fbpx

TERMS OF USE

These Terms of Use (“Terms”) govern the use and access to the content (“Content”) published on the website, www.SmritiGoel.com (referred as “Website”), owned and operated by sole proprietor Ms. Smriti Goel (the “Proprietor”). By accessing the Content, you (“Users” or “You”) agree to comply with and be bound by these Terms. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing or browsing  the Website, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. However, if You navigate away from the Website to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such an event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website. Please read these Terms carefully as well as the Privacy Policy which is incorporated herein by reference. 

By accessing or using any part of the Website, the User states and confirms to have read, understood and agreed to these Terms, as amended by the Sole Proprietor from time to time at its sole discretion. In the event a User does not agree to any or all of the provisions of these Terms, without modification, such User is requested to not use and access the Website. Users are expected to review the Terms periodically to ensure that they are aware of all changes or amendments made hereto. User’s continued access or use of the Website following any alteration to the Terms constitutes the User’s acceptance of those alterations or modifications of the same.

  1. Services.

The Sole Proprietor through the Website provides the following services to the Users (collectively referred to as the “Services”):

  1. 1 Provides information regarding various programs for personal empowerment to the Users; and
  1. 2. Enable the Users to attend webinars online for free of cost.
  1. Source Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sound recordings, video recordings, artwork and computer code (collectively, “Source Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Source Content, contained on the Website is owned, controlled or licensed by or to the Sole Proprietor or its licensors, and is protected by the applicable laws. Content on the Website such as the synopsis, cast, crew, reviews, previews, themes, wallpapers, stills, screensaver, photographs, animation, data, information, database, design, games, interactive content, trailers, making, images, and any text, images, messages, newsletters, music, audio, video or its derivative, with or without sound, audio clips from sound recordings, created or collated by the Sole Proprietor from the Source Content, may be granted by the Sole Proprietor to You for personal and non-commercial use strictly in accordance with these Terms and the end user license agreement.

  1. License

The Sole Proprietor grants the User a non-exclusive, revocable, non-transferable and limited license to access the Content on his/her/its personal device, as made available through the Website. The Sole Proprietor may, from time to time, update or modify features of the Website, release new versions or create new modules related thereto, each of which may, at its discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to the Website for a particular Use.

  1. Intellectual Property Rights

It is hereby specifically recorded that the Source Content and the Content available on the Website is the sole and exclusive property of the Sole Proprietor and/or its licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of these Terms shall mean all intellectual and industrial property rights including without limitation, trademarks, service marks, trade names, trade dress, copyrights, rights of attribution and authorship, inventions whether patentable or not, technical information, mask work rights, moral rights, patents, rights of inventorship, all applications, renewals, extensions, continuations, divisions, reissues or registrations thereof in connection with any of the above; database rights, know-how, trade secrets, rights of publicity, privacy and/or defamation, rights under unfair competition and unfair trade practice laws, anywhere in the world.  You shall promptly notify the Sole Proprietor in writing upon Your discovery of any unauthorized use or infringement of the Content and/or the Source Content, or the Sole Proprietor’s patent, copyright, trade secret, trademarks or other Intellectual Property Rights.

  1. Eligibility
  1. 1 You are eligible to access the Content and Source Content in the Website, if and only, You comply with the following conditions:
  • You have completed the legal age and/or You have completed such age as specified in the Content restriction;
  • You are eligible to enter into a legally binding contract; and
  • You are not barred from entering into a contract by any applicable law for the time being in force.
  1. 2 You further represent and warrant that:
    • You have the right, authority, and capacity to enter into these Terms.
    • You are neither a competitor of the Sole Proprietor nor accessing the Source Content and the Content for reasons that are in competition with the services of the Sole Proprietor;
    • Your access to the Content does not violate any applicable law; and
    • You will not directly or indirectly, copy, reproduce, and modify the Content or Source Content in any manner for any reason whatsoever.
  1. Privacy

The Sole Proprietor respects the privacy of Users and has accordingly formulated a Privacy Policy (“Policy”), in compliance with the applicable laws. The use of any personally identifiable information (“Personal Information”) shall be governed by such Policy and any amendment from time to time.

  1. Third Party Links

The Website may include links to other websites or applications that are not owned or operated by the Sole Proprietor. The Sole Proprietor does not have any control over these third-party websites or applications (the “Third-Party Links”) and is not responsible for any information, functionality, or content accessed through the Third-Party Links. Furthermore, Third Party Links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of the Sole Proprietor. The Users are responsible for taking the necessary precautions to protect themselves and their mobile devices, computer and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such Third-Party Links. The Sole Proprietor disclaims any responsibility for any harm resulting from a User’s access or use of these Third-Party Links.

  1. Restrictions on Use.
  1. 1. Users shall not use the Content published on the Website:
  1. for any unlawful purpose or in violation of any applicable laws; or
    • in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others; or
    • post any content that is defamatory, libelous, obscene, threatening, abusive or is offensive to other Users, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
    • post any content that is false or misleading; or that harasses or advocates harassment of another person.
  1. Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:
    • accessing data not intended for such User or logging into a server which the User is not authorized to access;
    • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    • attempting to interfere with services to any User, host or network, including without limitation, submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or
    • transmitting any viruses, worms, defects, bugs, Trojan horses or other items of a destructive nature;
    • removing any copyright, trademark or other proprietary notices from any portion of the Website;
    • reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploit the Website except as expressly permitted by the Sole Proprietor;
    • decompiling, reverse engineering or disassembling the Website except as may be permitted by applicable law;
    • linking to, mirroring or framing any portion of the Content;
    • reformatting any portion of the pages that are part of the Website;
    • accessing the Website through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built-into the Website;
    • causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website;
    • attempting to gain unauthorized access to or impairing any aspect of the Website or its related systems or networks;
    • infringing any intellectual property or other proprietary rights of any third party;
    • copying or using the information, content or data of others available on the Website (except as expressly authorized); and
    • overriding any security feature of the Website.

