Terms and conditions
Artist Terms and Conditions
This is a legal agreement (“Agreement”) between You (“you”, or “your” as the case may be), the person accessing, viewing, using, installing the Application, and registering with the App or Website “GetREAL” (“App”) and GetREAL Entertainment Private Limited, a company incorporated under the provisions of the Companies Act, 2013, and having its registered office at No.149, 13th Main, 1st Cross, 1st Stage, Aicobo Nagar, BTM Layout, Bangalore, Karnataka – 560 076 (“Company”, “us”, “our” or “we”).
The Company owns and operates . The App and the Website is together referred to as “Application”.
We request you to carefully go through these terms and conditions to register yourself as an Artist or the guardian of the Artist. The Terms of Use and the Privacy Policyof the Company which you had accepted at the time of signing in will be applicable to these Terms and Conditions.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Services
1.1. Artist Listings: We offer a platform where Artists can create detailed profiles to showcase their talents and work. The Profile will also speak about the Artist which allows any person (“Users”)accessing the GetREAL Application to view the details of the Artist. These profiles are then listed for Users in their respective geographic locations, allowing Users to discover and book an Artist based on their preferences. The listings are tailored using third-party apps to consider factors such as location, calendar availability, pricing, and other relevant information.
1.2. Bookings: The Users will have an option to book Artists to avail services of live performances or training sessions by the Artist through our platform. Upon the request by the User, You will have 24 (twenty four) hours either to accept or decline the request made by the User. We will consider that the Gigs as declined if You do not respond to the requests of the User within 24 hours from the time of the request. Your availability posted in the Application will help the Company to seamless schedule the artistic engagements.
1.3. Social Media Platform: Our platform provides a dedicated social media space for the Artists to showcase their talents and share various forms of content with a community of fellow artists. This feature encourages artistic collaboration and networking.
1.4. Promotion Services: The Artists can leverage our platform to promote their events or artistic offerings. The Artists can post their availability and showcase their skills by using our promotional tools to reach a wider audience, enhancing the visibility of their talents and artistic services.
1.5. The Listing of an Artist are made considering various factors including the Artist’s availability provided in the Calendar, and the current location of the Artist.
1.6. In case of non updation of the Calendar by the Artist, GetREAL reserves their right to modify the bookings that are accepted by the Artist. This is solely done to avoid acceptance of a Gig by an Aritst when the Artist will be in the location where the Gig will be performed on a particular day.
1.7. The Company shall constantly take efforts to add additional services to its Users which will enhance the experience of a User or an Artist.
1.8. These services collectively form the core offerings of GetREAL to an Artist by providing a comprehensive platform for artists and users to connect, collaborate, and engage within the artistic community while utilizing third-party apps to enhance the user experience.
1.9. We reserve the right to modify or terminate any portion of the Application or the Services offered by the Company for any reason, without notice and without liability to you or any third party. Upon any amendments to the Service, an intimation will be sent to the Artists.
1.10. For the Services offered on the Application there will not be any fee charged by the Company.
2. Registration
2.1 For registering yourself as an Artist, you will have to first register on the Application as a User.
2.2 Upon registering as a User in the Application, you will have to provide details such as your first name, last name, date of birth, gender, email id, phone number, address, project names, professional experience, Stage Name, Languages, Art forms, Bio, Tech Requirements, Calendar availability, Base location [predominant location], videos, maximum crowd size, number of shows performed, Performance and training fees], Passport/Aadhaar, bank account details, UPI ID, social accounts (for verification purpose only) and other relevant information. These information are relevant in the Artist profile creation. A mobile verification code (“OTP”) and registration number will then be used to confirm your identity.
2.3 The registration process will be complete once the Company approves the profile of an Artist. The application submitted by the Artist will be processed within 24 hours. The Company reserves their right to either approval or reject an application based on the information provided by the Artist.
2.4 Registration as an Artist is a one-time process and if you have been previously registered, you can sign into your account using the same credentials as provided by you during the registration process (“Account”). You are responsible for maintaining the confidentiality of your Account and password, including but not limited to restricting access to your mobile device and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
2.5 You may not use as a username which is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You represent and warrant that all Users of your Account are above the age of 13, and that the information provided on or through your Account is accurate, complete, and current at all times. Providing inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.
3. Specific Terms of Use
3.1 Subject to the approval of the account creation of GetREAL, once an Account or a Profile for an Artist is created, the Application allows the Artist to have access the Social Media Platform created by GetREAL to Connect, Collaborate and Create Content. The Artist can manually upload any information in the form of posts, scanned document, images, videos, sound recordings, cover artwork, artist names, and album names. (Collectively referred to as “Content”) Supported formats are .jpg, .pdf, .png, .dox, .mp4. The Artists will have an option to change and edit the details furnished, manage their calendar, bookings and promotional activities.
