terms | Tune

TERMS AND CONDITIONS

INTRODUCTION

Welcome to the Tune Academy website, located at https://www.tuneagency.in/academy (the "Site").

The Site is owned, controlled, and operated by Tune Agency (referred to as "we," "us," or "our," and sometimes as the "Firm").

These Terms of Use ("Terms") form a legal agreement between you, a user of the Site ("you" or "your"), and Tune Agency. These Terms govern your access to and use of our Site.

Please note that your use of the Site is always subject to these Terms, which also incorporate our Privacy Policy. Any terms we use in this document without defining them have the meanings given in the Privacy Policy. The general provisions outlined in the Privacy Policy also apply to these Terms.

Please read these Terms carefully before using the Site. Also, make sure to read our Privacy Policy, which is an integral part of these Terms and is included by reference. The Privacy Policy explains how we collect, store, secure, retain, use, process, disclose, share, transfer, and dispose of the information we collect or that you provide when you access or use the Site. If you do not understand or agree to be bound by these Terms, please do not use the Site.

This Site is intended for adults or individuals who have reached the age of majority in their jurisdiction. We do not encourage minors to use the Site. Use of this Site is strictly prohibited for individuals under the age of 10. Subject to these Terms, the Site is available only to those who can enter into legally binding contracts under applicable law. If you are under 18 years of age or the legal age of majority in your jurisdiction, your parent or legal guardian must agree to these Terms on your behalf.

By visiting, Browse, accessing, or using the Site, you unconditionally accept and agree to be legally bound by these Terms. If you do not agree, please do not access or use the Site.

We reserve the right to amend, modify, revise, update, suspend, remove, and/or otherwise change these Terms at any time, with or without prior notice. All such changes will take effect immediately upon being posted on the Site. By continuing to access or browse the Site after any such changes, you agree to be bound by the amended or modified Terms. For this reason, we encourage you to review these Terms whenever you access the Site to ensure you are familiar with the most current version. If you do not agree to any changes to these Terms, you must immediately stop using the Site.

THE WEBSITE

You understand, acknowledge, and agree that the Site is designed for informational purposes only and is not intended to provide any professional or specialized advice. The content and the Site as a whole are for your personal use only and should not be used for commercial purposes. We are not responsible for actions taken based on the use of the Site or the information it contains. We offer no warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information, content, and materials found or offered on the Site for any particular purpose. You acknowledge that such information, content, and materials may contain inaccuracies or errors, and we expressly disclaim liability for any such inaccuracies or errors. Your use of any content, information, or materials on the Site is entirely at your own risk, and we will not be liable for it.

The Site also allows you to interact with us. Should you choose to do so, you grant us all necessary licenses and consents for this purpose, including, but not limited to, the right to live stream, film, and record (audio and video) in any format, medium, or device, using any current or future processes and technology.

We do not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the Site by our users. We are not responsible, and will have no liability to you, for any information or materials posted by others, including defamatory, offensive, or illicit material, even if it violates these Terms.

Unless otherwise stated, access to and use of the Site is free of charge. We reserve the right to charge a fee for access to or use of this Site or any services we may provide. If you purchase a paid service from us, we use a third party, Razorpay, to process your payments ("Processor"). You agree that Razorpay is solely responsible for controlling, handling, and processing your payments, including any associated user bank processes. Any issues with payments, including refunds, should be directed to Razorpay or your bank. Please note that any amounts paid to us are generally not refundable, unless explicitly stated otherwise for specific services.

PRIVACY POLICY

Please review our Privacy Policy, which is part of these Terms and describes how we handle your personal information. By visiting, Browse, accessing, or using the Site, you agree that we may collect, use, and share your personal and other information in accordance with our Privacy Policy.

