, Artist, the Payment Gateway or any third party partner or service provider, even if the Company has been advised of the possibility of damages to such parties or any other party.
11.2.6 To the extent that any jurisdiction does not allow the exclusion or limitation of direct, indirect, remote, exemplary, incidental, special or consequential damages, or punitive damages, the above limitation or exclusion may not apply and in such cases, You hereby agree that Our aggregate liability towards You, under any circumstances or in any event shall be limited to the Fees paid by You to book the Artist.
12. Governing Law And Dispute Resolution
12.1. These User Terms are governed by the laws of India. Subject to the provisions of Section 12.2 below, the competent courts of Mumbai shall have jurisdiction in respect of any matter or dispute connected with these User Terms.
12.2 Any dispute, related to or arising under, out of or in connection with these User Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in India and in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator who will be appointed by the Client. The place of arbitration will be Mumbai and all arbitral proceedings shall be conducted in English.
12.3 The award of the arbitrator shall be final and conclusive and binding upon the Company and the User and non-appealable to the extent permitted by applicable law. The Company and the User shall equally share the costs of the fees of the arbitrator, but shall independently bear the costs of their own legal counsel engaged for the purpose of the arbitration.
13. Additional Terms and Conditions
13.1 In addition to the Code of Conduct laid down for the Users, the following terms shall apply to a Private Concert :
13.1.1 A Private Concert shall be a 30 minutes unplugged performance for a single recipient. (It does not include any sound system or speakers. Please do not provide any sound to the artist)
13.1.2 A Private Concert can be scheduled from 9 AM to 9 PM only
13.1.3 A Private Concert shall be performed in the comforts of your home (Not at restaurants, Banquet halls or Hotels)
13.1.4 The lead time for accepting a Booking will be 72 hours to 45 days.
13.1.5 In case of rescheduling, a notice of minimum notice of 72 hours is required. Rescheduling will be done on best efforts basis subject to max. 1 reschedule within 45 days.
13.2 You may not assign or otherwise transfer Your rights or obligations under these User Terms. The Company may assign its rights and duties under these User Terms without any such assignment being considered a change to the User Terms and without any notice to You.
13.3 Any failure by the Company to act on a breach of these User Terms by a User on any occasion is not a waiver of the Company’s right to act with respect to future or similar breaches.
13.4 You grant permission to the Artist to record videos or take photographs during the Private Concert for promotional purposes, including advertising, marketing, and posting on social media channels.
13.5 Additionally, you consent to the Company, its successors in title, and permitted assigns to use the recordings or photographs for promotional purposes, including but not limited to advertising, marketing, and promotional activities across various media platforms. By attending the Private Concert, you acknowledge and agree to these terms.
13.6 We reserve the right to modify these User Terms without providing any notice to You. Such modified User Terms shall be updated on the Songstruck Platform and shall come into effect as soon as it is updated on the Songstruck Platform. If a User objects to these User Terms or any subsequent modifications to these User Terms or become dissatisfied with the Songstruck Platform and/or the Services in any way, the User’s only recourse is to immediately terminate use of the Songstruck Platform and the Services.
13.7 These Terms, together with the policies, including the Privacy Policy, User Code of Conduct for Private Concerts, Our Cancellation and Refund Policy, _________________ that are made a part of these User Terms by reference, make up the entire agreement between the Company and the User relating to such User’s use of the Songstruck Platform.
13.8 Each User acknowledges that such User has read and understood these User Terms, and that these User Terms have the same force and effect as a signed agreement.
14. Waiver and Severability
Under no circumstances will these User Terms be deemed to be waived for any other rights or provisions. In the event any of these User Terms being considered invalid or if not enforceable in any jurisdiction due to conflict with local applicable laws, all other provisions will continue to be in effect.
USER CONFIRMATION AND ACCEPTANCE
By booking a Private Concert on the Songstruck Platform, You “Agree” to these User Terms. If You do not agree to or accept these User Terms, please cease to access and/or use the Songstruck Platform.
I HEREBY CONFIRM THAT I HAVE THE LEGAL CAPACITY TO ACCEPT THESE USER TERMS.
I HEREBY CONFIRM THAT I AM DULY REGISTERED WITH THE WEBSITE AND ALL INFORMATION PROVIDED BY ME IN RESPECT OF AVAILING THE SERVICES IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
I CONFIRM THAT I HAVE FULLY UNDERSTOOD THESE USER TERMS.
USER CODE OF CONDUCT FOR PRIVATE CONCERTS
Welcome to the Songstruck Platform. This User Code of Conduct governs the relationship between Happy Gaana Entertainment Pvt. Ltd. (Happydemic), a company registered under the laws of India, having its registered office at 301 Narain Chambers, M.G. Road, Vile Parle (East), Mumbai 400057 (hereinafter referred to as "the Company", "We", "Us", or "Our") and the persons who use the platform titled ‘Songstruck’ hosted on the Happydemic website (hereinafter referred to as "You", "Your", "Yourself", "User," "Users," or "Customer").
This Code of Conduct shall be read in accordance with the User Terms. The terms as have been defined in the User Terms and Privacy Policy shall have the same meaning and effect in this Code of Conduct.
General Code of Conduct
The following guidelines must be adhered to in order to ensure a respectful and enjoyable experience for all involved.