User Terms and Conditions
These User Terms and Conditions under (“User Terms”) govern your access to and use of our website https://www.genrockind.com/ (“Website”) operated under the brand name of ‘GenRock’ for general browsing, availing Services (as defined below) and to all information provided to You on or through the Website. The Website is owned, managed and operated by GenRock Entertainment Private Limited (hereinafter referred as “Us”/ “We”/ “GenRock”).
Please read these User Terms carefully before accessing or using the Services and/or the Website or any part thereof. By accessing or using any part of the Services and/or Website, the User (as defined below) agrees to be bound by these User Terms. If You do not agree to all the terms and conditions of this User Terms, then YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES PROVIDED BY GENROCK THROUGH THE WEBSITE.
These User Terms form a legal and binding agreement between You and GenRock. The User Terms are electronic record made pursuant to the terms of the Information Technology Act 2000 and the rules made thereunder as applicable and amended from time to time. The User Terms are generated by computer system and does not require any physical or digital signature.
The term “You/ Your” refers to the User of Services and Website.
1.1. “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question;
1.2. “Services” shall include, without limitation, instruments on rent, music production, song recording and mixing, video production, song distribution, gigs/stage performance and other services as may be provided by GenRock from time to time.
1.3. “User” shall mean any individual or entity as approved by GenRock to avail Services.
2.1. A User approved by GenRock shall have the right to use the Services provided by GenRock.
2.2. User represents and warrants that the User (a) is at least 18 (eighteen) years old. In the event the User is under the age of 18 (eighteen) years, You represent and warrant that You have the requisite consent from Your legal guardians and are using Services and/or Website under their supervision; (b) is competent to form a binding contract under the Indian Contract Act, 1872; (c) has not previously been suspended or removed from using GenRock’s Services and/or Website or any part thereof.
3. Acceptance of these User Terms
3.2. GenRock reserves the right, at its sole discretion, to change, modify, add or remove portions of these User Terms, at any time without any prior written notice to the User. It is the User’s responsibility to review these User Terms periodically for any updates/ changes. User’s continued use of the Services and/or Website following the modification of these User Terms will imply the acceptance by the User of the revisions.
4.1. Talent Curation
4.1.1. GenRock provides Talent Curation service through the Website which includes, without limitation, arranging stage performance, gigs, access to jam pads and studios.
4.1.2. GenRock may engage third party service provider for provision of Talent Curation service. The User acknowledges and agrees to abide by terms and conditions of the third party service provider.
4.1.3. The User understands and agrees that GenRock shall act as an intermediary between the third party service provider and the User. In no event GenRock shall be liable for failure of third party service provider to provide the Talent Curation service.
4.1.4. The User may provide links, videos, music, song or other content of like nature to GenRock (collectively “User Content”).The User hereby grants GenRock a limited, non-transferable, royalty-free and irrevocable licence to GenRock to access and use the User Content. User Content shall be used by GenRock solely for the purpose of provision of Talent Curation service, either directly or through third party service provider.
4.2. Audio and Video Production and Publishing
4.2.1. GenRock provides audio production, video production and distribution services. These services may be provided by third party service providers. The User agrees to comply with terms and conditions of the third party service provider.
4.3. Instrument Rental
4.3.1. GenRock provides music instruments and equipment (“Product”) on rent basis for specific period of time upon payment of the rental fee (“Rental Fee”) and refundable interest free security deposit (“Security Deposit”) by User to GenRock.
4.3.2. Rental fee shall be exclusive of taxes, cess and other levies payable under the Applicable Laws.
4.3.3. Upon return of the Product, if any damage is found to the Product, or in the vent of no-return of the Products or its part (collectively “Damages”), GenRock reserves the right to deduct monetary value of the Damages, as assessed solely by GenRock, from the Security Deposit. If the assessed value of Damages is greater than the Security Deposit, GenRock shall raise an invoice of such excess value of Damages. The User shall pay the invoice within seven (7) days of receipt of the invoice.
4.3.4. While placing order of the Product, the User shall provide government issued photo-id for the purpose of identity verification.
4.3.5. The Product provided for rent is and shall at all times be and remain the sole and exclusive property of GenRock; as the case may be and the User shall have no right, title or interest therein or thereto except as expressly set forth in these User Terms. Nothing in this User Terms shall be construed as a transfer of ownership of the Products to the User. The User shall give immediate notice to GenRock if any of the Products are about to become liable or are threatened with seizure and the User shall indemnify GenRock against all loss and damages caused by such action against its Products.
4.4. GenRock shall maintain necessary records in respect of the transactions entered into by the User and GenRock. The User agrees that such records as maintained by GenRock shall be sufficient proof of the transactions entered into between the User and GenRock and the amounts due thereto, which the User shall not dispute.
4.5. GenRock reserves the right to change the nature of Services from time to time without any prior notice.
4.6. User acknowledges and agrees that GenRock may stop (permanently or temporarily) providing the Services (or any features within the Services) to Users at GenRock’s sole discretion, without prior notice to the User. The User may stop using the Services at any time, provided that amounts that are due from the User to GenRock under these User Terms shall be discharged by the User. The User does not need to specifically inform GenRock when it stops using the Services.
5. User Accounts, Offers and Promotions
5.1. To avail the Services of GenRock, User is required to create an account (“Account”) on the Website. GenRock collects certain general user data including Your name, email id, contact number and link of social media profile.
5.2. User represents and warrants that all the details provided by it are true, correct, accurate, complete, and up to date. In the event of any change, You agree to update the details on the Account in a prompt and swift manner. GenRock can verify the information that You have provided and choose to refuse to provide the Services and/or use of the Website without providing reasons. Additionally, misuse and misrepresentation of any information provided by You will lead to automated termination of Services without any prior notice to You.
