Terms and Conditions

This agreement applies as between you, the User of this Website and SwaraVibes LLC (“SwaraVibes”), the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 12 and 16 – 27 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 15 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that SwaraVibes makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the SwaraVibes proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"System": means any online communications infrastructure that SwaraVibes makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by SwaraVibes and acting in the course of their employment;
"Website": means the website that you are currently using (www.swaravibes.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
"We/Us/Our": means SwaraVibes LLC, a limited liability company incorporated in the State of Texas, USA; and
"you": shall has the same meaning as “User”/ “Users” and may be used interchangeably with “User”/”Users”.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult. If you are under the age of 18, a parent or legal guardian must create and control the Account on your behalf and agree to these Terms and Conditions before you may enroll in or attend any class, live or prerecorded. If you are the parent or guardian of a User under the age of 13, you must also complete the parental consent process described in our Privacy Policy before your child submits any information to, or is recorded by, the Website, as required by the Children’s Online Privacy Protection Act (“COPPA”).

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of SwaraVibes LLC, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Section 107 of the United States Copyright Act (Fair Use Guidelines) apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of SwaraVibes or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at support@swaravibes.com.

9. Use of Communications Facilities

9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

9.1.1 You must not use obscene or vulgar language;

9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3 You must not submit Content that is intended to promote or incite violence;

9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;

9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

9.1.6 You must not impersonate other people, particularly employees and representatives of SwaraVibes or Our affiliates; and

9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".

9.2 You acknowledge that SwaraVibes reserves the right to monitor any and all communications made to Us or using Our System.

9.3 You acknowledge that SwaraVibes may retain copies of any and all communications made to Us or using Our System.

9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

10.1.1 all information you submit is accurate and truthful;

10.1.2 you have permission to submit Payment Information where permission may be required; and

10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month. For automated course subscriptions, users may also view, manage, or cancel recurring billing cycles directly through their personal account settings on our designated third-party billing platform.

10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation of Accounts

11.1 Either SwaraVibes or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Recordings and Consent

12.1 SwaraVibes may offer live classes as part of their Services. These live classes may be recorded. By joining a live class after either being shown the recording notice or orally informing of the recording, you (or your parent/guardian, if you are a minor) consent to being recorded for educational, quality-assurance, and catalog purposes, as further described in our Privacy Policy. You may decline consent by not enabling your camera/microphone or by not joining session marked as recorded.

12.2 You retain no ownership interest in recordings of live classes by virtue of your participation: SwaraVibes may use such recordings as described in the Privacy Policy, but will not use a recording identifying you or your child in external marketing without your separate, specific, opt-in consent.

13. Services, Pricing and Availability

13.1 Whilst every effort has been made to ensure that all general descriptions of Services available from SwaraVibes correspond to the actual Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.

13.2 Where appropriate, you may be required to select the required Plan of Services.

13.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

13.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

13.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13.6 All subscription sales, recurring payment transactions, and initial checkout billing operations are processed securely via our authorized third-party payment processors or merchants of record.

13.7 Monthly Subscriptions. Where Services are offered on a subscription basis, they are billed on a recurring monthly basis and are non-refundable, including for any partial month, once a billing cycle has begun (see Clause 15.1A). Where a month-to-month subscription option is made available for a given Service, your subscription will automatically continue on a month-to-month basis, charging the same amount on the same day of each month, until you cancel it as described in Clause 15.1A. Before you complete any purchase, we will clearly disclose (a) the amount and frequency of the recurring charge, (b) that the subscription is month-to-month where that option applies, (c) the length of any minimum commitment, if any, and (d) how to cancel, in accordance with applicable auto-renewal and subscription-disclosure laws.

14. Orders and Provision of Services

14.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between SwaraVibes and you.

14.2 Order confirmations under sub-Clause 14.1 will be sent to you before the Services begin and shall contain the following information:

14.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

14.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;

14.2.3 Relevant times and dates for the provision of the Services;

14.2.4 User credentials and relevant information for accessing those services.

14.3 Payment for the Services shall be taken via your chosen payment method immediately upon purchase for the upcoming billing period, and automatically on the same day of each subsequent renewal cycle (in advance) as indicated during your checkout process.

14.4 Because our Services consist of digital e-learning content, delivery and access to the purchased material are typically provisioned immediately or within 24 hours following Our acceptance of your order, subject to standard automated account creation times..

14.5 SwaraVibes shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.

14.6 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

14.7 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

14.8 SwaraVibes provides technical support via our online support infrastructure and/or designated support email channels. SwaraVibes makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

15. Cancellation of Orders and Services

We want you to be completely satisfied with the Services you order from SwaraVibes. If you need to speak to us about your Order, please contact customer care by email at support@swaravibes.com. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in those Specific Terms will apply.

15.1 You may cancel your automated course subscription at any time. Upon cancellation, your account will remain active, and you will continue to retain access to your purchased course materials until the conclusion of your current paid billing cycle.

15.2 No partial refunds, pro-rated credits, or cooling-off refunds will be issued for unused days or early cancellations within an active billing period. Once a subscription is successfully cancelled, no further recurring charges will be billed to your payment method for subsequent cycles.

15.3 All payments for Services are processed by a third-party payment processor (“Payment Processor”) identified at checkout and in our Privacy Policy. SwaraVibes does not directly store your full Payment Information.

15.4 If you believe you have been charged in error, wish to dispute a specific transaction, or have a question about a pending or complete charge, you should first contact the Payment Processor directly using the dispute or support channel provided by the Payment Processor, referencing your transaction Identification. You may also contact us at support@swaravibes.com and we will assist in coordinating with the Payment Processor where appropriate.