ACCOUNTS, SECURITY, PASSWORDS

You may register for an account on the Site to become a subscriber to our services. To open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested. It is your responsibility to keep your registration data current, complete, and accurate; any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your password and account. You are also fully responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss you may incur if someone else uses your password or account, whether with or without your knowledge. You may cancel your account by following the procedure outlined in these Terms.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

The Site and all information and content we have made available on it, including but not limited to copyrighted works, literature, text, graphics, logos, button icons, images, audio/video clips, data compilations, and software, along with their compilation and organization, are owned by us or used with the owner's consent. This content is protected by laws governing copyrights, trademarks, and other intellectual property. Reproduction or use of any of these by you is prohibited unless we provide specific written permission. Any unauthorized use will violate copyright laws, trademark laws, and other applicable intellectual property laws. All rights in the Site and its content are reserved.

Certain content and information on the Site are used with permission from third parties. Use of that content and information is subject to the terms and conditions of those third parties, and by using the Site, you agree to abide by all such terms and conditions.

Copying, downloading, modifying, revising, reproducing, republishing, uploading, posting, transmitting, or distributing for commercial or non-personal purposes any content, material, or elements from the Site without our express written permission or that of other intellectual property owners is strictly prohibited. You agree not to directly or indirectly copy, use, or distribute any content available on the Site other than as expressly permitted here. Also, if you download or print any content for personal use, you must retain all copyright and other proprietary notices identifying us as the owners.

Nothing on the Site should be interpreted as granting, by implication or otherwise, any right, license, or title to any of our intellectual property or the intellectual property of any third party. All rights are expressly reserved and retained by us and our licensors. Your misuse of the Site, or any service or content available on the Site, except as provided in these Terms, is strictly prohibited. We consider our intellectual property to be among our most valuable assets and will aggressively enforce our intellectual property rights to the fullest extent provided under law.

LIMITED LICENSES GRANTED TO YOU

Subject to these Terms, we grant you a non-exclusive, revocable, non-sublicensable, non-transferable, and limited license to access the Site solely for the purpose of accessing the content and our services provided through the Site, for your personal and non-commercial use.

You shall not, either directly or indirectly:

Copy, adapt, alter, modify, translate, localize, merge, or create derivative works of the Site.
Decompile, disassemble, reverse engineer, reduce the Site to human perceptible form, or otherwise attempt to determine its underlying source code.
Alter, obscure, deface, remove, conceal, or otherwise interfere with any visible or machine-readable marking on the Site that refers to us as the owner, author, or developer of the Site and all proprietary and intellectual property rights contained therein.
Distribute, provide, lease, lend, use, or allow others to use the Site to or for the benefit of any third parties.
Provide the use of the Site in any service bureau, time-sharing, or facilities management arrangement, or otherwise use the Site to provide services to third parties.

CONTRIBUTED CONTENT AND USER SUBMISSIONS

All content created, added, uploaded, submitted, distributed, communicated, or posted on the Site by users (collectively, "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the user who created or generated it. The Site permits the submission of User Content and its hosting, sharing, and/or publishing. You are solely responsible for your own User Content and the consequences of posting or publishing it. You represent that all User Content provided by you is accurate, complete, up-to-date, and complies with all applicable laws.

You acknowledge that all User Content accessed by you using the Services is at your own risk, and you will be solely responsible for any damage or loss to you or any other person resulting from it. We do not guarantee that any User Content you access on the Site is or will continue to be accurate. We do not and will not claim any ownership over or rights to the User Content, except as stated herein.

In connection with User Content, you affirm, represent, and warrant that:

You own or have the necessary licenses, rights, consents, permissions, and authorizations to use and authorize us to use all User Content, including enabling us to use the User Content for the purposes and in the manner contemplated by these Terms.
You have the written consent, authorization, release, and/or permission of each identifiable individual person in the User Content to use their name and/or likeness to enable inclusion and use of the User Content in the manner contemplated by these Terms.
We will not be subjected to any claim, actions, liabilities, loss, and damage as a result of our use of the User Content.

By submitting any User Content to the Site, you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable (through multiple levels), and transferable license to use, aggregate, reproduce, distribute, display, perform, and otherwise fully exploit such User Content in connection with the Site and the services we provide. This includes, without limitation, promoting and redistributing part or all of the Site or our services in any media formats and through any media channels (including, without limitation, third-party websites and feeds), and this license continues even after your arrangement with us terminates.

