Terms & Conditions – livebeingfit

TERMS OF USE

You understand that this document is an electronic record in terms of the Information Technology Act, 2000, the rules thereunder as applicable and any amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. You further understand that this electronic record is generated by a computer system and does not require any physical or digital signatures for verification.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or use of www.LiveBeingFit.com.

In this document, the words “you”, “your”, “user” and “visitor” refer to each customer, Website visitor, or Application user. The words “we”, “us”, “our” and “LBF” refer to LBF Active Health Private Limited.

OWNERSHIP AND USE

You understand that the domain www.LiveBeingFit.com (from hereon referred to as “site” or “Website”) is owned and operated by LBF Active Health Private Limited, a Company incorporated under the Companies Act, 1956, having its registered office at #1666, Sector 33-D, Chandigarh 160047, India (from hereon referred to as the “Company”).
You further understand that these Terms of Use form the basis of Your “use” of the Website under which the Company offers You any information, dietary and fitness plans, mind-set program and other related Subscription Plans, community forum, questionnaires, downloadable forms, other products and other services (collectively referred to as “Services” from hereon). As long as You comply with these Terms of Use, the Company grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. PLEASE DO NOT USE THE WEBSITE UNLESS YOU AGREE TO THESE TERMS OF USE.
You understand that the term “use” is to be construed very broadly herein, including, but not limited to, searching for a suitable Subscription Plan including but not limited to a dietary plan, or fitness plan or mindset program, viewing the search results, clicking on the Website’s links to browse through the list of resultant options or signing up for a free trial, clicking on the Website’s links to browse through any information, registering on the Website by creating a username and password (login/signup), uploading content, reviewing a service, commenting on the Blog or Community Forum, making a purchase, providing feedback to the Website, viewing and contributing to the various posts published on the Website-run Community Forum, signing up for a subscription or casually browsing through the Website at any time. This will under all circumstances constitute “use” of the Website. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE IS TAKEN AS YOUR ACCEPTANCE TO THESE TERMS OF SERVICE. THEREFORE, PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE IN ANY WAY.
You understand that all right, title and interest in and to the materials and content provided on this Website, including but not limited to information, documents, dietary plan, fitness plan, mindset program, community forum, logos, graphics, flow-charts, sounds, images and videos, (collectively referred to as “Materials” from hereon) are either owned by the Company or other third party. Except as otherwise expressly provided by the Company or applicable third party provider, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the Website shall be construed to confer any license under any of the Company’s intellectual property rights, whether by estoppel, implication, or otherwise. The Company does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Company. Any rights not expressly granted herein are reserved by the Company.

UPDATE

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your use of the Website following the posting of changes will mean that You accept and agree to such revisions.

YOUR OBLIGATIONS UNDER THE INDIAN CONTRACT ACT, 1872

Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not register Yourself as a user on the Website and shall not transact on or use the Website. The Company reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is discovered that You are under the age of 18 years.

NATURE OF INFORMATION / PRODUCTS / SERVICES OFFERED

The Company runs an online portal for users who wish to learn about, through the means of information published on the Website, and/or purchase from the range of health and fitness related subscription plans (“Subscription Plans”) available on the Website. For further clarity, a Subscription Plan means a customized set of instructions and recommendations provided to each customer who opts for a particular Subscription Plan, and released to that customer keeping in mind their basic health condition and fitness level.
A Subscription Plan may include, but is not limited to:

  1. Fitness Plan i.e. referring to a set of exercise instructions through the means of customized audio- visual content and/or through other imagery or text provided to the Customer;
  2. Dietary Plan i.e. referring to a set of meal/diet options and instructions to be followed by the Customer;
  3. Mind-Set Program, i.e. broadly referring to a set of general approach and perception related guidelines, which may be encouraged in the daily routine of the Customer; [ Please confirm.]
  4. Community Forum, which is an open forum being run by the Company and available on its Website, where Customers are able to share experiences, engage in discussions, and voice queries, for the intended benefit of all Customers and community at large.