3.2 We do not take responsibility for the Content or any other information provided by you or its accuracy. You own all the Content that you post/upload on the Application or in the Website. We do not take responsibility or liability for any content uploaded by you in the Application, irrespective of whether we have certified any content uploaded by you. The Content provided by you in the Application could contain technical inaccuracies, typographical mistakes, or other errors. We do not take any responsibility for that whatsoever.
3.3 The Service will be provided on best efforts basis. The Company will make reasonable efforts and shall endeavor that you are able to use the Services without undue disruption, interruption or delay.
3.4 If you delete any Content, the same will be deleted automatically from the cloud server.
3.5 The Content of the Artists can be used as promotional material in case of you opting for such services provided by the Company.
3.6 The Company reserves the right to approve or disapprove any Content posted by the Artists including the promotional materials.
4. Consent to collect and use your Data
4.1 The Content that you feed or upload onto the Application, comprises of data which is categorized as sensitive personal data under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”). By using the Application and our Services, you provide your express consent to GetREAL collecting, using, and storing your sensitive personal data.
4.2 You accept and agree that the Content that you provide on the Application is necessary for the Service to be provided.
4.3 As detailed in the Terms, the Content that you upload will be used only for the specific purpose of storage of all the information in an encrypted manner that can either be downloaded by the User or shared with a third party. All the Content uploaded by the User will be protected with the latest encryption technology in order to keep your Content safe and secure.
4.4 The Content that you upload will not be shared in manner with a third party. However, the Content maybe stored in the cloud server in accordance with the Privacy Policy.
4.5 You may review, correct, amend or delete the Content provided by you, subject the terms of the Privacy Policy.
4.6 We shall report cyber security incidents with relevant statutory authorities and shall render all reasonable cooperation as required by statutory authorities with respect to a cyber security incident.
4.7 In the event the Company becomes aware of any breach of the security of your information, it will promptly notify you and take appropriate action to the best of its ability to remedy such a breach.
5. Your Responsibilities
5.1 By using the Application, you represent and warrant that:
(a) You are 13 years of age or older and that your use of the Application shall not violate any applicable law or regulation;
(b) You have fully read and understood the Terms and Conditions and Privacy Policy of the Application and consent to them. In case of a minor using the Application, it is the responsibility of the Guardian to explain the terms of this Agreement to the minor.
(c) Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
(d) Will not infringe or misappropriate the intellectual property rights of any third party;
(e) You shall not receive any consideration or remuneration in form of Cash from the Users;
(f) You possess the necessary copyright licenses or other intellectual property licenses to perform any Gig.
(g) You shall abide by the rules of the home (in cases where the Gig is to happen in a home), auditorium (In case of public events) and the public policies that are in force in the respective geographical location;
(h) You will not disclose any information including the sensitive personal data belonging to a third party or the Users who avail your services; and
(i) You will not use the Application or the Services in violation of these Terms or the Privacy Policy.
5.2 We are and we will remain the owner of the Application at all times, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the Application in any way. You acknowledge that all information, content and material posted or uploaded by the Company is the Company’ s intellectual property. No information, content or material from the Application may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.
5.3 In cases where you being responsible for any mis-behaviour or unfortunate event that occur during a Gig or event, the Company disclaims all such responsibility.
6. PAYMENT TERMS
6.1 The Artist will be eligible to mention the Performance Fees and Training Fees towards the Gig at the time of creating the Profile. The Fees can be changed at any point in time by the Artist. 6.2 The Company reserves their right to charge ‘Platform Charges’ and applicable taxes for any bookings made by its Users through the App or Website. These charges will be inclusive of the Artist Fees/Service Charges payable to the Artist.
6.3 As an Artist, you are eligible for 95% of the Performance Fees/Training Fees towards the performances that are mentioned by you. The balance 5% of the Performance Fees/Training Fees will be retained by the Company as ‘GetREAL Commission Charges’.
6.4 Subject to no dispute being raised by the User, the 95% of the Performance Fees/Training Fees will be made within 72 hours of the Gig attaining ‘Gig Complete’ status. However, if there is a dispute raised from the User, the payment to the Artist will be held for the time period till when the dispute is resolved. We reserve the right to conclude either way in dispute and decide on the payment.
6.5 The payments by the Company will be made to your account provided by You at the time of Profile creation.
6.6 The taxes will be added or deducted made on the Artist’s registration with the Goods and Service Tax Department, Government of India. Apart from the Goods and Service Tax, you may be liable for Tax Deduction at Source, subject to the applicability of the relevant provisions of Income Tax Act, 1961.
