(c) The Member shall not redeem Minutes against more than 50% (fifty per cent) of the booked Studio time of any single Booking, save that the Crimson Member may redeem against up to 75% (seventy-five per cent) of the booked Studio time. Notwithstanding the foregoing, the maximum number of Minutes redeemable against any single Booking shall not exceed 150 (one hundred and fifty) Minutes, irrespective of the duration of the Booking.
(d) Minimum redemption duration. The minimum quantum of Minutes redeemable in any single transaction shall be the equivalent of 1 (one) hour of Studio time, or the minimum booking time of the relevant Studio (whichever is lower).
(e) Minimum Booking duration. The minimum Booking duration eligible for Minutes redemption shall be 2 (two) hours.
(f) Minutes may be redeemed against on-the-spot extension of a Booking, subject to availability of the Studio and the limits set out in this Clause (6).
(g) Minutes have no monetary value, cannot be exchanged for cash, cannot be transferred between Members, cannot be combined with any other promotional offer, discount or pricing concession, and cannot be applied to any cost other than Studio time (including but not limited to engineer fees, equipment rental, food and beverage, parking or any other ancillary charge).
(7) Cancellation, Reschedule and Late Arrival — Forfeiture of Minutes
(a) Forfeiture on cancellation. Where the Member cancels any Booking against which Minutes have been redeemed (whether such cancellation is communicated in writing, verbally, by no-show or by any other means), the Minutes redeemed against such Booking shall stand forfeited, shall be deemed consumed, and shall not be re-credited to the Member’s account, irrespective of the time of cancellation, the tier of Membership, the reason for cancellation, or any prior course of dealing.
(b) Forfeiture on reschedule. Any reschedule of any Booking by the Member, irrespective of the notice period given, shall result in immediate, automatic and irreversible forfeiture of the Minutes component redeemed against such Booking. This forfeiture rule shall apply from the moment the original Booking is confirmed by the Company. The Member may rebook the rescheduled session by redeeming fresh Minutes (subject to availability in the Member’s account) or by paying the applicable prevailing rate in monetary consideration.
(c) Late arrival; Minutes consumed at the front of the session. No forfeiture of Minutes shall occur on account of late arrival by the Member. The session shall continue to be consumed in real time from the scheduled start of the Booking until the scheduled end, irrespective of when the Member arrives. The Minutes component of any Booking shall be deemed to be consumed from the front (i.e., the start) of the booked session. By way of illustration, in a 60 (sixty) minute Booking against which 30 (thirty) Minutes have been redeemed, the first 30 (thirty) minutes of the booked session shall be deemed paid for through redeemed Minutes, and the next 30 (thirty) minutes of the booked session shall be paid for in monetary consideration, regardless of the time at which the Member commences using the Studio.
(d) Monetary component. The monetary component of any Booking remains subject to the cancellation, reschedule and late-arrival terms set out in the Studio Terms and Conditions published at www.crukces.com/termsandconditions, which shall apply in addition to (and not in derogation of) this Clause (7).
(e) The Member acknowledges that the forfeiture rules in this Clause (7) reflect the Company’s pre-allocation of Studio capacity, engineer time and operational resources at the moment of Booking confirmation, and represent reasonable, proportionate and commercially necessary terms to which the Member voluntarily agrees.
(8) Expiry of Minutes
(a) Subject to sub-clause (b), all Minutes (including Welcome Minutes and Minutes accrued through Qualifying Activities) shall remain valid for redemption only during the subsisting Membership Term in which they were issued or accrued.
(b) Grace Period — no accrual or redemption. A grace period of 7 (seven) calendar days shall apply commencing on the day immediately following the expiry of the Membership Term (the “Grace Period“). During the Grace Period, the Member shall neither accrue any new Minutes nor redeem any Minutes. The sole purpose of the Grace Period is to provide the Member with a window within which to renew the Membership in accordance with sub-clause (d) below.
(c) Automatic expiry on the eighth day. Upon the expiry of the Grace Period, all unredeemed Minutes standing to the credit of the Member shall automatically and without further act, notice, demand or compensation expire and be debited to zero. The Member’s Minutes balance shall be reset to zero on the 8th (eighth) day following the expiry of the Membership Term.
(d) Renewal required to use Minutes. A Member who wishes to continue using accrued Minutes shall renew the Membership before the expiry of the Grace Period. Upon timely renewal during the Grace Period, the Member’s accrued (but unredeemed) Minutes shall stand carried forward into the new Membership Term, and accrual and redemption rights shall stand restored with effect from the date of renewal.
(e) No reinstatement of expired Minutes. Once expired in accordance with sub-clause (c), Minutes shall not be reinstated, restored, encashed, carried forward or otherwise revived under any circumstances.
(f) Termination forfeiture. In the event of termination of the Membership for any reason (including in accordance with Clauses (15), (16) or (19)), all Minutes then standing to the credit of the Member shall stand forfeited with immediate effect.