By submitting any User Content to the Site, you also grant each user a non-exclusive license to access any of your User Content that is available to them on the Site, and to use such User Content, including after your arrangement with us terminates.

We:

Cannot control the User Content and other information provided by users and made available on the Site.
Do not research, endorse, validate, or certify the User Content or any other information submitted/uploaded by users on the Site, nor do we assume that all User Content and information will be complete, accurate, truthful, trustworthy, and reliable.
Expressly disclaim any and all liability in connection with the User Content.

The Site allows sharing of views, opinions, and information regarding the content posted on the Site. All statements, photos, videos, materials, or other User Content posted by users reflect the views of the individual user and do not reflect our views. We take no responsibility and assume no liability for any User Content posted by you or any third party.

We encourage respectful, constructive dialogue and reserve the right to remove posts that do not comply with these Terms.

A user shall not host, display, upload, modify, publish, transmit, store, update, or share any information that:

Belongs to another person and to which the user does not have any right.
Is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy (including bodily privacy), insulting or harassing based on gender, libelous, racially or ethnically objectionable, relates to or encourages money laundering or gambling, or is otherwise inconsistent with or contrary to the laws in force.
Is harmful to a child.
Infringes any patent, trademark, copyright, or other proprietary rights.
Violates any law currently in force.
Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information that is patently false or misleading but may reasonably be perceived as fact.
Impersonates another person.
Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offense, or prevents investigation of any offense, or is insulting to another nation.
Contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer resource.
Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

USER CODE OF CONDUCT

As a condition of using the Site, you promise and agree not to use the Site for any purpose prohibited by these Terms.

You agree that you shall not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share content, information, data, software, and/or materials on the Site that:

You do not have the right, authority, or license to make available, whether under law, contract, or otherwise.
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane, contains or depicts pornography, or is otherwise inappropriate as determined by us, in our sole discretion.
Is false, misleading, untruthful, or inaccurate.
Is invasive of another’s privacy.
Violates the publicity or proprietary or intellectual property rights of third parties.
Impersonates any person or entity, including any of our employees, agents, representatives, sub-contractors, or partners, or falsely states or otherwise misrepresents your affiliation with any person or implies that we endorse any statement you make.
Includes anyone’s identification documents or sensitive financial information, or any personal information about another individual, or any information that may be used to track, contact, or impersonate that individual.
Discloses or provides information protected under any law, agreement, or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, or non-public information.
Constitutes unauthorized or unsolicited advertising.
Violates any law.
Would give rise to criminal or civil liability (under tort or otherwise).
Encourages conduct that constitutes an offense or that encourages or provides instructional information about illegal activities.
Has the potential to create liability for us.
Could cause us to lose, in whole or in part, our relationship with our users, clients, business partners, licensors, service providers, or other suppliers.
Interferes with or disrupts the operation of the Site and our services or the servers or networks used to make the Site available, or violates any requirements, procedures, policies, or regulations of such networks.
Threatens the unity, integrity, defense, security, or sovereignty of any country, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, or prevents investigation of any offense, or is insulting to any other nation.

You shall not (directly or indirectly):

Disclose any sensitive, proprietary, or confidential information about yourself or anyone else, or knowingly disseminate information that you know, or reasonably ought to know, to be confidential, in violation of any duty of confidentiality you are subject to.
Misrepresent the source of your content.
Use the Site in violation of any applicable law or otherwise in violation of any applicable law to which you may be subject.
Use the Site in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass any person.
Use the Site in a manner that could cause loss, damage, or personal injury to any person.
Use the Site for any fraudulent or unlawful purpose or for the promotion of illegal activities.
Use the Site in any manner that could interrupt, damage, disable, overburden, or impair the Sites or interfere with any other person's use and enjoyment of the Sites.
Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other computer systems, resources, or networks connected to the Site).
Run any form of auto-responder or “spam” on the Sites.
Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
Obtain or attempt to gain unauthorized access to other computer systems, resources, materials, information, or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site.
Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party service providers’) infrastructure.
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
Make improper use of our Site or submit false reports of abuse or misconduct.
Disparage, tarnish, or otherwise harm us, including the Site.
Offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline currently in force.
Use the Site or the Site in violation of these Terms, or otherwise take any action in violation of our guidelines and policies.

