Terms and conditions
Terms & Conditions
These Terms and Conditions, together with Your Order or
Subscription (as defined below) form set out the standard terms under which we
will supply our products and/or services to You (“Terms and Conditions”).
● (A)
Please read these Terms and Conditions carefully and ensure that You
understand them before purchasing a Subscription. If You have any query about
anything in these Terms and Conditions, please contact Us to discuss.
● (B) All
of the information that We give to You will be part of the terms of Our
Contract with You as a Consumer whether it is information that We:
○ (i) are
required by law to give to You before You make an Order or request a
Subscription; or
○ (ii)
voluntarily give to You and You rely on it either when deciding to make
an Order or request a Subscription or when, subsequently, You make any decision
about the Services.
● (C)
These Terms and Conditions apply to the use of our Website.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context
otherwise requires, the following expressions have the following meanings:
“Access” means You accessing the Platform using Your login
credentials;
“Account” means the Account, referred to in sub-Clause 3.4,
that You must set up with Us in order to purchase any Subscription;
“Consumer” means an individual customer who purchases any
Subscription or Order comprising of any Content which is to be received or used
for their personal use and for purposes wholly or mainly outside the purposes
of any business, trade, craft, or profession, also referred to in these Terms
and Conditions as “You/Your”;
“Content” means any Content provided to You by Us as part of
either Your Order or Subscription;
“Contract” means the contract between Us and You formed as
set out below when You purchase from Us;
“Fees” means the Fees payable by You to Studio A in order for You
to access the Platform and/or Your Order; and
“Month” means a calendar month;
“Order” means an Order for an individual workshop which is
not part of the Subscription or other products from our shop;
“Platform” means the Platform on which Your Subscription or
Order will be hosted;
“Price” means the Price You pay for the Subscription or
Order;
“Subscription” means Access to the Content for a fixed period
of time which shall include (but is not limited to); Access to a closed
Facebook group, Access to an online course, Access to a backlog of pre-
recorded tutorials, Access to recorded livestream sessions, or Access to paid
workshops which shall be provided by Us to You as part of Your Subscription or
Order;
“We/Us/Our” means Studio A
H. No: 199, 1st Floor, Diamond Point Rd,
above Taruni Super Market, Sikh Village, Bowenpally, Secunderabad, Telangana
500009
“Website” Our Website which is https://www.amritagandhi.com
Each reference in these Terms and Conditions to “writing” and
any similar expression means electronic communications sent by e-mail.
2. Information About Us
2.1 Studio A
H. No: 199, 1st Floor, Diamond Point Rd, above
Taruni Super Market, Sikh Village, Bowenpally, Secunderabad, Telangana 500009
3. The Contract
3.1 These Terms and Conditions govern Your purchase from Us
and will form the basis of the Contract between Us and You. Before submitting a
request for an Order or a Subscription, please ensure that You have read these
Terms and Conditions carefully. If You are unsure about any part of these Terms
and Conditions, please ask Us for clarification.
3.2 When You purchase
a Subscription to Access Content, We will grant You a limited, non-exclusive,
non-transferable, non-sublicensable licence for You to Access, participate in
and use the relevant Content for Your personal, non-commercial purposes. The
licence granted does not give You any rights in Our Content other than may be
set out in these Terms and Conditions (including any material that We may
licence from third parties).
3.3 Nothing provided
by us including any information on our Website other than as set out in these
terms and conditions constitutes a contractual offer capable of acceptance.
Your request for an Order or a Subscription constitutes a contractual offer
that We may, at our discretion, accept.
3.4 A legally binding
Contract between Us and You will be created upon our acceptance of Your Order
or Subscription request, indicated by a successful Account set-up or email
confirmation.
