WEBSITE USER POLICY

This User Policy (“this Policy”) sets out the terms between you and us under which you may access our Website at www.ankoornaik.com (hereinafter referred to as “Website”). This User Policy applies to all Users and visitors of Our Website. 

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Before using Our Website, procuring our services, the User shall read and understand this User Policy. User’s continued use of Our Website shall be deemed to mean that User accepts and agrees to abide by, all the policies of the Website including but not limited to this Policy, which supplements our Terms of Service (client to insert link here) as a binding document that governs User's transactions/relationship with Us. If the User does not agree with any part of this Policy, then the User must not avail our services. To be able to use our Website, if an individual, User shall register himself/herself on our Website as specified in the terms herein. There is no specific age criteria for users to register on our Website. However, a person who has not attained legal age (of 18 years or any other age of majority as per the country of residence of the User) shall be registered under the guidance of a parent or guardian of such User who is underage. However, such age criteria shall not be applicable to User if User represents an organization or any artificial person (legal entity).

www.ankoornaik.com is a Website is owned, operated and maintained by a sole proprietary concern owned by Mr. Ankoor Naik (“We” or “Us”).

1. User Registration

1. User is required to register and set up an account for accessing / downloading products sold by the Website including but not limited to content, data, audio and/or video content, PDF files, course materials, one-to-one counselling phone-calls etc. as available on our Website by entering his/her following mandatory personal details to sign up for an account on Our Website: full name, email address, age / date of birth, mobile number, location, social media links, profession or any other digital personal data as may be notified to the User as and by way of updation to the Website. Upon the User providing personal data for registration, our Website may prompt the User / ask User for the verification of the information provided by the User like email address and/or mobile number etc. and hence, it is advisable for the User to provide valid information and upon creating the User Account. Our Website will set-up an account upon verification of the email address and mobile number or verification of any other necessary data provided by the User. 
2. Our Website can be used and accessed by anyone who is 13 years and/or above the age of 13 years. If the User who intends to use our Website is 13 years or older but under the age of 18, or the legal age of majority in the jurisdiction of the country the User resides in (if that jurisdiction has an older age of majority), such User agrees and undertakes to review this Privacy Policy with his/her parent or guardian to ensure that both the minor User and such minor User’s parent or guardian understand this Privacy Policy. Such User further agrees to have his/her parent or guardian review and accept this Privacy Policy for and on behalf of the minor User.
3. Post such registration on our Website, a User can choose from the rage of products available on our Website and in the event any User who may wish to purchase any content, audio and/or video content, PDF files, one-to-one counselling phone-calls or any other services then such, hall be directed to a third-party payment gateway site wherein the User shall be required to share his/her credit card details, debit card details, bank account details (as the case may be) at the time of purchase of any products, content or any other services from Our Website.
4. User can create only one User Account with a single email address and mobile number and such account shall not be permitted to transfer or interchanged with any other person or other user. 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 a User’s Account on Our Website.

2. Violation of content available:

All the content available on and/or through Our Website for sale or otherwise for usage or as a part of our Website’s services, including but not limited to audio, videos, images, text, graphics, logos, icons, images, PDFs, audio and/or video clips, digital downloads, data compilations and such similar content ("Content") is protected by and under applicable intellectual property laws, treaties, conventions applicable for the time being in force. The Content available on our Website is Our exclusive property and User is not allowed to use/exploit this Content for any other purpose, except as specified herein. Except as expressly provided in the Terms of Service, no part of Our Website shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, shared, exchanged, sold, resold, transmitted or distributed, in whole or in part or in any way duplicated, copied, reproduced (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise for any purpose without the Our prior written consent in that regard, in each instance.

User will be granted a limited, non-exclusive, revocable, non-transferable and non-sublicense-able right to access our Website and/or our Products purchased by the User from Our Website. Our Website does not grant any of its User any right, title, interest, license or authority to utilize or replicate / reproduce such Content, proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.

3. Prohibited uses:

User may use Our Website only for lawful purposes. User represents, warrants and undertakes to not use Our Website:

• In any way that breaches any applicable local, national or international law, rule or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To hack and/or enter into without lawful means to any portion of Our Website;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
• To make any derivative use of the Website or content for benefit of any other person;
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. 

User also agrees:

• To not reproduce, duplicate, copy or re-sell any part of Our Website in contravention of the provisions of our Terms of Service.
• To not access without authority, interfere with, damage or disrupt:

• Any part of Our Website including any other user’s account Yours and/or access any vendor’s account;
• Any server/cloud/equipment/network on which Our Website is stored;
• Any software used in the provision of Our Website; or
• Any equipment or network or software owned or used by any third party.

• Access to any features of Our Website viz. may only be available to registered User(s) or any other subscribed version of Our Website. The process of registration, shall require User to answer certain question/s or provide certain information that may or may not be personal in nature. Some of such fields may be mandatory or optional. User represents and warrants that all information provided to Us while at the time of User registration and/or otherwise is true, accurate and up-to date. User shall provide true, accurate and up-to date information to be able to register on Our Website and the same shall be as under:

1. First and Last name;
2. E-mail Id;
3. Age / Date of Birth;
4. Mobile Number;
5. Company Name, if any;
6. Location / City;
7. Social Media Links;
8. Profession Details;

The registration page may prompt to send a One-Time Password (OTP) to the email ID / mobile number provided by User to verify the same and to set a password if the correct OTP is entered which shall enable the User to access Our Website.

