TERMS & CONDITIONS OF USE
Last updated date: 31.05.2020
Welcome to the beginning of your personal journey to freedom!
These Terms govern your use of the reflection, relaxation and self -improvement services on the website located at https://www.freedomguru.com/terms-of-use (the “Website”) and our digital device application as available on the Apple App Store, Google Play store and/or via other delivery methods including all related players, widgets, tools, functionalities, applications, data, software, application program interface (APIs) and other services provided by the Company (the “App”). So that these Terms appear as a reader-friendly document, the App, the Website, and our social media handles shall collectively be referred to as “Services”.
These Terms are important because they:
- Outline your legal rights and obligations vis-à-vis Freedom Guru;
- Explain the rights you give to us when you use Freedom Guru;
- Describe the rules Users need to follow while using the Services;
- Contain an agreement on how to resolve any disputes that may arise;
- Explain the specific terms upon which you may use the Services.
Please note that Freedom Guru offers limited use of the Services to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By accepting these Terms, you are expressly electing to use and access the Services. You also promise that any information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times. Furthermore, Freedom Guru accepts no liability in relation to a violation of these Terms by you.
If you do not agree to all the terms and conditions herein, then you are not permitted to access and/or use any of the Services. These Terms, together with any other terms that you may agree to, including, the Subscription Model and its corresponding fees, and other terms that may be notified to you or updated on the Services, from time to time, constitute a legally binding agreement (the “Agreement”) between you and the Company, in relation to your use of the Services. Any reference to the term Agreement in these Terms shall also be a reference to the Terms. Please also note that as (and subject to the limitations) stated in Section 20 below, this Agreement shall strictly be construed and interpreted in accordance with the laws of India, and subject to Section 19 below (Arbitration), the Courts of Mumbai, India shall have exclusive jurisdiction over any disputes arising from the Agreement or your use of the Services.
1. ACCEPTANCE OF THE TERMS
Please read the Agreement very carefully. By accessing or using the Services and/or making an Account (as defined below) and/or by viewing and/or accessing any Services, you represent that you have read the Agreement and agree to be bound by the same and all terms incorporated by reference. If you do not agree with all of the use requirements and restrictions described herein, you shall not use or be entitled to use and/or access the Services.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept the terms and conditions set forth in the Agreement on such entity’s behalf, and that such entity agrees to indemnify you and the Company for any violations of the Agreement. By agreeing to the Agreement, you also agree to such other policies as may be established or introduced by the Company from time to time.
You are required to review the Agreement thoroughly and verify whether the Agreement is complete, prior to using our Services. Should you at any point find the Agreement to contain an error, you are required to communicate with us in writing at the address provided in Section 25 of these Terms.
2. AGE REQUIREMENTS/ELIGIBILITY
In order to access the Services, you must (1) meet the legal age requirements in the respective country you are intending to use the Services from, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Services are available.
3. ENJOYING FREEDOM GURU
The Services as offered through the App and the Website by Freedom Guru, aim to help you create and live an extraordinary life, by taking you through an interactive and immersive self-realization journey of guided reflection.
You promise that you understand, and agree, that we shall not, in any way, be considered a party to any contract or agreement with you regarding the provision of any implied services or results on our Services, except as set out in these Terms. While we endeavor to provide maximum value to our Users by optimizing our Services basis your individual requirements as construed from the information you provide to us, we do not guarantee in any way that the use of the Services will result in adequate health benefits and/or economic benefits and/or business opportunities and/or goodwill. We do not guarantee that your use of the Services, in any manner and to any degree or extent, will meet the objectives with which you started using the Services. You hereby expressly agree that dissatisfaction with the Services shall not entitle you to receive a refund of any monies payable/paid for use of the Services by you and your sole remedy, should such an event arise, shall be termination of your Account and stoppage of your use of the Services, subject to any local consumer rights you may have in territories where such rights cannot be waived..