(9) Studio Bookings under the Programme
(a) All Bookings (whether redeeming Minutes or otherwise) made by the Member under the Programme shall be governed by these Terms read together with the Company’s Studio Terms and Conditions published at www.crukces.com/termsandconditions, which the Member shall be deemed to have read and accepted at the time of each Booking.
(b) The Company makes no representation or warranty as to the availability of any Studio at any particular date or time. All Bookings are subject to availability.
(c) The Company reserves the right to refuse, cancel or terminate any Booking where the Member is in breach of these Terms, where the Member’s conduct is, in the Company’s opinion, prejudicial to the Studio, its property, its other clients or its staff, or where required by applicable law.
(d) The Member shall be solely liable for any loss, damage or destruction caused to the Studio premises, equipment, instruments or property of any other person, whether intentionally or negligently, during any Booking, and shall make good such loss, damage or destruction within 7 (seven) days of demand by the Company.
(10) Events
(a) Events organised under the Programme are exclusively for Members. Non-members shall not be entitled to purchase Event tickets or otherwise gain access to Events save with the Member as a one-time guest where expressly permitted by the Company.
(b) Voucher mandatory for entry. Entry to any Event shall be subject to (i) production of valid Membership credentials; (ii) mandatory presentation of a valid, unused and unexpired physical or digital Voucher; and (iii) compliance with any age, capacity, conduct and safety rules notified by the Company. Entry shall be denied to any Member who is unable to produce a valid Voucher at the point of entry, and no refund or alternative shall be provided in such case.
(c) Vouchers are personal to the Member, non-transferable and may be redeemed only by the Member to whom they were issued. Vouchers shall be deemed consumed upon entry to the Event, irrespective of whether the Member remains for the duration of the Event.
(d) No refund. Vouchers, Event tickets, ticket fees and entry fees, once purchased, issued, allocated or redeemed, are strictly non-refundable, non-exchangeable and non-encashable from the moment of purchase, issuance, allocation or redemption (as the case may be). No refund, credit, compensation or substitution shall be available in respect of: (i) the Member’s failure to attend the Event; (ii) the Member’s late arrival; (iii) the Member’s voluntary departure mid-Event; (iv) cancellation of the Booking by the Member; (v) the Member’s exclusion from the Event under sub-clause (e); or (vi) any other cause attributable to the Member.
(e) The Company reserves the right to refuse entry to, or to remove from the Event without refund, any Member or guest who: (i) is in breach of these Terms; (ii) is intoxicated, disorderly, abusive or threatening; (iii) is engaged in unlawful activity; (iv) damages or risks damaging Company property; or (v) whose continued presence is, in the Company’s opinion, prejudicial to the safety, comfort or enjoyment of other attendees.
(f) The Member acknowledges and agrees that the Member attends each Event at the Member’s own risk, and that the Company shall not be liable for any injury, loss or damage suffered by the Member at the Event save where caused by the Company’s gross negligence or wilful misconduct.
(g) Cancellation by the Company; Member’s election. Where an Event is cancelled or rescheduled by the Company on account of force majeure, operational reasons, regulatory restrictions or any cause beyond the Company’s reasonable control, the affected Member shall be entitled, at the Member’s election, to one (and only one) of the following two remedies:
(i) Carry-forward. Attend any equivalent Event organised by the Company within 12 (twelve) months of the original Event date at no additional cost, subject to availability; or
(ii) Refund. Receive a refund of the Event fee actually paid, less any booking fees, payment-gateway fees, convenience fees and applicable taxes thereon, all of which shall be retained by the Company. The refund shall be paid within 7 (seven) business days of the Member raising a written request solely from the Member’s registered email address to the Company at [email protected]. Requests raised through any other channel, from any other email address or by any other means shall not be entertained.
The Member’s election under this sub-clause (g) shall be communicated to the Company in writing within 30 (thirty) days of the Company’s announcement of the Event cancellation, failing which the Member shall be deemed to have elected the carry-forward remedy under sub-clause (g)(i).
(h) Photography, recording and likeness. The Company may photograph, film, record and live-stream Events. By attending any Event, the Member consents to such recording and grants the Company an irrevocable, perpetual, worldwide, royalty-free licence to use, reproduce, broadcast, publish and exploit any photograph, recording, film or representation in which the Member appears, for any commercial, marketing, editorial or promotional purpose, without further notice, attribution or compensation to the Member.
(11) Workshops
(a) Workshops conducted by the Company or by Beatsmith Academy are educational and skill-development programmes for which Members may receive tier-based discounts as set out in Clause (3) and as notified by the Company from time to time.
(b) Enrolment in a Workshop requires advance booking and full payment of the Workshop fee (net of any applicable Member discount).
(c) Voucher mandatory. Where a Workshop is offered against a Voucher, the Member shall be required to produce a valid, unused and unexpired physical or digital Voucher at the point of entry. Entry shall be denied where no valid Voucher is produced.