3.5 We shall ensure
that the following information is given or made available to You prior to the
formation of the Contract between Us and You, save for where such information
is already apparent from the context of the transaction:
3.5.1 the main
characteristics of the Subscription or Order;
3.5.2 Our identity
(set out above in Clause 2) and contact details (as set out below in Clause
12);
3.5.3 the total Price
You pay for Your purchase including taxes;
3.5.4 when You pay,
and when You can expect to receive Your purchase;
3.5.5 Our complaints
handling policy;
3.5.6 in the case of a
Subscription, when it starts;
3.5.7 in the case of
an Order, details of that Order;
3.5.8 where
applicable, any relevant compatibility of digital Content with hardware and
software that We are aware of or might reasonably be expected to be aware of.
4. Access to the
Services
4.1 These Terms and
Conditions set out Your use of the products and services and come into force as
soon as Your Subscription or Order is confirmed.
4.2 Only You may
Access the Platform.
4.3 If You do not
agree to all of the Terms and Conditions You are not authorised to Access the
Platform.
4.4 You shall not do
any of the following:
4.4.1 distribute, sell, copy, modify, supply, alter adapt, supply, translate,
amend, incorporate, merge, or otherwise alter the Content provided to You by
Studioa.
4.4.2 attempt to decompile, reverse engineer or
otherwise disassemble any Content provided by Studio A
4.4.3 attempt to copy, decrypt, duplicate, sell,
lease, sub-license, rent, share, re-publish or redistribute any Content, nor
any part thereof made accessible to You by Studio A.
4.4.4 remove or alter any logo, watermark,
trademark, trade name, copyright, or other proprietary notification or marking
affixed to or embedded in any Content.
4.5 To use the
Platform, You will be required to provide information to create a login such
as:
4.5.1 name; and
4.5.2 email address.
4.6 The login
credentials are personal to each registered user of the Platform. You agree to
notify Us immediately of any unauthorised use of Your password or Account and
to reimburse us for any improper, unauthorised, or illegal use of the same by
You or by any person obtaining Access to the Platform or otherwise, by using
Your designated username and password, whether or not You authorised such
Access.
5. Fees and Payment
5.1 You must pay the
Fees before You will be able to Access Your
Subscription or Order.
5.2 If You do not pay
the Fees in accordance with clause 5.1 then without prejudice to any other
rights or remedies,Studio A
may:
5.2.1 suspend and/or
disable Your Access to all or part of the Platform, and We shall be under no
obligation to provide any products or services until You have paid; and
5.2.2 delete Your
Account without further notice to You.
5.3 All Fees are
payable in Sterling or US Dollars and are exclusive of value added tax and/or
any other applicable taxes, which may be applied from time to time at the
prevailing rate.
5.4 All Fees shall be
paid by credit or debit card. All credit card and debit card payments are
processed through PayPal and/ or Stripe or such other payment processor as Studio Amay decide to
nominate from time to time. As such, Your card details used for payment are not
stored onStudio A servers,
and payments cannot be taken through any customer support channels.
Accordingly, Studio A takes
no responsibility for the security of Your payment card information.
5.5 Studio A reserves the
right to change the Fees at any time without notice.
5.6 Where You cancel
Your Subscription or Order, any refund will be made in accordance with clause
11 (Cancellation).
5.7 Subscription Fees will either be payable monthly or
yearly in advance and charged to Your registered credit or debit card.
5.8 Late payments will
incur an interest charge on the overdue sum at the rate of 8% per annum.
Interest will accrue on a daily basis from the due date for payment until the
actual date of payment of the overdue sum, whether before or after judgment.
You must pay any interest due when paying an overdue sum.
5.9 The provisions of sub-Clause 5.8 will not apply if You
have promptly contacted Us to dispute a payment in good faith. No interest will
accrue while such a dispute is ongoing.
6. Providing the
Services
6.1 Your Subscription
and/or Order will start on the date confirmed in Your
email confirmation.
6.2 Subscriptions are for a minimum period of 1 (one) Month
from the date We confirm Your purchase. Subscriptions will automatically roll
over on a Month-by-Month basis, or annually on the anniversary of Your
purchase. Unless cancelled in accordance with clause 11 (Cancellation), Your
Subscription will continue.
