Terms and Conditions
You can also download Culture Must's Terms and Conditions as a PDF file. In order to view this document you require the Acrobat Reader software from Adobe. If you do not already have it installed on your system, you can download it for free from the Adobe website.
Please read the following Terms and Conditions carefully. These Terms and Conditions govern the relationship between you (also referred to as "Client") and us, Knowledge Must, offering event-related services and artist bookings with our division Culture Must (hereinafter referred to as "Culture Must"), such as artists for intercultural music events and hosting workshops as well as conferences. "Event" means the function, workshop, exhibition, party, match, event or occasion in respect of which the services are provided by Culture Must. By booking or participating in a Culture Must service, you agree to be bound by these Terms and Conditions which outline, among other things, our cancellation policy and certain limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
Our booking process is very straightforward. When you enquire with Culture Must, we do our utmost to tailor you a solution to suit your expectations within the shortest possible time. You may book the service by phone or instant messenger to assure your service but please mail, email, or fax us your confirmation. To firmly confirm our offer, most services require a firm deposit from your side. By making a booking by telephone, on our website, by mail or by email with Culture Must or its agents, you accept and are bound by these Terms and Conditions. Written confirmation of your booking and/or payments made towards the Culture Must service shall be a legally binding contract between the parties.
In case of one or more but not all Clients confirm the booking, it shall be deemed that everyone has duly authorised the concerned lead Client/s to book on their behalf. In case of bookings by an organisation, the booking has to be done by an authorised representative of the organisation with his/her name and designation.
Culture Must has made this facility available to you as a value-added service. Using this service, you can make your online booking / booking request for booking various services offered by Culture Must. Your booking request will be processed for confirmation of prices and availability of services requested by you. Only on confirmation to you about the prices and availability, Culture Must will be bound to provide you the requested services subject however to you making full payment and complying with the relevant Terms and Conditions.
Any correspondence with you prior to Culture Must's aforesaid confirmation, will not be treated as any acceptance of your request. The online booking of the products and services made available through this website is subject to availability and solely at the discretion of Culture Must and/or its respective suppliers. Please ensure that all information given by you while booking is correct. For security reasons and to be able to advice you of any developments affecting your participation in our services we need to be able to contact you by telephone and email and to have your correct address on record. If any or all of these contact details are not correctly given by you, we reserve the right to cancel the transaction at your risk and cost. The right to access and transact on the website is reserved as is the right to use any particular credit card on the site for payment purposes.
The website is provided on an 'as is' and 'as available' basis. We do not accept any liability in respect of your ability to access or use the site at any time or for any interruption in that access or use or for any failure to complete any transaction. We do not warrant that the website is free from computer viruses or other properties that may cause loss or damage.
Unless otherwise noted in a contract between the Client and Culture Must, for bookings accepted by Culture Must 28 days or less prior to the event, the Client shall pay all the fees within one week of Culture Must's acceptance of the booking. For a booking accepted by Culture Must more than 28 days prior to the event, the Client shall pay 25% of the fees (or such proportion of the fees as Culture Must stipulates) within one week of Culture Must's acceptance of the booking and the balance no later than one week before the event. Culture Must is under no obligation to issue tickets or other documents for the event until it receives full payment of the service fees.
Despite any possible changes of dates or interruptions of the service, the specified payment schedule must be complied with. In case of agreed payment by instalments, the first instalment is due before the event. If Clients do not pay their dues on or before the due date after being intimated about and given a reasonable amount of additional time, Culture Must reserves the right to treat their booking as cancelled and to claim compensation for any damages due to non-payment.
We offer you various options for payment, including credit card payment facilities, Moneybookers, PayPal, or getting a bank cheque or international money order issued in the name of Knowledge Must. Please let us know whether you would prefer to pay in Euro, U.S. Dollar, Renminbi, Indian Rupees, or any other currency. The prevailing rate of exchange on the date of the transaction would be applicable. Please note that you will have to pay all bank charges including charges relating to credit card / net banking / cheque / demand draft at the applicable rate in addition to the cost of the service.
The Client will arrange and pay for all necessary transportation and accommodation services in advance. Where the Client is arranging for transportation and accommodation, full details and tickets should be made available to the artists and Culture Must at least one week in advance of the event. If any part of the fee remains unpaid or travel or accommodation documents are not received within reasonable time for the artist to plan his/her travel, the booking shall be void and the artist will not be obliged to fulfil the engagement. The Client is responsible for the artist's subsistence on full day bookings.
