Terms of Service
These User Terms of Service (“Terms of Service”) constitute a binding contract between you, our corporate client (“User” or “Customer” or “You”) and www.ankoornaik.com (“Us”, “We”, “Company”), regarding the terms under which We will provide You with access to our Products and Services.
This Terms of Service Policy sets out the terms between You and Us under which You may access Our Website at www.ankoornaik.com (hereinafter referred to as the “Our Website”). This Terms of Service Policy applies to all Customers and Users of our Website.
BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, USER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). By using our Website, you signify your agreement to these Terms of Service. User hereby shall agree that its assent, given electronically, shall have the same legal effect as if it had been personally signed by User. To the extent permitted by the law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Furthermore, when you use our Website for any of our existing or future products / services, you will be subject to the appropriate guidelines, terms, conditions, and agreements applicable to those products / services. If our Terms of Service conflict with the guidelines, terms, and agreements that apply to such services, these Terms of Use will control the same.
- TERMINOLOGY.
- “Account” means an account that may be required to access and/or use our Website at www.ankoornaik.com;
- “Company” means a sole proprietary concern of Mr. Ankoor Naik.
- “Content” - means the information, texts, graphics, logos, icons, images, PDFs, audio and video clips, digital downloads, data compilations available on the Website.
- “Effective Date” - refers to the date that the Company confirms User’s right to use the Website and/or the date of acceptance of this Terms of Service by You, whichever is earlier, shall be binding on the parties hereto as Effective Date.
- “Services” - means the Website, and its entire contents, features and functionality (including but limited to, all information, software, code (source code and object code), user interface, algorithms, data, data structure, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Content, files and any documentation pertaining to the foregoing) related to the Website.
- “User” - refers to a person who has the right to access the Website after registering themselves on the Website. A User must possess the legal right and ability to enter into binding contracts.
- User agrees to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the website or portions of it using User’s Authentication Information, save and except other employees/officers of the corporate. User shall notify the Company immediately of any unauthorized access to, or use of, Authentication Information. The Company has the right to disable any User’s access to the Services at any time, in its sole discretion [for any or no reason, including] if, in the Company’s opinion, and/or User has violated any provision of these Terms of Service or appear likely to do so.
- “Registration” – means subscribing to the Website as a User.
- “Term” - means the period of time that a User may utilize the applicable portion of the Website
- “Virus” means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.
- “Website” - means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Company's website located at www.ankoornaik.com.
- “Website Provider” - means Mr. Ankoor Naik.
- INFORMATION ABOUT THE COMPANY.
This site is owned, operated and hosted by Mr. Ankoor Naik, through his sole proprietary concern having its registered office at __________________________. This Website is provided solely to assist our customers/users in providing skills or coaching on leadership, business coaching, business expansion, strategic business collaborations, self-efficiency development, building business relations, skill training, self-efficiency etc. and courses, seminars/webinars, workshops, interactive sessions associated with the same. We strive to empower and teach future entrepreneurs to scale their businesses and create their organisations, as well as to strengthen the core of individuals emanating from all walks of life to overcome obstacles by building a solution-oriented mentality. We may sell our courses or any other services to business owners, individuals, corporate entities through our website, who can purchase the same with permitted payment methods as may be available on our Website from time to time.
- AGE RESTRICTIONS
Our Service is only available to those who are 13 (thirteen) years of age or older. If you are 13 years or older but under the age of 18, or the legal age of majority in the jurisdiction of the country you reside in (if that jurisdiction has an older age of majority), you agree to review these Terms with your parent or guardian to ensure that both you and your parent or guardian understand these Terms, and you agree to have your parent or guardian review and accept these Terms for and on your behalf.
If you are a parent or guardian agreeing to these Terms on behalf of a child over the age of 13 years (or the digital age of consent in your country, if older), you agree to accept sole responsibility for your child's use of our Service, including any financial cost, charges and legal liability.
To use this Website, the age criteria of 18 years shall not be applicable to you if and until you represent an organisation or any artificial person (corporates).
- ACCESS AND CHANGES TO OUR WEBSITE
- All content contained on our Website including but not limited to text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilation is Company’s exclusive property and it is protected by laws of India. Access to our Website and services provided therein requires Registration. Upon Registration, our Website is available for the User’s to only access our Services and make personal use our Website by browsing or making a purchase of our Products / course materials. However, mere browsing on Our Website does not require the User to register on Our Platform.