4. GETTING STARTED
To get started with using the Services, you are required to create an account on the App, by either going to the relevant section of the App and manually creating an account, or through our Services feature that allows you to create an account through your Facebook (third-party social networking service) profile or Apple ID (each such account shall be referred to as “Account”).
To manually create an Account with us, you will be required to provide us with your true and correct: i.) first name; ii.) last name; iii.) relevant e-mail address; iv.) age; v.) gender; and vi.) a password to be used in connection with your Account on the App. If you choose to create an Account through Facebook, you are thereby giving us the requisite permissions to create an Account on your behalf by extracting your name, e-mail address, and profile picture as available on Facebook. If you are using a Device compatible with sign in using an Apple ID and you choose to sign in using such Apple ID, you are giving us the requisite permissions to create an Account on your behalf by collecting your name and e-mail address as available with Apple Inc (all information in this paragraph shall collectively be referred to as “Account Information”). You agree and confirm that you shall not use anyone else’s Account and/or Account Information at any time.
Once you create /register an Account by providing us the requested details/Account Information, we will send an e-mail verification to the e-mail address you have provided to us as part of the Account Information. Thereafter, you are mandatorily required to verify your Account as per the instructions provided in such e-mail within 24 (twenty four) hours of creating your Account. In the event you fail to verify your Account within the aforesaid 24 (twenty four) hours, your access to the Services may be suspended until such time you verify your Account.
We reserve the right to add, edit, modify, delete any information provided by you, in the event the same, in our sole discretion, is in breach of any applicable law and/or the Agreement and/or any of the Company’s policies at any time. We reserve the right to terminate any Account Information that becomes inactive, violates trademark, or may mislead other users. We reserve the right to reclaim Account Information on behalf of businesses or individuals that hold legal claims or trademark rights over such Account Information.
You hereby acknowledge and understand that it may take 48 (forty-eight) hours or more to validate and activate your Account. You also agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you are aware of them. We may restrict, deactivate or terminate your access to the Services or your Account if we believe you are in breach of the Agreement.
5. USING OUR SERVICES
Once you have made an Account on the Services, you are automatically provided with a limited number of guided reflection sessions, relevant updates, a welcome message, and access to a Map of Freedom. You can then start experiencing these guided reflection sessions, and creating your ‘Map of Freedom’. The Map of Freedom is an interactive animation-based graph that is personalised for you, basis information you provide to us on the Services and is intended, to serve as your personal tracker of the freedom journeys you may want to experience in different areas of your life. This Map of Freedom will evolve and shift in real-time as you progress through the guided reflection courses curated for you on the Services and the information that you update on the Services from time to time.
While using the Services, you can select from a variety of options to create customized relaxation and self-improvement sessions. You can also use the paid/subscription functionality of the Services to utilize a greater wealth of features as part of our Services, as described in further detail under Section 6 below.
6. SUBCRIPTIONS AND PAYMENTS
The Services contain a vast and specialised collection of guided reflections on offer to you. While you may continue to download the App and use our Services for free without making any payments (“Free User”), your Account as a free user will only allow you access to a limited number of guided reflections selected by us.
We also offer you the choice to unlock a vast number of highly curated guided reflections and other features by subscribing to our Services. Upon using our paid/subscription based Services, you will have access to greater features and numerous guided reflections. You can experience our subscription based Services by way of selecting a half-yearly/6 (six) months or yearly subscription basis, (“Subscription Model(s)/Subscription”). A general description of the features associated with the Subscription Models is available via the Services. While selecting a Subscription, you may be asked for certain payment information by the relevant app marketplace for processing your payment which information is collected and processed directly by such app marketplace. Please ensure you also read the terms of payment for the Subscription you are selecting, as displayed by the relevant app marketplace, prior to confirming purchase. You can access the ‘Manage Subscriptions’ section of the App to manage and get information pertaining to your existing Subscriptions.
