Terms Of Use

Effective Date: 24-05-2025

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERM OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY SAREGAMA INDIA LIMITED ("OUR", "US", "WE", "SAREGAMA"). SAREGAMA IS A COMPANY INCORPORATED UNDER THE LAWS OF INDIA HAVING ITS REGISTERED OFFICE AT 33, JESSORE ROAD, DUMDUM, KOLKATA 700028, WEST BENGAL, INDIA. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ("USER") USE OF THE SAREGAMA SONG AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, WEB PAGE, WEBSITE, DASHBOARD CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY SAREGAMA IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE(S)"). BY USING THE SERVICES IN ANY MANNER, USER AGREES TO BE BOUND BY THIS AGREEMENT. USE OF SERVICES IS ALSO GOVERNED BY SAREGAMA’S PRIVACY POLICY.

The Terms and Conditions under the Agreement govern the synchronization and licensing of Saregama Songs for use as described in the website.

1. Acceptance of Terms
   
   • By accessing or using the Service, the User confirms that they have read, understood, and agree to be bound by (i) these Terms, and (ii) our Privacy Policy, and (iii) all other operating rules, policies and procedures (collectively referred to as "Policies") that Saregama may publish from time to time in connection with the Service. The Policies are incorporated by reference into these Terms. If the Contents of any of our other Policies conflict with these Terms, these Terms will prevail over the Policies.
   • User also agree that they will use our Services only in accordance with all applicable acts of the legislature, rules, regulations, bye-laws, ordinances, notifications, directives, orders of government authorities, tribunals and courts, and applicable international treaties and customs, in force in India (collectively referred to as "Applicable Laws").
   • Saregama may, in its sole discretion, refuse to offer the Services to any person or entity, and change its eligibility criteria (to avail Services) at any time. This provision is void where prohibited by Applicable Law and the right to access the Services is revoked in such jurisdictions.
2. Rules and Conduct of Use
   
   • User agrees not to use the Service for any purpose that is prohibited by the Terms of Use. The User also agrees that any information that it shares with Saregama will be truthful, correct and accurate.
   • For purposes of the Terms of Use, the term "Content" includes, without limitation, any information, data, text, photographs, videos, audio, audio-video, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. By way of example, and not as a limitation, User shall not (and shall not permit any third party to) take any action (including contributing to any Content) that: would constitute a violation of any Applicable Law, rule or regulation; infringes any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; contains software viruses or any other similar computer codes, files, or programs; or impersonates any person or entity. This content is either: (i) owned by Saregama ("Saregama Content"); or (ii) licensed by Saregama from third party service providers ("Licensed Content"). "Content" means Saregama Content and Licensed Content collectively.
   • User is responsible for compliance with applicable laws, rules and regulations for the Content it posts or uses. Saregama does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Service.
   • Further, User shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Saregama’s (or its third party providers’) infrastructure; or (ii) impair, damage, or disable Saregama’s server or application; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Service; (iv) create any restriction on access to or availability of the Service and the Services; (v) attempt to gain unauthorized access by way of hacking or any other means to the Saregama’s interface; or (vi) bypass any measures Saregama may use to prevent or restrict access the Service (or parts thereof).
   • The User may make use of this Service, the Content and features provided herein or through it for personal use only and shall not modify it, or any portion of it in any manner whatsoever.
3. Account Registration and Maintenance
   
   • In order to access the Services, Content, User may be required to sign up for an account ("Account"). Users must register using their mobile number and verify it via OTP.
   • Users are responsible for maintaining the confidentiality of their Account credentials and any activities performed under their Account.
   • By allowing others to access the Account (which includes access to information on viewing activity for the Account), User agrees that such individuals are acting on its behalf and that User is bound by any changes that they may make to the Account. To help maintain control over the Account and to prevent any unauthorized users from accessing the Account, User should maintain control over the device which is used to access the Service and not reveal the password or other details associated with the Account to anyone. User agrees to provide and maintain accurate information relating to the User’s Account, including a valid email address so Saregama can send User Account related notices.
   • Saregama cannot and will not be liable for any loss or damage arising from User’s failure to comply with these obligations.
   • Saregama reserves the right to suspend or terminate accounts found in violation of these Terms.
4. Proprietary Rights
   
   • All Content included on this Service, not limited to songs, audios, music, audio-videos, videos (including the sound recordings works and the underlying works thereof), images, visuals, stills, text, graphics, logos, button icons, images, audio clips, data compilations, and software is the property of Saregama, and is protected by National / International Copyright law, Trademark law, and trade secret law.
   • Saregama owns the copyright in this Service as a collective work and/or compilation, and in the selection, coordination and arrangement. User may not copy/use the design, style, unique links, Content etc. provided on / through this Service except as expressly provided in these Terms of Use. Saregama does not grant any rights to User under any patents, copyrights, trademarks or trade secret information.
5. Service Limitations
   