5.3. User understands and agrees that You are responsible for maintaining the confidentiality and security of Your Account, password, activities that occur in or through Your Account. You agree to accept responsibility for restricting and preventing unauthorized access to Your Account. You agree to accept responsibility for all activities that occur under Your Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform GenRock immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
6. Usage Conditions
6.1. User agrees to use the Services and/or Website only for the purposes that are permitted by a) the User Terms; and b) any Applicable Laws as amended from time to time being in force.
6.2. In addition to other prohibitions set forth in the User Terms, You are prohibited from using the Services and/or Website to host, display, upload, modify, publish, transmit, update or share any information that:
6.2.1. belongs to another person and to which the User does not have any right;
6.2.2. grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
6.2.3. harm minors in any way;
6.2.4. infringes any patent, trademark, copyright or other proprietary rights;
6.2.5. violates any Applicable Laws for the time being in force;
6.2.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6.2.7. impersonates another person;
6.2.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
6.2.9. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
6.3. GenRock reserves the right to terminate Your use of the Services and/or the Website or any related website for violating any of the prohibited uses.
7. Licences and Access
7.1. All intellectual property in or of the Website belongs to or is licensed to GenRock. GenRock grants User a limited, non-transferable and revocable license to access and use the Website or any part thereof, but not to download any material from it (other than page caching) or modify it, or any portion of it for commercial use. Any unauthorized access to the Website (or any part thereof) or any networks, servers, or computer systems connected to the Website and any attempt to modify, adapt, translate or reverse engineer any part of the Website or re-format or frame any portion of the pages of the Website is prohibited.
7.2. These User Terms do not constitute a sale and do not convey to User any rights of ownership in or related to the Website, or any intellectual property rights owned by GenRock.
7.3. This license is non-transferable and does not permit any resale or commercial use of the Website or its contents; any downloading or copying of account information for the benefit of anyone other than the User; or any use of data mining, robots, or similar data gathering and extraction tools.
7.4. The Website or any portion of the Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without express written consent of GenRock, as may be applicable.
7.5. Any systematic retrieval of GenRock content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from GenRock is prohibited.
7.6. Any unauthorized use of the Website shall terminate the permission or revoke the license granted by GenRock herein.
7.7. GenRock reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services or the Website.
8. Third Party Material and Content
8.1. GenRock may provide links to third party services (“Third Party Services”) and may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). The User acknowledges and agrees that GenRock is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or Third-Party Services.
8.2. GENROCK DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO THE USER OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
9. Limitation of Liability and Disclaimer of Warranties
9.1. Notwithstanding the foregoing, GenRock makes no representation or warranty that the Services will a) meet the User’s requirement; and b) will be uninterrupted, timely or error free.
9.2. The information contained in the Website is intended, solely to provide general information for the personal use of the User, who accepts full responsibility for its use. GenRock does not represent or warrant the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the Website, or the quality of any products, information or other materials displayed, or obtained by the User as a result of an advertisement or any other information or offer in or in connection with the Services provided through the online technology Website. GenRock reserves the right to make changes and corrections to any part of the Content of the Website at any time without prior notice.
9.3. GenRock accepts no responsibility for any errors or omissions, or for the results obtained from the use of any Content on the Website. The User hereby acknowledges that any reliance upon any Content shall be at its sole risk. ALL CONTENT ON THE WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR OF THE RESULTS OBTAINED FROM THE USE OF SUCH CONTENT, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTHING HEREIN SHALL TO ANY EXTENT SUBSTITUTE FOR THE INDEPENDENT INVESTIGATIONS AND THE SOUND TECHNICAL AND BUSINESS JUDGMENT OF THE USER.
9.4. GenRock reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Services and/or Website. It reserves the right to moderate, publish, re-publish, and use all user generated data, contributions and comments (including but not limited to reviews, comments, likes, favorites, votes) (collectively “Comments”) posted on the Website as it deems appropriate (whether in whole or in part) for its Services. GenRock is not liable to pay royalty to any User for re-publishing any Comment across any of its Website.
9.5. No advice or information, whether oral or written, obtained by the User from GenRock or through or from the Services shall create any warranty not expressly stated in this User Terms.
9.6. Notwithstanding anything to the contrary contained herein, neither GenRock nor its officers, directors, employees or any related party shall have any liability to the User or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these User Terms.
9.7. To the maximum extent permitted by law, the User waives, releases, discharges and holds harmless GenRock, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your access to or use of the Services and/or the Website.
9.8. GenRock shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of Services or due to the failure to provide Services to the Users by GenRock or third party service provider for any reason whatsoever including but not limited to the User's noncompliance with the Services’ terms, malfunction, partial or total failure of any network terminal, data processing system, computer telecom transmission or telecommunications system or other circumstances whether or not beyond the control of GenRock.
9.9. GenRock will not be liable for any damages of any kind arising from the use of the Services offered by any third party including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
10.1. The User agrees to indemnify, save, and hold GenRock, its employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services and/or Website, any violation of the User Terms, or any breach of the representations, warranties, and covenants made by the User herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the Website.
10.2. GenRock reserves the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to indemnify GenRock, including rights to settle, and the User agrees to cooperate with GenRock’s defence and settlement of these claims. THIS CLAUSE 10 SHALL SURVIVE TERMINATION OF THE USER TERMS.
12. Governing Law
12.1. These User Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Bengaluru shall have exclusive jurisdiction over any dispute arising from or relating to the User Terms and/or the Website.
13.1. User may reach out at [email protected] to raise any questions, complaints, grievances or feedback.