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 Terms and Conditions

 

User Agreement:

 

The Terms and Conditions (T&C.S) contained herein along with the Privacy Policy and Terms of Use, form an Agreement regulating our relationship with regard to the use of SoundMonk Music Platform (Site) by you.

 

Please read this Agreement carefully. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time. SoundMonk may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

 

Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.

 

Definitions:

 

 

 

"Agreement" means the Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use including other T&C at other portals of SoundMonk Instruments under the SoundMonk brand name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced.

 

"Site" means the SoundMonk online shopping platform owned and operated by SoundMonk Music, which provides a venue to the users of soundmonk.com to buy the products listed / displayed by the website either by SoundMonk or by any third party vendor.

 

"Vendor" / "seller" / "affiliates" shall mean the person or any legal entity who offers for sale, sells, puts for auction the products on the soundmonk.com / website.

 

"User/You" means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale of the Vendor / Seller products, through “SoundMonk” by placing its order on this Site.

 

"Product/s" connotes the goods, services promoted / displayed on the Site and offered for any use / sale.

 

 

 

Acceptance:

 

 

 

By purchasing products and/or services from the site, you agree to be bound by and accept this Agreement. Orders are not binding upon SoundMonk until accepted by SoundMonk. We reserve the right to refuse service to anyone. SoundMonk will indicate its acceptance of an order by acknowledging your order by reply email and by shipping the ordered items to you.

 

 

 

Agreement:

 

The agreement between you and SoundMonk is subject to the following terms and conditions :

 

1. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian to make the purchase on SoundMonk.

 

2. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of SoundMonk you agree to be bound by the Terms and Conditions.

 

3. All prices, unless indicated otherwise are in Indian Rupees.

 

4. By indicating User's acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.

 

 

 

5. Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.

 

6. In a credit card transaction, you must use your own credit card. SoundMonk will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

 

7. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.

 

8. Shipment/delivery time of order processing starts from the day of receipt of the payment/COD(Cash on Delivery)confirmed against the order placed with SoundMonk.The Shipment /Delivery time is an approximate time mentioned by SoundMonk against each product. SoundMonk shall not be liable for any delay / non-delivery of purchased goods due to the Vendors, flood, fire, wars, acts of God or any cause that is beyond the control of SoundMonk.

 

9. The User agrees to use the services provided by SoundMonk, its affiliates, consultants and contracted companies, for lawful purposes only.

 

10. The User agrees to provide authentic and true information. SoundMonk reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), SoundMonk has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and / or other affiliated websites without prior intimation whatsoever.

 

11. SoundMonk will not be responsible for any damage suffered by users from use of the  products/ services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the SoundMonk/vendor/supplier. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

 

12. Cancellation, on user's request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.

 

13. All order/sub orders cancelled will be refunded as per the payment mode selected by customer except for COD/Cheque paymode, where refund shall be processed via Payorder/Demand-draft/Cheque/NEFT.

 

14. Delivery of orders would be done address specific not person specific.

 

15. The SoundMonk Gift Certificate issued by SoundMonk shall be sent on the email id mentioned on the billing address only.

 

16. For reported defects on products with manufacturer's warranty the customer needs to contact the relevant service center of the manufacturer, respectively. SoundMonk shall not be held responsible for any refund claim in such a case from the customer.

 

17. SoundMonk reserves the right to cancel any order placed using Credit Card which holds International Billing Address.

 

18. Octroi charges may be levied on some products displayed on the site .These charges are not refundable and shall be borne by the customer. In the event of cancellation of the order, the Octroi or any other charges levied shall not be refunded.

 

19. We (SoundMonk) as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

 

 

 

 

 

Typographical Errors and Product Description:

 

SoundMonk.com and its affiliates attempt to be as accurate as possible. However, SoundMonk.com makes no warranties that the product description and any other content of its site are accurate, complete, reliable, current or error free. The product offered by SoundMonk.com itself is not as described and its sole remedy is to return in its unused condition.In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, SoundMonk shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. SoundMonk shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SoundMonk shall issue a credit to your credit card account in the amount of the charge.

 

 

Prohibited Activities:

 

You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that

 

(a) belongs to another person and to which you do not have any right to;

 

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

 

(c) harm minors in any way;

 

(d) infringes any patent, trademark, copyright or other proprietary rights;

 

(e) violates any law for the time being in force;

 

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

 

(g) impersonate another person;

 

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

 

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

Any content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

 

 

 

 

 

Shipping and Handling

 

We will arrange for shipment of the products to you. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Title and risk of loss and damages pass on to you upon the products delivery to you. In case reverse shipment cannot be arranged by us due to unavailability of our logistics partners, then in that case you may be requested to send such products through any available courier services. All shipping charges are to be borne by the customer unless authorized with Free Shipping Services. For warranty claims or any after Sales service, the customer has to ship the product to the nearby service station and the cost of shipping needs to be borne by the customer. Please refer to shipping policy for all the details.

 

 

Changes and Cancellation

 

Any item additions, quantity changes or specification changes made to accepted orders will be modified in the order details. All sales are final, provided, however, item cancellations and quantity reductions may be made before the order is shipped. We may, without liability, cancel any accepted order before shipment if our credit department does not approve your credit or if there are other problems with the payment mode selected by you.

 

 

License and Website Access

 

General: SoundMonk.com grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www.SoundMonk.com.

 

No license for commercial sale: This license does not include any resale or commercial use of this website or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools.

