Terms & Conditions
Section 1: Online courses & Masterclasses
The domain name www.musein.co.in (hereinafter referred to as "Website") is created and administered by Musein Creative Services Pvt. Ltd. under the brand name of Musein; as such the laws of India shall apply; courts in Hyderabad shall have jurisdiction in respect of all the terms, conditions and disclaimers. Musein reserves the right to make changes to the Website and the terms, conditions and disclaimers at anytime with or without prior notice.
THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT ("YOU," OR "YOUR") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF MUSEIN ("OUR", "WE" OR "COMPANY") SOFTWARE, MOBILE APPLICATIONS, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR "PRODUCTS"). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COMPANY PRODUCTS.
- Additional Terms.
If you are a Course Author (as defined below), you are also subject to the Course Author terms and conditions as mutually agreed and signed (the "Course Author Terms"), which are hereby incorporated by reference into these Terms. If you are a Course Author and there is a conflict between these Terms and the Course Author Terms, the Course Author Terms will govern.
The Products enable students ("Students") to connect with Course Author (the "Course Authors") who provide recorded instruction, tutoring, and learning services in Our proprietary online learning platform (the "Courses") through structured courses or online live masterclasses. Students and Course Authors are, collectively, "Users." The Products include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.
Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.
The Company may modify the Products or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due.
If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.
All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person's Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
- General Disclaimer.
The Site is a marketplace for Course Authors and Students. We are not responsible or liable for any interactions involved between the Course Authors and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Course Authors or Students, including, but not limited to, any Student's reliance upon any information provided by a Course Author. The information contained in this website is for general information purposes only. While We endeavour to keep the information up to date and correct, We make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance You place on such information is therefore strictly at your own risk. In no event will We be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
The Site and Products may give You access to links to third‐party Websites ("Third Party Sites"), either directly or through Courses. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. You agree not to use the Products or the Company Content (as defined below) to recruit, solicit, or contact in any form Course Authors or potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion.
- Specific Obligations of Students using the Site.
If You are a User in search of or participating in a Course, You are a Student and the following additional terms and conditions apply, and You represent, warrant and covenant that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
- You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval or a parent or legal guardian. People age of 18 may not register for an account or register or purchase Courses.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Course Author as applicable;
- You will not disclose any personal information to a Course Author, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
- You will not solicit personal information from any Course Author or other User.
To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse. All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is "Company Content." Content uploaded, transmitted or posted to the Site with Our assistance is "Submitted Content." You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
You hereby grant the Company a non‐exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Course Authors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time.
The Company hereby grants You (as a User) a limited, non‐exclusive, non‐transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non‐commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Course Authors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
You agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant the Company permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS.
If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company in accordance with the procedures that We maintain at www.musein.co.in/terms
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
- Pricing disclaimer
All prices, products and offers by Our Website are subject to change without notice. While We make sure to provide most accurate and up to date information, in some cases one or more items on our web site may be priced incorrectly. This might happen due to human errors, digital images, technical error or a mismatch in pricing information received from our suppliers. Musein reserves the right to change prices for all our products, offers or deals. These changes are done due to market conditions, course termination, providers, price changes, errors in advertisements and other mitigating circumstances. However, the price paid at the time of purchase will be valid for the duration of the course.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to India. and foreign trademark laws. All rights are reserved, and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
- Warranty Disclaimer.
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY'S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION 12 DOES NOT EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILTY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You under this Section 13, and in such case, You agree to fully cooperate as reasonably required with such defence and in asserting any available defences.
We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are a Course Author). You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at contact@Musein.co.in (but if You are a Course Author then Students enrolled in Your Courses prior to termination shall continue to have access to them for the duration of the Course). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights to payment and Sections 4, 5, 10‐15 and all representations and warranties shall survive termination.
- Electronic Notices.
By using the Products or communicating with Company, You agree that Company may communicate with You regarding security, privacy, administrative issues and other issues relating to Your use of the Products or these Terms via e‐mails, SMS, phone calls or through announcements on the Website. If Company learns of a security system's breach, Company may attempt to notify You electronically by posting a notice on the Products or sending an email to You.