(d) No refund. Workshop fees, once paid, are strictly non-refundable from the moment of payment, irrespective of the Member’s subsequent attendance, partial attendance, non-attendance, withdrawal, change of mind or any other reason. The non-refund rule applies whether the Member cancels in advance, fails to attend, or attends only a portion of the Workshop.
(e) The Workshop fee represents consideration for the Company’s pre-allocation of instructor time, materials, Studio capacity and administrative resources, all of which are committed at the moment of enrolment.
(f) Cancellation or rescheduling by the Company; Member’s election. Where a Workshop is cancelled or rescheduled by the Company on account of force majeure, instructor unavailability, insufficient enrolments or any other reason, the affected Member shall be entitled, at the Member’s election, to one (and only one) of the following two remedies:
(i) Carry-forward. Attend any equivalent Workshop organised by the Company within 12 (twelve) months of the original Workshop date at no additional cost, subject to availability; or
(ii) Refund. Receive a refund of the Workshop fee actually paid, less any booking fees, payment-gateway fees, convenience fees and applicable taxes thereon, all of which shall be retained by the Company. The refund shall be paid within 7 (seven) business days of the Member raising a written request solely from the Member’s registered email address to the Company at [email protected]. Requests raised through any other channel, from any other email address or by any other means shall not be entertained.
(g) The Member shall comply with all reasonable directions of the instructor and the Company during the Workshop. The Company reserves the right to remove without refund any Member whose conduct is disruptive, dangerous or in breach of these Terms.
(h) No recording or capture of Workshops. Any photography, videography, audio recording, screen-capture, screen-recording or any other form of visual or audio capture of any part of any Workshop, whether by the Member or by any person on the Member’s behalf, is strictly prohibited. Any Member found in breach of this sub-clause (h) may be:
(i) immediately removed from the Workshop without refund;
(ii) have their Membership suspended; or
(iii) have their Membership terminated in its entirety with forfeiture of all Minutes, Vouchers and other benefits,
in each case at the sole discretion of the Company and without prejudice to any other right or remedy available to the Company under these Terms or applicable law (including without limitation the Company’s right to seek injunctive relief and damages for infringement of intellectual property and breach of confidentiality).
(i) Materials and content shared during the Workshop are the intellectual property of the Company, Beatsmith Academy or the relevant instructor, and the Member shall not record, reproduce, distribute or commercially exploit such materials without prior written permission.
(12) User-Generated Content Licence
(a) Definition. “User-Generated Content” or “UGC” means any content (including photographs, video, audio, text, performance, comments, handles, names, likenesses and biographical details) that the Member creates, submits, posts, uploads, publishes or tags in connection with or under reference to the Company, the Programme, the Studios, the Events, the Workshops, or carrying any of the Company’s marks, hashtags (including #MadeAtCrukces) or handles, whether or not such content is submitted for the purpose of accruing Minutes.
(b) Licence grant. The Member hereby irrevocably and unconditionally grants to the Company, its group companies, affiliates, licensees, sub-licensees, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable and sub-licensable right and licence to use, copy, reproduce, host, store, cache, modify, adapt, edit, translate, create derivative works of, publicly perform, publicly display, communicate to the public, broadcast, distribute, monetise and otherwise exploit the UGC, in whole or in part, in any and all media now known or hereafter devised, for any purpose whatsoever, including marketing, advertising, training, archival, editorial, commercial, promotional and brand-building purposes, without any further notice, approval, attribution (save where legally required) or compensation to the Member.
(c) Representations and warranties. The Member represents and warrants that: (i) the Member is the sole and exclusive author and owner of the UGC, or has obtained all necessary rights, permissions, consents, licences and releases from all co-authors, performers, producers, featured individuals, rights-holders and third parties appearing in or contributing to the UGC; (ii) the UGC does not and shall not infringe any copyright, trademark, performer’s right, publicity right, privacy right, moral right, personality right or any other intellectual property or proprietary right of any third party, nor constitute defamation, obscenity, invasion of privacy or tortious injury; (iii) the UGC is original and is not subject to any confidentiality obligation or third-party encumbrance that would be breached by the licence granted herein; (iv) the Member has obtained all necessary licences in any underlying musical and literary works, sound recordings, samples and performances captured in the UGC; and (v) the UGC does not contain any unlawful, defamatory, obscene, hateful, threatening, harassing, discriminatory or otherwise objectionable content.
(d) Moral rights. To the fullest extent permitted by law, the Member hereby consents to all acts done by the Company (or any of its sub-licensees, assignees or successors) in relation to the UGC that may otherwise infringe the Member’s special rights under Section 57 of the Copyright Act, 1957 or the performer’s moral rights under Section 38B of the Copyright Act, 1957, including the editing, adaptation, cropping, captioning, re-titling, dubbing, translation and combination of the UGC with other works. Where such consent is not permitted by applicable law, the Member covenants and undertakes not to assert any such moral or special rights against the Company, its licensees, sub-licensees, assignees or successors.