Until such time as you purchase a Subscription on the Services, the prices of the Subscription Model will be displayed at the ‘Subscriptions’ page within the App. Please note that while the prices within the App will be displayed in USD, if you are outside of the United States of America, you will be charged in the local/applicable currency, at a price equivalent to the fees corresponding to a Subscription Model selected by you, after currency conversion as applied by our app marketplace partners. You are responsible for all applicable fees and charges incurred, including applicable taxes, upon a Subscription purchased by you. The prices listed on the Services are inclusive of applicable taxes, unless otherwise stated.
Except when experiencing any free trials we may be offering, you acknowledge and agree that you can avail and experience our Subscription Model only once you have made the requisite payments. Please note, any purchase of a Subscription by you is final, and is also subject to the terms and conditions of the relevant marketplace through which you have downloaded the App and made payments through, along with terms of any third party services used in the process.
If you are based in the UK or EU, you will have certain “cooling off rights” when you first make a purchase which may entitle you to a refund during the first 14 days of purchase if you change your mind. Any requests and refunds will be dealt with through the mobile platform/app marketplace you made your purchase through.
For the purposes of our Subscription Models and related features, a month constitutes 30 calendar days, 6 months constitutes 180 calendar days and a year constitutes 365 calendar days.
PLEASE READ CAREFULLY:
AT THE END OF THE RELEVANT PERIOD FOR WHICH YOUR SUBSCRIPTION MODEL IS ACTIVE, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AND YOU WILL BE AUTOMATICALLY CHARGED CORRESPONDING FEES OF THE SUBSCRIPTION MODEL LAST SELECTED BY YOU, FOR RENEWAL OF SUCH SUBSCRIPTION MODEL, SUBJECT TO APPLICABLE LAWS, VIA THE PAYMENT METHOD YOU HAVE PROVIDED.
YOU ACKNOWLEDGE THAT YOU HAVE UNDERSTOOD THE MANNER IN WHICH THE SUBSCRIPTION MODEL WILL BE RENEWED. WE REITERATE THAT AT THE END OF THE TERM OF ANY SUBSCRIPTION MODEL YOU PURCHASE (IRRESPECTIVE OF WHETHER YOU ARE CURRENTLY USING THE HALF-YEARLY OR YEARLY SUBSCRIPTION MODEL), YOU WILL BE AUTOMATICALLY CHARGED FOR RENEWAL OF THE SAME SUBSCRIPTION MODEL AS WAS LAST ACTIVE FOR YOUR ACCOUNT. SUCH RENEWAL SUBSCRIPTION FEES WILL CONTINUE TO BE AUTOMATICALLY BILLED TO THE PAYMENT METHOD YOU HAVE PROVIDED, UNTIL CANCELLED BY YOU.
PLEASE NOTE, IF YOU WISH TO DISCONTINUE USING OUR SUBSCRIPTION SERVICES AND STOP PAYMENT OF ANY CORRESPONDING SUBSCRIPTION RENEWAL FEES, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS AT THE END OF YOUR ACTIVE SUBSCRIPTION TERM. PLEASE NOTE THAT, UNLESS OTHERWISE SPECIFIED IN THESE TERMS, WE HAVE A STRICT NO REFUNDS POLICY ONCE ANY PAYMENTS HAVE BEEN MADE.
You may cancel your Subscription with us by cancelling automatic renewal via the relevant app marketplace you have downloaded the App from. If you have purchased a Subscription through Apple/iTunes, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the Subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. Such cancellation will become effective at the end of the term of the Subscription Model you have selected. Please note, cancellation of the Subscription by you has no bearing on an active Subscription for which you have already been charged, or on the fees that you have already paid for such an active Subscription. Upon cancellation of your Subscription, you will continue to have access to the Subscription Model Services (subject to the Agreement), until the end of the term of Subscription for which you have already been charged.
We reserve the right to modify, terminate or otherwise amend our offered Subscription Model and offerings at any time in accordance with the Agreement.
