Welcome to www.ashaaudio.net, a website provided by ASHA AUDIO COMPANY (hereinafter referred to as \"ASHA AUDIO COMPANY\"). The following terms and conditions of use and any other policies, rules, or guidelines posted by ASHA AUDIO COMPANY on this site govern your use of this site. IF YOU VISIT OR SHOP AT THIS SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS.

Please read these Terms and Conditions carefully before using this site or purchasing any of the products or using any of the services available on or through it. These Terms and Conditions of use may be changed in the future without notice to you and you agree and accept that such changes shall also be binding upon you. You are, therefore, requested to please check back the terms and conditions from time to time.

Your continued use of this site after such changes constitutes your acceptance of the new Terms and Conditions.

Your Use of this Site

ASHA AUDIO COMPANY grants you a limited license to access and make personal use of this site only and not for commercial gains or to download (other than page caching) or modify it, or any portion of it, except with express written consent of ASHA AUDIO COMPANY.

This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent of ASHA AUDIO COMPANY.

The digital media download and streaming services provided by this website are for your own personal and non-commercial use and you are not authorized to make any copies of any downloads other than for personal use.

This site may provide \"Previews\" and full song streaming of songs / part thereof or videos that can be played / viewed directly on a promotional basis and at no cost. You are allowed to play such Previews and full song streams any number of times, but you may not attempt (or support others\' in their attempts) to capture, copy or other download a Preview or stream full song.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose whatsoever without express written consent of ASHA AUDIO COMPANY.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent of ASHA AUDIO COMPANY.

You may not use any Meta tags or any other \"hidden text\" utilizing ASHA AUDIO COMPANY\'s name or trademarks without the express written consent of ASHA AUDIO COMPANY. Any unauthorized use terminates the permission or license granted by ASHA AUDIO COMPANY and further makes you liable to penal action under the law.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of ASHA AUDIO COMPANY so long as the link does not portray ASHA AUDIO COMPANY or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any ASHA AUDIO COMPANY logo or other proprietary graphic or trademark as part of the link without express written permission.

Proprietary Rights

All content included on this Site, not limited to music (including the underlying works thereof), videos, ring - tones, text, graphics, logos, button icons, images, audio clips, data compilations, and software (\"Content\"), is the property of ASHA AUDIO COMPANY or its suppliers, sponsors, licensors or affiliates (collectively, \"Business Partners\"), and is protected by National / International Copyright law, Trademark law, and trade secret law.

ASHA AUDIO COMPANY owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Content. You may not copy/use the design, style, unique links, services etc. provided on / through this website. Except as expressly provided in these Terms and Conditions, neither ASHA AUDIO COMPANY nor its Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information.

You understand that by using the Site, you may be exposed to Content that may be offensive or objectionable according to your judgment. Under no circumstances will ASHA AUDIO COMPANY be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Account Maintenance and Responsibility

If you wish to purchase any products or use the services on this Site, you must open an account with us and/or provide the required information to us.

By entering any information on this Site, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep is true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and its password, as well as for all activities that occur under your password or account. You shall be held liable for all losses incurred by ASHA AUDIO COMPANY or another party due to your non-compliance with obligations stated herein.

ASHA AUDIO COMPANY cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel an username or password, or if you become aware of any loss, theft, mis-use or unauthorized use of a username or password, please notify us immediately.

We reserve the right to delete or change any username or password at any time without assigning any reason whatsoever.

Termination

You or we may suspend or terminate your account or your use of this Site at any time, without notice, for any reason whatsoever. You are personally liable for any orders that you place or charges that you incur prior to termination.

We may also at any time, at our sole discretion, change, suspend or discontinue the Website or any services provided thereunder or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website or such services.

Product Orders

PRICES AND AVAILABILITY OF THE PRODUCTS, OFFERS, PROMOTIONS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available or that we endorse that product or service.

In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a payment reversal to your credit card account for the amount of the incorrect price.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all.

We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. However, the difference in the price paid by you and the price of the product supplied or service rendered shall be credited back to your credit card.

Restrictions

Not all products and services listed on this Site may be available for sale or delivery in every area. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and other restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.