- Any content of our Website or any other platform owned or controlled by us shall not be copied, reproduced, republished, posted, transmitted, sold, resold for any purpose other than of availing services provided on our Website.
- If a User uses Our Website, User is responsible for maintaining the confidentiality of their account, login credentials including the password and for restricting access to their hardware and/or their Account to prevent unauthorised access to their respective Account. User agrees to accept responsibility for all activities that occur in the User’s Account and/or with the password. User shall take all necessary steps to ensure that login credentials are kept confidential and secure. If User has any reason to believe that the login credentials have become known to anyone else, or if the password is being used or is likely to be used in an unauthorised manner such User should inform Us immediately. User shall ensure that the personal information that User provides Us with are correct and up-to-date shall further ensure to inform Us immediately of any changes to the information that the User provided at the time of registration. User can access and update the information provided to Us by the User in the Account tab of Our Website. We reserve the right to deny access to Our Website, terminate accounts, remove or edit content at any time without a prior notice to you.
- We may from time to time make changes to Our Website:
- Changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by email of any changes (including, if applicable, anything that you need to do) and/or host a disclaimer on Our Website if that would materially affect your use of Our Website.
- Changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any such changes (including, if applicable, anything that you need to do); and
- We will continue to develop and improve our Website over time, in some cases making significant changes to it.
- We will always aim to ensure that our Website is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under Clause 4.iv. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to availability.
- USER ACCOUNT
- User is required to register and set up an account for purchasing products from our Website by entering his/her following personal details to sign up for an Account on Our Website: full name, email address, mobile number (optional), social media links (optional) and profession. Our Website may ask for the verification of the information provided by the User like email address and/or mobile number etc. and hence, it is advisable to provide valid information for creating the Account. Our Website will set-up an account upon verification of the email address and mobile number provided by the User.
- User can create only one Account and such Account shall not be permitted to transfer or interchanged with any other person. The type of information required to be provided by the User to register on Our Website, usage of such information, protection and confidentiality of such information are more specifically dealt with in Our Website’s Privacy Policy (client to insert hyperlink here) and the Users are requested to read the Privacy Policy in detail before sharing their information or creating an Account on Our Website.
- WORKING OF THE WEBSITE
The website highlights the coaching details, practicies and some processes utilized for Entrepreneur clients to have a better Business and Life. It contains knowledge base to improve the same in the format of blogs, pdfs (paid and free)
- USER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
- Subject to these Terms of Service, User will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicense-able right to access the Website. Upon agreeing to grant such access, the Website Provider/host/Company does not obligate itself or take liability on itself to maintain the Website, or to maintain it in its present form. The Website Provider/host/Company may upgrade, modify, change or enhance the Services at any time in its sole discretion, to the extent that the same is not detrimental to User’s use of the Services.
- User agrees to abide by any rules or regulations that the Website Provider publishes with respect to conduct of Users of the Website, and rules and regulations are hereby incorporated into these Terms of Service by reference. The Website Provider reserves the right to deny any User, access to any portion of the Website if, in the Website Provider’s sole discretion, User has failed to abide by these Terms of Service or appears likely to do so.
- User accepts that the Website Provider in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.