7. MEDICAL DISCLAIMER
It is very important that you understand and agree that the Services are not created to treat any disorders or diseases, or to ascertain the state of your health, or be a substitute for authorized prescribed medicines, or to be a replacement for professional medical attention. Not all activities described on the Services may be suitable for every User and it is your responsibility to visit an actual health care professional/doctor when you may require so. Do not use the Services while driving, operating heavy machinery, consuming food and/or beverages, or performing other tasks that require attention and concentration. Please also do not use the Services when you are under the influence of any substance or if you are inebriated. You understand and agree that you are solely responsible for your use of the Services and that the Services are not meant to be a prescription for any ailment, disease, disorder, or illness.
At all times during your use of the Services, you shall not:
- Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libellous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, moral rights, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer, digital network or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including our servers, networks or accounts;
- Cover, remove, disable, block or obscure portions of the Services, including without limitation, advertisements;
- Delete or revise any information provided by or pertaining to any other user of the Services;
- Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that forms part of the Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind in manner whatsoever including through the Services. If you do so, you acknowledge you will have caused substantial harm to us, but that the amount of harm would be extremely difficult to measure;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without such person’s consent;
- Accessing the Services through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- Use the Services to advertise or promote competing services;
- Use the Services in a manner inconsistent with any and all applicable laws;
- To unlawfully collude against another person in restraint of trade or competition; and
- Attempt, facilitate or encourage others to do any of the foregoing.
10. TERMINATION OR SUSPENSION
In the event you breach the Agreement, we reserve the right to suspend and/or terminate (temporarily or permanently) all, or a portion of your Account or access to the Services, with or without notice to you, at our sole discretion. Any suspected illegal, fraudulent or abusive activity may become ground for terminating your access to the Services. Except as may be set forth, termination of your Account may include: (i) removal of access to all offerings within the Services; and (ii) barring you from further use or access of the Services. The Company may, at its sole discretion, suspend your ability to use or access the Services or any portion of it at any time, while the Company investigates complaints or alleged violations of the Agreement, or for any other reason.
Once terminated or suspended (temporarily or permanently), you may not be entitled, if we deem so, to continue to use the Services under the same Account, a different Account or re-register under a new Account and your right to access the Services shall immediately cease. We reserve our right to remove or delete your information that is available with Services, including, but not limited to, your Account Information. Notwithstanding anything in the Agreement, you agree that under no event of termination/suspension shall you be entitled to receive a refund of and/or retain any monies paid and/or payable to us.
Any suspension, termination, or cancellation will not affect your obligations towards the Company under the Agreement, which by their nature are intended to survive such suspension, termination, or cancellation.
11. INTELLECTUAL PROPERTY RIGHTS AND GRANT OF RIGHTS
For purposes of this Agreement, (i) “Company Content” shall mean the Services, and all information and/or content that you see, hear, or otherwise experience on the Services including but not limited to text, graphics, images, music, software, audio, video, stills, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any content that you make available through the Services, however, does not include Account Information.
ACCESS TO OUR SERVICES AND COMPANY CONTENT. All of the Services and the Company Content is the property of Freedom Guru (or our licensors) and is protected by Indian and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to the Company Content, the Services, the App, and the Website, including, without limitation, all intellectual property rights protected as trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happen to be registered. You agree that by virtue of your use of the Services, you do not acquire any intellectual property rights vested in the Company Content. Third party software included in our Services are made available to you under the relevant third-party software license terms.
LICENSE OF RIGHTS. You hereby grant the Company, a sub-licensable, irrevocable, perpetual, and worldwide license to exploit, wholly and without any limitation, any and all of the User Content and/or part thereof, through any and all modes, media and formats. The License of rights granted under the Agreement by you to the Company includes but is not limited to (a) the right to advertise, publicise, and/or promote the User Content in connection with the use, sale, performance and/or distribution of the User Content; (b) the right to communicate to the public the User Content through all modes and mediums now known or invented and/or developed in future, including but not limited to, broadcast or through any other present future broadcast media; (c) to exploit the mobile, digital and electronic rights in each and/or all of the User Content; (e) to synchronize the User Content with other content in any manner to any extent whatsoever; (f) to reproduce the User Content in any material form and issue copies of the User Content.
