Terms of Use – IPRS
  

Terms of Use

The Indian Performing Right Society Limited or “IPRS” is a company limited by guarantee and registered under the Companies Act, 1956 and is an existing company under the Companies Act, 2013 with its registered office at 208, Golden Chambers, New Andheri Link Road, Andheri (W), Mumbai- 400 058, India. This website, i.e. https://www.iprs.org (“Website”) is owned and operated by IPRS.

These TERMS AND CONDITIONS(“terms and conditions”) apply to (a) all visitors and (b) registered users of the Website.

Please read these TERMS AND CONDITIONS carefully before using the Website:

    1.INTERPRETATION :

  • a. References to “You”, “Your”, “End User” shall mean the user of the Website, and, “IPRS”, “We”, “Us” and “Our” shall mean IPRS, our members our affiliates, licensees, agents, officers, employees, technicians and partners.
  • b. “Parties” shall mean You and Us, and “Party” shall mean a reference to either You or Us.
    2.GENERAL TERMS :

  • a. By accessing, using and/or downloading materials from this Website you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by these terms and conditions. IPRS reserves the right to change these Terms and Conditions at any time by posting changes online and it is your responsibility to refer to and comply with them on accessing the Website. Your continued use of this Website after changes are posted constitutes your acceptance of these Terms and Conditions as modified and that if you do not wish to be bound by the terms and conditions you should close the Website and cease to use/access/browse the Website and its services.
  • b. IPRS reserve the right to generally add, remove or amend content or modify or terminate any or all of the services offered on this Website at any given time in the future without notice. IPRS shall not be liable to you or any third party for any modification to or withdrawal of the Website.
  • c. These terms and conditions are separate from and do not alter or supersede in anyway the terms or conditions of any other agreement You may have with Us, or Our subsidiaries or affiliates, for other Services or otherwise.
  • d. This Website may also offer specific services which will have separate or additional terms of use applicable to them, and You agree to comply with any such additional terms of use where these are provided in relation to any service.
    3.LINKS TO THIRD-PARTY/LINKED WEBSITES :

  • a. The Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of IPRS and IPRS is not responsible for the contents of any Linked Site(s), including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
  • b. IPRS is not responsible for webcasting or any other form of transmission received from any Linked Site. IPRS is providing access to these Linked Sites to you only as a convenience, and the inclusion of any link does not imply the endorsement/association/control by IPRS of the said Website or any association with its operators.
  • c. IPRS does not monitor or review the content of Linked Sites and the opinions expressed or material appearing on such Linked Sited are not shared or endorsed by IPRS. IPRS is not the publisher of such opinions or material.
    4.ACCEPTABLE USE OF THE WEBSITE :

  • a. End Users undertake not to use the Website or its Service either improperly or contrary to the provisions of applicable law, regulation, rules, and good conduct. You may use this Website and its services, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party.
  • b. Users, in particular, undertake not to transmit through the Website or its services, material of obscene, offensive and libelous nature, discriminatory, harassing, defamatory, pornographic, pedophilic, vulgar, blasphemous or which is some way contrary to the principles of public order and good morals. Users shall not, through this website or its services, engage in unlawful conduct, including but not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person.
  • c. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
  • d. You may not obtain or attempt to scrape data/information or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website.
  • e. Where you are given secure access details, such as a username, password, etc. in order to access or use any services offered by IPRS or any part of this Website, you will keep such information secure at all times and treat it as strictly confidential. In the event that such information is leaked, revealed to or accessed by anyone else or where you become aware of a breach of confidentiality or any unauthorised use of this Website, you must notify us/IPRS. IPRS will not be liable for any misuse of any individual’s login credentials.
  • f. Users provided secure access to the IPRS Website and electronic resources may not introduce any computer contaminants, virus, malware, trojans or other contaminants which may degrade or adversely affect the Website, its functioning or the integrity and security of IPRS information/data.
  • g. Users shall not create a link to any web page of this Website without IPRS’s prior written consent or authorisation
  • h. In cases where the IPRS has reason to believe there has been a breach of these terms and conditions, or that our intellectual property rights have been infringed, your access to this Website may be suspended or terminated by IPRS at any time with or without notice.
    5.INTELLECTUAL PROPERTY :