6.3 In certain
circumstances, where You provide incomplete information, delays to the delivery
of products and services may occur.
6.4 In certain
circumstances, for example where We encounter a technical problem, We may need
to suspend the services in order to resolve the issue. Unless the issue is an
emergency and requires immediate attention, We will inform You in advance in
writing before suspending the Services.
6.5 We reserve the
right to make changes to our Content at any time (this includes but is not
limited to courses or live sessions, for example). In these cases, we will
endeavour to keep You informed of any changes on our Platform or to Our
services.
6.6 We reserve the
right to refuse to accept admission to Subscriptions and/ or Content (this
includes but is not limited to courses or live sessions, for example).
7. Intellectual
Property Rights and Copyright
7.1 The Content and
related documentation are copyright works of authorship and are also protected
under applicable database laws. Studio A or its third-party collaborators retain ownership of
the Content, all subsequent copies of the Content and all intellectual property
rights subsisting therein, regardless of the form in which such copies may
exist. These Terms and conditions do not constitute a sale of the Content or
any copies thereof.
7.2 Without limiting
clause 7.1, the Content, the Website, and any related products and/ or services
(including without limitation text, text elements, logos, buttons, images,
icons, source code, site design, structure, layout, distribution and Content
connected with the services as well as the selection, assembly and arrangement
thereof are owned by or licensed to Studio Aor otherwise used by Studio A as permitted by law and are protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws. All rights not expressly granted to You in these
Terms and Conditions are reserved to Studio A, or its licensors.
7.3 Access to the
Platform and the Content provided byStudio A is on the basis of the limited and terminable licence
set out in clause 3.2 only and are not being sold to You. No automatic
ownership, resale, reproduction, or distribution rights in respect of the
Content are granted through such licence.
7.4 Access and payment
for the Subscription and/ or Orders does not grant You ownership of any
intellectual property rights (including for the avoidance of doubt, copyright,
trademarks, patent, database rights, design rights or any other rights whether
registered or unregistered or a similar nature anywhere around the world) to
the Content.
7.5 You are not
permitted to use, reproduce, share, or redistribute any of the Content without
written permission from Us.
7.6 You are not
permitted to remove, obscure, or alter any legal notices or watermarks
displayed in or along with the Content.
8. Problems with the
Platform and Your Legal Rights
8.1 We always use
reasonable efforts to ensure that Our Platform is trouble- free. If, however,
there is a problem with the Platform, We request that You inform Us by emailing
us at studioa.amrita@gmail.com
as soon as is reasonably possible.
8.2 We will use
reasonable efforts to remedy problems with the Platform as quickly as is
reasonably possible and practical.
8.3 As a Consumer, You
have certain legal rights with respect to the purchase of services. For full
details of Your legal rights and guidance on exercising them, it is recommended
that You contact Your local Citizens Advice Bureau or Trading Standards Office.
If We do not perform the services with reasonable skill and care, You have the
right to request repeat performance or, if that is not possible or done within
a reasonable time without inconvenience to You, You have the right to a
reduction in Price. If the services are not performed in line with information
that We have provided about them, You also have the right to request repeat
performance or, if that is not possible or done within a reasonable time
without inconvenience to You (or if Our breach concerns information about Us
that does not relate to the performance of the services), You have the right to
a reduction in Price. If for any reason We are required to repeat the services
in accordance with your legal rights, We will not charge You for the same and
We will bear any and all costs of such repeat performance. In cases where a
Price reduction applies, this may be any sum up to the full Price and, where
You have already made payment(s) to Us, may result in a full or partial refund.
Any such refunds will be issued without undue delay (and in any event within 14
calendar days starting on the date on which We agree that You are entitled to
the refund) and made via the same payment method originally used by You unless
You request an alternative method. In addition to Your legal rights relating
directly to the services, You also have remedies if We use materials that are
faulty or incorrectly described.