Where permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law), such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then you agree not to sue us for failure to identify you as the author of any User Content or for any use of your User Content on the Services that may constitute a violation of moral rights.
YOUR LICENSE TO USE THE SERVICES. We hereby grant you a non-exclusive, non-transferable, revocable and limited license to make personal, non-commercial use of the Services that are intended to be made available to you as a user for accessing the Services you are entitled to and/or as a visitor browsing the Services. Apart from the foregoing, no other right, title and interest is being made available to you. You may not use any User’s account on the Services or upload any content on their behalf. Further, we reserve all rights not granted to you under the Agreement.
The Freedom Guru Services are not sold or transferred to you, and Freedom Guru and its licensors retain ownership of all copies of the software applications, data, Company Content, visuals, stills, etc, even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”). You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Company Content, except as expressly permitted in the Agreement, without the Company’s express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Agreement.
We grant you permission to use the Services subject to the conditions and restrictions in the Agreement. We may change, restrict, or terminate your permission to use the Services for any conduct that we consider to be inappropriate, or for your breach of the Agreement, including the restrictions listed hereunder. Your use of the Services is at your own risk, including the risk that you might be exposed to content, information, data, items, materials, software, text, displays, images, video, and audio that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
We are not responsible or liable, in any manner whatsoever, for any unsatisfactory or delayed performance of any such Services and/or the products of the Services, except to the extent that local laws provide that such responsibility or liability cannot be limited or excluded.
The Services may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason without notice to you. We may change, restrict, or terminate your permission to use the Services for any conduct that we consider to be inappropriate, or for your breach of the Agreement, including the restrictions listed hereunder.
12. THIRD PARTY APPLICATIONS AND CONTENT
The Services may be integrated with or may otherwise interact with third party applications, websites, and services to make the Services available to you, or may contain links to third party products. These third-party applications may have their own terms and conditions of use and privacy policies, including ensuring that you meet the legal age requirements in the respective country you are intending to use the Services from, and your use of these third-party applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any third party application or Device or for any transaction you may enter into with the provider of any such third party applications and Devices, nor do we warrant the compatibility or continuing compatibility of the third party applications and Devices with the Services.
13. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contain typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Services or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on the Services or on any related website except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Furthermore, there may be occasions when the Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control, that may further result in loss of certain or all content, features, and functionalities.
Nothing in this Agreement will limit or exclude your rights under consumer laws in your relevant territory, including your rights to receive a service as described.
However, you otherwise expressly agree that use of the Services thereon is at your sole risk. The Services are provided on an “as is” and “as available” basis. The Company expressly disclaims, to the maximum extent permitted by applicable law, any and all liabilities, warranties, representations, conditions, or indemnities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration.
The Company and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error free or that any errors will be corrected. No advice or information provided to you by the Company will create any liability or warranty that is not expressly stated in the Agreement. Nothing available on the Services shall constitute the Company’s opinion and should not be relied upon in making (or refrain from making) any decision.
We make no representations concerning, and do not guarantee, the accuracy of the Services, including, but not limited to, any information provided through the Services or their applicability to your individual circumstances.
15. REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY
You promise that you shall: (a) comply with any and all applicable laws and/or such other rules and guidelines as may be applicable to you and/or the Content; (b) comply with all of your wireless carrier’s terms and conditions; (c) not breach any of the terms set forth in the Agreement; (d) verify and affirm the accuracy and truthfulness of all the information you provide to us; and (e) ensure no information you upload on the Services shall infringe any third-party rights, including, without limitation, intellectual property rights and rights of privacy or publicity.