 

No reproduction: This website or any portion of this website may not be reproduced, duplicated, copies, sold, visited, or otherwise exploited for any commercial purpose without express written consent of SoundMonk.com.

 

No framing: You may not frame or utilize framing technologies to enclose any trademark, logo, or other proprietary information ( including images, text, page layout, or form) of SoundMonk.com and its affiliates without the express written consent.

 

Metatags: You may not use any metatags or any other 'hidden text' utilizing SoundMonk.com's name or trademarks without the express written consent of SoundMonk.com. Any unauthorized use terminates the permission or license granted by SoundMonk.com.

 

 

 

Your Account

 

Protection of Your Account: As discussed further in the website's privacy policy, by using this website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account or password. Use of the SoundMonk website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the SoundMonk website.

 

Use by Children: As discussed further in the website Privacy Policy, SoundMonk.com does sell products for children, but it sells them to adults. If you are under age of 18 years, you may use SoundMonk.com only with involvement of a parent or guardian. SoundMonk.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of the SoundMonk website or can use the SoundMonk website as a Guest User. SoundMonk reserves the right to terminate your registration and refuse to provide you with access to the SoundMonk website if it is brought to SoundMonk’s notice or if it is discovered that you are under the age of 18 years.

 

 

 

Reviews, Comments, Communications, and other content

 

Nature of content: Visitors to SoundMonk.com may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights to otherwise injuries to third party or objectionable and does not consist of or contains software virus, political campaigning, commercial solicitation, mass mailing or any form of spam.

 

False information: You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SoundMonk.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted contents.

 

Rights Granted: If you do post content or submit material and unless we indicate otherwise, you grant SoundMonk.com and its affiliates a non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensed right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such content throughout the world in any media. You grant SoundMonk.com and its affiliate sites and sub-license the right to use the name that you submit in connection with such content if SoundMonk.com chooses.

 

Right Owned: You represent and warrant that you own all the rights or otherwise or control all of the rights to the content that you post; that the content is accurate; that the use of the content to supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify SoundMonk.com or its affiliate for all claims resulting from the content you supply. SoundMonk.com has the right but not the obligation to monitor and edit or remove any activity or content. SoundMonk.com takes no responsibility and assumes no liability for any content posted by you or any third party.

 

 

Risk of Loss

 

All items purchased from SoundMonk.com are made pursuant to the shipment contract. This means that the risk of loss and title for such item passes on to you upon the products delivery.

 

 

Site Policies, Modification, and Severability:

 

Please review our other policies. We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions.

 

 

Intellectual Property Rights:

 

Copyright Protection: All content included on this site, such as text, graphics, logos, button icons, audio clips, digital downloads, data compilations and software, is the property of SoundMonk.com or its affiliate sites and protected by the Indian Copyright law. The compilation of all the content on this site is the exclusive property if SoundMonk.com and protected by Indian Copyright law. All software used in this site is the property of SoundMonk.com and is protected under the Indian Copyright law.

 

Trademarks:

 

i. Protected Marks: , SoundMonk Music, www.SoundMonk.com, SoundMonk.com & design, SoundMonk.com books, products, and other marks indicated on the website are trademarks of SoundMonk Music.

 

ii. Protected Graphics: All SoundMonk.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of SoundMonk.com. SoundMonk.com's trademarks and trade dress may not be used in connections with any product or service that is not of SoundMonk.com. All other trademarks not owned by SoundMonk.com or its affiliates that appear on SoundMonk.com or its affiliate sites are the property of their respective owners, who may or may not be affiliated with, connected to, associated with SoundMonk.com or its affiliates.

 

 

Governing Law and Jurisdiction:

 

These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Mumbai, Maharashtra shall have jurisdiction, to the exclusion of all other courts.

 

 

 

Disclaimer of warranties and limitation of liability:

 

SoundMonk has made this service available to use as a matter of convenience. SoundMonk expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. SoundMonk also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SoundMonk does not warrant that this site, its servers, or e-mail sent from SoundMonk are free of viruses or other harmful components. SoundMonk will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

The Service(s) of SoundMonk is provided on an "as is" basis without warranties of any kind, whether express or implied. SoundMonk does not represent or warrant maintaining the confidentiality of information; although SoundMonk's current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or express, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor

 

SoundMonk does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.

 

SoundMonk will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

 

SoundMonk assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

 

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The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.

 

 

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Any interruption or errors in the operation of the Website. You expressly understand and agree that SoundMonk shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SoundMonk has been advised of the possibility of such damages)

 

User agrees and acknowledges that User shall be solely responsible for User's conduct and that SoundMonk reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall SoundMonk, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SoundMonk sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.

 

SoundMonk therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

 

All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of SoundMonk and orders can be cancelled if the product goes out of stock with the Vendor/Seller. SoundMonk reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by SoundMonk the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.

 

In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. SoundMonk will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.

 

Any request for cancellation of orders once duly placed on the site, shall not be entertained.

 

In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by SoundMonk for re-delivery shall be claimed from the User placing the order.

 

All products are duly screened and assured by SoundMonk and its vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on SoundMonk on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on SoundMonk is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to SoundMonk. SoundMonk does not take any responsibility for any incorrect or error in the display/showcase of such information.

 

Presently, the service(s) of SoundMonk are being offered free. However, SoundMonk reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes as per the terms of the buyer/seller. SoundMonk and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.

 

 

Entire Agreement:

 

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

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