In using the Site, you must comply with, and refrain from violating, any right of any other person, law, or contractual duty, including without limitation laws forbidding:

Distribution of child pornography.
Forgery, identity theft, misdirection, or interference with electronic communications.
Invasion of privacy.
Unlawful sending of commercial electronic messages or other marketing or electronic communications.
Securities violations, wire fraud, money laundering, or terrorist activities.
False advertising, propagating, or profiting from fraudulent and unfair schemes.

You shall abide by all applicable laws with respect to the use of the Site.

You assume full legal responsibility for any access and use of the Site. In the event of any breach of this duty resulting in a legal claim against us, you shall defend, indemnify, and hold us harmless from all losses, damages, and liabilities arising therefrom.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

Satisfy any applicable law, legal process, or governmental request.
Enforce these Terms, including investigation of potential violations.
Detect, prevent, or otherwise address fraud, security, or technical issues.
Respond to your support request.
Protect the rights, property, or safety of us, our users, and the public.

DISCLAIMER

You acknowledge that we have no duty to take any action regarding:

Which users gain access to the Site.
What content you access via the Site.
How you may interpret or use the content.

The Site and content made available on the Site, including, without limitation, any information delivered as part of the foregoing, are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, whether by statute, common law, custom, usage, or otherwise. This includes, but is not limited to, performance, security, integration, quiet enjoyment, satisfactory quality, and implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Without limiting the foregoing, we make no warranty that:

The Site and the services we make available through the Site, including without limitation any materials and information delivered as part of the foregoing: (a) will meet your requirements; (b) will be accurate, uninterrupted, timely, secure, or error-free.
The results that may be obtained from the use thereof will be effective, accurate, or reliable.
The quality of the services purchased or accessible by you will meet your expectations.
Any errors or defects in the foregoing will be corrected.
The Site is free of viruses or other harmful components.

We specifically disclaim all liability for any actions resulting from your use of the Site. You may use and access the Site at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to the Site.

We disclaim any and all liability with respect to any losses, damages, liabilities, personal injury, or other harm that may be caused by your reliance on any advice, suggestions, recommendations, or other information provided on the Site.

INDEMNIFICATION

You shall indemnify, defend, and hold harmless us, our affiliates, licensors, and partners from all losses, damages, liabilities, claims, costs, and expenses, brought against or suffered by any of them resulting from, arising out of, or relating to your (or any third party using your identity or your account, computers, systems, mobiles, machines, communication devices, network, and other applications and resources):

Use or misuse of, or access to, the Site.
Violation or breach of these Terms.
Violation or breach of any applicable law, whether or not referenced herein.
Violation of any rights of any third party.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

LIMITATION OF LIABILITY

Users specifically acknowledge that the Site is provided with the expectation that we shall not assume any risks of the users. Accordingly, in no event shall we assume any risks of the users.

We shall not be held liable for any liabilities suffered by the users or any third party relating to or arising out of:

A failure by the users to adhere to these Terms.
Negligent acts of the users.
Breach by the users of any applicable law.

In no event shall we, our affiliates, licensors, and partners be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Site for:

Any lost profits or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory, or consequential damage of any kind whatsoever.
Any bugs, viruses, Trojan horses, or the like (regardless of the sources of origination).
Any direct damages in excess of ₹1,000/- (Rupees One Thousand only) or the fees (if any) paid to us for the usage of the Site (whichever is lower), even if we have been advised of, knew, or should have known, the possibility thereof. You acknowledge that the fee paid by you reflects the allocation of risk set forth in these Terms and that we would not enter into this agreement and Terms without these limitations. You hereby waive any and all claims against us arising out of your use of the Site. Your sole and exclusive right and remedy in case of dissatisfaction with the Site or any other grievance shall be your termination and discontinuation of access to or use of the Site.

