General Terms of Use

Kindly note that the present document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 read with Information Technology Act, 2000 and does not require any physical or digital signatures.

• 1. Introduction
• 1.1 Apex Insignia Technologies (“The Pool”) is an online platform (“the Platform”) for artists including but not limited to musicians, dancers, singers etc. (“the Artist”) who may register themselves on the Platform as a member for getting hired for specific events hosted by different persons all across India (“the Host”).
• 1.2 The general terms of use (hereinafter referred as “the Terms”) contain the conditions set out by The Pool, for anyone who wishes to use the Platform, by visiting www.thepool.in, a website owned and operated by The Pool (hereinafter referred as “Website”). The Terms shall govern the use and operation of the Website by a person, who browses/uses it for his personal use (hereinafter referred as “Visitor”). The Website shall include the main page containing the general information about The Pool and any/all links and pages interconnected with the main page and other pages available on the Website.
• 1.3 The Pool acts as an independent platform where the Artist are hired by Host for a specific event, the details and terms of which are mutually discussed and agreed upon between the Artist and the Host. The Pool merely provides a medium for the Artist and the Host to meet via its Platform and it does not play any further role with respect to engaging/hiring of any Artist for any event by a Host. The services provided under this paragraph shall be the only services provided by The Pool (“Services”).
• 1.4 In order to access or use the Services offered on the Platform, you must be 18 years of age or above. If you are under 18 and you wish to access or use the Services, your parents or legal guardian must acknowledge and agree to this terms of use. Should your parents or legal guardian fail to agree or acknowledge the terms of use, you shall immediately discontinue its use.
• 1.5 You can access the Platform on your mobile phones, tablets, laptops or other electronic devices (“Devices”).
• 1.6 Going through the Terms available on the Website shall be construed as a condition precedent to using the Website as well as the Platform. Reading the Terms contained herein in its entirety, shall bind the Visitor and the Visitor may only use the Website and Platform extended by The Pool in compliance with the Terms. In case if Visitor does not agree/refuses to accept the Terms contained herein, he/she may not use the Website for any purpose whatsoever and the only redressal available to such a Visitor is abstaining himself/herself from using the Website. The current Terms are subject to subsequent amendments/modifications, as The Pool may, at its sole discretion, deem fit and appropriate with change in time and circumstances. The Terms in existence (with latest amendments) at the relevant point of usage by a visitor shall be considered valid and any Terms preceding such relevant point of usage, shall have no application on the concerned Visitor. The Pool may require a Visitor to accept and adhere to any additional/supplemental rules/terms and conditions in addition to the Terms for a specific service proposed to be availed by the Visitor. The Terms are set out herein-below for the ready reference of all the Visitors/Users:
• 2. Proprietary and Intellectual Property Rights:
• 2.1 It is hereby expressly acknowledged by the Visitor/User that the rights attached with all the material available on the Website (including rights in the nature of patents, trademarks, technical know-how, trade descriptions, domain names, logos, title, interest) belong solely to The Pool and any unauthorized use thereof is strictly prohibited. The Visitor is granted limited license to view the contents of the Website and gain information about the Services (written, oral and visual) offered by The Pool and the Visitor, shall in no case be deemed to have acquired any other right/title or interest in any of the material offered by The Pool.
• 2.2 In case if the Visitor prints, copies or downloads any part of this Website for any reason whatsoever, in breach of the terms and conditions set out herein or under the privacy policy, then the Visitor’s right to use of this Website shall be ceased with immediate effect of such violation and the Visitor shall, at the direction of The Pool, return or destroy such copies (electronic or physical), obtained from the Website.
• 3 Usage of information available on the Website and applicable restrictions:
• 3.1 The Visitor shall use the information available on the Website strictly for the following purposes (hereinafter referred as “Authorized Purposes”) and for no other purposes whatsoever:
  • a. To obtain information about The Pool
  • b. To view/read the material available on the Website
  • c. To register himself/herself as an Artist/a Host on the Website or on the Platform of The Pool.
  • d. To avail the Services as defined hereinabove offered by The Pool.
  • e. To contact the representatives/officers of The Pool for any clarifications, queries
• 3.2 The Visitor expressly acknowledges and accepts that he/she shall not, in any manner whatsoever, use the information available on the Website to develop, create, modify, reverse engineer any work/product/service which exclusively belongs to The Pool, for its personal or commercial use. The Visitor shall also not publish, disseminate, distribute any material available on the Website through electronic or print media and he/she shall not involve in data mining, data extracting, data harvesting or any other similar activity in relation to the information available on the Website during or after the use of Website.
• 3.3 The Visitor further acknowledges that some part of the information available on the Website is in the nature of confidential information and any disclosure/distribution of such information to third parties by the Visitor, without prior written consent of The Pool shall result in appropriate legal action(s) (civil/criminal as the case may be) against the concerned Visitor by The Pool.
• 3.4 The Pool may, at its sole and exclusive discretion, without any prior notice, suspend or terminate the use of Website for any of the Visitors, without citing any reasons whatsoever.
