TERMS AND CONDITIONS
Welcome to Do Your Thng Studio.
The terms of this Terms and Conditions (as defined hereinafter) are an electronic record in terms of the Indian Contract Act, 1872, the Information Technology Act, 2000 and the rules made thereunder, as may be amended, supplemented or re-enacted from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Cedreto Marketing Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at M-17, Gyan Deep Sagar Vihar Colony, Vaishali Nagar, Ajmer Rajasthan – 305001, India (“DYT”or “Company” or “us” or “our”) owns, manages and operates Do Your Thng Studio (“DYT Studio”) through its website available at https://studio.doyourthng.com/ and mobile application (collectively referred to as “DYT Studio Platform”) to facilitate a platform to its users for conducting workshops (“Workshop”) which includes (i) the host of such Workshop (“Host”) and (ii) the attendee of such Workshop (“Attendee”) (collectively referred to as “User” or “Users” or “You” or “your”) subject to the terms and conditions set out below (hereinafter referred to as the “Term of Use or “TOS” or “Terms“).
These Terms and Conditions supersede all previous oral, written terms and conditions (if any) communicated to User and shall act as a binding agreement between Company and the User. The Company reserves the right to revise, update, amend or modify these Terms and Conditions at any time by posting an updated version of Terms and Conditions on the DYT Studio Platform. You are requested to visit this page periodically to review the updated/amended Terms and Conditions because they will be binding on You. The updated Terms and Conditions shall be effective immediately and shall supersede any previous Terms and Conditions. The Company shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications.
IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS DYT STUDIO PLATFORM IN ANY MANNER.
I. APPLICATION OF TERMS AND CONDITIONS
The following Terms and Conditions shall apply to any User, including the Host and the Attendee, who uses the DYT Studio Platform. By agreeing to use DYT Studio Platforms and/or initiating a request to participate or attend any Workshop on DYT Studio Platforms you are hereby deemed to agree to comply with, abide and bound by these Terms and Conditions which is an agreement between You and the Company in terms of Indian Contract Act, 1872 and Information Technology Act, 2000 and rules thereunder as applicable.
You must have attained the age of 18 (eighteen) years to visit or use DYT Studio Platform in any manner. By visiting DYT Studio Platform or accepting these Terms and Condition or by downloading, installing or otherwise accessing or using the DYT Studio Platform, You represent, warrant and confirm to the Company that You are 18 years of age or older, and that You are fully able, and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in these Terms and Conditions, and to abide by and comply with the terms stated therein.
You can register to participate or attend any Workshop at the DYT Studio Platform only if you are competent, under the Indian Contract Act, 1872, to enter into a binding contract. As per the Indian Contract Act, 1872, the person who are ‘competent to contract’ includes a major, a person of sound mind, a person who is not discharged insolvent etc.
If You are using the DYT Studio Platform on behalf of an entity, organization, or company, You represent and warrant to us that You have the authority to bind such organization to these Terms and Conditions and, You agree to be bound by these Terms and Conditions on behalf of such organization.
III. SERVICES PROVIDED TO USERS
To the Host:
DYT Studio Platform is a platform which allows its Users to conduct Workshop and provide content creation services to the Attendee. For conducting any Workshop, the Host is required to create an account on the DYT Studio Platform. After creating an account on the DYT Studio Platform, the Host can showcase its content by conducting a Workshop subject to these Terms and Conditions. The payment terms of the Host are covered under the Payment Terms of this Terms and Conditions.
To the Attendee:
DYT Studio Platform allows you to attend Workshop which shall be conducted by the Host. Any Attendee who wishes to attend and book a slot for attending a Workshop at the DYT Studio Platform shall be bound by these Terms and Conditions. The Attendee is required to book a slot for attending a Workshop by making the payment of the booking amount at DYT Studio Platform. The Company may provide any content or recording of any Workshop upon receipt of an email request at firstname.lastname@example.org on its sole discretion.
IV. USER ACCOUNT
Applicable to the Host and the Attendee:
The Company ensures easy access to the Users by providing a tool to update their user account information at the DYT Studio Platform. The Company reserves the right to moderate the changes or updates requested by the Users and the Company shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in the respective user account. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your user account or otherwise while using DYT Studio Platform, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, the Company may modify or delete parts of your profile information at our sole discretion with or without notice to you.
Excluding your user account information and content of Workshop, you acknowledge that the DYT Studio Platform and all the intellectual property rights, including copyrights, patents, trademarks, designs, and trade secrets in relation to the above are solely owned by the Company.
Subject to your compliance of these Terms and Conditions, the Company grants you a limited, non-exclusive, non-transferable license (i) to conduct, view, attend, and participate in any Workshop at DYT Studio Platform solely for entertainment purpose; and (ii) to the Host to conduct, stream, broadcast, modify, display, edit and download any content relating to the Workshop, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the DYT Studio Platform and Workshop, except as expressly permitted in the Terms and Conditions. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions. The DYT Studio Platform and the intellectual property rights vested therein and on the content posed therein are owned by the Company.