6.7 You are responsible to pay the application taxes to your Government in your own capacity.
7. AMENDMENT OF THESE TERMS AND CONDITIONS
7.1 We may from time to time amend these Terms that may apply to your use of the Application, to the extent permitted under applicable laws and regulations. To make sure you are aware of any changes, please review these Terms and Conditions periodically. The Company will also intimate any changes that are made to these terms. These Terms shall be valid until there is a change to the clauses mentioned in the Terms. Additionally, the new Terms will be displayed on the Application screen and you may be required to read and accept them to continue your use of the Application and/or the Services.
7.2 Use of the Application after the amended Terms and Condition goes into effect will constitute your consent to such amendment. You may revoke your consent to these Terms by terminating your Account at any time, upon which you will not be subject to the application of the amended Terms and Conditions.
8. Intellectual Property
8.1 Upon posting or uploading any Content in the Application, You grant a non-exclusive license to the Company to use or publish or promote the Content uploaded by you. The intellectual property that exists in the Content will be licensed to the Company till such Content exists in the Application.
8.2 The Company owes no consideration towards the license granted by you to the Company.
8.3 The Company shall not be responsible for any Intellectual Property Rights violation by any Artist.
8.4 All other terms of Intellectual Property mentioned in the Terms of Use are applicable to the Artist.
9. Access outside the Republic of India
The Company makes no representation that the Application or Service is appropriate to be used or accessed outside of the Republic of India. If the Users use or access the Application from outside the Republic of India, they do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may it be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.
10. Governing Law and Dispute Resolution
10.1 These Terms of Use shall be read and interpreted in accordance with the laws of India.
10.2 The Courts at Bangalore shall have exclusive jurisdiction to deal with any dispute arising out of this Terms and Conditions and Privacy Policy.
11. complete understanding
11.1 The clauses pertaining to Termination, Indemnification, Warranties and Disclaimers, Limitation of Liability shall be the same as mentioned in the Terms of Use.
11.2 These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you.
11.3 In case of any overlapping of these Terms or the Terms of Use, the clauses mentioned herein will prevail over the Terms of Use.
11.4 These Terms and Conditions contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms and Conditions other than those contained or referenced in these Terms and Conditions.
you have read these Terms of Use and agree to all of the provisions contained above
TERMS OF USE
1. INTRODUCTION
This is a legal agreement between you (referred, in this document, to as “you”, “your”or “User” as the case may be), i.e., the person accessing, viewing, or using our mobile application “GetREAL” (“App”) and GetREAL Entertainment Private Limited, a company incorporated under the provisions of the Companies Act, 2013, and having its registered office at No.149, 13th Main, 1st Cross, 1st Stage, Aicobo Nagar, BTM Layout, Bangalore, Karnataka – 560 076 (“Company” , “us”, “our” or “we”). The Company owns and operates . The App and the Website is together referred to as “Application”. This document (“Terms”) sets forth the legally binding terms and conditions for your use of the Application and any other platforms that may be made available to you in the future including in connection with our Services (defined below). These Terms shall govern the use of the Application and our Services by all Users, irrespective of whether such User is a subscriber of free or paid Services. Therefore, please read these terms carefully before using the Application and availing Services offered by us. This document is considered an electronic record and is published in accordance with the provisions of the Information Technology Act, 2000 and the rules (as amended/re-enacted) made thereunder that require publishing the rules and regulations, privacy policy on an online portal of the Company. This electronic record is generated by a computer system and does not require any physical or digital signature. By registering/subscribing to any of our Services and/or using, accessing the Application in any manner, you consent to be bound by all of the terms contained herein and on the Application, which also incorporates the privacy policy made available on the Application (“Privacy Policy”) and all other operational rules and policies that may be published from time to time by us, each of which is incorporated by reference in these Terms and each of which may be updated by us from time to time. In addition, some Services may be subject to additional terms and conditions communicated by us to you, from time to time, and your use of such Services is subject to such additional terms and conditions, which are incorporated into these Terms by reference.