- Entire Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Musein.co.in with respect to the Musein.co.in Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Musein.co.in with respect to the Musein.co.in Websites/services. Musein.co.in failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
- Liabilities. Website cannot be held responsible for any misuse of your account due to lack of security by the user.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
- No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Section 2: Expert advisory sessions
Following are the user terms and conditions that are to be followed by the user while using www.musein.co.in (Henceforth referred to as the 'Website') and/or any of its services.
- As used, User means an individual who uses the Website or any services offered on it.
- As used, Expert refers to an individual who has offered to give his or her services through advisory sessions on the Website.
- The Website is owned, managed and operated by MUSEIN CREATIVE SERVICES Pvt Ltd. (Henceforth referred to as 'Musein' or the 'Company').
Musein retains the right to change or terminate any or all features or services offered on the Website, User or Expert terms and conditions. Musein advises Users to read the following terms and conditions thoroughly.
You Agree by Using This Service That You Are Above 18 Years of Age and Can Legally Enter Into a Legally Binding and Enforceable Contract.
Conditions of Service
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services.
This agreement is a contract between the User and Musein for the User's use of the Website or any services offered by it. By using the Website you are agreeing to and accepting and getting bound by this contract.
Musein conducts background checks on Experts in order to make sure that the information supplied by them is correct and up to date however Musein will not be held liable for and makes no representation, warranty or guarantee whatsoever of:
- The exactness and correctness of the information supplied by the Expert
- Ability of the Expert to provide advice
- Service or advice provided by the Expert
- Satisfaction of the customer with regard to the services delivered by the Expert
- Adequate solution of the User's question, doubt or query
- Suitability of the service or advice provided by the Expert to the User
- Communications between the User and the Expert
- Validity, accuracy, completeness, legality, safety, quality, applicability of any content on the Website
The User agrees to hereby release and hold harmless Musein from any and all causes of action, claims of any nature and damages resulting from the advice of Experts accessed through the Website or from the content of the Website.
Each User at the time of registration will create a personal account with Musein. This account will be used for all further correspondence regarding the sessions. The customer will also get regular email updates on the email address they have registered with. The customer is responsible for, maintaining the security of their account on the Website and its content, and for all activities that occur under the account and any other actions taken in connection with the Website. The customer must not describe or assign content to their account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Musein may change or remove any data considered inappropriate or unlawful, or otherwise likely to cause Musein liability. The User must immediately notify Musein of any unauthorized uses of their account or any other breaches of security. Musein will not be liable for any acts or omissions by the customer, including any damages of any kind incurred as a result of such acts or omissions
Musein Intellectual Property
The Website and any offline communication to the User or Expert contains copyrighted material, trade secrets and proprietary information owned by Musein. This Agreement does not grant to the User any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Website or any communication whatsoever; or any material or information appearing on the Website or any services offered by Musein. The User may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Musein. Furthermore, the User may not sublicense, assign, transfer, sell or make any other commercial use of his or her membership in the Website.
The Customer may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Musein, or take any other action that infringes upon or impairs Musein's trademark or other intellectual property rights.
Musein is the sole owner of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Website and in any software, application, graphics, content and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Musein shall retain all ownership rights in and to all content displayed on the Website or communicated otherwise including copies of data transferred or received by the User through the Website or otherwise through any offline communication. This section shall survive expiration or termination of this Agreement.
Disclaimer of Warranty
Musein makes no warranty whatsoever for any services offered on the Website. The Website is a service that is offered 'as is' and Musein will not be responsible for any error in the services, categorisation of Expert on the website or information provided by the Expert to the User through the website or any other method. The User must exercise caution in deciding to rely on information provided by the Expert. The User's use of the Website for any services offered is at their own risk and Musein will not be responsible or liable for any delay, or interruption in or improper use by User, its employees or its agents of the Website and materials. The customer shall not have any claim against Musein or its affiliates, officers, directors, shareholders, employees, managers, members, agents or contractors with respect to any advice or service provided by an Expert to the User to the fullest extent of the law, Musein expressly disclaims all warranties or any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Musein does not make any guarantees or any representation or warranty regarding the timeliness, reliability, accuracy, completeness, correctness, or usefulness of the Website services or the appropriateness, fitness, or suitability of any activities to which the Website services relate.