VI. FEES AND PAYMENT TERMS
Applicable to the Host:
Subject to these Terms and Conditions, the Host shall be entitled to the payment of the Fees (as defined hereinafter) as a consideration for conducting Workshop at the DYT Studio Platform and/or for rendering any services thereof. “Fees” shall mean the Workshop Price (as defined hereinafter) inclusive of 18% GST and DYT Studio Platform Fees (as defined hereinafter). “Workshop Price” shall be the price quoted by the Host and accepted by the Company thereof for conducting the Workshop at DYT Studio Platform. The Hosts are requested to quote their respective Workshop Price at the time of registering for conducting their Workshop at the DYT Studio Platform. “DYT Studio Platform Fees” means 20% of the Workshop Price. 1% TDS shall be deducted from the Fees applicable to the individuals and 2% TDS shall be deducted from the Fees applicable to companies. The payment of the Fees will be transferred to the Host’s DYT wallet within 24 hours of the successful completion of a particular Workshop hosted by the Host.
Applicable to the Attendee:
You agree to pay the booking amount at the time of registering for a slot for attending any Workshop at the DYT Studio Platform. The booking amount shall be the price presented to you by the Company on the DYT Studio Platform which shall be inclusive of GST. Payment against the booking amount can be made online through debit card/credit card/internet banking or any mode of payment which is made available to you at the DYT Studio Platform. The booking amount paid by you is non-refundable, except as provided in these Terms and Conditions.
VII. CANCELLATION POLICY
Please refer to our [Cancellation Policy]. Our Cancellation Policy is hereby incorporated into these Terms and Conditions by this reference.
Applicable to the Host:
The Host agrees to not contact or attempt to contact the Attendee or to share the presentation or the recording of the Workshop with the attendees in any manner whatsoever, unless expressly permitted by the Company. There shall be no communication between you, the Attendee and any other User of the DYT Studio Platform. The Company shall act as the liaison between you and the Attendee and other Users. You agree to notify the Company immediately if a person suggests to you making or receiving payments other than through the DYT Studio Platform in violation of this section or if you receive unsolicited contact outside of the DYT Studio Platform.
Applicable to the Attendee:
The Company shall act as the liaison between the Host and the Attendee. The Attendee shall not, directly or indirectly, attempt to circumvent, avoid or bypass the intent of these Terms and Conditions, to avoid payment of Fees in connection with any Workshop or enter into a transaction involving any probable Workshop directly with the Host. You agree to notify the Company immediately if a person suggests to you making or receiving payments other than through the DYT Studio Platform in violation of this section or if you receive unsolicited contact outside of the DYT Studio Platform.
The User hereby agrees and undertakes to not use the DYT Studio Platform for any purpose that is prohibited by these Terms and Conditions; or other rules or policies implemented by the Company from time to time; or in violation of any applicable laws. The Workshop and any other services provided to you on the DYT Studio Platform is only for your own personal and non-commercial use.
The User hereby agrees not (and shall not permit any third party to) to take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company, without prejudice to its rights under these Terms and Conditions, reserves the right to disable any User account from the DYT Studio Platform at any time for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if the Company finds out that You may have violated these Terms and Conditions, or for no reason at all with or without notice to the User/Users.
The User hereby agrees and undertakes to not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
The User agrees and undertakes to not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the DYT Studio Platform or any Workshop or activities conducted on the DYT Studio Platform; (iii) bypass any measures that the Company may use to prevent or restrict access to the DYT Studio Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the DYT Studio Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the DYT Studio Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
The User shall not access the DYT Studio Platform, and/or any Workshop or its services, or the personal information of other Users, available on the DYT Studio Platform in order to build a similar or competitive website, product, or service.
The User hereby agrees to immediately notify us of any unauthorized use, or suspected unauthorized use of its user account, or any other breach of security, in relation to your personal information on the DYT Studio Platform.
Users shall be prohibited from carrying out the any illegal acts in the DYT Studio Platform including but not limited to acts mentioned below:
- violating or attempting to violate the integrity or security of the DYT Studio Platform;
- transmitting any information on or through the DYT Studio Platform that is disruptive or competitive to the provision of our services;
- intentionally submitting on the DYT Studio Platform any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the DYT Studio Platform;
- running a coded script/algorithm on the Platform to extract any information or perform any activity. All action on the DYT Studio Platform should be done by human interaction, and machine interaction is strictly prohibited;
- circumventing or disabling any digital rights management, usage rules, or other security features of the DYT Studio Platform;
- Any unlawful activities in the DYT Studio Platform which are prohibited by laws of India.