  • a. You acknowledge and agree that all copyright in all material or content contained within this Website shall remain at all times owned by IPRS or its licensors. You are permitted to use this material only as expressly authorised by IPRS.
  • b. The names of actual companies mentioned in the Website may be the trademarks of their respective owners. IPRS does not grant any license in respect of such Intellectual Property.
  • c. Any rights not expressly granted herein are reserved.
  • d. You may electronically copy, download or print portions of this Website for your own personal, private non-commercial use. Any other use of materials on this Website without the prior written consent of IPRS is strictly prohibited. IPRS does not warrant that any material on the Website is accurate and updated. The Website has multiple pages and content links which are periodically updated. Users should get in touch with IPRS in order to confirm accuracy and updating of content available on the Website.
  • e. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of any material or content on this Website.
    6.PERSONAL DATA/PRIVACY POLICY :

  • a. Please see our separate Privacy Policy for information.
  • b. Our use (if any) of your personal data is governed by our Privacy Policy which also sets out our use of cookies and similar technology. We only gather the minimum personal data, in compliance with the applicable laws which is necessary for us to provide the Service in accordance with these terms and conditions, to comply with legal obligations on us, and to fulfill our legitimate interests with respect to improving the Service, extending the geographic coverage of the Service and promoting the safety and well-being of our Users.
    7.LIMITATION OF LIABILITY :

  • a. The information, content and services included in or available through Website may include inaccuracies or typographical errors. IPRS cannot guarantee uninterrupted and totally reliable access to this Website, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes/typographical errors and other errors. Furthermore, we cannot guarantee that this Website or the server that makes it available are free of viruses or bugs. To the extent permitted by applicable law, IPRS disclaims all warranties; express or implied, as to the accuracy, full functionality or reliability of the information/content/services contained in any of the materials on this Website and IPRS does not accept liability for any loss or damage arising as a result of problems with access.
  • b. IPRS may be informed of any errors/difficulties on this website by sending an email to : it@iprsltd.com
  • c. To the maximum extent permissible by applicable law, in no event shall the IPRS be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Website.
    8.INDEMNITY :

  • End User agrees to indemnify and keep indemnified IPRS from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of the Website other than in accordance with these Terms and Conditions and any terms of use that apply in relation to specific services offered on the Website.
    9.GOVERNING LAW, DISPUTE RESOLUTION AND JURISDICTION :

  • a. This Agreement and any contractual obligation between IPRS and You will be governed by the Laws of India.
  • b. The Parties hereto agree and undertake to make reasonable efforts to settle any Dispute in an amicable manner. Additionally, a Party of the Dispute may deliver a notice of the Dispute to the other Party mentioning the particulars of the Dispute and any proposed or accepted reasonable course of action to amicably settle the Dispute. The Notice to the Service Agreement may be served on the below mentioned address: grievancecell@iprsltd.com
  • c. To the extent practicable, the Parties shall continue to work together in respect of performance of these terms and conditions, pending the final outcome of any Dispute.
  • d. End User agrees that if IPRS does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which IPRS has the benefit of under any applicable law), this will not be taken to b/constitute a formal waiver of the IPRS’ rights and that those rights or remedies will still be available to IPRS.
  • e. Subject to the foregoing, the Parties agree to submit to the non-exclusive jurisdiction of the Courts at Mumbai, as regards any claim or matter arising in relation to these terms and conditions. Each Party hereby consents to the jurisdiction of such courts and waives any right it may otherwise have to challenge the appropriateness of such forums, whether on the basis of the doctrine of forum non conveniens or otherwise.
  • f. If any of these terms and conditions is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above) then the invalid or unenforceable provision will be severed from these terms and conditions and the remaining provisions will continue to apply.

Please direct any questions or queries about these Terms and Conditions to: it@iprsltd.com