Terms and Conditions

Amplify

Terms & Conditions and Online Course Terms of Use

General Terms & Conditions

Access to and use of 'AMPLIFY' (including all on-line courses, training material and tutorials) (‘the Service’) within India and internationally is provided by PMA School of Music Ltd (‘we’, ‘us’ “amplify” or ‘our’) on the following Terms and Conditions.

For purchases via our website, by clicking on the “Accept/Agree” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” means the information provided by AMPLIFY to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to AMPLIFY for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you from us through the Website or by telephone or in person.

“Website” means AMPLIFY’s domain.

“You” means the individual purchasing the Services.

2. Use of the Service

You agree to use the Service only for lawful purposes. You may not use the Service or any part of it for commercial purposes and prohibited behaviour.

Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting/discussing obscene or offensive content or disrupting the normal flow of dialogue within the Service.

We operate a ‘fair use’ policy to protect the quality of service to our users. If we believe you are using excessive bandwidth or your use of the Service is adversely affecting our network (or any part of it) or our other users we reserve the right to manage or regulate your usage of the Service. This may include temporarily suspending your user account.

3. Amendments

AMPLIFY reserves the right to make changes to these Terms and Conditions from time to time and so you should check these Terms and Conditions regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.

If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the Service, then the latter shall prevail.

4. Registration

In order to participate in and contribute to AMPLIFY courses you may be required to register with AMPLIFY. Any personal information supplied to AMPLIFY as part of this registration process and/or any other interaction with AMPLIFY will be collected, stored and used in accordance with AMPLIFY's Privacy Policy.

To register on this website you must be over fourteen years of age unless you have the explicit permission of your parent or guardian.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

All user accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.

You must keep your password and user name confidential, change password periodically and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify us by contacting helpdesk@virtualmusictutor.com immediately.

If AMPLIFY has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.

AMPLIFY reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.

If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

5. Intellectual property

All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Service and all content (including all applications and materials) located on or available through the Service shall remain vested in AMPLIFY.

You are not authorised to:-

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of AMPLIFY on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

6. Availability of the Service

Although we aim to offer you the best service possible, we make no promise that the services available at AMPLIFY will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to helpdesk@virtualmusictutor.com and we will attempt to correct the fault as soon as we reasonably can.

Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

7. Suspension/Termination

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel your registration at any time by informing us in writing at helpdesk@virtualmusictutor.com. If you do so, you must stop using the Service.

The suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.

8. Disclaimers and limitation of liability

ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO AMPLIFY, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, AMPLIFY EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. AMPLIFY DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICE OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY AMPLIFY IS CORRECT AT THE TIME OF PUBLICATION NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF AMPLIFY FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT ON THE SERVICE.

NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES AMPLIFY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE. SUBJECT TO THE PREVIOUS SENTENCE, NEITHER AMPLIFY NOR ANY OF ITS OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGES (WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY OR ANTICIPATED SAVINGS; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SERVICE REGARDLESS OF THE FORM OF ACTION.

AMPLIFY DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.

9. Governing Law; Jurisdiction

These Terms and Conditions will be governed by the laws of India, without giving effect to the conflict of law provisions thereof. The courts at Chennai, India shall have exclusive jurisdiction to entertain any suit, dispute, litigation or legal proceedings in respect of or under this Agreement

10. Miscellaneous

No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.

You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.

If you breach these Terms and Conditions and AMPLIFY chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

AMPLIFY shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.

Online Course - Terms of Use

These terms relate to the paid-for on-line training services supplied to you through the AMPLIFY website (the “Online Course Service(s)”) and should be read in conjunction with our General Terms & Conditions above which shall also apply save where they are inconsistent with these terms.

1. Prices and payment

Payment in full is required at the time of registration. This consists of a tuition fee and a non-refundable registration fee.

Your order is an offer to purchase Online Course Services from us. The Online Course Service will be made available to you once your payment has been authorized and the course session has started. There will be no contract of any kind between you and AMPLIFY unless and until you make authorized payment for the Online Course Service. At any point up until then, we may decline to supply the Online Course Service to you without giving any reason.

The fee for the Online Course Service is calculated and payable in advance of the course start date as set out on AMPLIFY. The Company shall be under no obligation to provide the Online Course Service until the fee has been paid.

Your credit/ debit card/net banking/other banking details are not handled by AMPLIFY. All payment and all credit card handling is through the third party. We do not store any credit card details. Authority for payment must be given at the time of placing your order.