In no event shall we, our affiliates, licensors, and partners be liable for any bodily injury, loss of life, loss of property, or any other accident that arises out of or is in any way connected with any use of the Site.

THIRD-PARTY SERVICES, ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS, AND OTHER PARTNERSHIPS

We may display advertisements for third-party goods and services on the Site, including those related to co-promotions, sponsorships, and similar partnership arrangements. We do not endorse or represent, and are not responsible for, the safety, quality, accuracy, reliability, integrity, or legality of any such goods or services advertised, promoted, or displayed on the Site.

The Site may allow you to link to other websites, services, or resources on the internet, and other websites, services, or resources may contain links to the Site. The use of any website controlled, owned, or operated by third parties is governed by their respective terms and conditions of use and privacy policies, not by these Terms. When you access third-party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resources. It is your responsibility to protect your systems from items such as viruses, worms, Trojan horses, and other destructive elements. We expressly disclaim any liability arising from your use and/or viewing of any websites or other material associated with third-party links that may appear on the Site. You hereby agree to hold us harmless from any liability that may result from the use of third-party links that may appear on the Site.

REFUND POLICY

Please note that Tune Academy generally does not offer refunds for services purchased through the Site, as stated in the section regarding "The Website."

However, in cases where a refund is exceptionally approved by Tune Academy, the refund process will be facilitated by our payment partner, Razorpay. All refunds, once processed by Tune Academy through Razorpay, will typically be credited back to the user's original payment method (bank account or other) within 5-7 business days. Tune Academy is not responsible for any delays caused by Razorpay or the user's bank in processing the refund, or for any issues with the user's bank account details.

INFRINGEMENT

We respect the intellectual property rights of others and strictly prohibit users from posting any content on the Site that violates a person’s intellectual property rights. If you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without authorization on this Site in a manner that constitutes an infringement of your copyright under Indian law, please write to us at info@tuneagency.in and provide us with all relevant information, including those prescribed under applicable laws.

GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

These Terms will be governed by the laws of India, without regard to conflict of law principles. Furthermore, the courts at Mumbai, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms, and you agree to irrevocably submit to the exclusive jurisdiction of such courts.

The concerned parties shall amicably resolve any and all disputes arising out of or in connection with these Terms. If amicable resolution fails, the disputes shall be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator to be appointed by us. Any arbitral award shall be final and binding on the parties. The seat and venue of the arbitration shall be Mumbai, India. The language of arbitration shall be English.

Nothing in this paragraph shall prevent us from applying for and obtaining any injunctive, prohibitory, equitable, or other similar urgent or interim relief from a court of law, if such judicial process is necessary to prevent serious and irreparable injury.

TERMINATION

You may stop using the Site at any time. If you wish to terminate your account, you may do so by writing to us at info@tuneagency.in.

We may, at any time, terminate your right to access and use of the Site if you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms).

We may, at any time, terminate your right to access and use of the Site if we are required to do so by applicable law.

Upon termination, all licenses and any other rights and services provided by us shall cease immediately. Any such termination may result in the forfeiture and destruction of information associated with your account.

Upon termination, any and all rights granted to the user will immediately be terminated, and the user shall promptly discontinue all use of the Site.

Termination of these Terms, or any license, or user's access to the Site shall be without prejudice to our accrued rights.

All provisions of these Terms which, by their nature, should survive termination shall survive termination, including, without limitation, the provisions governing any licenses you have granted to us, ownership of intellectual property, warranty disclaimers, indemnity, and limitation of liability.

MISCELLANEOUS PROVISIONS

Electronic Record: These Terms constitute an electronic record within the meaning of applicable law and do not require any physical or digital signatures.

Force Majeure: We shall not be liable to the users or any other persons or be deemed to be in breach of these Terms by reason of any delay or deficiency in performing, or any failure to perform, any of its obligations in relation to the Site or other obligations caused by circumstances beyond our reasonable control, including, but not limited to, acts of God, war, acts of terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, or failure of telecommunications or computing facilities.