The Company may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, the Company shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
The Company highly discourages any content which, directly or indirectly, hurts sentiments/creates bad influence/causes damage or which, directly or indirectly, is likely to hurt sentiments/create bad influence/cause damage to any person (living or dead), group of persons, religion, race, caste, sex, state, country or any other. Any content created by the Host is the outcome of his/her idea, perception and judgment, we, under no circumstances, motivate or encourage the Host to create content causing or likely to cause hurt, bad influence or damage of any kind whatsoever. It shall be the responsibility of the Host or any User to create content which would not have a bad impact/influence or cause damage or hurt sentiments of anyone. In case of any disturbances caused due to content of Host, we shall not be held responsible for the same. The Host shall be solely responsible for its content used for conducting the Workshop.
XI. COMPANY AND USER MATERIALS
While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Workshop, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for purpose permitted under these Terms and Conditions and not for any commercial use.
Applicable to the Host:
The content created as a part of any particular Workshop whilst conducing any Workshop to any Attendee shall remain the property of the Host (“Host Material”). The Company does not have and shall not assume any rights in the Host Material unless expressly assigned or transferred by the Host to the Company. The Host hereby provides the Company with an exclusive, transferrable, perpetual and irrevocable license to use the Host Material for the purpose of effectuating the required mechanism for enabling the Host to conduct the Workshop at DYT Studio Platform. Host hereby agrees and acknowledges that Host Materials dies not and shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement.
XII. TERMINATION AND CANCELLATION
Cancellation or Suspension of Workshop:
The Company reserves the right to cancel any Workshop or temporarily suspend access to the whole or any part of any Workshop or any services provided at the DYT Studio Platform for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to You in such an event. Further, the Company may, but shall not be obliged to, give you notice of any interruption of access to the Workshop or our service.
The Company may cancel any Workshop or temporarily suspend access to the whole or any part of any Workshop for pre-scheduled maintenance. If you choose to access the DYT Studio Platform or avail services during such pre-scheduled maintenance, the Company cannot guarantee the availability of the Workshop or any services and/or functionality of the DYT Studio Platform.
Termination or Suspension of user accounts:
The Company may terminate your usage of the DYT Studio Platform at any time for any reason, including breach of the Terms and Conditions. The Company has the right (but not the obligation) to refuse to grant access to DYT Studio Platform. Except for the rights and license granted in these terms, the Company reserves all other rights and grants no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User shall not continue to use the DYT Studio Platform under the same account, a different account or re-register under a new account and any such use or attempted use by the User shall be in breach of these Terms and Conditions and hence illegal. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the DYT Studio Platform by such User. All provisions of these Terms and Conditions, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
XIII. NO WARRANTY
THE WORKSHOP OR ANY SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE WORKSHOP OR ANY SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE DYT STUDIO PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE DYT STUDIO PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE DYT STUDIO PLATFORM IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the DYT Studio Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation; or (iii) any infringement claims filed against the Company due to your act of omission or commission. The Company reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
XV. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE DYT STUDIO PLATFORM SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE DYT STUDIO PLATFORM SERVICES (III) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Workshop or services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
- your failure to cooperate;
- your unavailability and/or unresponsiveness;
- your failure to provide accurate and complete information;
- your failure to provide or facilitate the submission of user materials in timely manner; and
- any event beyond Company’s reasonable control.
XVI. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the DYT Studio Platform or any Workshop or services, the Terms and Conditions or any transactions entered into on or through the DYT Studio Platform shall be subject to the exclusive jurisdiction of the courts at Delhi, India and you hereby accede to and accept the jurisdiction of such courts.
The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Workshop and usage of DYT Studio Platform.
If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
XVIII. GRIEVANCE REDRESSAL MECHANISM
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
Attention: Ankit Agarwal
Email ID: email@example.com
Address: M-17, Gyan Deep Sagar Vihar Colony, Vaishali Nagar, Ajmer Rajasthan – 305001, India
XIX. SUPPORT AND COMPLAINT REDRESSAL
The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at firstname.lastname@example.org. The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within thirty (30) days of receipt of the complaint.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the DYT Studio Platform shall not be construed as a warranty.
You agree that the Company may contact you through telephone, email, SMS, WhatsApp or any other means of communication for the purpose of:
- obtaining feedback in relation to DYT Studio Platform or any Workshop or our services;
- obtaining feedback in relation to any Host or any other Users listed on the DYT Studio Platform;
- resolving any complaints, information, or queries by other Users; and
- You agree to provide your fullest cooperation further to such communication by the Company.
By submitting suggestions or other feedback regarding our Workshop and/or DYT Studio Platform, you agree that the Company can use and share such feedback for any purpose without any compensation to you and the Company is under no obligation to give such feedback confidential.
If you have any questions regarding any Workshop or any services or usage of the DYT Studio Platform, please contact Company at email@example.com. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.