   • The Service is subject to availability.
   • Saregama will try to provide the User with uninterrupted access to the Services. However, we cannot guarantee that the Services will be available at all times. There may be situations of downtime during which the Services including any third-party Services may be unavailable for reasons or factors beyond our reasonable control. We are not responsible or liable in any manner for any loss that the User may suffer due to such outage or disruption to the Services. We may also regularly conduct scheduled maintenance operations for User to effectively use our Services. Outages caused by routine scheduled maintenance will not be considered as downtime.
   • We may update to enhance functionality and provide improved features.
6. Modification
   
   • Saregama reserves the right to modify or replace any of the Terms of Use, or change, suspend, or discontinue Services (including without limitation, the availability of any feature, database, or content) at any time. Saregama may also impose limits on certain features and Services or restrict User access to the Services (partly or wholly) without notice or liability. It is User's responsibility to check the Terms of Use periodically for changes. User’s continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
7. Indemnification
   
   • User shall defend, indemnify, and hold harmless Saregama, its affiliates and each of its, and its affiliates, employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, causes of action, and expenses, including reasonable attorneys’ fees, that arise from or relate to (a) User’s use or misuse of, or access to, the Services; (iii) User violation of the Terms of Use or any Applicable Law, contract, policy, regulation or other obligation; or (iv) User breach of any third-party rights. Saregama reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by User, in which event the User will assist and cooperate with Saregama in connection therewith.
8. Limitation of Liability
   
   • IN NO EVENT WILL SAREGAMA OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR (INCLUDING BUT NOT LIMITED TO) (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) USER RELIANCE ON THE SERVICE OR (III) ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY USER FOR THE SERVICE.
9. Termination
   
   • Saregama may terminate User access to all or any part of the Services at any time if User fails to comply with the Applicable Law, the Privacy Policy, these Terms of Use, or any other Policies. This may result in the forfeiture of fees and payment made to Saregama and destruction of all information associated with User's use of the Service and cancellation of User’s Account. Upon any termination, all rights and licenses granted to User in this Agreement will immediately terminate, but all provisions hereof which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers, intellectual property, indemnity and limitations of liability.
10. Disclaimer
    
    • ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT USER’S OWN RISK. THE SERVICE(S) (INCLUDING, WITHOUT LIMITATION, APP OR DEVICE SOFTWARE AND ANY CONTENT) IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS 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. WE DO NOT GUANRANTEE UNINTERRUPTED, ERROR-FREE, OR TIMELY PROVISION OF THE SERVICE. USER ACKNOWLEDGES THAT COMPUTER SYSTEMS AND ONLINE SERVICES ARE NOT FAULT-FREE AND THERE MAY BE PERIODS OF DOWNTIME ON THE APP.
11. Grievance Redressal
    
    • For any queries or grievances, contact:
    • Grievance Officer: Sumit Mishra
    • Email: sumit.mishra@rpsg.in
    • Phone: +918657581003
12. Governing Law
    
    • These Terms are governed by the laws of India. All disputes will be subject to the exclusive jurisdiction of the courts located in Kolkata, India.
13. Miscellaneous Provisions
    
    • Entire Agreement: The Terms of Use are the entire agreement between User and Saregama with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and Saregama with respect to the Service.
    • Severability: If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect, and are enforceable.
    • Waiver: The failure of either party to exercise in any respect any right under these Terms of Use will not be deemed a waiver of the rights.
    • Force Majeure: Saregama will not be liable for any failure to perform its obligations under the Terms of Use due to any force majeure event including but not limited to act of God, failure in communication systems, equipment breakdown, server down time, acts of government, lockdowns, pandemic, strikes, or any other event beyond our reasonable control.
    • Assignment: The Terms of Use are personal to User, and are not assignable or transferable by User. Saregama may assign, transfer or delegate any of its rights and obligations under these Terms of Use without User consent.
    • User's Relationship with Saregama: No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.
    • Electronic Communications and Notifications: When User uses the Service or send emails to Saregama, User is communicating with Saregama electronically. User consents to receiving communications from us electronically. We may notify User about relevant information relating to User’s use of the Services, including information pertaining to promotional offerings through in-app push notifications, or about User‘s Account. User agrees that all the agreements, notices, and other communications that we provide to the User electronically satisfies any legal requirement of the communications being in writing.
    • Feedback: Saregama reserves the right to use any feedback shared by users to improve its Services.
    • Notice: Except as otherwise provided herein, all notices under the Terms of Use 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.