Legal | The Metropolitan School of Music

Legal Information

Website Policy | Payments & Refunds | BehavioUr & Language

Use of Website and Privacy Policy

The Terms are an enforceable agreement between Metropolitan Education and Testing Services Private Limited, a company incorporated in the Republic of India (CIN U74999DL2015PTC285380) and having its registered address at C 21, Silver Oak CGHS, 109 Indraprastha Extension, Delhi 110092, Republic of India and GST number 06AAJCM9373Q1ZI, ("METS", "we" "our" or "us") and operating business under the trading styles of ‘The Metropolitan School of Music' for classroom education and 'MusicSchool.Live' for online education and managers of the websites at domains metsmsm.com and musicschool.live respectively (each a "Website", and collectively "Websites") and you, the user of the Website, whether you are a student, faculty member, staff member, alumnus, a group, association, corporation, or other individual or organisation.

If you do not agree to the Terms of Use of Website ("Terms"), you are not authorised to use any of METS managed Websites. METS reserves the right to change the Terms in its sole discretion, and post such changes on the Websites. If METS decides that it is appropriate, it may also provide additional notice of more significant changes. Any modified Terms are effective immediately upon posting. By continuing to use this Website after METS posts modified Terms, you agree to be bound by them. Nothing in the Terms overrides the application of other METS rules and policies.

YOUR INFORMATION

You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times. We may refuse to accept your application to register as a Website Member for any reason in our absolute discretion.

USERNAME AND PASSWORD

When you register as a Member of our Websites you will be asked to select a user name and password. You should keep your user name and password confidential and you must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure or for routine security. You can alter your password via facility provided in the Websites.

SUSPENSION AND TERMINATION OF MEMBER ACCOUNT

You agree that we may at any time without notice terminate your Member account and delete all information stored on it, unless it contains course materials that have not exceeded their expiry date.

RESERVED RIGHTS

We reserve the right to withdraw all or part of the Websites at any time.

TRADEMARK NOTICE

METS marks and associated logos are trademarks and service marks of METS (“METS Trademarks”). All other trademarks, service marks, and logos used in the site are the trademarks, service marks, or logos of their respective owners. No trademark or service mark appearing on the site may be used without the prior written consent of the mark’s owner. You may not use METS Trademarks without valid, written authorization from us. Additionally, you may not use METS Trademarks in any manner that (a) will likely cause confusion about the source of any product or service, (b) implies that METS sponsors, endorses, or is affiliated with any third-party activity, or (c) disparages or discredits METS or any of its officers or personnel. You may not register any domain names containing any METS Trademarks without prior written consent in each case from us.

ONLINE CONDUCT

You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in the termination of your use of the Website.

Restricting or inhibiting any other user from using and enjoying the Website and services;
Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful information of any kind;
Posting or transmitting any advertisement, promotion, or solicitation of goods or services for commercial purposes without prior written approval from us;
Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Posting or transmitting materials in violation of another party’s copyright or intellectual property rights;
Using the Website for any commercial or unlawful purposes; or
Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website.

Your use of the Website indicates that you agree to be bound by the Terms. If you do not agree to the Terms, please do not enter the Website. If you are not yet eighteen years of age, a parent or guardian may agree to be bound by the Terms on your behalf.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, and then you can be assured that it will only be used in accordance with this privacy statement.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

We may collect the following information:

Name and bio information such as gender and date of birth.
Contact information including email address
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in suitable measures.

USE OF COOKIES

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyses web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyses data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at connect@metsmsm.org

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

DISCLAIMER OF WARRANTIES

THE SITE AND THE SERVICES AND MATERIALS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” METS DOES NOT WARRANT THAT THE SITE OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH THE SITE. METS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITE OR SERVICES AVAILABLE THROUGH IT, INCLUDING USER CONTENT, OR THROUGH LINKS TO OTHER WEB SITES. METS RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE. IF YOU RELY ON THE SITE AND ANY MATERIALS OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

YOU SPECIFICALLY ACKNOWLEDGE THAT METS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THIS TYPE OF CONDUCT RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, METS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT, INFORMATION, GOODS OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH METS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER MALICIOUS CODE TO THE SITE, METS DOES NOT GUARANTEE OR WARRANT THAT THE SITE, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH THE SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. METS IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

LIMITATION OF LIABILITIES

METS AND ITS OFFICERS, TRUSTEES, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN THE SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH THE SITE INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL METS OR ITS OFFICERS, TRUSTEES, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES AVAILABLE THROUGH THE SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT, STATUTORY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

GENERAL

The Terms, which include the Privacy Policy, are the complete agreement between you and METS regarding your use of the Website, and any and all prior or contemporaneous written or oral agreements existing between you and METS are expressly cancelled. Any heading, caption, or paragraph title contained in the Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision contained within the Terms.

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Terms & Conditions of Online Payments and Refunds

The Terms and Conditions contained herein shall apply to any person (“User”) making payments to Metropolitan Education and Testing Services Private Limited, a company incorporated in the Republic of India (CIN U74999DL2015PTC285380) and having its registered address at C 21, Silver Oak CGHS, 109 Indraprastha Extension, Delhi 110092, Republic of India and GST number 06AAJCM9373Q1ZI, ("METS", "we" "our" or "us") for making payments through an online payment gateway service (“Service”) offered by PayU Payments Private Limited ("PayU") and/ or Razorpay Software Private Limited ("RazorPay") and/or PayPal Payments Private Limited ("PayPal") and/or another payment gateway service provider, through www.metsmsm.com and/or www.musicschool.live and/or www.metsmsm.live ("Website") and/or another Website managed by METS.