9. Our Liability
9.1 In no event will Studio A be liable for
any indirect or consequential loss or damage whatsoever resulting from the
disclosure of Your username and/or password. You may not use another person’s
Account at any time.
9.2 We will be
responsible for any foreseeable loss or damage that You may suffer as a result
of Our breach of these Terms and Conditions or as a result of Our negligence.
Loss or damage is foreseeable if it is an obvious consequence of the breach or
negligence or if it is contemplated by You and Us when the Contract is created.
We will not be responsible for any loss or damage that is not foreseeable.
9.3 We will not be
liable to You for any loss of profit, loss of business, interruption to
business or for any loss of business opportunity.
9.4 Nothing in these
Terms and Conditions seeks to exclude or limit Our liability for death or
personal injury caused by Our negligence, or for fraud or fraudulent
misrepresentation.
9.5 Nothing in these
Terms and Conditions seeks to exclude or limit Your legal rights as a Consumer.
For more details of Your legal rights, please refer to Your local Citizens
Advice Bureau or Trading Standards Office.
10. Events Outside of
Our Control (Force Majeure)
10.1 We will not be
liable for any failure or delay in performing Our obligations where that
failure or delay results from any cause that is beyond Our reasonable control.
Such causes include, but are not limited to: power failure, internet service
provider failure, strikes, government action, lock-outs or other industrial
action by third parties, riots and other civil unrest, fire, explosion, flood,
storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts
of war (declared, undeclared, threatened, actual or preparations for war),
epidemic, pandemic or other natural disaster, or any other event that is beyond
Our reasonable control.
10.2 If any event
described under this Clause 10 occurs that is likely to adversely affect Our
performance of any of Our obligations under these Terms and Conditions:
10.2.1 We will inform
You as soon as is reasonably possible;
10.2.2 Our obligations
under these Terms and Conditions will be suspended and any time limits that We
are bound by will be extended accordingly;
10.2.3 We will inform
You when the event outside of Our control is over and provide details of any
new dates, times or availability of Services as necessary; 10.3 If an event outside of Our control occurs and
You wish to cancel the Contract, You may do so in accordance with Your right to
Cancel under sub-Clause 11.7.3. Any refunds due to You as a result of that
cancellation will be paid to You as soon as is reasonably possible, and in any
event within 14 Calendar Days of Our acceptance of Your cancellation notice;
10.4 If the event
outside of Our control continues for more than 4 weeks, We will cancel the
Contract in accordance with Our right to cancel under sub-Clause 11.4 and
inform You of the cancellation. Any refunds due to You as a result of that
cancellation will be paid to You as soon as is reasonably possible, and in any
event within 14 Calendar Days of Our cancellation notice.
11. Cancellation
11.1 You may cancel
Your Order or Subscription request within 14 days of placing it. If You have
already made any payments to Us under Clause 5, the payment(s) will be refunded
as soon as is reasonably possible, and in any event within 14 Calendar Days of
Our acceptance of Your cancellation.
11.2 No refund will be
issued for cancellations made under clause 11.1 where You have accessed
Content.
11.3 Cancellation
requests should be made through Your membership Account via the Platform.
11.4 Studio A reserves the
right to charge a cancellation fee where cancelled after the 14-day period has
passed under clause 11.1.
11.5 We may cancel
Your Order or Your request for Subscription at any time before We begin
providing the services due to the unavailability of required personnel or
materials, or due to the occurrence of an event outside of Our reasonable
control. If such cancellation is necessary, We will inform You as soon as is
reasonably possible. If You have made any payments to Us under Clause 5, the
payment(s) will be refunded as soon as is reasonably possible, and in any event
within 14 Calendar Days of Us informing You of the cancellation. Cancellations
will be confirmed in writing.
11.6 We reserve the
right to cancel Your Order or Subscription and/ delete Your Account in the
event You:
11.6.1 breach these
Terms and Conditions; or
11.6.2 Your conduct on
Our Platform is deemed to contravene our core values and rules (This includes
Your conduct on our social media Platforms);
11.6.3 You fail to
make payment of the Fees.