The Client is to supply clear and detailed directions to ensure artists and Culture Must representatives are able to reach the venue. Should the event be postponed, Culture Must will not be obliged to accept a re-arranged booking for the event or artist at a later date and cancellation terms will apply.
The Client agrees to provide adequate security and insurance for the artist and the artist’s personal property and equipment. Such security and insurance as aforesaid shall commence upon the artist’s arrival at the site of the venue and continue until the artist has left the site of the venue. Such insurance shall be against loss, theft, breakage, and damage. In any event the Promoter shall forthwith reimburse the artist on demand for the replacement value (on the basis of the actual replacement cost of the same or equivalent item) of any item that is stolen, broken, or damaged while the artist is on the site of the venue.
The Client shall insure that the person with overall responsibility for the event and authorised to make all decisions with regards to the event is available to the artist and Culture Must staff at all times whilst they are present at the venue. In the event that the Client or the authorised representative is not available when required, the artist and Culture Must staff may refuse to perform or cease to continue working and the Client shall be responsible for the payment of the fee in full.
The Client agrees to provide the artist with a guest list to contain up to 10 names. These names will be provided by the artist or the artist’s representative prior to the performance and such persons shall be allowed to attend the event free of charge.
Culture Must is entitled to terminate a contract without liability if for any reason beyond its control the artist is unable to perform, such as due to fire or theft of equipment, illness or breakdown of vehicle. Culture Must will use all reasonable endeavours to locate a replacement artist, but, in the unlikely event of a non performance all monies paid will be refunded, but this will be the limit of Culture Must's liability to the Client.
Whilst every endeavour is made to provide satisfactory and efficient service to our Clients, as intermediary Culture Must cannot be held responsible for an artist's conduct or failure to attend on any assignment. If the artist cannot perform for any personal reason including but not limited to death or illness or close family bereavement or other similar emergency Culture Must shall take all reasonable steps to advise the Client and where agreed by the Client, Culture Must shall provide on a best endeavours basis a replacement artist of similar style and skill level providing this is practical in the time available. All travel/accommodation costs for the replacement artist shall be at the expense of the Client.
The employment status of an artist will be dependent upon the contract agreed with the Client. However for the avoidance of doubt nothing in these terms shall render an artist to be an employee of Culture Must in any way. It is the Client’s responsibility to ensure that the artist is eligible and legally entitled to work at the particular location and it is acknowledged and agreed that Culture Must shall have no responsibility or liability in respect of the work status of an artist.
The Client warrants that any offers regarding future engagements for the artist by the Client shall be directed through Culture Must and under no circumstances should the Client make any such offers to the artist or their representatives directly subject to Culture Must continuing to represent the artist.
The Client is not permitted to use any other artwork or logos to advertise the artist or the event other than those supplied by Culture Must. If the Client is found to use any unauthorised images including but not limited to logos and photos there will be an additional charge payable by the Client. All artwork must be sent to Culture Must for approval and Culture Must reserves the right to cancel all bookings if approval has not been given. Culture Must also reserves the right to use any photography or video footage taken during the event for promotional purposes unless otherwise advised by the Client.
The Client agrees that it shall use its best endeavors to promote and advertise the event at the Client’s sole cost and expense. Featured artists and Culture Must shall receive top billing on all press and promotional activities associated with the event. Any newspaper or other media reports organised by the Clients or their representatives must be approved with Culture Must before publication. Any published reports relating to activities organised by Culture Must must include the company name and website details.
At the Client’s sole cost and expense the Client shall provide for the technical equipment required for the artist as specified in the Tech Rider. If the equipment is provided by Culture Must, then the Client is responsible for the equipment at all times during the event or hire period. The Client guarantees that Culture Must's equipment will not be damaged, misused or modified in any way and accepts liability for the cost of repairs or replacement should any of these occur to the unit. In the event of the equipment being lost or stolen during the hire period, the Client is liable to reimburse Culture Must for the full cost of the items. The equipment remains the property of Culture Must at all times during the hire period.
Equipment, once sited, will not be moved. Clients need to ensure where they want the equipment to be setup accurately.Culture Must reserves the right to substitute hired equipment with equipment of a similar type and value in the event of previous damage or loss of booked equipment. In the event of any damages caused by participants to property or equipment in use by the Client, except by fair wear and tear, the Client will be charged the full replacement cost. Any damages must be reported to the Culture Must representative immediately.
All bookings should be taken on the understanding that the venue is in possession of the necessary entertainment and liquor licenses. Without prejudice to the other provisions of the Client shall not hold or otherwise permit the holding of the event if any authority, license or consent in respect of the event is not issued or if issued is withdrawn or cancelled. Culture Must is not responsible if the venue is found to be in breach of the terms of their license.