- User acknowledges and agrees on behalf of itself that their use of our Website shall be strictly governed by the following binding principles:
- User shall not post, publish, transmit, alter/modify or share any information which:
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- is misleading in any way;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive or threatening;
- belongs to another person and User does not have any right on the same and/or infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- contains video, photographs, or images of another person (with a minor or an adult);
- Attempts / tries to gain unauthorized access or exceeds the scope of authorized access to Our Website or solicits passwords or personal identifying information for commercial and/or unlawful purposes from other users;
- interferes with another User's usage of Our Website;
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy;
- violates any law for the time being in force;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- shall not be false, inaccurate or misleading;
- that shall not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
- User also agrees, undertakes and acknowledges that:
- Access privileges shall not be transferred to any other third-parties;
- It will not access, store, distribute or transmit any Viruses;
- It will comply with all applicable laws and regulations with respect to use of the Services;
- It will use content available on our Website only for personal, non-commercial purpose only;
- It will not rent, lease, sublicense, sell, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
- It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
- It will not transmit, distribute, upload, post, republish any data or content of our Website including but not limited to any commercial purpose;
- It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
- It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
- It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
- It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any copyright, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
- ACCOUNT REGISTRATION CHARGES
As on the date of publishing this Terms of Service, the usage of our Website and creation of Account on our Website is free of charge. However, We reserve the right to charge a fee for registration of a User and creation of an Account on Our Website. Our Website may, at its sole discretion, introduce new services and/or modify some or all of the existing services offered on Our Website. In such an event, Our Website reserves the right to introduce fees for such new services offered or amend/introduce fees for existing services, as the case may be. Any changes to the charges shall be posted on Our Website here in these Terms of Service and such changes shall automatically become effective immediately after they are posted on the Website and a User’s continued use of Our Website shall amount to deemed acceptance of the changes so made to Our Website. Unless otherwise stated, all fees shall be quoted in Indian National Rupees. User shall be solely responsible for compliance of all applicable laws including those in India for making payments to Our Website.
- AVAILABILITY OF WEBSITE.
User recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and therefore, a User agrees and undertakes that a User shall not hold the Website Provider liable for delays that are ordinary in the course of Internet use. The User further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Website/Company's upgrading, modification, or standard maintenance of the Website and that the Website Provider/Company will not be held liable for the same.
- DEFAMATION
User shall at all times refrain from making any negative, denigrating, or defamatory statement(s)/comment(s), verbally and/or in writing, about the Company, the brand name and/or domain name used by the Company, including but not limited to “Mr. Ankoor Naik”, “www.ankoornaik.com” and/or otherwise engage in any conduct or action that might tarnish the name, brand, image or reputation of Mr. Ankoor Naik or product(s) sold on Our Website or otherwise tarnish and/or dilute any trademark, trade name and/or goodwill associated with such trademarks, trade name as may be owned and/or used by Company. User agrees that User will not tamper with and/or misuse Our Mr. Ankoor Naik, systems, networks, or any systems or networks connected to our Mr. Ankoor Naik.
- INTELLECTUAL PROPERTY RIGHTS.
- The Website is owned, hosted, maintained and operated by the Company under its brand name “Ankoor Naik” and its licensors, if any, and is protected by Indian and international copyright, trademark and other intellectual property or proprietary rights laws. Any trademarks, service marks, logos, scripts contained on our Website are proprietary to the Company and its licensors.
- No right, title or interest in or to the Services or any portion thereof, is transferred to any User and all rights not expressly granted herein, are reserved and retained by the Website Provider.
- The Website Provider name, the Website Provider logo, brand name – ‘Ankoor Naik’ and all related names, logos, product and service names, designs and slogans, are trademarks of the Website Provider or its affiliates and/or licensors. User shall not be at a liberty to use such intellectual property rights without the prior written permission of the Website Provider. All other names, logos, product and service names, designs and slogans on Our Website are the trademarks of their respective owners.
- By accepting these Terms of Service, you hereby agree and undertake:
- To not acquire, copy, download or otherwise attempt to acquire, copy, download any part of Our Platform, save and except any forms to be duly filled by User;
- To not disassemble, decompile or otherwise reverse engineer Our Website or any part thereof;
- To not allow or facilitate any use of Our Website that would constitute a breach of these Terms of Service;
- To not embed or otherwise distribute Our Website on any third party website, ftp server or similar.
- To not use our Website or any part thereof in any way whatsoever for promotion, marketing and branding of any third party products / services that are not registered on Our Website for sale.
- WEBSITE PROVIDER OBLIGATIONS.
Website Provider will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance, downtime(s) and required repairs and for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Website Provider, including, but not limited to, any Force Majeure Event (as defined hereinbelow). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Website Provider / Company's instructions, or modification or alteration of the Services by any party other than the Website Provider / Company. If the Services are in non-conformance with the foregoing undertaking, the Website Provider will use all reasonable commercial endeavours to correct any such non-conformance as early as possible.
- PAYMENT AND PAYMENT METHODS.
For purchasing the products and/or course materials enlisted on and sold through Our Website, We offer multiple payment methods for Users.
Our Website works with various third-party payment service providers to offer our Users with the most convenient and trusted payment methods and to keep User’s payment information secure. Our Website shall be at a liberty to update the available payment methods using information provided by our payment service providers.