(e) No obligation to use. The Company is under no obligation to use, publish, retain or attribute any UGC, and may at its sole discretion edit, modify, decline, take down, delete or remove any UGC at any time without notice or compensation.
(f) Indemnity. The Member shall indemnify, keep indemnified and hold harmless the Company in accordance with Clause (16) in respect of any breach of the representations, warranties and covenants set out in this Clause (12).
(g) Survival. The licence granted under sub-clause (b) and the obligations under sub-clauses (c), (d) and (f) shall survive the expiry, termination or non-renewal of the Membership and these Terms.
(13) Anti-Gaming, Fraud Prevention and Account Integrity
(a) The Member shall not engage in, and shall procure that no person engages on the Member’s behalf in, any of the following activities:
(i) creation of multiple Memberships in the Member’s name or in the name of any other person controlled by, or related to, the Member;
(ii) use of automated tools, bots, scripts, paid engagement, purchased followers, click farms or any artificial means to generate, inflate, manipulate or accrue Minutes or social-media engagement;
(iii) submission of UGC that has been reposted from third-party accounts, generated by artificial intelligence without disclosure, or that does not visually or substantively reference a Crukces session;
(iv) “post-and-delete” tactics, whereby a post is submitted for credit and deleted, hidden or made private after credit;
(v) creation of fictitious referrals, referral of household members or persons sharing primary contact details, or solicitation of referrals from individuals who do not genuinely intend to use the Studio;
(vi) submission of falsified screenshots, invoices, identification or other supporting documentation;
(vii) any other conduct that, in the Company’s reasonable opinion, is inconsistent with the spirit and intent of the Programme or constitutes an abuse thereof.
(b) Right to investigate, suspend and reverse. The Company may, at its sole discretion and without prior notice or liability, audit, verify, decline, suspend, reverse, cancel, forfeit or claw-back any Minutes, Vouchers, Workshop discount, Event entry or other benefit credited to or availed by the Member where the Company has reason to believe (acting reasonably) that the same has been earned, sought or availed in breach of these Terms or sub-clause (a) above.
(c) Graduated response. Without prejudice to any other right or remedy of the Company:
(i) First instance of breach. The Company shall reverse all affected Minutes credits, and the Member shall be disabled from accruing or redeeming any Minutes for a period of 90 (ninety) days from the date of the Company’s written notice of breach. The Membership shall otherwise continue.
(ii) Second instance of breach. All Minutes (whether earned, accrued, credited or remaining), all Vouchers (whether redeemed or unredeemed), and all other benefits, privileges and entitlements under the Membership shall stand forfeited with immediate effect, the Membership shall be terminated, no refund shall be issued, and the Member shall be blacklisted from re-enrolment in the Programme (whether in the Member’s own name or through any other person).
(d) Severe breach. Notwithstanding the graduated response in sub-clause (c), the Company may, at its sole discretion, treat any single instance of severe breach (including impersonation, identity fraud, payment fraud, criminal conduct, threats to staff, damage to property or any conduct prejudicial to the Company’s reputation) as a “second instance of breach” for the purposes of sub-clause (c)(ii), and apply the consequences set out therein with immediate effect.
(e) Right to demand verification. The Company may at any time require the Member to produce supporting evidence in respect of any Qualifying Activity or Booking. Failure to produce such evidence within 7 (seven) days of demand shall result in reversal of any Minutes credited in respect of such activity.
(f) No reinstatement of forfeited benefits. Benefits forfeited under this Clause (13) shall not be reinstated, encashed, transferred or compensated for under any circumstances.
(g) Wrongly credited Minutes. The Company reserves the right to debit the Member’s account in respect of any Minutes credited in error, whether on account of system fault, human error, mis-verification or otherwise, without prior notice.
(h) Suspension or forfeiture for non-payment under affiliated services. Without prejudice to any other right or remedy of the Company:
(i) where the Member fails to make full and timely payment of any sum due to the Company, Beatsmith Academy or Singulareti in respect of any professional service, recording session, workshop, course, consultation, manufacture, deployment, installation or other service rendered or to be rendered to the Member (the “Outstanding Sum“); or
(ii) where any cheque, electronic transfer, payment instrument or instruction issued by the Member in respect of any Outstanding Sum is dishonoured, returned, recalled, reversed or otherwise not realised,
the Company shall be entitled, at its sole discretion and without prior notice, to (A) temporarily suspend the Membership in whole or in part (including the Member’s rights to accrue Minutes, redeem Minutes, use Vouchers, attend Events and avail Workshop discounts), and/or (B) forfeit the Membership in whole or in part (including all accrued Minutes, unredeemed Vouchers and other benefits) with immediate effect and without refund. Suspension shall continue until the Outstanding Sum is paid in full (together with any interest, late-payment charges or recovery costs as the Company may determine), failing which the Company may convert any suspension into a forfeiture under sub-clause (B).