2. Delivery

The process of delivery involves

a) Sign-up by Student

b) Technical Help for Trial

c) Payment

d) Course Start

The Student is expected to sign up using their email id and create their own password. A verification mail shall be sent to the registered email id.

Once, the student has verified their email id, our Technical team would be in touch with the student to help setup for a trial run. On successful trial set up, Student shall choose the requisite course and pay online.

Within 48 hours of receipt of payment of fees (during the working week), a confirmation email will be sent to the student acknowledging payment and successful enrolment in the course.

Within one week before the announced course start date student will be will be notified by email of an online URL on where to join for course. Student will be required to use their username and password for logging into the site and accessing the course content.

It is not possible to pause your course or take a holiday midway through your course. If a student takes a break from the program then access to the course materials of the program will expire 30 days from the last scheduled class of the current batch.

It is mandatory for the student to have a good internet connection, a computer, mic, headphone and the chosen music instrument. Maintenance of proper hardware and software required for learning will be student’s responsibility. All expenses towards setting up this shall be borne by the Student.

3. Using the Online Course Service

In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Online Live Classes.

AMPLIFY warrants that it has the right to provide the Online Course Service and will use all reasonable skill and care in making the Online Course Service available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and AMPLIFY does not give any other warranties in respect of the Online Course Service.

AMPLIFY is continually seeking to improve the Online Course Services. AMPLIFY reserves the right, at its discretion, to make changes to any part of any Online Course Service provided that it does not materially reduce its content or functionality.

In the event that AMPLIFY withdraws or is permanently unable to deliver a particular Online Course Service a partial refund will be given covering the portion of the course that remains undelivered.

4. Posting of content

Some Online Course Services allow you to post content to the AMPLIFY website including asking questions about the course, posting completed assignments, and taking part in discussion boards.

All content which you provide or upload to our website shall be subject to the relevant provisions of our General Terms & Conditions.

5. Fair use policy

We operate a ‘fair use’ policy to protect the quality of our Online Course Services. If we believe your use of our Online Course Service is taking up excessive bandwidth or your use of our Online Course Service is adversely affecting the provision of the service (or any part of it) to other users, or other users’ enjoyment of the service, we reserve the right to manage or regulate your usage of the Online Course Service. This may include temporarily suspending your user account and/or access to the Online Course Service.

6. No commercial use

All our Online Course Services are available for non-commercial use only. AMPLIFY reserves the right to refuse orders from businesses that we consider are for commercial concerns. You may not re-sell or make available to any third party the Online Course Services without the prior written consent of AMPLIFY.

7. Cancellation and refunds

Refunds cannot be made for downloadable digital items.

Refund for courses once started cannot be done. However, a Student may cancel the course 7 (seven) days prior to the start of the course and a full refund after deducting the applicable administration fees shall be done. In case, cancellation fee is not mentioned in the course details page a standard administration charge of Rs.500/- (Rupees Five Hundred only) shall be applied before refund.

No refund of registration fee shall be done.

In case of a cancellation request, the Student has to make a request to helpdesk@virtualmusictutor.com.

8. Termination

We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

fail to pay, when due, your Fees;

act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of AMPLIFY, any teacher or lecturer who provides the Online Courses or any student who attends any Online Course;

cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;

steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be attending our Courses;

9. Force Majeure

AMPLIFY shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

10. Attendance Policy

Students are expected to attend all classes in the batch for which they have paid for. In case of missing a class by the student, compensation class for upto 2 (two) classes shall be provided by Amplify if the student has requested for absence at least 24 hours before the subject session. AMPLIFY shall provide compensation classes in case of a technical issue at AMPLIFY’s end or due to Tutor’s unavailability.

AMPLIFY reserves the right to substitute Tutor in case the regular scheduled Tutor is unable to attend classes.

In case a student is unable to attend more than 3 consecutive classes, they are expected to inform AMPLIFY in advance. Students who are absent for more than 5 classes without information shall be removed from the rolls of AMPLIFY and they will have to seek re-admission within 60 days from last class forfeited.

Assigning of slots to a student is AMPLIFY’s prerogative.

11. Miscellaneous

AMPLIFY is hereby granted permission to record sessions of the Online classes to use in brochures, websites, posters, advertisements and other promotional materials intended for AMPLIFY’s use. Permission is also hereby granted for AMPLIFY to copyright such material in its name.

The pricing policy of AMPLIFY may change from location to location.

AMPLIFY reserves the right to make changes to the Terms and Conditions, Price, Policies, Tutors and any other course related features at any time without any prior intimation.