Each User is therefore deemed to have read and accepted these Terms and Conditions.

GENERAL TERMS AND CONDITIONS FOR ONLINE-PAYMENTS

Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on METS’s website or alternatively enter his/ her details and pay their dues in any other manner as may be specified by METS from time to time.

METS's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of METS's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by METS with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of METS.

If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

These Terms and Conditions constitute the entire agreement between the User and METS. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and METS. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The entries in the books of METS and/or the Payment Service Providers kept in the ordinary course of business of METS and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and
accuracy of the transaction.

Refund for Charge Back Transaction: In case of duplicate/multiple payment and advance payment for a single bill, credit for the extra amount paid will be passed on in subsequent bill. In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach METS with his/ her claim details and claim refund from METS alone. Such refund (if any) shall be made only by METS via payment gateway or by means of an electronic funds transfer or such other means as METS deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.

In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card
company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.

Refund for fraudulent and/ or duplicate transaction(s): The User shall directly contact METS for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by METS alone in line with their policies and rules.

Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s web page, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and
accordingly resort to one of the following options:

In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact METS via e-mail or any other mode of contact as provided by METS to confirm payment.
In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment. However, the User agrees that under no circumstances the Payment
Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).

LIMITATION OF LIABILITY

METS has made this Service available to the User as a matter of convenience. METS expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that METS reserves the right to terminate the rights to use of the Service
immediately without giving any prior notice thereof.

METS and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, nonperformance or interruption in any such data, information or message. Under no circumstances shall the METS and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.

METS and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:

The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or 3.3.2. any interruption or errors in the operation of the Payment Gateway.
The User shall indemnify and hold harmless the Payment Service Provider(s) and METS and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
The User agrees that METS or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond METS’s reasonable control.

MISCELLANEOUS CONDITIONS

Any waiver of any rights available to METS under these Terms and Conditions shall not mean that those rights are automatically waived.

The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that METS or the Payment Service Provider(s) have no control over such matters.

Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, METS does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.

METS, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.

The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by METS on the Website. By accepting these Terms and Conditions the User agrees that his/ her User ID and Password are important pieces of information and it shall be the User’s own responsibility to keep them secure and
confidential. In furtherance hereof, the User agrees to:

Choose a new password, whenever required for security reasons.
Keep his/ her User ID & Password strictly confidential.
Be responsible for any transactions made by User under such User ID and Password.

The User is hereby informed that METS will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email.

The User is hereby required to sign out of his/ her METS account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.

DEBIT/CREDIT CARD, BANK ACCOUNT DETAILS

The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and
valid debit/credit card details.

The User may pay his/ her dues to METS by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a Payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:

The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions.
The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate.
The User is authorizing debit of the nominated card/ bank account for the payment of dues selected by such User along with the applicable Fees.
The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.

PERSONAL INFORMATION

The User agrees that, to the extent required or permitted by law, METS and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to METS. The User agrees to be contacted via e-mail on such mails initiated by him/ her.

In addition to the information already in the possession of METS and/ or the Payment Service Provider(s), METS may have collected similar information from the User in the past. By entering the website, the User consents to the terms of METS’s information privacy policy and to METS’s continued use of previously collected information. By
submitting the User’s personal information to METS, the User will be treated as having given his/her permission for the processing of the User’s personal data as set out herein.

The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.

PAYMENT GATEWAY DISCLAIMER

The Service is provided in order to facilitate access to view and pay dues online. METS or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.

CANCELLATION OF ORDER AND REFUNDS

Cancellations will be considered only if the request is made immediately after placing the order. However, the cancellation request may not be entertained if the orders have been communicated to us after making use of the service.

In case you feel that the order for service was placed by your mistake, you must bring it to our notice within 7 days of placing the order. Our team after looking into your request will take an appropriate decision.

In case of any Refunds approved by the METROPOLITAN EDUCATION AND TESTING SERVICES PRIVATE LIMITED, it’ll take 16-30 days for the refund to be processed to the end customer. To claim a refund you are advised to submit the F5: Fee Refund form.

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Unacceptable Behaviour and Inappropriate Language

METS provides education in an environment befitting academic pursuit and presence of minor age group.

Our staff members treat registered members and their accompanying parents or guardians or other assigned attendants (hereinafter ‘patrons’) with politeness, courtesy and respect at every interaction.

All our staff are legally committed to propriety and fitness that is becoming of any member of an academic institution. Sometimes, mitigating circumstances, like lesson scheduling, attendance, and policy-related issues concerns, may compel us to convey decisions that may not be to your entire satisfaction. METS is committed to provide suitable redressal to grievances of student members through defined Student Complain Procedure. Grievances may be filed using the F10: Student Complaint form.

METS does not accept registered student members, website visitors, and/or relatives, agents or representatives thereof, expressing language and/or behavior that may be deemed as inappropriate, rude, disruptive, threatening, provocative or one that may cause or likely to cause emotional distress or bodily harm and impact on their dignity, morale and efficiency. Notwithstanding our commitment to redress grievances, expression of inappropriate language and/ or disruptive behavior against METS staff, directors, agents and/or representatives shall result in immediate deregistration of student member without recourse to any further lesson and/or fees.

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