Further, violations of system or network security may result in civil or criminal liability.

  1. Remedies.
  1. User understands and agrees that the Sole Proprietor may review any content on the Website, and in case the Sole Proprietor finds, in its sole discretion, that the User has violated any of these Terms (especially Clause 9), the Sole Proprietor reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or content from the Website.
  2. The Sole Proprietor shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
  3. In order to ensure a safe and effective experience for all the Users, Sole Proprietor reserves the right to limit the amount of data that may be accessed by them in any given time period. These limits may be amended at the Sole Proprietor’s sole discretion from time to time.
  4. The User acknowledges that in no event shall Sole Proprietor be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of any User or anyone else in connection with the use of the Website.
  1. General Content Considerations
  1. System Requirements. Access to the Content requires a compatible device, internet access, and certain software, and may require obtaining updates or upgrades from time to time. Since access to the Content involves hardware, software, and internet access, Your ability to access the Content may be affected by these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
  2. Content Availability. The Sole Proprietor reserves the right to change, suspend, remove, or disable access to the Content, in whole or in part, at any time without notice for any reason or no reason at all, and in no event shall the Sole Proprietor be liable for any claims, costs, or damages caused by or arising out of such actions. Without limiting the generality of the foregoing, Content provided on the Website may be subject to agreements between the Sole Proprietor and Content providers under which the Content providers license certain specific rights related to the Content. These agreements may require the Sole Proprietor to black-out and restrict the availability and Your access to certain Content for periods of time determined by the Sole Proprietor and the Content providers.
  3. Content Quality. The quality of the Content may vary from device to device and may be affected by a variety of factors, such as Your location, the bandwidth available through and/or speed of Your internet connection and/or the definition You selected for Your Content. The Sole Proprietor makes no representations or warranties about the quality of the Content. In order to access Content, Your device must meet certain system requirements, which may include but not be limited to having high speed internet access. You are responsible for any and all internet access and data transmission charges. Please check with Your internet provider for information on possible internet data usage charges.
  1. Term and Termination
  1. Any licenses contained in this Terms will terminate automatically without notice if you fail to comply with any provision of this Terms.
  2. The Sole Proprietor further reserves the right to terminate this Terms for any or no reason and at any time without any liability to You.
  3. You may also terminate this Terms for any or no reason and at any time. Upon such termination for any reason, You shall cease to have access to the Website.
  4. The Sole Proprietor will not be liable for any costs, expenses, or damages as a result of the termination of these Terms.
  1. Limitation of Liability.

This limitation of liability is part of the basis of the bargain between you and the sole proprietor and shall apply to all claims of liability whether direct, indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement or your use of the website or due to specifications, content, or  services provided by the sole proprietor, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not you have been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed its essential purpose.

13. Indemnification.

If anyone brings a claim against the Sole Proprietor related to Your actions, You will indemnify and hold the Sole Proprietor and its affiliates harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Sole Proprietor shall also have the right to hold You or such other person liable for the damages, losses and expenses which the Sole Proprietor may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Sole Proprietor provides rules for Your conduct, the Sole Proprietor does not control or direct Your actions on the Website and is not responsible for any of Your actions in using the Website. The Sole Proprietor is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Website. The Sole Proprietor is not responsible for the conduct, whether online or offline, of You.

  1. Additions and Alterations to Terms of Use

The Sole Proprietor reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting. The Sole Proprietor will inform You of such additions/alterations through notices posted on the Website, or through other means available. These additions/alterations will not apply retrospectively and will become effective from the date they are posted on The Website.

  1. Governing Law, Jurisdiction and Dispute Resolution.

These Terms shall be governed by, interpreted and construed in accordance with the laws of Republic of India. User will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law at Hyderabad, Telangana. 

If anyone brings a claim against the Sole Proprietor related to Your actions, You will indemnify and hold the Sole Proprietor harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Sole Proprietor shall also have the right to hold You or such other person liable for the damages, losses and expenses which the Sole Proprietor may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Sole Proprietor provides rules for Your conduct, the Sole Proprietor does not control or direct Your actions on the Website and is not responsible for any of Your actions accessing the Content. The Sole Proprietor is not and shall not be responsible for Your conduct, whether online or offline, in the dealings with or facilitated by the Website and the Sole Proprietor.

  1. Miscellaneous.
  1. These Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the remaining Terms, which shall remain in full force and effect.
  2. No waiver of any breach or default of these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms should not be used for any interpretative purposes as these are for mere convenience of the User.
  3. All of the Sole Proprietor’s rights and obligations under these Terms are freely assignable by the Sole Proprietor in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  4. The Sole Proprietor reserves the right to research and publish general user behavior categorized at its discretion.
  5. By using the Website and these Terms, You agree to receive account and feature e-mails, calls and messages from the Sole Proprietor.
  6. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Sole Proprietor for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, the Website may allow authorized third parties to place or recognize a unique cookie on the Your browser. The Sole Proprietor does not store personally identifiable information in the cookies.