(14) Right to Modify, Suspend, Revoke or Discontinue the Programme
(a) The Company reserves the absolute right, at its sole discretion and without liability to any Member, to add, modify, delete or otherwise change any of the rules, conditions, eligibility criteria, Membership Fees, Welcome Minutes allocations, Qualifying Activities, accrual rates, Redemption Ratios, caps, expiry rules, Vouchers, benefits, privileges, Workshop discounts and any other features of the Programme, with or without notice, even though such changes may affect the value of Minutes already accrued or benefits already conferred. Save as expressly required by applicable law, the Company shall not be required to provide any minimum period of notice in respect of any such change. Where notice is provided, the Company shall do so by posting the modification on the Platform.
(b) The Company reserves the right, at its sole discretion, to grant, refuse, suspend, withdraw, terminate or revoke the Membership of any Member at any time. Without limiting the foregoing, grounds for revocation include: (i) breach of these Terms by the Member; (ii) any conduct prejudicial to the Company, its Studios, its staff, its other clients or its reputation; (iii) misrepresentation by the Member; (iv) fraud, gaming or abuse; (v) failure to make payment under the Programme or under any affiliated service of the Company, Beatsmith Academy or Singulareti; or (vi) any conduct in breach of applicable law.
(c) Programme discontinuation. The Company may, at its sole discretion, suspend, modify or discontinue the Programme in whole or in part. In the event of discontinuation, the Company shall give Members at least 90 (ninety) days’ notice on the Platform, during which Members may redeem their accrued Minutes against eligible Bookings (subject to availability and these Terms). Minutes unredeemed on the date of discontinuation shall stand forfeited without compensation.
(d) The Member’s continued use of the Programme following any modification under this Clause (14) shall constitute the Member’s acceptance of such modification.
(15) Suspension and Termination
(a) Termination by the Company without cause. The Company may terminate any Membership (other than the Crimson Membership) without cause by giving the Member 30 (thirty) days’ written notice, and the Crimson Membership at any time without notice and without assigning any reason.
(b) Termination by the Company for cause. The Company may, in addition to its rights under Clause (13), terminate the Membership with immediate effect by written notice to the Member where the Member: (i) is in material breach of these Terms; (ii) has provided false, misleading or fraudulent information; (iii) has engaged in fraud, gaming or abuse; (iv) has been convicted of any criminal offence; (v) has caused damage to or misused the Studios or Company property; (vi) has engaged in conduct that the Company in its reasonable opinion considers to bring the Company or the Programme into disrepute; or (vii) has committed any breach of applicable law in connection with the Programme.
(c) Termination by the Member. The Member may discontinue use of the Membership at any time. However, no refund of the Membership Fee shall be payable in the event of voluntary discontinuation by the Member, in accordance with Clause (3)(f).
(d) Death of the Member; non-transferability. The Membership, including all accrued Minutes, unredeemed Vouchers and other benefits, is strictly personal to the Member. In the event of the death of the Member, the Membership shall stand terminated automatically with effect from the date of death, and shall not be transferable to, devolve upon, or be claimed by any nominee, legal heir, legal representative, executor, administrator, assignee or successor of the Member, whether by will, intestate succession, gift, operation of law or otherwise. All Minutes, Vouchers and other benefits standing to the credit of the Member as on the date of death shall stand forfeited with immediate effect, and no refund, compensation, encashment or substitution of any kind shall be available to any person.
(e) Consequences of termination. Upon termination of the Membership for any reason: (i) the Member’s right to access the Programme shall cease with immediate effect; (ii) all unredeemed Minutes shall stand forfeited; (iii) all unredeemed Vouchers shall stand forfeited; (iv) no refund or compensation shall be payable to the Member, save where expressly required by applicable law; (v) any sums then owing by the Member to the Company shall become immediately due and payable; and (vi) the provisions of Clauses (12), (16), (17), (18), (19), (20) and (22) shall continue in full force and effect.
(16) Indemnity
(a) The Member shall indemnify, keep indemnified and hold harmless the Company, its directors, officers, employees, agents, affiliates, licensees, sub-licensees, successors and assigns from and against any and all losses, damages, liabilities, costs, expenses, claims, actions, suits, proceedings, penalties, fines and demands (including reasonable legal fees and court fees on an indemnity basis) suffered, incurred or sustained by any of them, directly or indirectly, arising out of, in relation to, or in connection with:
(i) any breach by the Member of these Terms;
(ii) any breach of any representation, warranty or covenant made by the Member (including under Clause (12));
(iii) any act, omission, default, negligence or wilful misconduct of the Member or any person using the Member’s Membership credentials;
(iv) any infringement of any third-party intellectual property right, performer’s right, moral right, publicity right, privacy right or any other right by the UGC or by any conduct of the Member;
(v) any tax, duty, levy, cess or impost arising on the Member’s accrual or redemption of Minutes, or on the receipt of any benefit under the Programme;
(vi) any violation of applicable law by the Member, including the Consumer Protection Act, 2019, the Information Technology Act, 2000, the Copyright Act, 1957, the Digital Personal Data Protection Act, 2023, the Advertising Standards Council of India guidelines, and any rules made thereunder;
(vii) any failure by the Member to comply with influencer-disclosure obligations in respect of UGC tagged to the Company;
(viii) any breach by the Member of Clause (11)(h) (prohibition on recording Workshops); and
(ix) any third-party claim brought against the Company arising out of the Member’s use of the Programme.