Limitation of Liability
Musein is not liable to the User for any direct, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, compensatory, special, or other intangible losses connected with or resulting from the User agreement or the User's (or its employees or agents) use or misuse of the Website or any of its services. Under no circumstance will Musein's total liability of all kinds arising out of or related to the User's (or its employees or agents) use or misuse of the Website, regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the total amount paid by the customer to the Expert in the past 2 months from the date of claim. The User will be solely responsible for any agreement made with an Expert and Musein shall not be liable for enforcing any such agreement. The User hereby releases Musein and its affiliates, and their respective officers, directors, shareholders, employees, managers, members, agents and contractors from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney's fees, which the User may have against one or more of the above in connection with any dispute regarding any transaction customer conducted through Musein.
The Customer agrees that while using the services offered on the Website, he or she will abide by the following rules and regulations:
- The User agrees to pay Musein for all services rendered to him or her and abide by the pricing terms set by the Experts while using the Website. The customer agrees that all interactions online or offline will be billed through the Website.
- The customer agrees to not make any deal or arrangements outside of the Musein website or platform to have contact with Experts contacted through Musein
- Customer agrees to provide Musein an unlimited, irrevocable and royalty free license to use, reproduce, transmit, create derivative works or communicate to the public for publicity purposes, any information or content that he or she posts, transmits, receives or shares on the Website
- The User agrees not to undertake any action to undermine the integrity of the User Feedback & Rating system
- The User agrees to not be involved in any activity to disrupt servers or computers connected to the Website, gain unauthorized access to servers/computers connected to the Website; transmitting unlawful libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind
- The User will not violate any applicable local, state, national or international law
- The User will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application; or (D) any information or material which may constitute or encourage conduct that is a criminal offense, civil wrong or which otherwise violates any applicable law
- The User agrees that opening any files sent or received across the Website is the sole risk of the customer and Musein takes no responsibility of the material or content transferred through these files and any damage that may result from opening these files
- The User will not stalk, threaten or harass Experts or other Users or infringe upon or attempt to infringe upon their privacy
- The User shall be responsible for his or her own Internet access, software, and hardware necessary to conduct a consultation with an Expert
- The User shall be on time for any consultation or meeting scheduled with an Expert
- The User will not disobey or breach this agreement or any other instructions issued by Musein through the Website
The User shall indemnify, defend and hold harmless Musein and its members, managers, employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorney's fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Musein or such party, to the extent that such a claim, suit, action or other proceeding is based on or arises from:
- Any breach of any representation, warranty, covenant or agreement to be performed by the User according to this Agreement.
- Refusal by the User to pay for services provided by the Expert.
- Any material/content shared by User whether through the Website or otherwise.
Fees and Payment
The User will pay the fees for the Expert Services offered through the Website as set forth on an Expert's profile page on the Website, plus any applicable taxes. All Fees will be collected by Musein prior to any consultation with an Expert.
The User may be asked to provide customary billing information, such as name, billing address and credit or debit card information, either to Musein or its third party payment processor. The User agrees to pay Musein for any scheduled Expert Services by one of the methods described on the Website. The User hereby authorizes the collection of such amounts by charging the credit or debit card provided as part of requesting the Expert Services, whether charged directly by the Expert or indirectly, via a third party online payment processor or by any other payment method described on the Website.
Modifications to this Agreement
Musein may change this Agreement or any part thereof at any time according to its absolute discretion and without any prior notice. Therefore, the User is encouraged to check the terms of this Agreement frequently. By using the website after any changes, the User agrees to be bound by such changes to this Agreement.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Following are the Expert terms and conditions that are to be followed by the Expert while using www.Musein.com (Henceforth may be referred to as the 'Website') and/or providing any service through www.Musein.com.
As used, an Advisory Session is described as an interaction between a User and an Expert; pre-booked by the User on the Website for consultation being offered by such Expert. Said session is undertaken through one of the modes of communication with certain terms and conditions as described below.
Musein retains the right to change or terminate any or all features or services offered on the Website, User or Expert terms and conditions.
YOU AGREE BY USING THIS SERVICE THAT YOU ARE ABOVE 18 YEARS OF AGE AND CAN LEGALLY ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
Conditions of Service
By accepting to be an Expert on Musein you agree that you have read, understood and are bound by the Terms, regardless of how you use this platform; if you do not wish to do the same then your only option is to discontinue the use of this Website.