Our Website is partnered with ‘Stripe’ as our payment gateway partner that undertake to use secure encryption technology to keep the User’s transaction details confidential at all times. In the event a User opts to pay for our products via Stripe, User will be redirected to Stripe’s site and the transaction shall be governed by the Privacy, Terms and Conditions and other website and payment related policies of Stripe. Our Website and/or Website Provider shall neither be liable nor responsible in any manner whatsoever at any time for any breach or default on the part of Stripe relating to the User and/or personal data / sensitive personal data of the User.
Additional Payment Methods
In addition to Stripe and Phone Pe, the Website may at its sole discretion, also make available payment via GooglePay or GPay by sharing the Company’s GooglePay / GPay QR Code (quick response code). Upon selecting the option to pay via GooglePay or GPay, User shall scan the QR Code of the Company and Users will be able to make payment as per instructions mentioned therein. The transaction shall be governed by the Privacy, Terms and Conditions and other website and payment related policies of GooglePay or GPay. Our Website and/or Website Provider shall neither be liable nor responsible in any manner whatsoever at any time for any breach or default on the part of GooglePay or GPay relating to the User and/or personal data / sensitive personal data of the User.
- CANCELLATION, REFUND & EXCHANGE OF ORDERS.
Once a payment is confirmed, User shall not be at a liberty to cancel its order for a product. Payments made for accessing any of the products sold by Us shall not be liable to be refunded for any reason whatsoever. A User is advised to purchase the products only as per their respective requirements and not otherwise.
In the event a User is not satisfied with the contents of the product(s) sold by Us and purchased by the User, then We shall not be obligated, responsible and/ or liable to refund any payments made by any User towards the same at any time for any reasonable whatsoever.
As a Company Policy, at any time, no products sold by the Us shall be exchanged for any User in lieu of any other products sold by Us for the User.
- PRODUCT ACCESS.
Upon payment receipt confirmation, User gets a limited, non-exclusive, non-transferable license from us to access and view the product selected by the User and for no other use solely for User’s personal, non-commercial, educational purposes in accordance with these Terms of Service and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited.
Users shall not be at a liberty to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, duplicate/copy, make public, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless our Website gives you explicit permission to do so vide a written agreement signed by our Website Provider. We generally grant a lifetime access license, except when such product content needs to be disable or license needs to be revoked because of legal or policy reasons or for any other plausible reasons.
User may inform Us by email at the email address provided at the end of this Terms of Service Policy if any product is not available for access or viewing by the User for which the payment is made by the User and successfully received by us within a period of 3 (three) days the payment is made by the User alongwith relevant proof of payment confirmation including but not limited to transaction reference number post which We shall look into and action the same accordingly, if found genuine by Us in our sole judgment. In genuine cases, We may also try to proactively contact the User. User is advised to check their emails regularly for any updates from Us in that regard.
- FRIVOLOUS COMPLAINTS.
In the event, it comes to Our knowledge that a User has raised a complaint / request in relation to quality or content of the products purchased by the User and the same is found to be frivolous or baseless, We reserve the sole right to take necessary actions / legal actions against User as We may deem fit and User will be solely liable and responsible for all costs and expenses incurred by Us in this regard.
- COMPANY OBLIGATIONS.
Our Website will use commercially reasonable efforts to enable our Website to be accessible, except for scheduled maintenance, downtime(s) and required repairs and for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by Our Website, including, but not limited to, any Force Majeure Event (as defined hereinbelow). The foregoing shall not apply to the extent of any non-conformance caused by use of Our Website contrary to the Company's instructions, or modification or alteration of Our Website by any party other than the Company. If our Website is in non-conformance with the foregoing, We will use all reasonable commercial endeavours to correct any such non-conformance, or We may, at Our discretion provide Users with an alternative means of accomplishing the desired performance. However, the Company shall not be obligated to conform with the foregoing.
- TERM, TERMINATION & EFFECTS.
- Term.
- A User may register on our Website and avail our Services after Registration and post payment of Fees for the various courses, videos, content provided on our Website.
- These Terms of Service are effective from the time the User clicks “I Accept” and/or uses/continues to use Our Website and are in force until terminated by either User or the Website Provider.