2. SERVICES
The App is a Mobile (Android and IOS) and Web App Artist Search, Discovery, Booking and Management Platform. It is also a mobile app social platform for registered and approved performance Artists (“Services”). Services are provided to Users only upon registration basis. The Services are provided to you are subject to these Terms, which may be changed, amended, altered or modified by the Company from time to time and the Services may be utilized by you, solely for your own use, and not for the use or benefit of any third party. The Application provides Users access to posts published by a skilled performer(s) (“Artists”) across the World. These Artists will be listed in the Application upon approval of their profile that is submitted by them. The approval is solely based on the information provided by the Artist. Get REAL cannot be held responsible for the misinformation provided by the Artist. The User will be allowed to book an Artist based on the User’s requirements, the Artist’s availability and other conditions. Bookings: The Users have the ability to book Artists for live performances or training sessions through our platform. This service facilitates the seamless booking and scheduling of artistic engagements. We follow an OTP based procedure to complete a booking. When an Artist finishes his/her/their performance, he/she/they will be required to slide to activate a status called 'Gig Complete'. The User of the same booking gets an OTP which should be shared to the Artist for completion of the Gig/performance. The Gig is said to be complete only when the artist keys the same in the Application. Social Media Platform: Our platform provides a dedicated social media space for the Artists to showcase their talents and share various forms of content with a community of fellow artists. This feature encourages artistic collaboration and networking. Promotion Services: Both Users and Artists can leverage our platform to promote their events or artistic offerings. Users can post events and use our promotional tools to reach a wider audience, enhancing the visibility of their events or artistic services. We reserve the right to modify our Services and the format in which it is offered at any time and in our sole discretion subject to applicable laws. The Company may, from time to time, display promotional materials of the Artists or promote the requirements of the User.
3. REGISTRATION OF USER
To access and use the Services, you are required to register by creating an account on our Application by providing your phone number. Alternately, you may also register through a social media service (such as Facebook, Google etc.). When you register/access the Application through a social media service, we will receive such information from the third party authentication provider as authorized and consented by you, such as, your user name associated with the particular social media service, any information or content the social media service has the right to share with us, such as your profile picture or email address, and any other information that you have made public or authorized the social media service to share, in connection with that social media service. You hereby represent, warrant and covenant that the information provided by you is true, accurate, complete, and not misleading. Registration is a one-time process and if you have been previously registered, you shall login/sign into your account using the same credentials as provided by you during the registration process. You shall:
(a) not provide any false personal information to us or create any account for anyone other than yourself without such person's permission;
(b) not use a username that is the name of another person, with the intent to impersonate that person;
(c) not use a username that is a name that is otherwise offensive, vulgar, obscene, or otherwise unlawful
(d) not divulge or share your access details with any third party for any reason whatsoever;
(e) not share your credentials with a third party with a commercial intent;
(f) not use your credentials with the intention of intruding into our servers or causing any interference or damage to our operations.
You represent and warrant that if you are an individual, you are of legal age (as defined under applicable laws of the land) to form a binding contract. If you are not of legal age, you may only access, use and register on the Application with the consent of and under the supervision of an adult parent or legal guardian. Please note that if a User is younger than the legal age to form a binding contract, we assume that the parent or guardian of such minor has read and understood these Terms and is supervising the minor’s usage of the Application and availment of Services. The Company reserves the right to terminate your registration and subscription if it is brought to our notice that you do not satisfy the legal age requirement and your usage of our Application or availment of Services was not with the consent of a parent/guardian as stipulated herein. Also, in case of usage of the Application by a minor, the adult parent will be responsible for the actions of the minor. Each registration is for a single individual user only. To access the Application, you will be asked to enter your phone number and verify the phone number with a One Time Password (OTP). Upon verification of the phone number, the User will be allowed to create an individual username and password, as chosen by you during your registration. Therefore, we do not permit any of the following: (a) Any part of the Application being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Application; or
(b) Access through a single account and password being made available to multiple users on a network. We reserve the right to refuse registration of or cancel any such accounts in our sole discretion, or terminate the provision of the Services, if found guilty of abusing the above provisions. You are solely responsible and liable for any activity that occurs on or through your account and you shall be responsible for maintaining the confidentiality of your password. You agree not to provide any other person with access to your account. You shall immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You agree to ensure that no unauthorized use has been sanctioned by you and also ensure that you exit from your account at the end of each session. In the absence of such notification from you, any purchase transaction made on the Application through your account and/or in your name shall be binding on you. We cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by us or any other user or visitor to the Application due to authorized or unauthorized use of your Account as a result of your failure in keeping your account information secure and confidential. The User’s registration may be terminated by the Company in accordance with the provisions set out under these Terms.