• 3.5 The Visitor acknowledges and accepts that he/she shall not sell The Pool’s Services, information, data or any other software related information obtained by him/her during the use of Website. The Visitor further acknowledges that he/she shall not use any robot, spider, other automatic device, or manual process to monitor or copy the Website and or its content or interfere or disrupt the Website; take any action that imposes an unreasonably or disproportionately large load on The Pool’s infrastructure/network or use any device, or interfere or attempt to interfere with The Pool Services or forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through The Pool or to manipulate his/her presence on the Website. The Website is operated from the territorial limits of the Republic of India, hence the Visitor acknowledges to abide by the laws of India and in case if the Visitor belongs to any other country apart from India, he/she shall abide by the laws of the country of which he is a permanent resident.
• 3.6 The Visitor is expressly prohibited from the following:
  • a. Posting any content from the Website which is obscene, vulgar, blasphemous, slanderous, libelous, unlawful, voyeuristic;
  • a. Posting anything on the Website which violates the rights of publicity, privacy, and/or intellectual property rights of any third parties.
• 3.9 In case if the Visitor fails to abide by the terms set out under this clause, then he/she shall be solely liable for any loss, harm, injury, damage, penalty caused to The Pool or any third party(ies).
• 4. Representations and Warranties:
• 4.1 The Pool does not make any representations and warranties (express or implied), with regard to information available on the Website because the information is available on “as is” basis. The Pool takes no responsibility for veracity, accuracy, completeness of the information available on the Website, including but not limited to information related to any third parties which may be available with The Pool during the course of transaction with such third parties.
• 4.2 The Pool does not warrant that use of the Website will be uninterrupted or error-free or that errors will be detected or corrected. The Pool does not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions or usefulness of the information disclosed or accessed through the services.
• 5. Limitation of Liability:
• 5.1 The Pool (including all of its authorized representatives, assigns and affiliates) shall not be liable for any proximate or remote harm, loss, injury, liability, including liabilities arising under tort, contract or otherwise, which the Visitor/User may incur as a result of using the Website. The Visitor expressly acknowledges and accepts any damage which he/she may incur as a result of any malware/virus attack on his/her computer or mobile device(s), on account of using the Website or any loss/injury/harm which he/she may incur from a third party link available on the Website of The Pool. The Pool does not take any responsibility/liability for third party websites/links hosted on its Website or any representation made by such third parties, which may have their own set of terms and conditions. The Terms are completely independent of any terms and conditions which the third parties might have in place for use of their respective websites/online portals.
• 6. Indemnification:
• 6.1 The Visitor hereby acknowledges and accepts to indemnify The Pool (including its affiliates, successors and assigns, officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers) against all or any losses, resulting from any breach of obligations, by the Visitor under the Terms, including any damages, recoveries, fine(s), litigation expenses borne by The Pool on account of loss incurred by it due to such breach.
• 7. Severability:
• 7.1 In case if any provision of these Terms is found unenforceable or invalid by a court of competent authority or by any authority (statutory/non-statutory), authorized under the laws of India to rule on enforceability/validity of the Terms, then such unenforceability/invalidity shall not render the Terms unenforceable/invalid in entirety, and such provisions which are found unenforceable/invalid shall be removed without affecting the remaining provisions of the Terms, which shall operate in full force.
• 8. Waiver:
• 8.1 Any delayed exercise of rights by The Pool (including all of its authorized representatives and assigns), under the Terms, shall not imply any waiver of such rights, unless a waiver to that effect is explicitly reduced into writing and is signed and executed by an authorized representative of The Pool. The rights available to The Pool under the Terms, are in addition to the rights available to it under the applicable laws of India.
• 9. Independent Contractor:
• 9.1 Nothing contained in this T&C shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.
• 10. Governing Law & Jurisdiction:
• 10.1 The Terms shall be governed by the applicable laws of India and in case if a dispute arises between the Visitor and The Pool with regard to the Terms, then courts situated within the territorial limits of Lucknow shall have the exclusive jurisdiction to adjudicate such disputes.
• 11. Force Majeure:
• 11.1 The Pool shall be excused from performing all/any of its obligations under the Terms in case if any or all of the following event occurs:
  • labour disputes
  • strikes
  • acts of God (including floods, lightning, earthquakes)
  • shortages of materials, rationing
  • inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website,
  • utility or communication failures
  • war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo
  • any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government
• or any other act whatsoever, which is beyond the control of The Pool and which could not have been avoided even after taking all reasonable precautions and measures.
• 12. No third-party beneficiaries:
• 12.1 The two parties to these General Terms of Use (The Pool and Visitor), hereby expressly acknowledge and accept that the present terms are not made for the benefit of any other third party whosoever.
• 13. Assignment:
• 13.1 The Visitor acknowledges that he shall not transfer or assign any of the rights, duties and obligations under the Terms, available to him/her, however The Pool may, at its sole discretion, transfer its rights, duties and obligations under the Terms to any other party without citing any reason whatsoever.
• 14. Acknowledgement:
• 14.1 The User acknowledges that he/she has read and has understood these Terms, and that these Terms have the same force and effect as a signed agreement. This paragraph shall survive termination of this agreement.