- A User shall be at a liberty to terminate these Terms of Service at any time by discontinuing their access to Website.
- A User shall notify the Website Provider / Company of its intention not to use its Account on the Website.
- Termination. The Website Provider / Company reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.
- Effects of Termination. User will have no further rights to access the Website. Termination will not affect the rights, liabilities and/or claims of User that accrued prior to termination.
- Upon Termination, Company shall, unless retention is necessary for compliance with any law for the time being in force:
- (a) erase personal data of the Users, upon such Users withdrawing their consent; or
- (b) if the purpose for which the personal data of the Users is collected has concluded or is no longer serving the purpose;
- CONFIDENTIALITY.
The User agrees to maintain the confidentiality of the Website Provider & Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, the Website.
- THIRD PARTY LINKS OR INFORMATION.
Our Website contains links to other websites that are not hosted, owned, maintained, operated by the Website Provider and/or the Company. Website Provider is not and shall not be responsible in any way whatsoever for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for their content’s accuracy or completeness. The inclusion of any linked app(s) / website(s) on Our Website does not imply approval or endorsement of such linked app(s) / website(s) by Company. Once a User that leaves this Website to access these third-party app(s) / website(s) does so at its own risk. Third party links shall be including but not limited to Payment Partner’s webpage.
- CONTENT SUBMISSION BY USERS.
- Users may be permitted by the Company to post or submit content such as reviews, comments, social media blogs, suggestions, questions on our Website. We accept no liability with respect to any material submitted / posted by Users and published by us and we shall in anyway whatsoever not be responsible for its content and accuracy.
- If you wish to submit content to us for publication on our Website, you may do so on the terms and conditions more particularly covered in our User Policy. (Client to insert link here)
- DISCLAIMERS OF STATEMENTS / WARRANTIES.
User’s use of the Services or products obtained through the Services including but not limited to the content available on Website is at User’s own risk. The Services are provided on an "as is" and "as available" basis, without any statements or warranties of any kind, either express or implied. Neither the Website Provider, its affiliates nor any person associated with them makes any statement, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services. Without limiting the foregoing, neither Website Provider, its affiliates nor anyone associated with them promises that the Services or products obtained through the Services or any portion thereof, will be accurate, reliable, error-free or uninterrupted, or that defects will be corrected, that the Services or the Website or the server that makes it available, are free of viruses or other harmful components, or that the Services or items obtained through the Services will otherwise meet User’s needs or expectations. Website Provider and its affiliates hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. No verbal or written representations, information or advice given by Company, its affiliates or their authorized representative shall create a warranty or in any way increase the scope of this warranty.
- No part of our Website or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of our Services.
- We make reasonable efforts to ensure that the content contained within our Website is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that our Website (and the content therein) is complete, accurate or up-to-date.
- We may permit our Users share and update their reviews on their experience on our Website. However, in any event We shall not be responsible for any content or accuracy thereof, or for any opinions, views, or values expressed in any User Content or comments/reviews expressed by Users on our Website, uploaded, or hosted using our Website. Any such opinions, views, or values shall be those of the relevant User, and not our opinions, views, or values in any way.
- We are not responsible for any aspect of any services provided by Third-Party Service Providers, nor do we endorse those services in any way.
- While using our Website, user may be routed to other sites beyond our control, including links to or from affiliates and content partners who may utilise our Marks as part of an affiliate arrangement. When you click on a link that takes you away from the Website, the site you are taken to may not be in our control, and different terms of use and privacy policies may apply, which you should carefully read and analyse. We shall not be held responsible for checking or evaluating any such third party's offerings or the content of their websites, and that we do not warrant their offerings or the content of their websites or any other platform.
- Your use of services provided by any Third-Party Service Providers shall be subject to the terms and conditions / terms of service specific to those services. We will not be party to any contracts or agreements between you and such Third-Party Service Providers, nor will we be responsible for such transactions in any way.
- You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website.
- You must not attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database connected to our Website.
- You must not attack our Website by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of these sub-Clauses above you run the risk of committing a cybercrime under the Information Technology Act, 2000 (as may be amended from time to time) and such other cybercrime laws prevalent at that time. Any and all such breaches will be reported to the relevant law enforcement authorities and We will co-operate fully with those authorities by disclosing your identity to them. Your right to use our Website will cease immediately in the event of such a breach and, where applicable, your Account, User Content will be suspended and/or deleted.