4. CONDITIONS OF USE
The App and Services will be made available to you on a best efforts basis. We shall endeavour to ensure that you are able to use the App without undue disruption, interruption or delay. By creating an account, you may receive updates, promotional materials and other information we may send with regards to the Service, or new services that we may offer. You hereby consent to receiving all such commercial communications from us. You may opt out of receiving any, or all, of these commercial communications from us by following the unsubscribe link or instructions provided on the App or in the Website. You will, however, still continue to receive important updates with regards to your account. You agree not to access (or attempt to access) the App and/or Services by any means other than through the interface that is provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application, or in any way reproduce or circumvent the navigational structure or presentation of the Application to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application. By accessing or using the Application, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application. Further, you may report such offensive content to the grievance officer, whose contact details are set out below. By using the Application, you represent and warrant that: (a) You are 18 years of age or older and that your use of the Application shall not violate any applicable law or regulation;
(b) You have fully read and understood the Terms and Privacy Policy and consent to them;
(c) You shall ensure that the requisite information provided by you to us for the availing the Services, is absolutely true, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information; and
(d) You will not use the Application or Services for any unlawful purposes, or in furtherance of illegal activities.
(e) any content you upload, post, share, or otherwise make available on GetREAL's platforms is original and created by you. Alternatively, you confirm that you possess all necessary rights, licenses, consents, and permissions required to use such content in any way permitted by our Terms.
You consent to grant the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) that is made available by you on any public area on the Application. This license is worldwide and/or can be incorporated in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary and in accordance with applicable laws to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. You agree that you are responsible to us and to any third party for any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may incur or suffer) for any such breach. GetREAL takes utmost care in listing the artists in their platform. Since GetREAL is only a service provider and bridges the User and the Artist, there may be circumstances that are beyond the control of GetREAL when the Artist is at the desired location informed by the User. Under such circumstances, You acknowledge that GetREAL is not responsible for any illegal acts or activities committed by the artists during the performance of a Gig or the booking.
5. OFFER AND ACCEPTANCE
All Services displayed on the Application constitute an offer to sell and you accept such offer upon agreeing to purchase the Services so listed on the Application. Accordingly, this contract for sale of the Service is a bipartite contract between you and the Company. The Company may also offer third party services which may be originated from third parties. We request you to read any terms and conditions of use specifically provided by the third party is providing the service or from whom such services have originated carefully before proceeding with such purchase. You hereby agree and acknowledge that any access of such third party services provided or originated from third parties shall be at your sole risk, and the Company shall not be liable for any losses sustained by you in this regard. You understand and agree that the offer for sale of the Service on the Application is not an absolute or unconditional offer. Such an offer is subject to repudiation by the Company at any time before the provision of Services. The Company does not have any obligation to assign or provide any reason for such repudiation and may repudiate its offer without your consent and without any liability or obligation towards you.
6. PRICING AND PAYMENT
You agree to pay all fees and applicable charges for Services you purchase from us. All fees and applicable charges are payable in full and in advance and will be valid until the completion of the period of your selected Service or until cancelled or terminated in accordance with these Terms. We reserve the right to delete or suspend your access to Services for incomplete payment of fees and applicable charges. All fees and applicable charges are inclusive of the taxes that are to be paid. For every booking, the User will be charged with Platform Charges which shall be inclusive of the charges payable to the Artist and excluding the applicable taxes payable to the concerned Government authorities. Upon successful payment, the User will be notified on the booking confirmation via email. Any payment made outside the Platform is strictly prohibited. If any payments are made directly to the Artist, GetREAL shall be held responsible. The booking is deemed to be complete only upon GetREAL receiving the payment. GetREAL shall not be responsible for any payment that is blocked by the Payment Gateway or struck with the Payment Gateway due to any technical failure. Under such circumstances, you may contact the concerned Payment Gateway. Please note that we use third party payment gateways or aggregators (“Third Party Payment Service Providers”) for the purpose of collection of fees and applicable charges. Currently, the sole payment gateway service provider shall be Razorpay Software Private Limited (Razor Pay). Please note that such Third Party Payment Service Providers are independent service providers and not an agent or employee of the Company and are independent of and not connected to the Company in any manner whatsoever. You may be required to provide your credit or debit card details such Third Party Payment Service Providers while making the payment for your purchase of the Services offered on the Application. In this regard you agree to provide valid, correct and accurate credit / debit card details to the Third Party Payment Service Providers. You shall not use a credit / debit card that is not lawfully owned by you. The Company will never request you to share any personal, confidential, account related or any payment related information over the phone. In the event that you are re-directed to any external website or application of such Third Party Payment Service Providers, we disclaim all liability regarding (a) the privacy of your information shared on such websites or applications; (b) security and protection measures for the information and data shared and technology employed on such websites or applications and (c) any and all interaction, correspondence, transactions that may occur between you and such Third Party Payment Service Providers. We strongly advise you to read and understand the terms and conditions and privacy policy and any other policies that may be applicable and available on their platform before using their services and sharing any information with them. While availing any of the payment methods made available on the Application, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) a lack of authorization for any transaction;
(b) exceeding of the pre-set limit mutually agreed between you and the financial services providers you deal with;
(c) any payment issues arising out of the transaction; or
(d) declining of transaction for any other reasons.