(b) The indemnity in this Clause (16) shall survive the expiry, termination or non-renewal of the Membership and these Terms.
(17) Limitation of Liability
(a) To the fullest extent permitted by applicable law, in no event shall the Company, its directors, officers, employees, agents, affiliates, licensees, sub-licensees, successors or assigns be liable to the Member or any third party for any:
(i) indirect, incidental, consequential, special, exemplary or punitive loss or damage;
(ii) loss of profits, loss of business, loss of revenue, loss of goodwill, loss of opportunity, loss of data, loss of anticipated savings or loss of contracts;
(iii) damage arising from any interruption, failure, malfunction, unavailability, delay, or error in the Programme, the Platform, the Minutes accrual or redemption system, the Studios, any Event, any Workshop, any third-party service or any social-media platform; or
(iv) damage arising from any act, omission, default or negligence of any third party (including any social-media platform, payment gateway, internet service provider or third-party engineer not employed by the Company).
(b) The aggregate liability of the Company under or in connection with these Terms and the Programme, whether arising in contract, tort (including negligence), under statute, in equity or otherwise, shall in no event exceed the Membership Fee actually received by the Company from the Member in the 12 (twelve) months preceding the event giving rise to the claim.
(c) Nothing in this Clause (17) shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable Indian law, including liability for death or personal injury caused by the Company’s gross negligence, fraud or wilful misconduct.
(18) Force Majeure
(a) The Company shall not be liable for any failure to perform, or delay in performing, any obligation under these Terms (other than payment obligations already accrued) where such failure or delay is caused by an event of force majeure, including without limitation: act of God, natural disaster, fire, flood, earthquake, cyclone, storm, epidemic, pandemic, quarantine restriction, lockdown, public-health emergency, strike, lock-out, industrial dispute, terrorism, civil commotion, riot, war, insurrection, sabotage, governmental action, regulatory restriction, statutory order, court order, expropriation, embargo, power failure, internet failure, telecommunications failure, equipment breakdown, supply-chain disruption, third-party platform unavailability, or any other event or circumstance beyond the reasonable control of the Company.
(b) During the subsistence of a force majeure event: (i) the Membership Term shall be suspended at the Company’s discretion; (ii) Minutes shall not accrue or expire; and (iii) Bookings, Events and Workshops affected by the force majeure event may be rescheduled by the Company without compensation to the Member, save as provided in Clauses (10)(g) and (11)(f).
(c) Upon cessation of the force majeure event, the Company may, in its sole discretion, extend the Membership Term by an equivalent period.
(d) For the avoidance of doubt, mere economic hardship, change in personal or commercial circumstances, increase in costs or a more onerous performance shall not constitute a force majeure event for either party.
(19) Data Protection and Privacy
(a) The Company collects, processes, stores and uses the personal data of Members in accordance with the Digital Personal Data Protection Act, 2023 read with the Digital Personal Data Protection Rules, 2025, the Information Technology Act, 2000 and the rules made thereunder, and the Company’s Privacy Policy published at www.crukces.com/privacypolicy (the “Privacy Policy“), which is incorporated into these Terms by reference.
(b) Categories of personal data collected. The Company may collect the following categories of personal data:
(i) name, gender, date of birth, address, mobile number and email;
(ii) government-issued identification numbers (PAN and/or Aadhaar) where required for tax-invoicing or KYC;
(iii) social-media handles for Qualifying Activity verification;
(iv) payment details (processed through third-party payment gateways);
(v) Booking history, Event attendance and Workshop participation;
(vi) Minutes accrual, redemption and balance records;
(vii) communications with the Company;
(viii) photographs, videos, audio recordings and other visual or audio captures of the Member (A) collected from publicly available sources on the internet, including the Member’s public social media accounts and any third-party publication featuring the Member; and (B) recorded, captured or monitored at the Company’s premises (including the Studios, Event venues and Workshop venues) through closed-circuit television, professional photography, professional videography, audio recording and any other recording medium; and
(ix) any other personal data the Member voluntarily provides.
(c) Marketing and promotional use of photographs, videos and recordings. The Member hereby grants to the Company an irrevocable, perpetual, worldwide, royalty-free, sub-licensable and transferable right and licence to use, reproduce, edit, adapt, modify, publish, broadcast, communicate to the public, distribute and otherwise exploit any photograph, video, audio recording or other visual or audio capture of the Member referred to in sub-clause (b)(viii), in any and all media now known or hereafter devised, throughout the universe in perpetuity, for any promotional, marketing, advertising, branding, editorial, archival or commercial purpose of the Company (whether online or offline), without any further notice, approval, attribution or compensation to the Member. This grant is in addition to, and shall be cumulative with, the licence granted under Clause (12).