The Client shall insure that the event is organised and conducted in such a way as to comply with all laws, regulations, rules, and guidance covering the holding of such events and the Client will (inter alia) obtain all consents necessary for the event to occur and to procure that all necessary licenses, permits, consents, authorities, permissions, safety certificates, and insurances required by law (or which otherwise necessary and/or appropriate in all the circumstances) are obtained from the appropriate governing bodies or authorities prior to the commencement of the event.
The Client agrees to be responsible for any payments due to the Performing Rights Society (or any other collection society) arising from the event. The Client also agrees to be responsible for ensuring that all taxes either local or national relating to the artist's performance are paid according to the law of the jurisdiction under which the event is scheduled. Under no circumstances is there to be a deduction from the artist's fee in relation to this issue.
We are also able to offer you all-inclusive internship, volunteer, and study abroad programmes, complete with accommodation, meals, transportation, travel arrangements, language training, and more. Terms and Conditions of Knowledge Must's other divisions Career Must, Language Must, Training Must, and Travel Must apply.
Changes and Cancellations by Clients
Culture Must will endeavour to accommodate any changes or alterations to the services requested by the Client but is not obliged and cannot guarantee to do so. In case of cancellation of the event or the booking, the Client has to inform Culture Must at the earliest time possible. If this information is received more than one week prior to the event, a payment of 50% of fees will be owed by the Client to Culture Must. If this information is received less than one week before the event, the Client has to pay the full fees to Culture Must.
If you wish to cancel your service, you must write to Culture Must as follows provided that such intimation should be given on a working day within working hours:
- By fax at +91-(0)11-26491817
- By email to info(at)culture-must.com
- By letter to our registered offices
If the booking has been conducted by one or more persons for themselves and for others, then the communication signed by such signatory/s would be treated as a valid communication for cancellation for all such persons mentioned in the booking. Similarly if your agent cancels, it will be deemed and construed that all the Clients and you are in agreement with the same. The computation of the period of notice of cancellation shall commence only from the time the written request reaches Culture Must on working days within office time.
In case of Third Party Products, the rules relating to cancellation and the cancellation schedule prescribed by the concerned Third Party Service Provider would be applicable and in addition Culture Must shall have the right to claim service and communication charges.
We do not have any insurance policy covering the expenses for accident, sickness, loss due to theft, or any other reasons. Clients must ensure that they take out appropriate insurance to cover risks, including travel insurance, which may arise due to the Client's involvement in the event and that insurance is maintained at all relevant times. The Client agrees to provide Culture Must upon request with proof of insurance cover. It is the sole responsibility of the Client to obtain adequate insurance against cancellation or postponement of the event for whatever reason. Culture Must recommends that each Client seeks professional advice concerning the risks and relevant insurances relating to participation in the event, for example, insuring event items against loss, theft, or damage in transit and while at the event venue or site.
Changes and Cancellations by Culture Must
Culture Must will endeavour to provide the services but reserves the right at its discretion to alter, amend or change the services (including alterations, amendments or changes in time, date, and venue) should it be found necessary to do so and shall have no liability to the Client for such alterations, amendments or changes except for refund of any monies no longer required to be paid to a third party. If Culture Must cancels or postpones the event, it will notify the Client as soon as practicable. Culture Must will make all reasonable endeavours to refund paid service fees to the Client within 30 days of the cancellation.
Prices and Surcharges
The prices quoted in our marketing materials have been calculated at the rate prevailing at the time of publication. Culture Must reserves the right to amend the prices published in its marketing materials and to charge accordingly in case of currency fluctuations, changes in the various gross rates of exchange, and/or fuel costs, special/high season charge levied by the suppliers and hikes in tax.
Participants must be physically fit to take part in the activities involved and free from any illness or conditions that may render the activity hazardous. Certain activities are only suitable for specific age groups and these age restrictions must be adhered to. While there is generally no upper age limit, minimum age requirements often exist depending on the specific venue and the type of event. Culture Must accepts no responsibility when clients fail to adhere to these rules.
Code of Conduct
The Client will provide adequate supervision of all guests and/or customers and/or staff at the venue and will be liable for any theft or damage to Culture Must's or the artist's equipment caused by said guests, customers, staff or the Client's nominated users of the equipment. The artists and/or Culture Must reserve the right to terminate their services at any point should they feel that their personal safety or equipment is at risk. Clients are responsible for any and all damages they cause and must directly compensate the owner of the property involved.