In addition to the above, the Website also includes general information on common health and fitness related issues. Such information published on the Website is for Your understanding, education and awareness only. It does not, in any way, act or substitute itself as medical advice. So please do not rely on it as medical advice. Should You choose to act on the health information provided on the Website, You may wish to consult a Physician licensed to practice in [India/your jurisdiction] to corroborate the accuracy of the health information published on the Website or Your interpretation of it. Should You rely on the information provided by the Website, You do so at Your own risk and agree to hold the Company harmless in any action at law.

The Company strives to keep all information and content displayed on the Website accurate, current and up-to-date. However, because human health sector can change rapidly, the Company cannot guarantee that all of the information on the Website is complete and current. Human health is a personal matter, and no general information or health-related tool of the type the Company provides You can fit every circumstance. Furthermore, the health-related information contained on the Website is not medical advice. Therefore, if You need medical advice for Your specific problem, or if Your specific problem is too complex to be addressed by Our tools, We recommend that You consult a Physican licensed to practice medicine in India/your jurisdiction.

Without prejudice to anything said above under this Head, even though the Company strives to keep the Website up to date at all times, we disclaim all guarantees and warranties in respect of the accuracy of the information and Subscription Plans obtained by each user. We recommend that You consult a Physician licensed to practice medicine in India/your jurisdiction for advice relating to the health and dietary information. However, in case You wish to rely on the accuracy of the search results provided by the Website, You do so at Your own risk and You agree to hold the Company harmless in any action at law.

THE SUBSCRIPTION PLAN [*Added. Please confirm]

The Subscription Plan is usually a week-wise break-up of the fitness or dietary or mind-set related guidelines issued by the Company to the Customer upon a one-time full and final payment for the complete Subscription Plan. The usual delivery method involves providing the Customers with a set of guidelines only a weekly basis.The Company also provides the Customer with an option to switch a Subscription Plan should the Customer choose to do so for a reasonable cause, however, this option is limited to the first week of the Subscription Plan and cannot be done from the second week onwards.

PHYSICIAN-PATIENT RELATIONSHIP

You agree and understand that the Company is primarily an online health and fitness related portal and does not in any way provide medical diagnosis to You. The services provided by the Company to you are limited to Subscription Plans being bought by You at your sole discretion, and access to the general information floated on the Website, and this does not in any way entail a medical diagnosis of any kind.

Further, you also agree and understand that the Subscription Plans offered through the Website do not form a prescription for medical purposes, and serve only as broad guidelines that encourage and motivate active and healthy lifestyle amongst the Customers. The Subscription Plans are not, by their nature or otherwise, medical products and under no circumstances can they be construed as such. Furthermore, any communication between the Company including its authorized representatives, and You does not lead to a medical diagnosis or issuing of a medical prescription which can only be done by a Registered Medical Practitioner.

You agree and understand that We do not provide medical check-ups and tele-diagnosis of any kind. Any telephone calls, electronic and other forms of communication sent to You from the Company or its authorized representatives are merely to verify your basic health condition, or to solve specific queries related to Subscription Plans raised by You or to accept overall feedback from You and therefore, does not amount to a physician-patient relationship between You and the Company. Therefore, if You need medical advice/diagnosis for Your specific problem, or if Your specific problem is too complex to be addressed by Our tools, We recommend that You consult a Registered Medical Practitioner licensed to practice medicine in India/your jurisdiction.

The Company has an on-board panel of experts, including but not limited to nutrition and fitness. Our experts may receive requests from Customers about that Customer’s specific circumstances or queries. Our experts may provide health, fitness or nutritional information for educational and knowledge purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the Customer to certain third party resources, for which the Company is not liable and neither does this constitute solicitation or advertising of any kind.

LBF Active Health Private Limited and the Website is not a hospital or a physician in itself and therefore, Your communications with the Company does not amount to Physician-Patient relationship as envisaged under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Act, 2002 or any other Medical Professional Ethics regulations prevailing in Your jurisdiction and therefore, no such obligations arise out of the services provided to you by the Company through its Website. Accordingly, Your use of the Website does not create Physician-Patient relationship between You and the Company including its employees, directors and all other officials connected to it.

