Terms of Use

Introduction

Resonation Audio Branding LLP ("RABL", "We", "Us") welcomes You to www.resonation.co and related subdomains (the "Website"). RABL is a limited liability partnership registered under Indian laws with its principal place of business at C 401, Plot No 70, Jolly APTS CHS Ltd, Saraswati Road, Opp. Gokul Ice Cream, Santacruz (West), Mumbai and provides audio branding, audio production, brand consultancy and strategy services for brands, including but not limited to creating sonic logos, sonic identities, sonic UX/UI, audio assets, product sound design, music composition, music production, in-store audio branding and audio brand management ("Services").

These Terms of Use ("this Agreement") is a legal agreement between Us and You (“You”/ “User”). By accessing and/ or viewing the Website, You agree and accept, abide and adhere to and be bound by the terms of this Agreement and the warranties, disclaimers and limitation of liability set out in hereunder. If You are accepting this Agreement on behalf of a body corporate, You represent that You are authorized to do so. If You are not so authorized, nor deemed in law to have such authority, You assume sole personal liability for the obligations set out under this Agreement. If You do not wish to accept these terms and conditions, You must immediately leave the Website from Your device. This Agreement is between You and Us and not any other party. Your access to the Website is subject to these terms and conditions of this Terms of Use/ Agreement, the Privacy Policy and all applicable laws, rules, and regulations. 

If you are accessing or using the Website on behalf of an entity, you represent that you are authorised to accept these Terms on its behalf.

Changes To The Terms Of This Agreement

RABL may revise these Terms from time to time. The revised Terms shall be published on the Website along with the date on which they become effective. Changes shall apply prospectively from the stated effective date. Where a change materially affects users’ rights or obligations, RABL shall provide reasonable notice through the Website or another appropriate communication channel. Where applicable law requires express consent or acceptance, RABL shall obtain such consent or acceptance before applying the relevant change.

Your continued use of the Website after the revised Terms become effective shall constitute acceptance of the revised Terms only to the extent permitted by applicable law. If you do not agree to the revised Terms, you must discontinue your use of the Website. Any change to a Service Agreement shall be governed by the amendment provisions of that Service Agreement.

Privacy And Personal Information

RABL may collect and process personal information in connection with your access to and use of the Website, including information submitted through enquiry forms, communications, cookies and similar technologies, in accordance with its Privacy Policy available at [INSERT PRIVACY POLICY URL].

The Privacy Policy describes the categories of information collected, the purposes and applicable legal basis for processing, relevant disclosures, retention practices and the means by which individuals may exercise applicable rights or contact RABL regarding their personal information.

RABL shall process personal information in accordance with applicable data-protection and privacy laws, to the extent applicable to RABL and the relevant processing activity. Nothing in these Terms shall be construed as a waiver of any right that cannot lawfully be waived.

Acceptable Use

You shall use the Website only for lawful purposes and in accordance with these Terms. You shall not:

(a) use the Website in violation of any applicable law or regulation;
(b) attempt to gain unauthorised access to the Website, its servers, systems or related accounts;
(c) introduce malicious code, interfere with the security or operation of the Website, or attempt to disrupt its availability;
(d) use automated means to access, scrape, copy or extract Website content in a manner that is unauthorised or contrary to applicable law; or
(e) use the Website or its content to infringe any person’s intellectual property, privacy or other legal rights.

RABL may take reasonable and lawful measures to address a breach of this Clause, including restricting or suspending access where necessary and proportionate

Intellectual Property

All the intellectual property rights present in this Website, including without limitation to all documents, files, text, images, audio files. podcasts, video files, flash tutorials, graphics, devices and code contained in it and in this Website's general "look and feel" is owned by RABL and its affiliates. These works are protected by copyright and all such rights are reserved.