(d) Purposes of processing. Personal data shall be processed for: (i) administration of the Programme, including verification of Qualifying Activities, accrual and redemption of Minutes, issuance and tracking of Vouchers; (ii) provision of Studio, Event and Workshop services; (iii) communications relating to the Membership; (iv) marketing communications, where the Member has separately consented; (v) compliance with applicable law (including tax, GST and accounting obligations); (vi) detection and prevention of fraud, gaming and abuse; (vii) defending and pursuing legal claims; (viii) the marketing and promotional uses set out in sub-clause (c) above; and (ix) improvement of the Company’s services.
(e) Data Principal rights. The Member, as a Data Principal, has the rights set out under Sections 11 to 14 of the Digital Personal Data Protection Act, 2023, namely: (i) right to access information about personal data processed; (ii) right to correction, completion, updating and erasure; (iii) right to grievance redressal; (iv) right to nominate another individual to exercise rights in case of death or incapacity (subject to Clause (15)(d) which expressly excludes any transfer of the Membership itself); and (v) right to withdraw consent. Such rights may be exercised by writing to the Company’s Grievance Officer at the address set out in Clause (24).
(f) Withdrawal of consent. The Member may withdraw consent at any time by writing to the Grievance Officer. Withdrawal of consent shall not affect the lawfulness of processing carried out prior to withdrawal. Withdrawal of consent in respect of essential processing for Programme administration shall be deemed a request to terminate the Membership, in which case Clause (15) shall apply. Withdrawal of consent shall not affect the licence granted under sub-clause (c) or under Clause (12), which licences are irrevocable.
(g) Data retention. The Company shall retain personal data for the duration of the Membership and for 7 (seven) years thereafter for the purpose of compliance with the Companies Act, 2013, the Goods and Services Tax laws and other applicable retention obligations. Marketing data shall be deleted within 30 (thirty) days of withdrawal of marketing consent. Data relating to UGC licences, photograph/video/audio licences and recordings under sub-clauses (b)(viii) and (c) shall be retained for the duration of the licence (which is perpetual).
(h) Data security. The Company shall implement reasonable technical and organisational measures to protect personal data against unauthorised access, alteration, disclosure or destruction. However, the Member acknowledges that no method of electronic transmission or storage is entirely secure, and the Company does not warrant absolute security.
(i) Sharing with third parties. The Company may share personal data with: (i) service providers acting on the Company’s behalf (payment processors, hosting providers, communication tools, analytics tools); (ii) affiliates and group companies (including Beatsmith Academy and Singulareti); (iii) governmental, regulatory or judicial authorities where required by law; and (iv) acquirers, successors or assignees in the event of a corporate transaction. Personal data shall not be sold to third parties.
(j) Breach notification. In the event of a personal data breach, the Company shall notify the Data Protection Board of India and affected Data Principals in accordance with Rule 7 of the Digital Personal Data Protection Rules, 2025.
(20) Intellectual Property
(a) All trademarks, service marks, logos, trade names, designs, copyrights and other intellectual property rights in or relating to the Company, the Programme, the Platform, the Studios, the Events, the Workshops, “Crukces”, “Club Crukces”, “Beatsmith Academy”, “Beatsmith”, “Singulareti”, “#MadeAtCrukces”, “@crukces” and all derivatives thereof are the sole and exclusive property of the Company or its licensors, and nothing in these Terms shall be construed as granting any right, title or interest therein to the Member.
(b) The Member shall not use, reproduce, modify, adapt, translate, publish, distribute, sell, license, sub-license or otherwise commercially exploit any of the Company’s intellectual property without the Company’s prior written consent.
(c) For the avoidance of doubt, the limited right granted to the Member to tag the Company’s handle and use #MadeAtCrukces for the purpose of accruing Minutes is a non-exclusive, revocable, personal and non-transferable licence solely for that purpose, and shall terminate automatically on termination or expiry of the Membership.
(21) Notices and Communications
(a) All notices and communications under these Terms shall be in writing and shall be delivered: (i) to the Company at its registered office (B-57, Sector A, Mahanagar, Lucknow, Uttar Pradesh – 226006, India) or by email to [email protected]; and (ii) to the Member at the address, email or mobile number provided by the Member at the time of enrolment or as subsequently updated.
(b) Notices shall be deemed served: (i) if delivered personally, at the time of delivery; (ii) if sent by email or WhatsApp, on the date of transmission (provided no failure notification is received); and (iii) if sent by registered post, on the fourth business day after posting.
(c) The Member shall promptly notify the Company in writing of any change in the Member’s name, address, email, mobile number, social-media handles or KYC details.