YOUR OBLIGATION OF REASONABLE CAUTION

You agree and understand that primarily, there subsists upon You, an obligation to exercise due and reasonable caution while undertaking each Subscription Plan, so as not to jeopardise your health and safety while undertaking any of the Subscription Plan. That is, you agree to undertake all necessary precautions while performing the exercise module issued under the Fitness Plan. Further, you also agree and understand that it is your sole responsibility to take due care of any specific food allergies or other dietary conditions while following the Dietary Plan. Furthermore, you also agree and understand that it is your obligation to accept and interpret the mind-set program within reasonable and healthy manner, using your personal discretion at all times while doing so. [*Added. Please confirm]

PRIVACY

We view protection of Your privacy as a very important standard. We understand clearly that You and Your personal and health-related information is one of Our most important assets. Please note that the Company stores and processes Your information including any sensitive personal and health-related information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures. Please refer to Our Privacy Policy for better understanding of the detailed provisions that apply to You during Your use of the Website, which are hereby incorporated by reference.

YOUR CONTACT INFORMATION

You agree and understand that in order to gain access to certain parts of the Website and/or to purchase a Subscription Plan(s) offered on the Website, every Customer (You) has to provide a valid e-mail address, communication address and a mobile number where the Company and its authorised representatives can contact You directly.

When You sign up for an account on the Website, You agree to provide Your genuine/valid e-mail address, communication address and Your mobile number. In case You provide an invalid e-mail address/mobile number (due to oversight or other reason) by way of which You suffer any loss in any manner (including delay/loss of Subscription Plan in part or completely and other incidental loss or consequences), You agree to hold harmless the Company for any such occurrences or related consequences thereof.

By registering Your e-mail address, communication address and mobile number on the Website, You also consent to be contacted by us via email, phone calls and/or SMS notifications.

You further agree and understand that when you send emails to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

THE COMMUNITY FORUM

The Company hosts a Community Forum on its Website which is a free peer-community forum where customers/users may reiterate their experiences, raise queries and seek general information or updates regarding the various Subscription Plans undertaken by all customers. It is clarified here that the objective of the Community Forum is to create a sense of camaraderie amongst the various users of the Website and it serves as a platform where only health-related concerns may be shared and discussed. Please refer to our [Community Forum User Guidelines – to be renamed] for detailed overview of all rights and liabilities accruing from your act of viewing and using the Community Forum.

Without prejudice to anything said in the [Community Forum User Guidelines– to be renamed], You agree and understand that while the Company and its authorized representatives closely monitor the Community Forum discussions, however since its content is not authored or generated by the Company, the Company disclaims any and all liability for any comments, postings, or other material provided by users of the Website or the Community Forum. The Company reserves the right to restrict publishing certain content wholly or in part, at its sole discretion, and without assigning any reasons therewith.

You also agree and understand that all the content on the Community Forum is owned by the specific users/customers from whom it originates, and the Company does not own any of the content published on the Community Forum. Further, the Company makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of the Community Forum or the Website. Furthermore, by using the Community Forum, You explicitly agree to disclaim and hold harmless the Company from any and all liability which may arise from Your use of the Community Forum. Users are encouraged to talk directly with a registered medical practitioner to address their particular medical questions.

You further agree and understand that the comments posted on any section of the Website including the Community Forum and Blog, through its authorized representatives and experts are merely for guidance and education purposes and do not amount to medical information and/or medical advise, and cannot, in any manner, be construed as such. [*Added. Please confirm]

It is illegal to submit offensive, defamatory and otherwise derogatory material for publishing on the Community Forum and this can lead to criminal legal action and/or other modes of penalty such as removal of offensive materials, suspension or termination of user account etc, being imposed against the user from whom such material originates. In this regard, the Company may send you warning letter(s) or legal notice via registered post, or through email, which shall be interpreted as authorized communication. For a detailed description of what may be construed as such content, and all actions and liabilities arising from publishing or attempt to publish such content, please read the [Community Forum User Guidelines] and “Terms of Use Under the IT Act” head contained in these Terms of Use.