  • Reproduction of part or all of the contents of the Website in any form, including framing, creating any derivative work based on this Website and or its content, incorporation into other websites, electronic retrieval systems or publications is prohibited. You may not use any diagrams, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. No links to this Website may be included in any other website without RABL’s prior written permission.

  • You should assume that everything on the Website is copyrighted unless otherwise noted and that it must not be used except with the express written consent of RABL. Audios and images of people or places displayed on the Website are either the property of, or used with permission by RABL. Use of these audios and/ or images by You or other third parties is prohibited unless expressly permitted by RABL. Any unauthorised use of these audios and/ or images will be in violation of copyright laws, trademark laws. The laws of privacy and publicity and other applicable regulations and statutes.

  • These Terms confer only the right to view the Website, and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service (including those displayed on the Website) will remain RABL’s sole property. Any Services provided to You under these Terms, and other data or materials that are prepared in the performance of such Services hereunder, and all right, title and interest in the foregoing, will belong to Us. 

Linked Destinations And Advertising

Part of this Website contains advertising, advertisement videos and other material submitted to us by third parties and/or links to third party sites and third-party content. Although display of advertisements on the Website on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage or viewing of these products or services advertised on our Website or the (third party) content made available / hosted on the third party sites. 


  • You agree and acknowledge that RABL does not endorse or sponsor such third-party sites, content, advertising or other material. This Website may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of RABL, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this Website. While using this Website for information purposes or otherwise, Users acknowledge and accept the above disclaimer.

  • If RABL provides links or pointers to other websites or destinations, You should not infer or assume that RABL operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the ServicesWebsite, RABL will not warn You that You have left the Services Website and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that You have left the Services Website and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions and/or Privacy Policy to govern Your use of another website or destination.

  • RABL is not responsible for the content or practices of any website or destination other than the Website, even if it links to the Website and even if the website or destination is operated by a company affiliated or otherwise connected with RABL. By using the Services accessing the Website, You acknowledge and agree that RABL is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Website.

  • RABL takes no responsibility for advertisements or any third-party material posted on the Website nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services Website are between You and the advertiser, and You agree that RABL is not liable for any loss or claim that You may have against an advertiser.

Legal Age

The Website is intended for use by individuals who are at least 18 years of age. By accessing or using the Website, you represent that you are at least 18 years old and legally capable of agreeing to these Terms.

If you are below 18 years of age, you must not use the Website unless such use is permitted by applicable law and is appropriately authorised by your parent or legal guardian. Nothing in these Terms limits any protection or right afforded to a minor under applicable law.

Disclaimer Of Warranties

Your access to and use of the Service is at Your own risk. You understand and agree that the Service is provided to You on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the use or content of the Website. We will not be responsible or liable for any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Website. Moreover, You agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained on the Website. We make no warranty that the Website will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Website or our representatives, will create any warranty not expressly made herein.

Limitation Of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RABL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ITS CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RABL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL RABL'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO RABL FOR USE OF THE WEBSITE OR CONTENT, OR [●] IF YOU HAVE NOT PAID ANY AMOUNTS TO RABL, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RABL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT CASE, RABL'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Assignment

You cannot assign or transfer these Terms, by operation of law or otherwise. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. RABL may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.

Applicable Law And Dispute Settlement

You agree that this Agreement and any contractual obligation between RABL and the User will be governed by the laws of India.

  • Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or Your use of the Website or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by the Parties. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be at Mumbai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute. 

  • Subject to this clause, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, Your use of the Website or the Services or the information to which it gives access.

Grievance Redressal

If a User has any questions concerning RABL, the Website, this Agreement or anything related to any of the foregoing, RABL customer support can be reached at the following email address: hello@resonation.co

Severability

If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

Waiver

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by RABL. Any consent by RABL to, or a waiver by RABL of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Survival

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms of Use.

Entire Agreement

This Agreement and Privacy Policy constitute the entire agreement between You and RABL governing Your use of the Website, superseding any prior agreements between You and RABL regarding such use.