In addition to the above, you agree, acknowledge and confirm the following:
- The Company (including its Directors, officers and/or employees) accepts no responsibility for any legal or financial events or outcomes arising out of the use of the Services.
- The Services are for personal use and you shall not be entitled to use the same for commercial purposes and/or for any purpose beyond the scope of the Agreement.
- The Services and/or the information thereon shall not be used for any illegal purposes whatsoever. You shall not be entitled to access our networks, computers and/or the information and/or Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment of our Services and/or the information thereon. You may not attempt to gain unauthorized access to any information and/or Services, other accounts, computer systems, or networks connected with the Services and/or information. You may not use any automated means (such as a scraper) to access the Services for any purpose whatsoever. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Account. Any attempt by any individual or entity to solicit login information of any other User or to access any such account, shall be an express and direct violation of the Agreement and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
- Your right to use the Services is not transferable.
At all times when using or accessing the Services, you agree that:
- You are solely responsible for the content and/or information you publish, make available on the Services, or transmit to other members.
- You promise that all User Content made available by you through the Services shall be wholly original and in compliance with the applicable laws and, that the Company’s use and exploitation of the same, in accordance with the Agreement, shall not violate or infringe upon any third party right including rights in any form of intellectual property.
- You will not post on the Services, any defamatory, inaccurate, abusive, obscene, derogatory, offensive, threatening, harassing, capable of hurting religious sentiments, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not post any offensive or sexually suggestive references or post any photographs or other images containing nudity. The Company reserves the right, but has no obligation, to remove without warning or remove any profile or photograph or image that does not comply with the Agreement.
- In using the Services to enter into any agreement or other contract of services, such agreement/contract shall not be inconsistent with the Agreement.
- You will use the Services in a manner consistent with any and all applicable laws and regulations.
- You will not falsify your identity or misrepresent yourself or any other user or any third party, in any way on the Services.
- You will not “stalk” or otherwise harass any user and/or third party in any way.
- You will not transmit any chain letters, spam or junk email to other members or to us.
- You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
- You will not harvest or collect personal information of other members, without our written consent.
- You will not use any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- You will not interfere with or disrupt the Services, or the servers or networks connected to our Services.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; nor will you attempt to disrupt, degrade, impair, or violate the integrity or security of the Services in any way including, without limitation, “hacking,” “denial of service” attacks, and the like.
- You will not “frame” or “mirror” any part of the Services, without our prior written authorization. You also shall not use meta tags or code containing any reference to Freedom Guru or our services in order to direct any person to any other website for any purpose.
- You will not modify, copy, adapt, sublicense, translate, sell, reverse engineer, create derivative works from, decipher, decompile or otherwise disassemble any portion of the Services or any source code or other software used in or for the Services, nor will you cause, assist, or encourage others to do so.
- You are solely responsible for your interactions with other users. The Company reserves the right, but has no obligation, to monitor or attempt to resolve disputes between you and other Users.
- You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from us, in relation to your or another user’s compliance with the Agreement.
- You take full responsibility for ensuring that the User Content does not infringe any rights including but not limited to intellectual property rights, privacy rights and that the Content and Materials uploaded by you have been uploaded after getting the required permissions or authorizations from third parties, if any. In case of any copyright infringement or failure to get the required permissions or authorizations from third parties, you shall be liable for the same. We shall not be liable in case of any copyright infringement or failure on your part to get the required permissions or authorizations from third parties;
Failure to comply with the foregoing provisions in this section above may result in immediate suspension or termination of your right to use the Services without refunding any monies paid to the Company by you. The Company reserves the right, in its sole discretion and in all instances, to determine whether you have or have not complied with any provision contained in the Agreement.