THE BLOG

The Blog section of the Website is a free peer-community forum. The Company disclaims any and all liability for any comments, postings, or other material provided by users of the Website or the Blog. The Company makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of the Blog or the Website. Furthermore, by using the Blog, You explicitly agree to disclaim and hold harmless the Company from any and all liability which may arise from Your use of the Blog. Users are encouraged to talk directly with a registered medical practitioner to address their particular medical questions.

PROMOTIONAL LINKS

For promotional purpose, the Company uses various marketing tools, including social media marketing and other viable fora. Please note and understand that these sections of the Website or third-party links displayed on the Website for promotional purpose are free peer-community forums. The Company disclaims any and all liability for any comments, postings, or other material provided by users of the Website or the users of other social media links. The Company makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of the third party links or the Website. Furthermore, by using the Website and such other links as forming part of social media and promotions, You explicitly agree to disclaim and hold harmless the Company from any and all liability which may arise from Your use of Website and other such promotional links.

LIMITATION OF LIABILITY

You agree and understand that each Subscription Plan that is provided to you is derived from an automatic computer-generated system which evaluates suitable options based on the health received from you. In case you suffer any loss, injury, or damage, including mental, physical or emotional hurt arising due to the use of the Subscription Plan, whether directly or indirectly, or resulting from any prior medical conditions, bodily difficulties, pre-existing allergies, existential or mind-set, attitude, mental health, situational, behavioural or personality issues, the Company hereby limits its liability to the fullest extent and you agree to not hold the Company or its representatives liable for such damages, whether direct or consequential.

Decisions based on information contained in the Website are solely your responsibility and at your sole risk. Any informational materials provided on the Website, including but not limited to, the opinions and/or recommendations of the Company or its authorised representatives, are not intended to substitute for any professional, educational, medical, legal, psychiatric, employment or other advice.

In no event shall the Company, its officers, directors, employees, or agents be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use the Website or materials available from the Website, even if the Company has been previously advised of the possibility of such damage.

Notwithstanding, if there is liability found on the part of the Company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages – [Please confirm]

DISCLAIMER OF GUARANTEE

The Website, all materials made available through it as well as the products and services as well as the price offered for those services are provided to You on an “as is” and “as available” basis without any representations, warranties and guarantees attached to them regarding their availability, accurateness, timeliness or completeness. To the fullest extent possible, the Company disclaims all responsibility, liability, warranties of any kind and, whether express or implied, including, but not limited to, the accuracy of information and services made available according to Your particular needs, the denial of Subscription Plans ordered by You using the Website, for any reason stated or not stated by the Company or its authorised representatives, employees, directors and other officials.

The Company makes no warranty that: (a) the Website, materials contained therein, applications, products and services offered by it will meet Your requirements; (b) the Website, materials contained therein, applications, products and services offered by it will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the Website, materials contained therein, applications, products and services offered by it, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by You through the Website, applications, or in reliance on the materials will meet Your expectations.

Obtaining any materials through the use of the Website or applications is done at Your own discretion and at Your own risk. The Company shall have no responsibility for any damage to Your computer system or loss of data that results from the download of any content, materials, information or software through the Website.

Without prejudice to anything contained in these Terms of Use, the Company reserves the right to modify or discontinue, temporarily or permanently, the site or your access to the site (or any part thereof) with or without notice at any time. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site. You agree that the Company, in its sole discretion, may terminate your password, or account, and remove and discard any content within the site, for any reason, including without limitation lack of use or violation of the letter or spirit of these Terms of Use.

INDEMNITY

You agree to release, indemnify and hold the Company and its representatives, officers, employees, directors, consultants and other agents harmless from any and all kinds of losses, damages, expenses, claims, rights and actions arising out of or in any way connected with either Your access to or use of the Website, materials contained therein, applications, products and services offered by it or any third party claims relating to Your breach of these Terms of Use or violation of any rights of a third party.