7. REFUND POLICY
You acknowledge that the Services purchased by you are non-transferable. Refunds will not be issued if the Gig has taken place, regardless of user satisfaction. Refunds will be issued to users under the following conditions: (a) If the Artist declines the booking after the payment made by the User.
(b) If the artist fails to show up to the gig on the scheduled date and time.
(c) If a user raises a dispute, and we determine and conclude that the artist did not perform or train as agreed. The Conclusion of all such disputes to remain in discretion of GetREAL.
(d) If the Cancellation of a booking made by a User provided 48 hours prior to Schedule Gig start time. If a refund is provided, the refunds will be processed within 24 hours. Please note that Platform Charges and taxes paid will not be eligible for a refund.
In the event the User qualifies for a refund, a refund credit confirmation will be sent via email. On the occurrence of the following events, the User becomes eligible for a refund;
(a) Gig being declined by the Artist or the Company;
(b) Gig is cancelled by the User on before 48 hours before the Gig.
8. INTELLECTUAL PROPERTY RIGHTS
All content created and provided by us through the Application and our Services (“Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. For the avoidance of doubt, the term 'content' in these Terms refers to any and all work available on our platforms, including all sound recordings, cover artwork, artist names, and album names. Copyright in Content on the Application and Services, including but not limited to all the Content, software, design, text, sound recordings and images, are our exclusive property, or licensed to us, and as otherwise expressly stated. All trademarks, service marks, trade names, trade dress, and other forms of intellectual property used on the Application and in connection with the Services are either proprietary to us or have been licensed to us. Nothing in these Terms shall be deemed to grant to the User, either directly or indirectly, any license or other right under any copyright or other intellectual property owned by or licensed to the Company. In cases where the Artists post their work/content in the Application, the proprietary rights of the content will belong to the Artists. You must: (a) not copy, reproduce, republish, upload, post, transmit or distribute in any way any Content or part thereof from the Application or Services;
(b) not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store, or otherwise use the Application or Services in any manner inconsistent with these Terms;
(c) not delete, alter, or modify any Content of the Application or the Services in any way, including but not limited to copyright or trademark symbols, logos, that you do not own or have express permission to modify;
(d) not reverse engineer, or decompile any of the software and/or technological components of our Application or Services in whole or in part.
Subject to these Terms, we grant each User a limited, non-exclusive, non-sublicensable and non-transferable license to the use of this Content solely for their own personal, non-commercial use. Use or storage of any such Content for purposes other than personal, non-commercial use is expressly prohibited unless expressly permitted by us in writing. All Content provided by us is to be used by you only in the capacity of an end user of the Services and such Content is made available without any representations or warranties whatsoever and we hereby disclaim any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, or non-infringement. You may print or download extracts from specific pages on the Application for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal /individual use. You acknowledge that GetREAL stores all content and information on its platform at the direction and authorization of its users. We act as a host for the uploading, storage, and distribution of such content, playing no active role in the presentation or use of the content. Users retain ownership of the content they upload to the platform. By uploading content to GetREAL, users grant GetREAL a non-exclusive, royalty-free, worldwide license to use, display, and distribute the content uploaded on the platform. Please note that the Application may include content, whether publicly posted or privately transmitted which is created and provided by other Users or third parties. However, we cannot and do not guarantee the authenticity of any such content. You acknowledge that all content accessed by you in connection with the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you resulting therefrom. If you submit content to the Application, you hereby grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable license to use, reproduce, distribute such content on our Application. The Users are strictly prohibited from involving in any acts of infringement of any intellectual property rights. Users may report alleged copyright infringements to us. We takes intellectual property rights seriously and will investigate and address any violations promptly. Any Content that violates the above rules will be disabled or removed without prior notice.