You will indemnify, defend, and hold harmless the Company, the Company’s licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
- your access to and/or use of the Services;
- your violation of any of the provisions of the Agreement;
- your violation of any rules, regulations, acts and/or laws that are in force or that may come into force from time to time;
- any activity related to your Account by you or any other person accessing the Services through your Account, including, without limitation, negligent or wrongful conduct; or
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree, undertake and confirm to cooperate with us in asserting any available defenses.
16. LIMITATION OF LIABILITY
To the maximum extent permissible by applicable laws (noting that you may have various consumer rights depending on the country in which you are resident which may override these Terms), in no event will the Company and/or its affiliates be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, your use of the Services and/or the Company Content, whether the damages are foreseeable, and/or whether or not the Company has been advised of the possibility of such damages in advance. In the event you are in a jurisdiction that does not allow limitation of liability in the manner stated hereinabove, the limitation shall apply to you to the extent permitted by applicable laws. If you are dissatisfied with the Services and/or the Company Content, your sole and exclusive remedy is to discontinue using the Services, and you waive all rights to the contrary, subject to any local consumer rights you may have in territories where such rights cannot be waived.
Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to your use of the Services and/or the platform and/or the Company Content and/or our relationship with you, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.
We and/or our affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, act of god, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND/OR ITS AFFILIATES DISCLAIM ANY LIABILITIES AND WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY THE COMPANY WILL CREATE ANY LIABILITY OR WARRANTY THAT IS NOT EXPRESSLY STATED IN THE AGREEMENT.
18. CLASS ACTION WAIVER
Where permitted under the applicable law, you agree you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless each Party to the Agreement agrees, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
In the event of any disputes, differences or claims arising between us and yourself in connection with the Agreement, during its subsistence and/or after their termination in any manner whatsoever, including the validity and/or construction and/or interpretation of any of the sections hereof or anything done or omitted to be done pursuant hereto, the parties entering into the Agreement shall to the fullest extent possible, try to settle the disputes, differences or claims in the first instance by prompt and good faith negotiations between yourself and us.
Any dispute that is not resolved within 30 (thirty) days of the occurrence thereof shall be finally settled by way of arbitration in Mumbai, in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated in this section by reference. The arbitral tribunal (“Arbitration Board”) shall consist of 1 (one) arbitrator, to be appointed by the Council of Arbitration of the MCIA (including the Committee of the Council), in accordance with the MCIA Rules. All disputes at the first instance shall be resolved in accordance with the expedited procedure set out in Rule 12.3 of the MCIA Rules (“Expedited Arbitration Procedure”). If for reasons, the arbitration cannot be conducted in accordance with the Expedited Arbitration Procedure, the disputes shall be resolved in accordance with the remaining provisions of this Section 19 and the MCIA Rules, without giving effect to the Expedited Arbitration Procedure under the MCIA Rules.
The seat and venue of the arbitration proceedings shall be Mumbai, India and the language of the arbitral proceedings shall be English. All aspects of the arbitration shall be treated as confidential. The law governing this arbitration agreement shall be the law of India.
The Arbitration Board shall have the power to grant any legal or equitable remedy or relief available under applicable law, including injunctive relief (whether interim and/ or final) and specific performance. For avoidance of doubt, each party to the dispute shall be entitled to apply to the appropriate court of competent jurisdiction for interim or interlocutory relief in respect of such arbitration.
The Arbitration Board shall also have the power to decide on any dispute regarding the validity of this Section 19.
During the course of any arbitration under this Section 19, except for the matters under dispute, each of the parties entering into the Agreement shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under the Agreement.
Each party entering into the Agreement shall participate in good faith to reasonably expedite (to the extent practicable) the conduct of any arbitral proceedings commenced under the Agreement.
The Arbitration Board shall render a written and reasoned award in writing at the earliest and in its award, also, decide on and apportion the costs and reasonable expenses (including reasonable fees of counsel) incurred in the arbitration. Any arbitral award or measures ordered by the Arbitration Board: (a) may be specifically enforced by any court of competent jurisdiction; and (b) shall be final and binding on the parties entering into the Agreement.