CANCELLATION AND REFUNDS

In line with its policy of outstanding customer service, the Company offers you a reasonable and effective cancellation policy. Refunds will be provided on a pro-rata basis depending upon the week of the current Subscription Plan during which the cancellation request is received by the Company. Cancellation request received within a week will be treated as having been received after the completion of the particular week and refund will be calculated accordingly. Separately, a cancellation fee @ [X]% of the total fee is charged to process each cancellation request.

INTELLECTUAL PROPERTY RIGHTS

The Company provides a platform for common people to access and buy fitness and health related customised plans, i.e., Subscription Plans as defined above. The relevant Subscription Plans, content displayed therein as a result of searches conducted by the Website, and promotional / advertisement related third-party links displayed on the Website, are trademarks/servicemarks/copyright etc. owned by the Company and respective third parties. Further, the listing of promotional/ advertisement related third-party links appearing on the Website does not certify any connection between the owner of these promotional links and the Company. You are, therefore, required to obey the intellectual property rights of the Company and other relevant third party while using the Website. You agree to abide by all laws regarding use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by Your use of the Website.

Furthermore, all the content displayed on every web page of the Website are the intellectual property of the Company including, but not limited to, illustrations, images, logos, graphics, algorithms, information, audio and visual content, downloadable material such as forms, questionnaires, health history, etc. and are protected by the relevant intellectual property laws. You agree to obey the law and respect the intellectual property of the Company while accessing, downloading and otherwise availing the services made available to You through the Website.
You agree not to copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly.

You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create any derivative works based on the service or the content You access on the Website, in whole or in part.

LIMITED PERMISSION TO DOWNLOAD

You have the permission to download, view, copy and print the materials available on the Website on any single, stand-alone computer solely for Your personal, informational, educational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any content/material not be altered or removed, (ii) the content/material is not used on any other Website or in a networked computer environment and (iii) the content/material is not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if You breach any of the terms stipulated in these Terms of Use.

AGREEMENT FOR BINDING ARBITRATION

Generally, transactions are conducted smoothly on www.LiveBeingFit.com. However, if any dispute arises between You and LBF Active Health Private Limited (the “Company”) during Your use of the Website or in connection with the validity, interpretation, implementation or in case of alleged breach of any provision of the Terms of Use, then You and the Company hereby agree to notify each other of the situation within a reasonable time frame not extending fifteen days from the date of origin of cause of action. Both the parties will then endeavor to resolve any disagreements in a fair and amicable manner. Until a reasonable effort has been made by both sides to resolve the disagreement, both parties will be barred to seek arbitration as per below.

If however, the dispute does not stand resolved through mediation, then You and the Company both hereby agree that all disputes or claims between You and the Company of any nature whatsoever, including, but not limited to those relating to use of the Website or the quality or appropriateness of services offered by the Company and Website, shall be resolved by binding arbitration. Therefore, both the user and Company hereby mutually disclaim all rights to approach a court of general jurisdiction at any point in time, except for situations listed under The Arbitration & Conciliation Act, 1996.

A Sole Arbitrator will conduct the Arbitration, as appointed by the Company. The place of arbitration shall exclusively be Chandigarh. The Arbitration & Conciliation Act, 1996 shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The governing law for the arbitration proceedings will be the applicable laws of India. Each party will bear its own costs as to its representation before the arbitration bench.

In the event that the arbitration proceedings break down or there is any dispute as to the impartiality of the Arbitrator or any violation of the principle of natural justice or a disagreement relating to other matters listed under The Arbitration & Conciliation Act, 1996, You and the Company agree that any and all legal action shall be instituted in the courts of Chandigarh, India only. You will also be bound to keep the decision of the binding arbitration confidential. Along with the decision, the documents submitted, arguments made and any conversations relating to or made during the course of arbitration shall also be held in confidence by both parties.

GENERAL TERMS

These Terms of Use constitute the entire agreement between you and the Company, and governs your use of the Website; and supersedes any prior version of these Terms of Use between you and the Company with respect to the Website.

Should the Company choose not to exercise or enforce any of its right or provision provided under these Terms of Use; such an omission, whether deliberate or otherwise shall not constitute a waiver or relinquishment to any extent of the Company’s right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.