9. USER CONDUCT AND GUIDELINES
Some parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. We reserve the right, at our sole discretion, to remove, review, edit or delete any such contributions. Similarly, we will not be responsible or liable for any content uploaded by Users directly on the Application, irrespective of whether we have certified any content uploaded by the User. We would not be responsible to verify whether such contents placed by any User on the Application contain infringing materials or not. Users are expected to maintain a reasonable standard of decorum, decency and integrity while using the Application and Services. You acknowledge and agree: (a) to be respectful, professional, and inclusive in all your interactions and communications and usage of the App and Services and any other platform on which the Company may organize a group discussion;
(b) to ensure that any communication made by you on this Application or on any present or future platform of the Company in connection with our Services shall not be harmful, harassing, blasphemous, defamatory, pornographic, libellous, invasive of another’s privacy, hateful, disparaging, relating to or encouraging of money laundering or gambling, illegal, obscene, defamatory, injurious to third parties, racially or ethnically objectionable, politically, religiously, or sexually objectionable;
(c) not to communicate or behave in a manner that is harmful to minors in any way;
(d) not to reproduce or distribute, for commercial gain or otherwise, through any medium, any part of the Services offered to you unless with our express written consent;
(e) not to tamper, alter or modify any part of the technology of the Application and Services over which you are given access;
(f) not to make false or malicious statements against the Services offered by us;
(g) not to use the Application or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into our Application or Services or any of our operating system;
(h) not to engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," “phishing” and "griefing" as those terms are commonly understood and used on the internet;
(i) not to use the Application or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
(j) not to release any software virus or use any computer code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer resource of the Company;
(k) not to carry out reverse engineering in respect of the hardware or software underlying the Application or Services or any part thereof;
(l) to comply with any applicable law and regulation relating to downloading and or using the Content and or technology in connection with the Application or Services;
(m) not to share any information pertaining to a third party to which the User does not have any right to share;
(n) not to infringe any patent, trademark, copyright, or other proprietary rights of any third party;
(o) not to deceive or mislead an addressee about the origin of such messages or communication that is grossly offensive or menacing in nature;
(p) not to impersonate another person;
(q) not to share any information that 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; and
(r) Users and Artists are solely responsible for setting and managing their expectations regarding performances, bookings, and interactions facilitated by the platform. GetREAL shall not be liable for any conflicts or disagreements that may arise between Users and Artists.
(s) not to behave or communicate in a manner that threatens the unity, integrity, defence, security or sovereignty of India, its friendly relation with states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
(t) Users and artists are solely responsible for setting and managing their expectations regarding performances, bookings, and interactions facilitated by the platform. GetREAL shall not be liable for any conflicts or disagreements that may arise between the Users and Artists.
10. PERSONAL INFORMATION AND DATA SECURITY
Please refer to our Privacy Policy available on the Application to understand how we collect, use, share and protect your data and personal information. THIRD PARTY APPS Your use of the App and Services, may lead you to links of other websites or applications on the internet. When you access third party websites or applications, you do so at your own risk. These other websites or applications 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 applications. The inclusion of any such link does not imply our endorsement of such websites or applications or association with its 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 application.
11. INDEMNITY
You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees and agents for all losses, costs, actions, claims, damages, expenses (including legal costs) or liabilities, that arise from or relate to (a) your use or misuse of the Application or Services or Content; (b) violation of any of the terms of these Terms; (c) your infringement of any of our intellectual property rights or third party’s intellectual property; (d) the use of our Services and any connected interaction with Third Party Payment Service Providers. The Company shall not be liable to you for any claims arising out of any act or omission on the part of Third Party Payment Service Providers in connection with the processing of fees and applicable charges. The Company expressly disclaims any responsibility and liability for any and all services provided by the Third Party Service Providers. We reserve the right to assume the exclusive defence 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 defences.
12. WARRANTY DISCLAIMER
Save to the extent required by law, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Application; what content you access via the Application; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. All Services are offered on an as is basis and we hereby disclaim liability for all Services offered on the Application. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose of the Services listed or displayed or transacted on the Application. In the event that a specific set of warranties for any Service is provided by a third party i.e. by a provider of the course that is offered on the Application or a third party from whom the Service has originated or a third party service provider, such warranties are between the third party and you. The Company shall not be liable or responsible for any such warranties. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the third party. While we have made efforts to train our personnel engaged in the sales of the Services to enable quality control, we make no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and we reserve the right and discretion to take any action in this regard.
13. LIMITATION OF LIABILITY
All liability of the Company, its directors, officers, employees, and agents is expressly excluded to the fullest extent permissible under law for any direct, indirect, incidental, special, punitive, and consequential losses or damages howsoever arising from: (a) your use of our Application and Services and Content;
(b) your use of content provided by other Users;
(c) you use of content provided by third parties;
(d) any unauthorized access or use of our secure servers.
We shall not be liable or responsible for:
(a) interruption or cessation of use of our Application or Services or performance of any of our other obligations under these Terms due to any act or event beyond our reasonable control, including force majeure;
(b) our inability to meet your individual requirements from the Application or Services as it is your responsibility to ensure whether the Application or Services are adequate to meet your own individual expectations prior to registering on our Application and for our Services respectively;
(c) unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Application;
(d) Any infringement of another's rights, including intellectual property rights. You specifically agree that we are not responsible for any services sent using and/or included in the Application by any third party.