This agreement is a contract between the Expert and Musein for the Expert's use of the Website or offering any services through it.
Musein conducts no background checks on Users in order to make sure that the information supplied by them is correct and up to date and Musein will not be held liable for and makes no representation, warranty or guarantee whatsoever of:
- The exactness and correctness of the information supplied by the User
- Communications between the User and the Expert
- Validity, accuracy, completeness, legality, safety, quality, applicability of any content on the Website
The Expert agrees to hereby release and hold harmless Musein and all its members & officers from any and all causes of action, claims of any nature and damages resulting from the advice of experts accessed through the Website or from the content of the Website.
It would be the duty of every Expert to:
- Make sure that the information given in their profile is true to his or her knowledge.
- Provide prompt updates to Musein for any changes in the Musein's Profile
- Ensure that the information in his or her profile is updated as per current state of affairs.
Pricing the Sessions
A price will be allotted to each Expert by the Musein Team which can be increased over time depending on their performance on the platform. The price will depend on various factors described in the Expert registration form.
Cancelling a Session
In the event of the cancellation of a confirmed session by the Expert, it is the duty of the Expert to notify the Musein as soon as possible.
Reviews & Ratings
The User will have an option to review and rate an Expert post having a session with them, based on their session experience
The ratings and reviews will be visible to all Users on the Website as a means to help them select the best Expert for their doubts.
Remuneration to the Expert will include pay per session model based price for sessions delivered minus the Musein Fee, TDS to the government and any discounts due to cancellations. Musein will maintain a monthly tab on this due amount.
The amount due to the Expert will be paid on the last working day of each month through a bank transfer.
Non Availability of Expert
The Expert should notify Musein if he or she would not be available to reply to users or hold sessions for a considerable amount of time which is a period greater than 15 days.
The said Expert would be obliged to hold all pending sessions in the leave duration failing which conditions of cancellation will apply. The Expert profile would accordingly be edited to inform potential customers that the Expert is temporary unavailable.
The Expert can terminate his or her association with Musein at any point of time, without any notice period.
Musein can terminate association with an Expert without any prior notification, notice period and reason. Any dues pending to the Expert (in the form of remuneration or any such amount) will be duly paid within one month of termination.
On termination of association, the profile of the Expert will be removed from the Website within 7 working days.
At no point will the Expert's personal information (including contact number, email address and other such information) be revealed by Musein to any third party.
Official accounts assigned by Musein shall be used for conducting of sessions and related communications.
Disclaimer of Warranty
Musein and its associated vendors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Musein does not make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Usage of the Website is at the Expert's own discretion and risk.
Limitation of Liability
In No Event Shall Musein Be Liable for Any Damage, Claim or Loss Incurred by an Expert, Including Without Limitation Compensatory, Incidental, Direct, Indirect, Special, Consequential or Exemplary Damages, Irrespective of Whether Musein Has Been Informed of, Knew of, or Should Have Known of the Likelihood of Such Damages. This Limitation Applies to All Causes of Action in the Aggregate Including Without Limitation Breach of Contract, Breach of Warranty, Defamation, Negligence, Strict Liability, Misrepresentation, and Other Torts, as Well as Third-party Claims. If the Warranty Exclusions or Limitations of Liability Set Forth in This Use Agreement Are for Any Reason Held Unenforceable or Inapplicable, the Expert Agrees That Our Aggregate Liability Shall Not Exceed Inr 5,000.
The Expert will indemnify, defend and hold harmless Musein, and its members, managers, employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Musein or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by the Expert according to this Agreement; (b) The Expert's provision of consultation or counselling to any third party, regardless of whether or not they are Users of Musein; or (c) any materials that the Expert has posted to the Website and/or any content on Expert's Website or otherwise provided to Users.
The Expert shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Musein. Any purported assignment by the Expert without the appropriate prior written approval of Musein will be null and void and of no force or effect.