(22) Miscellaneous
(a) Entire agreement. These Terms, together with the Studio Terms and Conditions and the Privacy Policy published at www.crukces.com, constitute the entire agreement between the parties in respect of the Programme and supersede all prior representations, communications, negotiations, understandings and agreements, whether written or oral, in respect thereof.
(b) Severability. If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be deemed deleted to the extent of such illegality, invalidity or unenforceability, and the remaining provisions shall continue in full force and effect.
(c) No waiver. Any failure or delay by the Company in enforcing any provision of these Terms shall not constitute a waiver of such provision or of the Company’s right to enforce it on any subsequent occasion. No waiver shall be effective unless in writing and signed by the Company.
(d) Assignment. The Member shall not assign, transfer, novate, charge, encumber or sub-licence any right or obligation under these Terms or the Membership without the prior written consent of the Company, which consent may be withheld at the Company’s sole discretion. The Company may, without the Member’s consent and without notice, assign, transfer, novate, sub-licence or delegate any or all of its rights and obligations under these Terms to any affiliate, group company, successor-in-interest, acquirer or assignee in connection with any restructuring, merger, acquisition, business transfer or financing.
(e) No partnership. Nothing in these Terms shall constitute or be construed as creating any partnership, joint venture, agency, employment, fiduciary or franchise relationship between the Company and the Member.
(f) No third-party rights. A person who is not a party to these Terms shall have no right to enforce any of its provisions, save that the Company’s affiliates, directors, officers, employees, sub-licensees, successors and assigns may enforce the indemnity, limitation-of-liability and intellectual-property clauses in their favour.
(g) Amendment. The Company may amend these Terms at any time by posting the revised Terms on the Platform. The revised Terms shall take effect immediately upon posting, save where applicable law requires a longer notice period. The Member’s continued use of the Programme after the effective date of any amendment shall constitute the Member’s acceptance of the amended Terms.
(h) Language. These Terms are drawn up in the English language. In the event of any translation being prepared, the English-language text shall prevail in the event of any inconsistency.
(i) Counterparts and electronic acceptance. These Terms may be accepted electronically by the Member by ticking the “I Accept” box, by completing payment of the Membership Fee, or by otherwise availing any benefit under the Programme, and such acceptance shall constitute a binding contract under Section 10A of the Information Technology Act, 2000 read with the Indian Contract Act, 1872.
(23) Governing Law and Jurisdiction
(a) These Terms shall be governed by and construed in accordance with the laws of India.
(b) Subject to sub-clause (c), the parties hereby submit to the exclusive jurisdiction of the Courts at Lucknow, Uttar Pradesh, India in respect of all matters and disputes arising out of, in relation to, or in connection with these Terms, the Programme or the Membership.
(c) Notwithstanding sub-clause (b), the Member’s statutory right under Section 34(2)(d) of the Consumer Protection Act, 2019 to file a consumer complaint at a consumer forum within whose jurisdiction the Member resides or personally works for gain shall remain unaffected.
(d) Each party agrees that any judgment or order obtained from the Courts at Lucknow may be enforced in any other court of competent jurisdiction without re-litigation of the merits.
(24) Grievance Redressal
(a) For any grievance, complaint, query or request relating to the Programme, the Member may contact the Company’s Grievance Officer:
Grievance Officer Crukces Studios Private Limited B-57, Sector A, Mahanagar, Lucknow, Uttar Pradesh – 226006, India Email: [email protected] Phone / WhatsApp: +91-9956999922
(b) The Grievance Officer shall acknowledge each grievance within 72 (seventy-two) hours of receipt and shall endeavour to resolve the same within 30 (thirty) days of receipt, in accordance with the Consumer Protection Act, 2019, the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.
(c) Where a grievance is not satisfactorily resolved by the Grievance Officer, the Member may escalate the grievance to: (i) the Data Protection Board of India in respect of personal data matters; (ii) the District Consumer Disputes Redressal Commission in respect of consumer matters; or (iii) the Courts at Lucknow in respect of all other matters, in accordance with Clause (23).
(25) Survival
(a) The provisions of Clauses (3)(b), (3)(f), (7), (8), (12), (13), (15)(d), (15)(e), (16), (17), (18), (19), (20), (21), (22), (23), (24) and this Clause (25), and any other provision which by its nature is intended to survive, shall survive the expiry, termination or non-renewal of the Membership and these Terms.
Acceptance
By ticking the box marked “I have read, understood and accept the Terms and Conditions of Club Crukces”, by completing payment of the Membership Fee, by signing any Club Crukces enrolment form (whether physical or electronic), or by otherwise accessing or using any benefit under the Club Crukces programme, the Member is deemed to have read, understood and accepted these Terms in full and to have entered into a binding contract with Crukces Studios Private Limited.
Crukces Studios Private Limited reserves the right to make the final determination on all earning verifications, redemptions, Membership decisions, dispute resolutions and any matter arising out of or in connection with the Programme.