15.5 SwaraVibes is not responsible for, and disclaims liability to the maximum extent permitted by law for any error, delay, service interruption, security incident or unauthorized transaction caused by the Payment Processor or your card-issuing bank. Nothing in this Clause 15A limits any right you have to dispute a charge directly with your card issuer or bank under applicable law.

15.6 If you initiate a chargeback with your card issuer instead of first pursuing a refund request under Clause 15, we reserve the right to suspend your Account pending resolution of the dispute, without prejudice to any other rights or remedies available to us.

15.7 Nothing in this Clause 15 overrides any non-waivable refund, cancellation, or cooling-off right available to your under the law of your state of residence. Where such a right applies, we will honor it as long as we are able to do so.

16. Privacy

Use of the Website is also governed by Our Privacy Policy (www.swaravibes.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

17. How We Use Your Personal Information (Data Protection)

17.1 All personal information that We may collect (including, but not limited to, your name and email address) will be collected, used, and held in accordance with the provisions of the Texas Data Privacy and Security Act (TDPSA), the Children's Online Privacy Protection Act (COPPA), and, where applicable, international data protection laws including the General Data Protection Regulation (GDPR).

17.2 We may use your personal information to:

17.2.1 Provide Our Services and manage your course access to you;

17.2.2 Process your payment for the Services via our authorized billing platforms; and

17.2.3 Inform you of new products, courses, and services available from Us. You may request that We stop sending you this marketing information at any time.

17.3 We will not sell your personal information. We only share your data with essential third-party service providers (such as our payment processors and e-learning platform infrastructure) strictly necessary to deliver the Services to you.

17.4 In certain circumstances, and with your consent, we may share limited information with third-party service providers (such as our Payment Processor) solely to provide the Services, as described in our Privacy Policy.

18. Disclaimers

18.1 THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We make no warranty that the Website will meet your requirements, that it will be of satisfactory quality, that it will be compatible with all systems, that it will be completely secure, or that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

18.2 No part of this Website is intended to constitute advice, and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

18.4 While we use reasonable endeavors to ensure that the Website is secure and free of errors, viruses, and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details, and your computer systems.

18.5 The Services involve live and recorded music instruction, which may include the use of headphones, amplified sound, and physical movement. You are responsible for using reasonable judgment regarding volume levels and physical space when participating. Nothing in the Services constitutes medical, hearing-safety, or health advice. We will not be responsible for any physical damage caused due to participating in our live or online classes.

19. Indemnification

19.1 You agree to indemnify, defend, and hold harmless SwaraVibes, its officers, directors, employees, and agents from and any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connect with: (a) your breach of these Terms and Conditions; (b) your misuse of the Services; (c) your violation of any applicable law or the rights of a third party.

20. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content, or these Terms and Conditions at any time. For any material updates or changes that alter your active subscription access or billing structures, we will provide you with reasonable advance notice via your registered email or a prominent notification on our platform. You will be bound by the updated Terms and Conditions from the first time you use the Website following the posting of the modifications. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

21. Availability of the Website

21.1 The Website is provided “as is” and on an “as available” basis. The Website and its core infrastructure are hosted on secure, cloud-based servers managed by our third-party platform providers. We give no warranty that the Website or Facilities will be free of defects and/or faults, and we do not provide any kind of refund for temporary platform outages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE NO WARRANTIES (EXPRESS OR IMPLIED) OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION, COMPATIBILITY, AND SATISFACTORY QUALITY.

21.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.

22. Limitation of Liability

22.1 To the maximum extent permitted by law, we accept no liability for any direct, indirect, incidental, special, or consequential damages, foreseeable or otherwise, arising from the use of the Website, the Services, or any information contained therein. You use the Website and its Content entirely at your own risk.

22.2 IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SWARAVIBES LLC EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

22.3 In the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is determined to be illegal.

23. Force Majeure

23.1 SwaraVibes shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disaster, war, terrorism, labor disputes, internet or telecommunications failure, or governmental action.

24. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

25. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

26. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and SwaraVibes.

27. Communications

27.1 All notices and communications shall be given to Us by email to support@swaravibes.com. Such notice will be deemed received the day of sending if the email is received in full on a business day, and on the next business day if the email is sent on a weekend or public holiday.

27.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

28. Law and Jurisdiction

28.1 These Terms and Conditions, and the relationship between you and SwaraVibes LLC, shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. United States, without regard to its conflict-of-laws principles, except where a mandatory consumer-protection or privacy law of your state of residence requires application of that state's law. You and SwaraVibes agree to submit to the exclusive jurisdiction of the state and federal courts located in Collin County, Texas, United States, except as provided in Section 26.2 below.

28.2 Arbitration and Class Action Waiver. Except for claims that may be brought in small-claims court, you and SwaraVibes agree that any dispute arising out of or relating to these Terms or the Services shall be resolved as follows, rather than in court, and that any such dispute shall be brought on an individual basis only and not as a class, collective, or representative action:

28.2.1 If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute in Collin County, Texas, USA by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures or any other mutually agreed upon mediator before resorting to arbitration.  In the event that the parties are unable to resolve this dispute in Mediation, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding Arbitration in Collin County, Texas, USA administered by the American Arbitration Association in accordance with its Commercial or other Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

28.2.2 Neither party nor the arbitrator(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties except as required by American Arbitration Association. All fees and expenses of the arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. This agreement to arbitrate shall survive the termination or repudiation of this Agreement.

29 Accessibility

29.1 SwaraVibes is committed to making the Website accessible to all users, including users with disabilities, and endeavors to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you experience difficulty accessing any part of the Website, please contact us at support@swaravibes.com so we can assist you and address the issue.