These Terms of Use (the “Terms”) constitute a legal agreement between you me, Nischa (Nisha LLC, Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E.) (hereinafter “I”, “me”, “my”) and you the user (“you”) governing the use of my website, www.nischa.me (hereinafter the “Services”). 

General Terms

1. The provisions set out in these Terms govern your access to and your use of my Services and shall constitute a legally binding agreement between you and me. 

2. I may change such terms from time to time and shall notify you accordingly if I do. If you do not agree to such terms, you must not use my Services. 

3. I reserve the right to, without any notice, explanation, or liability and in my sole discretion, refuse to allow you or suspend your access to my Services at any time, or remove or edit content on my Services or on any of my affiliated websites. 

4. I reserve the right to change, modify, suspend, or discontinue any portion of the Services, my Services or any other products, services, affiliated websites (including social media pages) and/or other software provided by me in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

My Services and access license

1. I provide downloadable on-demand dance and related content and services as set out on my website (“Services”). 

2. Subject to you agreeing to abide by these Terms, I hereby grant to you a revocable, non-exclusive and non-transferable license to use my Services on these Terms.

3. You agree your access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services. 

Disclaimer

1. I provide a service, i.e., the Participants are coached, advised, guided etc. A concrete success is not promised. I provide the services on the basis of the data and information provided by you. The guarantee for their factual correctness and completeness lies with you. 

2. You expressly agree that your use of, or inability to use, my Services is at your sole risk.

3. The Services is delivered to you 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

4. I’m not responsible for your personal actions or choices before, during or after using any of my Services. You understand that any use of my Services, suggestions, recommendations, or information is at your own risk, with no liability on my part. You accept full responsibility for your use, or non-use, of any information provided by me through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve me of any liability or loss that you, or any other person, may incur from your or their use or non-use of my Services, or information provided by me. 

5. I’m not liable for the completeness, accuracy or correctness of any information uploaded on my Services and any Related Content. You expressly agree that your use of my Services, including reliance on any Advice, whether financial or otherwise, is at your sole risk. 

6. You shall use all reasonable endeavors to provide all pertinent information to me that is necessary for my provision of the Services.

7. You may, from time to time, issue reasonable instructions to me in relation to my provision of the Services. Any such instructions should be compatible with the specifications of the Services.

8. In the event that I require the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner.

9. Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of this Section 6 shall not be my responsibility or fault.

Modifications and Interruptions 

1. I reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at my sole discretion without notice. However, I have no obligation to update any information on my Services. I also reserve the right to modify or discontinue all or part of the Services without notice at any time. 

2. I will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. 

3. I cannot guarantee the Services will be available at all times. I may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. 

4. I reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that I have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. 

5. Nothing in these Terms will be construed to obligate me to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Prohibited Use

You may use my Services only for lawful purposes. You may not use my Services:

1. in any way that breaches any applicable local or international laws or regulations;

2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

3. to send, knowingly receive, upload, download, use, or re-use any material that does not comply with my content standards as set out in my prevailing terms and conditions as amended from time to time; and

4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Intellectual property rights

1. You acknowledge that all intellectual property rights in my Services anywhere in the world belong to me, that rights in my Services are licensed (not sold) to you, and that you have no rights in, or to, my Services other than the right to use them in accordance with these Terms.

2. Any intellectual property rights in content uploaded by you to my Services shall continue to belong to you or their respective owners. You agree that you grant me a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the Services and my responses to users of the Services. 

3. Subject to the foregoing. and fulfillment of your payment obligations hereunder, I hereby grant you a personal and non-transferable, worldwide, perpetual, revocable, nonexclusive license, to use my Services pursuant to this Agreement as necessary for or in connection with the use, management, and maintenance of such Services, provided that you not have the right to publish or distribute my Services other than as part of such Services to any third party or to my create derivative works.

Warranties

1. While I make all efforts to maintain the accuracy of the information on my Services, I provide the Services, Services and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. I make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

2. To the full extent permissible by law, I disclaim all warranties, express or implied, relating to my Services or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. I do not warrant that the Services, my Services, the Related Content, or electronic communications sent by me are free of viruses or other harmful components.

Limitation of Liability

You agree not to use the Services, and the Related Content for any re-sale purposes, and I have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, my Services or any other website or software) for:

1. loss of profits, sales, business, or revenue;

1. business interruption;

2. loss of anticipated savings;

3. loss or corruption of data or information;

4. loss of business opportunity, goodwill, or reputation; or

5. any other indirect or consequential loss or damage.

Nothing in these Terms shall limit or exclude my liability for:

1. death or personal injury resulting from my negligence; 

2. fraud; and/or

3. any other matter in respect of which I am prohibited under applicable law from limiting or excluding my liability.

These Terms set out the full extent of my obligations and liabilities in respect of the supply of the Services and my Services. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and my Services which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law, or otherwise, is excluded to the fullest extent permitted by law.

Indemnity

You agree to indemnify and hold me harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of my Services or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 

Other important terms

1. I may transfer my rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. 

2. You may only transfer your rights or your obligations under these Terms to another person if I agree in writing.

3. No joint venture, partnership or agency, or employment relationship has arisen by reason of these Terms.

4. These Terms and any document expressly referred to in it constitute the entire agreement between me regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between me, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.

5. If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you. 

6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith are governed by the laws of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with me to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.