Culture Must also reserves the right to send away any person who in their judgement is found to be unmanageable or a danger to the safety or enjoyment of others. Culture Must does not tolerate violent, aggressive, racist, or abusive behaviour from anyone under any circumstances. Culture Must does not take responsibility for ejecting any unwanted persons from any venue. Culture Must will advise the Client of any problems that need resolving in this respect with any of the guests. Any additional costs and responsibility involved in removing the participant will be borne by the Client.
Conditions of Services
The Client acknowledges that the nature of some Culture Must services can be adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release Culture Must from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks.
Limitation of Liability
When we conduct a needs analysis with you, we take outmost care to define the most suitable Culture Must service for you. However, it is your responsibility to ensure that this service is appropriate for your specific objectives. Culture Must cannot provide any warranty as to the quality, suitability, or otherwise of the artist or event. Furthermore, Culture Must is not liable for the non-appearance of any individual, artist, performer, player, or participant at the event. In the event of structural, physical or technical deficiencies in a venue or its electrical supply spoiling the performance or operation of the equipment, Culture Must will not be held responsible and no refund will be given.
Culture Must and its partners and sub-contractors shall not be held liable for (i) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to defective transport or property; and (ii) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The Client waives any claim against Culture Must and/or its partners and sub-contractors for any such loss, damage, injury, or death.
Enticement of Employees
All financial as well as contractual transactions must be handled directly via Culture Must. All Culture Must staff and artists are bound to Culture Must and are not entitled to accept orders from present or former clients of Culture Must. Any violation of this interdiction will be fined.
Culture Must works with highly reputable partners. By working closely with these individuals and organisations, we are able to offer you the best prices and local expertise. If you book any third party products through us, their Terms and Conditions would be applicable in addition to our Terms and Conditions. Consequently, any delay injury, death, loss or damage is caused on the above account does not render us liable to the Clients who have chosen us as service providers. However, in case the Client is not satisfied with a particular service, we take up the matter with the supplier if we are intimated immediately.
Claims and Complaints
If a Client has a complaint against Culture Must, the Client must directly inform the Culture Must representative whilst on the service in order that the representative can attempt to rectify the matter on the spot. If satisfaction is still not reached through these means, then any further complaint must be put in writing to Culture Must within one month of the end of the service. If you fail to do this, any right to compensation or refund which you may have, will be extinguished or reduced. You can write:
- By fax at +91-(0)11-26491817
- By email to info(at)culture-must.com
- By letter to our registered offices
In the event that any of the Terms and Conditions contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such Terms and Conditions shall be deemed to be severed from this agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
Successors and Assigns
These Terms and Conditions shall inure to the benefit of and be binding upon Culture Must and the Client and their respective heirs, legal personal representatives, successors, and assigns.
Errors and Omissions
We take utmost care in preparing our marketing materials and in describing our services therein. However, we cannot be held responsible for any typographical, printing, or any error, omission or unintentional misrepresentation that may occur.
No person including the employee/s of Culture Must or yourself have the authority to alter, amend, or waive any stipulation, representation, term or condition set forth in these Terms and Conditions. Assurance if any, which is contrary to the Terms and Conditions given, shall not bind Culture Must.
Additional Terms and Conditions may apply to some services and will be provided accordingly. By registering for a Culture Must service, you agree to its specific Terms and Conditions. Knowledge Must reserves the right to change or update the Terms and Conditions of Culture Must from time to time without prior notice to users. The current version of the Terms and Conditions will be displayed within the website from the date on which any changes come into effect. Continued use of the website following any changes to the Terms and Conditions shall constitute your acceptance of such changes.
Validity of Terms and Conditions
These Terms and Conditions from August 2011 remain valid until the publication of new Terms and Conditions here.
The contract including all matters arising from it is subject to Indian and Chinese Law and the exclusive jurisdiction of the Indian and Chinese courts, if there are no other binding legal regulations that contradict this.
We are a company registered in India as well as in China. Our business and the services we offer are governed by the applicable laws of India and China. No warranties and/or representations of any kind, express or implied, are given as to the compliance of the information in our marketing materials, the services offered by or on behalf of us, any information relating to such services and our business in any respect with any laws of any other country which do not, in any event, affect or apply to the same.
The registered offices of Knowledge Must are:
New Delhi Knowledge Must Consulting Private Limited
3rd Floor, 212 Shahpur Jat
New Delhi - 110049
Knowledge Must Private Limited
Room 2003, 20th Floor, Second Tower
Zhengcheng Caifu ID
Zitong Qiao Xijie 2, Jinjiang Qu
Chengdu - 610020