Magic of India Terms & Conditions

 

This page outlines our general terms and conditions regarding the use of our website and products and services, www.magicofindia.org, whether you as a guest or a registered user. Please read these terms and conditions carefully before you start to use our website. By visiting and using our website, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using our website.

 

1. Interpretation

1.1 In these terms and conditions the following expressions have the following meanings:

“Content” means any information, data, database, text, posts, graphics, links or computer code published on or contained within the Website.

“Our website” means www.magicofindia.org or any website operated, maintained or designed by us by which we provide services and any links to our social media platforms therein.

“We” or “us” means Spring World Network Limited. a company incorporated in England and Wales, whose registered address is at 41 Crediton Hill, London NW6 1HS.

“You” means any person, school, authority or company who uses our website.

2. Amendments

2.1. We may update these terms and conditions from time to time and any changes will be notified to you by an announcement on our website. If you continue to use our website after the date on which the change comes into effect, your use of our website indicates your agreement to be bound by the new terms and conditions.

3. Accessing our Website

3.1. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will use our reasonable endeavours to operate our website, however, we will not be liable if you cannot access our website or because of the failure, suspension or withdrawal of all or part of the content. We may change, suspend or cancel the operation of our website or any part of its content at any time.

3.2. To access certain areas of our website you may be required to register with us. In completing the registration process you must provide us with accurate and complete information as prompted by the applicable registration form. If you choose, or you are provided with a user name or password or any other piece of information as part of our security procedures you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.

3.3. By registering your details with us your details may be used by us to contact you. From time to time we will use your registered email address and other contact information to send you information and updates about our services. All email correspondence will contain an unsubscribe link if you wish to opt-out from further email correspondence from us. If you want to contact us regarding email correspondence please email info@magicofindia.org

3.4. You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them. We reserve the right to exclude pupils from our website if in our reasonable opinion their behaviour is affecting the experience of other users negatively.

4. Intellectual Property Rights

4.1. We are the owners of all intellectual property rights of data on our website and of the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2. You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.

4.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.4. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

4.5 You must not use any part of the materials on our website for commercial purposes without obtaining a license to do so from us or our licensors.

4.6. If you print off, copy or download any part of our website in breach of these terms and conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.7. No rights to or property on our website will pass to you at any time.

4.8. The name ‘”Magic of India’ and our logo and all related service names and slogans are trade names, service marks or trademarks and may not be used without our prior written consent.

5. Reliance on Information Posted

5.1. Commentary and other materials posted on our website or social media platforms like facebook and twitter  for which links exist on our website, are not intended to amount to advice on which reliance should be placed but only serve as information sharing and engaging platforms. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents or from data therein and advise that you check with us via email all your queries before booking anything or making any payment.

6. Our Website Changes Regularly

6.1. We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

7. Our Liability

7.1. The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

7.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

7.1.1.1. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;

  • loss of business;

  • loss of profits or contracts;

  • loss of anticipated savings;

  • loss of data;

  • loss of goodwill;

  • wasted management or office time; and

  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

7.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

8. Information about you and your visits to our website

8.1. By using our website, you consent to us processing your submitted data and you warrant that all data provided by you is accurate.

8.2. When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. Uploading Material to our Website

9.1. Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their rights to privacy.

9.2. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.

10. Viruses, Hacking and other offences

10.1. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

10.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

10.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

11. Linking to our Website

11.1. There may be links to our website from a third party website that is not owned and controlled by us. In the event that a link is made to our homepage we confirm that this does not suggest any association, endorsement or approval from us.

11.2. You must not establish a link from any website that is not owned by you.

12. Links from our Website

12.1. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. Jurisdiction and Applicable Law

13.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

13.2. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14. Variations

14.1. We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website, such as our refund policy.

15. Advertising

15.1. Part of our website may contain advertising. Advertisers are responsible for ensuring that material submitted for inclusion on our website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising material.

16. Your Concerns

If you have any concerns about material which appears on our website, please email info@magicofindia.org

Thank you for visiting our website.

 

Terms & Conditions for our Services and Events

These terms and conditions form the basis on which you can visit us and book services via our website and such terms will apply to our services on other platforms and to parties selling our services over and above their own terms.  Please read them carefully as they contain important information.

 

General terms and conditions for Services and Events

 

This site is owned and operated by Spring World Network Limited T/a Magic of India. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@magicofindia.org or +44 7774 265232.