Musein grants the Expert a nonexclusive, revocable right to use the Website provided that the Expert does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
The Expert is responsible for, maintaining the security of their account on Musein and its content, and for all activities that occur under the account and any other actions taken in connection with the Website. The Expert must not describe or assign content to their account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Musein may change or remove any data considered inappropriate or unlawful, or otherwise likely to cause Musein liability. The Expert must immediately notify Musein of any unauthorized uses of their account or any other breaches of security. Musein will not be liable for any acts or omissions by the Expert, including any damages of any kind incurred as a result of such acts or omissions
The Expert hereby agrees to:
- Maintain such skills, qualifications and licenses, including remaining in good standing as licensed professional in any jurisdiction, as may be required by that jurisdiction, where the Expert practices his or her profession
- Provide only true and correct information to Users and not to mislead Users to believe that Expert can provide advice, consultation or counselling which is outside Expert's field of expertise
- Respond to each session request and by the User within 48 hours of such request being submitted to the Expert
- Maintain appropriate equipment and internet connections in order to fulfil the sessions through email, audio and web chat conferences through accounts hosted by the Musein
- Endeavour to accept as many requests for sessions as reasonably possible, provided, however, that Expert shall not be expected to accept requests for sessions in situations that may place Expert's business at risk, including competitive risks. Musein will not be responsible for the verification of the identities of customers
- All contact between Experts, Users and any other users who are introduced through the Musein website must be conducted only through Musein. Any exchange of contact information or communication outside of the Musein, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement
- The Expert will not take any actions which may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on the Website.
- The Expert will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code
- The Expert will not participate in Musein in any manner that is in violation of the rules, regulations or code of conduct of his or her current employer(s), including not divulging any restricted, confidential or otherwise proprietary information of any sort
- Musein will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements; (c) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law
- The Expert will not impersonate any person or entity, or make any false statement regarding the Expert's employment, agency or affiliation with any person or entity.
- The Expert will not harm, stalk, threaten or harass Users or other Experts or invade or attempt to invade their privacy
- The Expert will not disclose any information that was provided to the Expert by a User and will use his or her best efforts to guard the User's privacy
- Musein may, in its absolute discretion, record calls for quality and assessment purposes.
- Musein may review the Expert's personal profile and amend any typing or spelling errors. Musein may, in its absolute discretion, remove or refuse to post or transmit in part or full any content uploaded by the Expert. In such case, Musein may, but is under no obligation to, notify the Expert of such removal or refusal. Without limiting the foregoing, Expert may remove any content violating this Agreement. The Expert will bear all the risks associated with uploading and transmitting material utilizing the Website, including reliance on its accuracy, reliability or legality.
Use of Site
The Expert agrees not to use the site to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site
- Upload, post, transmitted it or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation
- Upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above
- Musein assumes no responsibility for monitoring the Website for inappropriate Content or conduct. If at any time Musein chooses, in its sole discretion, to monitor the Website, Musein nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content
- The Expert is solely responsible for their use of the Website, the Content that the Expert posts on or through the Website, and any material or information that the Expert transmits to other Members and for their interactions with other Users.
- The Expert will not attempt to gain unauthorized access to other computer systems or networks connected to the Website, and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings.
- The Expert agrees to comply with all applicable laws regarding use of the Website. The Expert may not use the Website to solicit the performance of any illegal activity or other activity which infringes the rights of Musein or others.
- The Expert agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person's use of the Site
- The Expert may not attempt to gain unauthorized access to any portion or feature of the Website by hacking, password "mining" or other illegitimate method of gaining access to restricted data.
The Expert will not conduct sessions or arrange consultations with customers gained through Musein outside the purview of Musein.
The Expert shall not, without prior written authorization of Musein, disclose to anyone outside Musein or use in other than Musein any information, documentation or materials provided by Musein. Such materials shall be considered confidential and proprietary, including without limitation, these Expert Terms and Conditions and any other information, documentation and materials not generally disclosed by Musein outside the Musein Facility. The Expert shall use information received from Musein only to exercise rights and perform obligations under the Expert Terms and Conditions.
Musein may produce advertising material for publication detailing the Musein Facility and particular Experts. This material may include a particular Expert's full name, location, image(s) and job title/business name in conjunction with Musein marketing materials, including the Website. The Expert hereby permits the use of such information as is reasonably necessary for these purposes and consents to the publication of relevant text and images in Musein's materials and publicity.
If the Expert fails to comply with the any of the above sections, Musein may terminate the Expert Agreement immediately without prior notice and withhold any payments due to such Expert.