The Company does not guarantee compatibility with all operating systems, smart phones, networks, including all versions of them. The use of the smart phone, site, and software, and automatic upgrades of the software, may require upgrades to computer or smart phone operating systems, networks, and application software. The Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and/or software and/or instrument, including loss of data or effect on the processing speed, resulting from your use of our Services. Any requirements for the functioning of the Application on your phone or device, such as sufficient battery back-up, internet network strength etc. is your sole responsibility. Nothing contained herein shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms. Without prejudice to the foregoing, none of the directors, officers, employees, and agents of the Company shall be personally liable for any action in connection with the Application or Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, OUR ENTIRE LIABILITY TO YOU SHALL BE LIMITED TO THE PLATFORM CHARGES PAID BY YOU, IN CONNECTION WITH WHICH THE CLAIM HAS ARISEN.
14. TERMINATION OF SERVICES / DELETION OF ACCOUNT
We reserve the right to terminate your account and access to all or any part of the Application or Services at any time, effective immediately, for violation of any of the terms of these Terms or applicable laws in force. If you wish to terminate your account, you may do so by following the instructions on the Application. However, any fees or applicable charges already paid will remain non-refundable even in the event of a termination of account. Please note that we may take time to process deletion requests, and after the account is deleted, we will not use your personal information for any processing unless required by us to comply with our legal obligations in accordance with these Terms and the Privacy Policy. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnity, and limitations of liability. We reserve the right to promptly terminate or suspend your account or remove or disable your access to any information that is unlawful. Upon suspension or termination, you must cease all use of our Services, and you may not create new accounts without our explicit permission. You may contact our support team for any inquiries related to account suspension or termination.
15. MODIFICATION OF TERMS OF USE
We reserve the right, at our sole discretion, to modify or replace any of the terms of these Terms, or change, suspend or discontinue any of our Services at any time with due notice to you via the App or by email. We may also impose limits on certain features and restrict your access to certain parts of the Application without notice or liability. You acknowledge that it is your responsibility to check these Terms for updates periodically. Your continued use of the Application and Services following the posting of any changes to these Terms will be deemed to constitute an acceptance of those changes.
16. APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India. For the purposes of these Terms, you consent to the courts of Bengaluru, India having exclusive jurisdiction over any and all disputes that arise out of, or in relation to or connected with these Terms.
17. MISCELLANEOUS
(a) You may incur access or data fees from third parties (such as your internet provider or mobile carrier) in connection with your use of Application. You are solely responsible for all such fees.
(b) You cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. The Company's rights under these Terms are freely transferable by the Company to any third parties without the requirement of seeking your consent.
(c) GetREAL welcomes user feedback and suggestions for improving the platform and its grievance redressal processes. Users are encouraged to provide constructive feedback to help enhance the user experience.
(d) Any feedback you provide regarding the Application shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information belonging to you or to third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) you are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances. (e) These Terms contain the entire agreement between you and us with respect to the subject matter hereof, and neither one of us shall have any obligation, express or implied by law, except as set forth herein.
(f) Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or any other provisions.
(g) In the event any provision contained herein is held to be invalid by a court of competent jurisdiction then the remaining portions of these Terms shall remain in full force and effect.
(h) These Terms may be modified or amended, and any obligation waived at the sole discretion of the Company.
(i) Unless otherwise specified in these Terms, all notices under these Terms shall be in writing and will be deemed to have been duly given when received, personally delivered, or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. All notices from the Company will be served by email to the account designated by you or by general notification on the Application. Any notice to be provided to the Company pursuant to the Terms should be sent to 'support@getreal.buzz’.
(j) In the event of lost or stolen account credentials or unauthorized access to your account, you must promptly inform us in writing at 'support@getreal.buzz.' We recommend changing your password immediately in such cases.
18. GRIEVANCE REDRESSAL AND GRIEVANCE OFFICER
If you wish to raise a query or complaint with us, please contact our Grievance Officer (contact details set out below) who shall acknowledge your complaint within 24 (twenty four) hours from the time of receipt of such complaint. Kindly note that once your complaint is received, we shall use our best efforts to redress it within a period of 15 (fifteen) days from the date of receipt of such complaint. GetREAL will strive to maintain transparency in its grievance redressal process and will inform users of the status and progress of their grievances whenever possible. [Please also note that all complaints will be acknowledged within 24 hours from its receipt and redressed within 15 days from the date of receipt.] Grievance Officer Name: Mr. Pradeep Ramachandra
Designation: Director
Email ID: pradeep@getreal.buzz
Contact Number: +91 90369 61780
19. CONTACT ADDRESS
Should you have any queries regarding the interpretation of these Terms or our Privacy Policy, you may contact us at [support@getreal.buzz].
20. REPORT ABUSE
In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Application, please report to the Grievance Officer, whose details are set out above.