Standard Terms for Purchase of Services
These terms and conditions apply to Services provided by 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, 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 (“METS” or “we” or “us”). You may contact us on firstname.lastname@example.org and/or +91 124 4200203.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Classroom Training Programme” means a course taught by us in a classroom setting to which you attend in person.
“Fees” means the fees paid by you to METS for the Services.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the reference materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Training Plan” means the delivery by us of an online course pursuant to which you learn remotely.
“Reference materials” means the information provided by METS to accompany a course provided as part of the Services in hard copy or electronic form.
“Services” means the provision of Online Training Plan and/or Classroom Training Programme together with such other services as agreed from time to time and purchased by you through an online and/or offline transaction.
“you” or "your" means an individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Websites. We will provide the Services with reasonable care and skill in accordance with the description set out on Websites.
2.2. We reserve the right to vary or withdraw any of the Services described on Websites without notice.
2.3. We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
3.1. In order to purchase any of the Services on-line you must register for an account with us via Websites. If you already have an account with us you can log into your account using your user name and password.
3.2. To purchase a Service offline you may book an appointment by phone or email and visit the office of METS or any of its authorised selling agents. You do not need to have registered for an account with us to purchase any of the Services offline. You must, however, register for an account with us to access your course on-line.
3.3. When you place an order for a Service via Websites, or offline you are offering to purchase the Services on these terms and conditions. METS reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via Websites or on the telephone offline may contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have (a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and (b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Services, each individual Service will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
3.7. Unless otherwise consented by you and accepted in writing, METS is not responsible for booking any examination with any professional body or examination board, including but not limited to Associated Board of the Royal Schools of Music. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by METS.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted and confirmed the Service of a Classroom Training Programme being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 7 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Service.
4.2. If you have purchased an Online Training Plan as Service and have already accessed, downloaded all or part of the Service and/or started to use that Service then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of METS.
5.1. The Fees for the Services shall be as set out on Websites or as told to you over phone or email or in person at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of statutory taxes, other local levies, event participation charges, student project expenses, practise session rentals, cost of instruments and accessories, repair and tuning charges, electronic hardware and software and any costs payable in respect of the delivery of instrument, device, accessories or printed material to you. Each of these costs will be set out in Websites or informed to you by phone or email prior to your purchase of the Services.
5.3. Save where specifically stated otherwise on Websites, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on Websites or purchased offline shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Classroom Training Programme or accessing any Online Training Plan.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and METS shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Classroom Training Programmes or your access onto any Online Training Plan.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although METS aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or reference materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, METS's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Training Plan or Classroom Training Programme in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit METS’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the reference materials, Online Training Plans and the speeches made by trainers at the Classroom Training Programmes are, and remain, the intellectual property of METS or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to (a) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the reference materials without prior written permission; (b) record on video or audio tape, relay by videophone or other means the Online Training Plan or Classroom Training Programme given; (c) use the reference materials in the provision of any other course or training whether given by us or any third party trainer; (d) remove any copyright or other notice of METS on the reference materials; (e) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Training Plans. Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Training Plans.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Service software in respect of the Online Training Plan for the sole purpose of completing the Online Training Plan and / or attending the Classroom Training Programme.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you (a) fail to pay when due your Fees; (b) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of METS, any teacher or lecturer who provides the Services or any student receiving our Services online or in a classroom; (c) cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services; (d) steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Classroom Training Programmes; (e) intentionally or recklessly damage our property or the property of our employees or other students attending our premises; (f) are intoxicated through alcohol or illegal drugs while on our premises; (g) commit any criminal offence committed on our premises or where the victim is our employee or student; (h) are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with Websites Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
METS shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1. The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of METS.
14.4. To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of Websites you visit.
14.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with Websites.
14.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.7. METS endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.8. METS may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
14.9. If you wish to change or update the data we hold about you, please e-mail email@example.com.
15. Law and Jurisdiction
This Agreement shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this Agreement between you and METS, the same shall be referred to an independent arbitrator who will be appointed by METS and the decision of such arbitrator shall be final and binding on you and METS. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in New Delhi. The High Court of judicature at New Delhi alone shall have the jurisdiction and the Laws of India shall apply.
You can contact us by any of the following methods:
111 Espace, Nirvana Country
Sector 50, Gurugram, Haryana 122018, India
+91 124 420 0203