User / Third Party Generated Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other content whether publicly or privately transmitted / posted, is the sole responsibility of the person from whom such content is originated. ASHA AUDIO COMPANY does not accept any responsibility for the content posted by users. By posting or submitting any content/images you represent that you have the requisite rights and title or have the permission of the copyright owner to submit the same and grant licenses and sublicenses as described in these terms of use. You further represent that such posting or submission does not constitute an infringement. You shall indemnify and keep indemnified ASHA AUDIO COMPANY and it\'s affiliates with respect to any and all claims of infringement or otherwise, arising from such content. However, you understand and accept that any material/ content posted or submitted by you becomes the property of ASHA AUDIO COMPANY and that by such submission/posting you grant ASHA AUDIO COMPANY and its affiliates a non-exclusive, free, irrevocable and perpetual right/license to use, publish, reproduce, modify, adapt, translate, distribute, transmit, synchronise, display, perform, sub-license or otherwise utilize such content / materials by incorporating it in any media, format or platform, whether now known or later developed.

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site.

User Conduct:

You acknowledge that ASHA AUDIO COMPANY does not control, edit or filter the Content posted in chats, forums, bulletin boards, discussion groups or other community and publicly accessible services but that ASHA AUDIO COMPANY shall have the right, but not the obligation, to refuse or remove any content that is available on the site, without notice and whether or not the same violates these Terms and Conditions.

You agree not to use this site to:

  • upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another\'s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable;
  • impersonate any person or entity, including, but not limited to, a ASHA AUDIO COMPANY representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
  • pursue any activity that causes / may cause / or is likely to cause harm to minors;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (\"Rights\") of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, \"junk mail,\" \"spam,\" \"chain letters,\" \"pyramid schemes,\" or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • carry out any Denial of Service or similar harmful attacks on any application or service;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • collect or store personal data about other users.

Content Usage

  • You are authorised to use the Content only for personal, non-commercial use, and you may not redistribute, transfer, assign, sublicense or use the content in any other manner whatsoever
  • Some of the content provided through this website may be protected using security frameworks that limit your usage of the content. You agree that you shall not violate or attempt to violate any security components related to this website. You agree not to attempt to or aid / support another person to reverse-engineer, circumvent, \'hack\', disassemble or otherwise alter or interfere with any of the security components related to this website or any Content provided through it. Any such security component is an essential part of the content and may not be removed without copyright infringement of such content.
  • Content may also be provided in formats without any digital rights management or security component. Such content may be used in manners reasonably necessary for personal and non-commercial use.

Advertisements

We, in our sole discretion, may post the advertisements or other materials of third parties on this Site. Your correspondence or any other transaction with advertisers found on this Site is solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this Site. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Site.

Links

We make no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this Site or sites linking to this Site, and we accept no responsibility in connection therewith. Any linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes or updates to any such sites. Any linked sites are provided to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. When leaving this Site, you should be aware that our terms and policies may no longer govern the usage of a linked site and, therefore, you should review the applicable terms, conditions and policies, including privacy and data-gathering practices, of each linked site.

Intellectual Property Infringement Complaints

It is ASHA AUDIO COMPANY\'s strict policy to respect the Intellectual Property Rights of others. ASHA AUDIO COMPANY has taken adequate measures to ensure that the content on the website is displayed either with the permission from their respective owners or ASHA AUDIO COMPANY believes the same to be in public domain. However, ASHA AUDIO COMPANY shall not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.

Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your intellectual property has been infringed upon, please provide us with the following information:

  • a description of the intellectual property that you claim has been infringed, as well as, an explanation as to why you believe in good faith that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • the exact location on the Site of the material that you claim is infringing;
  • your address, telephone number, and email address;
  • a statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner\'s behalf.

The above mentioned information must be sent to:

ASHA AUDIO COMPANY

ATTN.: Mr. D. S. Lahiri
Jawhar Mansion
Suite No. 26, 1st Floor
5 Motisil Street
Kolkata - 700 013

Acceptance of Privacy Policy

By using ASHA AUDIO COMPANY\'s sites and services, you signify your acceptance of the Privacy Policy related to the same. If you do not agree or are not comfortable with any policy described in the Privacy Policy, your only remedy is to discontinue use of ASHA AUDIO COMPANY\'s sites. We reserve the right, to modify the Privacy Policy at any time without any notice.

Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, AND ANY CONTENT AVAILABLE ON THIS SITE, ARE PROVIDED ON AN \"AS-IS\" AND \"AS AVAILABLE\" BASIS. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE.

PRODUCT COMPARISONS DO NOT IMPLY THAT ALL PRODUCTS COMPARED ARE AVAILABLE, OR IN THE CASE OF FUNCTIONAL EQUIVALENCY, THAT PERFORMANCE OR OTHER CHARACTERISTICS ARE EXACTLY COMPARABLE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND EACH OF OUR BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE.

WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION.