If any provision(s) of these Terms of Use is found by the arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue to remain in full force and effect, and such provision may be modified or severed from these Terms of Use to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms of Use.

You may not assign or otherwise transfer any of your or our obligations under the Terms of Use without prior written approval of the Company or its authorized representative. Any purported assignment in violation of these Terms of Use shall be void ab initio. Further, the Company reserves the right to use third party providers in the provision of the Website and related products or services or other Materials associated therewith. FURTHERMORE, ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE COMPANY.

Except where otherwise specified, the Company may deliver notice(s) to you by means of electronic mail upon the email address provided by You, or by means of a general notice displayed on the Website or any by other reliable method such as registered postal services, etc.

Should you have any queries or concerns about these Terms of Use or any provision thereof, please contact us on <Support@LiveBeingFit.com>.

GOVERNING LAW

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India.

GREIVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
[Please insert revelant details]

___________

___________

___________

TERMS OF USE UNDER THE IT ACT

As a part of using the Website, You may be able to put content on the Website including, but not limited to, answering questionnaires, filling forms, uploading textual, audio or visual content, reviewing a service, providing feedback to the Website.

You agree and understand that the Company may at any time, without any restriction and in its sole discretion, edit, copy, publish, distribute, translate and otherwise use in any medium any such content that you forward to the Company through any medium. The Company is and shall be under no obligation (1) to maintain any such content in confidence; (2) to pay compensation for any content received; or (3) to respond to any content.

You agree, undertake and confirm that Your use of the Website, whether while posting user content or otherwise accessing the Website in any way shall be strictly governed by the following binding principles, along with the Terms and Conditions which these Terms of Use Under the IT Act are a part:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • (a).
    belongs to another person and to which You do not have any right to;
  • (b).
    is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • (c).
    is false, inaccurate or misleading in any way;
  • (d).
    is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • (e).
    harasses or advocates harassment of another person;
  • (f).
    involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • (g).
    promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • (h).
    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];
  • (i).
    promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • (j).
    contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • (k).
    provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • (l).
    provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • (m).
    contains video, photographs, or images of another person (with a minor or an adult).
  • (n).
    tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • (o).
    engages in commercial activities and/or sales without the prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use section, the Company’s prior written consent means a communication coming from the Company’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
  • (p).
    solicits gambling or engages in any gambling activity which we, in Our sole discretion, believe is or could be construed as being illegal;
  • (q).
    interferes with another User’s use and enjoyment of the Website or any other individual’s Use and enjoyment of similar services;
  • (r).
    refers to any Website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other Website, contains content thatwould be prohibited or violates the letter or spirit of these Terms of Use.
  • (s).
    harms minors in any way;
  • (t).
    infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent orinvolve the sale of counterfeit or stolen products;
  • (u).
    violates any law for the time being in force;
  • (v).
    deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • (w).
    impersonate another person;
  • (x).
    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • (y).
    threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • (z).
    shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(aa) shall not create liability for us or cause us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

  1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
  2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
  3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company on any platform or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks, or any systems or networks connected to the Company.
  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  7. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and / or others.
  8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law at the time in force.
  9. You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information.
  10. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to,products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to any person via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Our prior explicit consent. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or a police complaint. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes.
  11. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
  12. The Company shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

You understand that in case of non-compliance by You of any rules and regulations governing these Terms of Use (including, but not limited to the laws and regulations stipulated in paragraph 9 of this Head), Privacy Policy as stipulated within these Terms of Use, and these Terms of Use as a whole, the Company reserves the right to terminate Your access or right to use the Website and any part of it without any notice.

LINKS TO THIRD PARTY WEBSITES

The Company does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to or third party Websites using Website’s APIs or otherwise displayed on the Website, whether as advertisements, promotions or otherwise. In addition, the Website may provide links to the third party Websites of Our affiliated companies and certain other businesses for which the Company assumes no responsibility for examining or evaluating the products and services offered by them. The Company does not warrant the offerings of any of these businesses or individuals or the content of such third party Website(s). The Company does not endorse, in any way, any third party Website(s) or content thereof.