- DATA PROTECTION AND USER SITES.
- Both Users and We shall comply with all requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. With respect to personal data collected by Us of a User, for the purpose of the Information Technology Rules, 2011 - the User is the data controller and We are the data fiduciary / processor.
- Any and all personal data processed by Us (as a data fiduciary / processor) on your behalf (as a data controller) in the course of providing our Website) shall be processed in accordance with the terms of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
- However, it is to be noted that section 69 of the Act, along with section 17 of Digital Personal Data Protection Act, 2023 which is an exception to the general rule of maintenance of privacy and secrecy of the information, provides that where the Government is satisfied that it is necessary in the interest of:
- the sovereignty or integrity of India,
- defence of India,
- security of the State,
- friendly relations with foreign States, or
- public order, or
- prevention, detection, investigation, prosecution or incitement to the commission of any cognizable offence relating to above, or
- enforcing any legal right or claim, or
- ordered by any court or tribunal or any other judicial or quasi-judicial or regulatory or supervisory body in India, or
- personal data of Users not situated within the territory of India is processed pursuant to any contract entered into with any person outside the territory of India by any person based in India, or
- a scheme of compromise or arrangement or merger or amalgamation of two or more companies or a reconstruction by way of demerger or otherwise of a company, or transfer of undertaking of one or more company to another company, or involving division of one or more companies, approved by a court or tribunal or other authority competent to do so by any law for the time being in force, or
- ascertaining the financial information and assets and liabilities of any User who has defaulted in payment due on account of a loan or advance taken from a financial institution, or
- research, archiving or statistical purposes if the personal data is not to be used to take any decision specific to a User.
- It may by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. This section empowers the Government to intercept, monitor or decrypt any information including information of personal nature in any computer resource.
- Where the information is such that it ought to be divulged in public interest, the Government may require disclosure of such information. Information relating to anti-national activities which are against national security, breaches of the law or statutory duty or fraud may come under this category.
- USER LIABILITY.
- In the event of any default by User in making payment for the products ordered by the User, User would solely be responsible and liable for the same and Company under no circumstances will be held liable for failure on the part of User in the event of default in payment on the part of a User.
- Company is neither User’s agent nor contractor. Company shall provide Our Website to User on a Principal-to-Principal basis and nothing contained in this Terms of Service shall constitute a partnership or joint venture or an agency relationship between User and Company; and Company does not authorize User to make any representation or to incur any liability on behalf of the Company.
- LIMITATION OF LIABILITY.
- Company and its affiliates will not be liable (whether in contract, warranty, tort including negligence, product liability, any type of civil responsibility, or other theory or otherwise) to you – User or any other person for the cost of cover, recovery or recoupment of any investment made by you or your affiliates in connection with our association, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this association, even if Our Website has been advised of the possibility of such costs or damages.
- In no event shall Our Website, its affiliates, licensors, employees, agents, officers or directors be liable to the User or any Third Party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from use, loss of use, in-ability to use or Website, loss of data, or loss of profits, whether or not Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Services or of any website referenced or linked to from the Services. User solely shall be responsible for all claims and damages resulting from the misuse of the Services by the User.
- Under no circumstances shall company or any of the indemnified parties be liable for any failure or delay in service resulting, directly or indirectly, from any event of force majeure or other reasons beyond our or their control, including, without limitation, acts of god, war, equipment and technical fail we are not responsible or liable for any incompatibility between the website and any other site, service, software, or hardware; or any delay or failure you may experience with any transmission or transaction related to the website. Company shall have no liability and responsibility for any additional expense, omissions, delays, or acts of any government or authority.
- We shall not be responsible for any delay, improper service, standard of service provided by any service provider including but not limited to any of our content or advises given on one-to-one calls, or for any injury, death, loss or damage.
- We shall not be responsible for any act or actions which may result in injury, damage to the life or limb or property of the User, or which may lead to interference in enjoying or availing the services provided herein.
- INDEMNITY.
User agrees to indemnify, keep indemnified, hold harmless, compensate and defend fully, the Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any Third-Party claim, action or demand arising out of any breach by User of any representation, warranty, covenant, obligation or duty of User under this Terms of Service.
- SURVIVAL.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
- CHANGES.