11.7 In the case of a
Subscription, You are free to cancel the Contract at any time and if cancelled,
Your Access to the Content will end on Your next payment date.
11.8 In the case of an
Order, unless cancelled in accordance with clause 11.1, no refund will be
issued.
11.9 You will not be
required to give 30 days’ notice in these circumstances:
11.9.1 We have
breached the Contract in any material way and have failed to remedy that breach
within 30 days of You asking Us to do so in writing; or
11.9.2 We enter into
liquidation or have an administrator or receiver appointed over Our assets; or
11.9.3 We are unable
to provide the services due to an event outside of Our control (as under
sub-Clause 10.2.4); or
11.9.4 We change these
Terms and Conditions to Your material disadvantage.
11.10 We may cancel
Your Order before delivery under sub-Clause 10.2.5.
12. Communication and
Contact Details
12.1 If You wish to
contact Us, You may do so by email at
studioa.amrita@gmail.com
12.2 In certain
circumstances You must contact Us in writing When contacting Us in writing You
may contact Us by email at
studioa.amrita@gmail.com.
13. Complaints and
Feedback
13.1 We always welcome
feedback from Our customers and, whilst We always use all reasonable endeavours
to ensure that Your experience as a customer of Ours is a positive one, We
nevertheless want to hear from You if You have any cause for complaint.
13.2 If You wish to
complain about any aspect of Your dealings with Us, including, but not limited
to, these Terms and Conditions, the Contract, the Privacy Policy, or the
Services, please contact Us by email, addressed to Madhubanti Mukherjee, studioa.amrita@gmail.com.
13.3 All complaints
will be responded to within 10 days of the date of receipt. If You are not
satisfied with how we deal with Your complaint You may contact the Ombudsman
Services, whose contact details can be found at https://www.ombudsman-services.org.
14. How We Use Your
Personal Information (Data Protection)
We will only use
Your personal information as set out in Our Privacy Policy which is available
on our Website available at www.amritagandhi.com
15. Other Important
Terms
15.1 We may transfer
(assign) Our obligations and rights under these Terms and Conditions (and under
the Contract, as applicable) to a third party (this may happen, for example, if
We sell Our business). If this occurs You will be informed by Us in writing.
Your rights under these Terms and Conditions will not be affected and Our
obligations under these Terms and Conditions will be transferred to the third
party who will remain bound by them.
15.2 You may not
transfer (assign) Your obligations and rights under these Terms and Conditions
(and under the Contract, as applicable) without Our express written permission.
15.3 The Contract is
between You and Us. It is not intended to benefit any other person or third
party in any way and no such person or party will be entitled to enforce any
provision of these Terms and Conditions.
15.4 If any of the
provisions of these Terms and Conditions are found to be unlawful, invalid, or
otherwise unenforceable by any court or other authority, that / those
provision(s) shall be deemed severed from the remainder of these Terms and
Conditions. The remainder of these Terms and Conditions shall be valid and
enforceable.
15.5 No failure or
delay by Us in exercising any of Our rights under these Terms and Conditions
means that We have waived that right, and no waiver by Us of a breach of any
provision of these Terms and Conditions means that We will waive any subsequent
breach of the same or any other provision.
16. Governing Law and
Jurisdiction
16.1 These Terms and
Conditions, the Contract, and the relationship between You and Us (whether
contractual or otherwise) shall be governed by and construed in accordance with
the law of England & Wales.
16.2 As a Consumer,
You will benefit from any mandatory provisions of the law in Your country of
residence. Nothing in Sub-Clause 16.1 above takes away or reduces Your rights
as a Consumer to rely on those provisions.
16.3 Any dispute,
controversy, proceedings or claim between You and Us relating to these Terms
and Conditions, the Contract, or the relationship between You and Us (whether
contractual or otherwise) shall be subject to the jurisdiction of the courts of
England and Wales.