If you are resident in the UK or European Economic Area, you may have rights to bring any claim in your local courts and under local consumer legislation. You may also have rights under the EU Dispute Resolution processes, details of which can be found at https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en.
20. GOVERNING LAW AND JURISDICTION
The Agreement shall (subject as set out above in relation to UK and EU based residents) be strictly governed by and constructed in accordance with the laws of India and subject to Section 19 hereinabove, the Courts of Mumbai, India shall have exclusive jurisdiction over any disputes arising from the Agreement or use of the Services.
21. CHANGES TO THESE TERMS
We reserve the right to change our Terms at any time for any reasons deemed fit by us, including but not limited to, improving the existing functions or features of the Services, adding new functions or features to the Services, reasonable technical adjustments to the Services, ensuring the effectivity of security features of the Services, and adjustments to the Services pursuant to legal or regulatory compliance requirements. Any changes that we make will become a part of our Terms with you when they are posted to our Services and as such, you are required to regularly check this page. We will, wherever possible, attempt to notify you of any changes to the Terms by way of push notifications and/or pop-ups and/or e-mails within the Services. Your continued use of our Services will constitute your agreement to any changes we make. If you do not wish to continue using the Services under the new version of the Terms, you may terminate your Account by contacting us. The last date on which these Terms were revised is set forth at the top of this document.
22. COPYRIGHT NOTICES AND OTHER NOTICES
In the event you come across any content on the Services that you may feel is violative of applicable law, please send us the necessary details at the contact information provided in Section 25 and we will act as per applicable law to resolve your concerns.
23. NOTICE TO USERS OF APPLE DEVICES
This Section only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between you and Freedom Guru only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Freedom Guru Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Freedom Guru Services. In the event of any failure of the Freedom Guru Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Freedom Guru Services. Apple is not responsible for addressing any claims by you or any third party relating to the Freedom Guru Services or your possession and/or use of the Freedom Guru Services, including: (i) product liability claims; (ii) any claim that the Freedom Guru Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Freedom Guru Services and/or your possession and use of the Freedom Guru Services infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Freedom Guru Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- No injunctive relief: To the maximum extent permissible under applicable laws, you shall not seek an injunction or injunctive relief against us, except as permitted under applicable laws. This section shall survive the termination of the Agreement.
- Severability: In the event that any term, condition, or provision of the Agreement is held to be a violation of any applicable law, statute, or regulation the same shall be deemed to be deleted from the Agreement and shall be of no force and effect and the Agreement shall remain in full force and effect as if such term, condition, or provision had not originally been contained in the Agreement.
- Relationship of the Parties: You acknowledge and agree that nothing in the Agreement, including, but not limited to, registration with our Services, constitutes an agency agreement or creates or acknowledges a principal-agent relationship between you and us or makes our partners or otherwise participants in a joint undertaking. Our relationship shall solely be one of independent contractors.
- Notices: Notices by you to us hereunder should be made in writing and (if sent to the mailing address) duly signed and sent to our e-mail address or to the mailing address provided in Section 25 below.
- Assignment and Delegation: You cannot transfer your Account or assign any of your rights or delegate any of your obligations under the Agreement without our prior written approval. We may freely transfer, assign or delegate the Agreement or our rights and duties under the Agreement.
- No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
- Contact Information: In the event you have any queries about these Terms or the Services, please feel free to reach out by email to us at email@example.com.
- Headings: The section headings are for convenience only and shall not limit, govern or otherwise effect the interpretation or construction of the Agreement in any way.
- Prevailing Language: The English language version of these Terms shall be decisive in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
25. Contact Information
If you have any questions about these Terms or the Services, please contact us at firstname.lastname@example.org.
FREEDOMGURU REFLECTIONS PRIVATE LIMITED
401 -A, Neelam Centre, A-Wing, Hind Cycle Road,
Worli, Mumbai – 400030, India