 

Our Services:

a. We teach children Hindi language and culture via online web live face2face classes, where we see and interact with them.

b.      We do children’s workshops in the UK, wherein we do craft, dance, yoga andstorytelling

c.       We do these workshops in schools too.

d.      We do large festival events, one popular one is the colour throwing outdoor party

e.      We write books, make audio and little story and Hindi language learning films

f.        People access our online material globally

 

1.         The contract between us

We sell services to our customers both online and off line. Details of our Services are listed on our Website and social media platforms and may be changed from time to time. When booking , we must receive payment of the whole of the price for the services that you order before your order can be accepted. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us.  Only at this point is a legally binding contract created between us.

 

2.         Acknowledgement of your order

To enable us to process your order, you will need to provide us with your Full Name and e-mail address along with payment by modes we accept which are all secure and you will be provided with a receipt for any payment made. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence via email does not constitute a contract between us.

 

3.         Ownership of rights

All rights, including trademarks and copyright, in material on our website and social media platforms , including any books, audio/video clips and learning material or videos/films we produce as well as any advertising on third party sites are owned by Spring World Network Limited. You agree that any photographs taken at our events and classes may be used for marketing and publicity by us and we shall not be held liable for breach of your privacy. Any use  of this website , linked social media platforms or its contents, our trademarks, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You agree to be courteous at all times and not misleading, when posting on our social media platforms . You may not modify, distribute or repost anything on this website for any purpose nor post any derrogatory comments or videos on our social media platforms.

 

4.         Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately. As regards the material on our books, video and learning platforms, including classes held by our teachers (who are all CRB/DBS checked) , we have used best endeavours to be factually correct but do not provide any guarantee or accept any liability on any inaccuracies.

 

5.         Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

 

6.         Availability

The services will be provided within an agreed timescale, and may be rearranged at our discretion with prior intimation to you and based on availability of teacher , weather, location, time difference  and other factors . Time is not of the essence of the contract. We do not provide refunds. Should a student wish to rearrange a class due to being unable to attend they need to provide us with 24 hours notice. We shall at our option either provide them with a recording of the class or offer an alternate date subject to availability.

 

7.         Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

 

8.         Price

The prices payable for services that you order are as set out on our website. All prices are inclusive of VAT where applicable at the current rates and are correct at the time of entering information.

 

9.         Payment terms

We will take payment upon receipt of your order, from your credit or debit card or via paypal and stripe. We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.

 

10.       Cancellation rights

10.1      Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134  you have the legal right to cancel your order placed via distance selling , up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period) subject to the Service not being used.  You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period)

 

10.2      In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134  you cannot cancel your contract if the services you have ordered are services related to leisure activities  (if the contract provides for a specific date or period of performance). If under £42/- also there is an exclusion from cancellation.This may apply to our Events.

 

10.3      Should you wish to cancel your order as above, you can notify us by any other clear statement in writing.

 

10.4      If you require us to begin the services within the Cancellation Period we require you to make an express request to do so.  In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier.  If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly.  Your right to cancel the services will no longer apply once the services have been fully performed.

 

11.       Cancellation by us

11.1      We reserve the right not to process your order if:

 

11.1.1   We have insufficient staff or resources to deliver the services you have ordered;

 

11.1.2   We do not provide services to your area; or

 

11.1.3   One or more of the services you ordered was listed at an incorrect price due to a typographical error.

 

11.2      If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card or paypal as soon as possible, but in any event within 14 days.

 

11.3  If an event does not go ahead due to Force Majure circumstances we may choose to offer the option of an alternate date or transfer of ticket.

 

12.       If there is a problem with the services

12.1      If you have any questions or complaints about the services please contact us.  You can do so at info@magicofindia.org

 

12.2      We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

 

 

13.       Liability

13.1      We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events or circumstances which are beyond our reasonable control including but not limited to weather or Acts of terrorism.

 

13.2      Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

 

13.3 We do not accept liability for the contents of the class or any material we sell or share or words and learning used by our teachers or for using any content including recordings and photographs of our Services for marketing purposes.

 

13.4 We do not accept liability for the health and fitness of child or adult in doing yoga classes or attending our events.

 

13.5      Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.  

 

14.       Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address or via email and all notices from us to you will be displayed on our website from time to time or sent to you via email.

 

15.       Changes to terms

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

 

16.       Law, jurisdiction and language

This website, any content contained therein including social media links and any contract brought into being as a result of usage of this website and social media links are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

 

17.       Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

18.       Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

 

19.       Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

 

20.       Other important terms

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.