Except, for any provisions determining the primary contractual obligations of User and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon User’s continued use of any of the Services including but not limited to browsing the Website following the posting of revised Terms of Service means that User accepts and agrees to the changes, to the extent permitted by applicable laws.
- ASSIGNMENT.
- We may, in exceptional cases, transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a Third Party (this may happen, for example, if We sell Our business).
- You cannot transfer (assign) your obligations and rights under these Terms of Service (and under the Contract) without Our express written permission.
- If any of the provisions of these Terms of Service are found to be unlawful, invalid or otherwise unenforceable by any Court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Service. The remainder of these Terms of Service shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms of Service means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Service means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory requirements.
- INJUNCTIONS.
User acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause the Company an irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent the User from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law or in equity.
- GOVERNING LAW AND JURISDICTION.
This Policy shall be construed and governed by the laws in India and courts in Mumbai alone shall have exclusive jurisdiction over matters relating to or arising from this Policy.
- NOTICES.
Legal notices may be sent to the Company at moreclarity@ankoornaik.com (if by email), (if by conventional mail). Notices to User may be sent to the email address supplied in User’s account as part of User’s Registration information. In addition, Website Provider may broadcast notices or messages through the Website to inform matters of importance, and such broadcasts shall constitute notice to User to the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Website Provider posts a notice on the Website.
- COMMUNICATIONS.
When User uses Our Website or send emails or other data, information or communication to us, User agrees and understands that User is communicating with Us through electronic records and User consents to receive communications via electronic records from Us periodically and as and when required. We may communicate with the User by email or by such other mode of communication, electronic or otherwise.
- FORCE MAJEURE.
Website Provider will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Website Provider’s reasonable control including, but not limited to, epidemic, pandemic, global pandemic, lockdown, restrictions of law, regulations, orders, or other governmental directives, labour disputes, acts of God, third-party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
- PRIVACY POLICY AND WEBSITE USER POLICY.
User agrees to comply with the then-current Website User Policy and Privacy Policy (collectively, the “Policies” and individually, the “Policy”). Website Provider reserves the right to modify either Policy at any time, and to the extent permitted by applicable law, changes to the Policies are effective immediately upon posting on the Website. User’s continued use of any portion or all, of the Services, following the posting of a revised Policy means that User accepts and agrees to the changes. In the event of an express conflict between the Terms of Service and the terms of the Privacy and User Policies, the Terms of Service will prevail.
- NO THIRD-PARTY BENEFICIARIES.
Any person or entity not a party to these Terms of Service will be deemed to be a Third-Party beneficiary of these Terms of Service or any provision hereof.
- SEVERABILITY.
If any provision of these Terms & Conditions are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permissible in and by law and the remaining provisions of these Terms of Service will remain in full force and effect.
- WAIVER AND AMENDMENT.
If the Website Provider fails to insist upon strict performance of User’s obligations under any of these Terms of Service, or if Website Provider fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve User from compliance with such obligations. No waiver by Website Provider of any default will constitute a waiver of any subsequent default, and no waiver by Website Provider of any of these Terms of Service will be effective unless it is expressly stated to be a waiver and is communicated to User in writing.
- DISPUTE RESOLUTION.
- The Parties shall attempt in good faith to resolve any dispute, difference or claim arising out of or in relation to this Policy through mutual discussion. In case it is not resolved within thirty (30) days from receipt of the written notice (setting out the dispute or claim) by the other party, the complaining party may issue a notice of reference, invoking settlement of such dispute through Arbitration.
- Any and all disputes arising out of or in relation to this Policy between the Parties hereto or arising out of or relating to or in connection with this Policy or the performance or non-performance of the rights and obligations set forth herein or the breach, termination, invalidity or interpretation thereof, shall be referred for arbitration in accordance to the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereof.
- The place and seat of arbitration shall be Mumbai and the language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator to be appointed mutually by both the parties.
- Costs of arbitration shall be borne equally by the both the parties to this Policy.
- The arbitral award issued by such Arbitrator shall be in writing.
- COMPLETE UNDERSTANDING.
These Terms of Service, together with the Website User Policy, Cookie Policy, GDPR Policy and the Privacy Policy, constitute the sole and entire agreement between User and Website Provider with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.
EFFECTIVE DATE: 25th September, 2023