THE VIEWS EXPRESSED IN ANY ARTICLE, PROPOSITION, OPINION ETC. ON THE SITE ARE VIEWS OF THE INDIVIDUALL AUTHORS AND WE DISCLAIM ANY AND ALL LIABILITY IN THIS RESPECT INCLUDING ANY LOSS, DAMAGE AND OFFENCE TO OR HURTING THE SENTIMENT OF ANY PERSON / ORGANISATION AND /OR THE SOCIETY IN GENERAL. THE DEPENDABILITY ON ARTICLES, PROPOSITIONS, OPINIONS ETC. BY VARIOUS AUTHORS ON THIS SITE SHALL BE AT THE USERS OWN DISCRETION / RISK.

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH \"ANY PURCHASE ON THIS SITE\", YOU AGREE THAT YOUR SOLE REMEDY IS \"LIMITED TO REPLACEMENT OF THE PRODUCT\".

IT WOULD BE YOUR RESPONSIBILITY TO RETURN THE DEFECTIVE PRODUCT FOR INVESTIGATION TO US AT YOUR COST AND WE WILL TRANSPORT THE REPLACEMENT WITHIN A REASONABLE PERIOD.

Indemnification

You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages (including attorneys\' fees) arising out of or related to your use of this Site, any purchases you make on or through this Site, Content you post or transmit on this Site, any violation of these Terms and Conditions by you, or any violation of any rights of any person or entity by you.

Miscellaneous

These Terms and Conditions and any other policies, rules or guidelines posted by ASHA AUDIO COMPANY on this Site and incorporated herein by reference constitute the sole agreement between you and us relating to your use of this Site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either of us.

Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. These Terms and Conditions shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns.

Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein.

A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Shipping and Delivery

ASHA AUDIO COMPANY is always working to improve the quality and cost of shipping for both our Indian and international customers. For this reason, shipping rates and policies are subject to change without notice.

The standard shipping time is 14 working days from the date of payment clearance, though it may get delayed due to unforeseen circumstances, which may not be under our control. ASHA AUDIO COMPANY does not guarantee any fixed delivery times once it is dispatched from our Premises.

The shipping charges if charged extra or otherwise, shall be for the first attempt to deliver to the address as given by the customer during the placement of the order. If for any reason, it is returned undelivered, the company will not be held liable for delivering the consignment again. The customer would need to pay for the shipping charges (as applicable) for delivering the consignment again to the address specified by the customer.

Pricing

All prices quoted for products on the site are exclusive of shipping and handling charges, which depend on the order size and the shipping location and will appear in your payment stage of the order confirmation.

ASHA AUDIO COMPANY is not responsible for Credit Card Companies/ Banks charging anything extra for service charges etc. We would request you to check with your Credit Card Company/ Bank for details regarding International transactions.

Also the prices include the sales tax and central excise and customs tax or any other taxes leviable as per the Government of India laws and rules. ASHA AUDIO COMPANY will not be responsible for any local taxes/duties levied by the country of your residence for our shipments.

ASHA AUDIO COMPANY may offer one or more discounts and promotional offers/ services from time to time to member and non-members as may be specified. All such discounts, offers and service are seasonal in nature and cannot be combined for any given transaction unless expressly specified by ASHA AUDIO COMPANY for any such transaction.

Arbitration

Any dispute or difference between the parties hereto shall be settled by arbitration that will be subject to / governed by The Arbitration & Conciliation Act, 1996 and all the provisions of that Act so far as applicable or of any act of legislature for the time being in force and passed any modification thereof or any substitution thereof shall apply to every reference hereunder. The Arbitrator shall be appointed or nominated by ASHA AUDIO COMPANY. The language of the arbitration shall be English and the venue of arbitration shall be Kolkata.

The Arbitrator shall have power to give interim directions and orders and also publish interim awards and award interests and costs. The courts at Kolkata shall have exclusive jurisdiction in respect of any matter concerning arbitration of disputes under this agreement.

Governing Law

These Terms & Conditions and/or the orders placed by the User on ASHA AUDIO COMPANY for goods/services and/or the use of services provided through www.Ashaaudio.net shall be governed by the laws of India and no other nation. The User agrees to submit to the exclusive jurisdiction of the Courts located in Kolkata, India as regards any claims or matters arising under these terms & conditions.

Contact Information

If you have any questions regarding this Site or any requests for additional information concerning ASHA AUDIO COMPANY, please send us an email at ashaaudiocompany@gmail.com Or contact us at Asha Audio Company, Jawhar Mansion, Suite No.26, First Floor, 5 Motisil Street, Kolkata - 700 013.