4. Suspension and termination:

We will determine, in our discretion, whether there has been a breach of this User Policy through your use of Our Website. When a breach of this Policy has occurred, We may take such action as We deem appropriate.

Upon acceptance of Terms of Service (Client to insert link) User is permitted to use Our Website as per this Policy and as per the terms and conditions more particularly stated therein. Failure to comply with this Policy shall constitute a material breach of the Terms of Service. Breach of any of the terms or conditions of the Terms of Service may result in Us taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of Your right to use our Website.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
• Issue of a notice of warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited and we may take any other action we reasonably deem appropriate.

5. User Account and User Content

1. User agrees that User will be solely responsible for any and all User Content that User posts or submit on Our Website and for the User Account created using Our Website. Specifically, you agree, represent and warrant that you have the right to create or post the User Content and/or User Account and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, as detailed in clause 6 hereinbelow.
2. User agrees that User will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under clause 3 hereinabove. User will be responsible for any loss or damage suffered by Us as a result of such breach.
3. User will retain ownership of User Content and User Account and all intellectual property rights subsisting therein (except to the extent that a User Account incorporates Content belonging to Us (including, but not limited to, that forming part of Our Website). 
4. We shall provide our Users with a consent form to provide Us with the User’s written consent for usage of such content posted or submitted by Users on our Website. User agrees that after providing such unconditional and free consent in writing while creating, uploading or submitting User Content and/or User Account, User grants Us an unconditional, exclusive, fully transferable and assignable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the same for the purposes of operating [and promoting] Our Website.
5. If User wishes to remove/delete any or all of the User Content or User Account, User may do so by notifying us by contacting Us with their intention to remove their content or account along with intention to withdraw their consent for usage of their personal data, digital data or any other content posted or submitted by them. Removing/deleting any or all of User Content and User Account also revokes the licence granted to Us to use the same. User acknowledges, however, that caching or references to the User Content and/or User Account may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6. We may reject, reclassify, or remove any User Content and/or User Account created or uploaded using Our Website where, in Our sole opinion, such User Content or User Account violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content or User Account in question should be removed as a result.
7. We respect the intellectual property rights of others. If a User notices any act of infringement on Our Website, User is requested to send us a written notice/intimation which must include the following information:

1. Clear identification of such copyrighted work that User claims to be infringed;
2. Location of the material on our Website, including but not limited to the link; of the infringing material;
3. The proof that the alleged copyrighted work is owned by User or such other person not related to us;
4. User’s Contact information.

6. Acceptable Usage Policy

1. User may only use Our Website in a manner that is lawful and that complies with the provisions of this clause. Specifically:

1. User must ensure that User complies fully with any and all applicable local, national and international laws and/or regulations;
2. User must not impersonate any other person;
3. User shall furnish only such information to Us that belongs to the User himself or its authenticity can be verified, notwithstanding User’s right to correction or erasure of information;
4. User must not supress any material information while interacting with Our Website or registering on Our Website or while purchasing our Products;
5. User must not use Our Website in any way, or for any purpose, that is unlawful or fraudulent;
6. User must not register a false or frivolous grievance or complaint with Us or with Data Protection Board of India;
7. User must not use Our Website for unauthorised mass-communications, commonly referred to as “spam” or “junk mail”;
8. User must not use Our Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
9. User must not use Our Website in any way, or for any purpose, that is intended to harm any person or persons in any way.

1. The following types of content is not permitted to be posted / hosted / uploaded / embedded on our Website and User must not create, submit, communicate, link to, or otherwise do anything that:

1. is sexually explicit;
2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
3. promotes violence;
4. promotes or assists in any form of unlawful activity;
5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7. is calculated or otherwise likely to deceive;
8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-clause);
10. implies any form of affiliation with Us where none exists;
11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade-marks and database rights) of any other party; or
12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidentiality.

1. We reserve the right to suspend or terminate any User Account, the availability of, and/or User’s access to Our Website if a User materially breaches the provisions of this clause or any of the other provisions of Terms of Service. Specifically, We may take one or more of the following actions:

1. Suspend, whether temporarily or permanently, that User Account and/or User’s right to access Our Website;
2. Remove any of User Content (or any part thereof) which violates this Acceptable Usage Policy;
3. Issue to User a written warning;
4. Take legal proceedings against User for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
5. Take further legal action against you as appropriate;
6. Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
7. Any other actions which We deem reasonably appropriate (and lawful).

1. We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that we may take in response to breach of this Policy.

7. Issues with Our Website and Consumers’ Legal Rights:

If a User has any questions, grievances or complaints regarding Our Website or any other aspect of Our Website / Our Service, please email Us at ___________ or by using any of the methods provided on Our contact page at www.ankoornaik.com 

8. Changes to this Policy:

We may revise this Policy at any time by amending this page. User is advised and expected to check this page from time to time to take notice of any changes We make, as they shall be legally binding on User upon continued usage of Our Website by the User. Some of the provisions contained in this Policy may also be superseded by and/or be read in conjunction with provisions or notices published elsewhere on Our Website.

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Effective Date: 25th September, 2023