Terms of Use | Aman Chandra

TERMS OF SERVICE

Thank you for choosing to be part of our community at Aman Chandra (“Company”, “we”, “us”, or “our”).

Welcome to the official web destination of Aman Chandra, www.amanchandra.net (the “Website“)

By using the Website, you signify your agreement to these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

1. PRIVACY AND YOUR ACCOUNT

Your privacy is of the utmost importance to us. If you are a minor, please ensure the supervision of a parent or guardian in order to use the Website. We reserve the right to terminate accounts, refuse service, remove or edit content, and cancel orders in our sole discretion. Please review our detailed Privacy Policy here, which also governs your visit to the Website.

2. RESTRICTIONS ON USE; LIMITED LICENSE

All content contained on the Website and made available via the Website such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software (collectively, “Content”), is the property of the Website alone. The Content is protected by Indian and international copyright laws, treaties, and conventions.

Access to and personal use of the Website is in limited capacity. No Content of the Website may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of our Content on any other website or computer environment is strictly prohibited, and subject to litigation.

The license does not grant users any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. The license granted to you hereunder is immediately terminated in the event of any unauthorized and/or illicit use.

3. USE AND PROTECTION OF PASSWORD AND ID.

The Website will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and the Website shall have no obligation to investigate the authorization or source of any such access or use. You acknowledge and agree that as between you and the Website, you will be solely responsible for all access to and use of the Website by anyone using the password and ID assigned to you whether or not such access to and use of the Website is actually authorized by you, including all communications and transmissions and all obligations (including financial obligations for purchases through the Website) that may result from such access or use.

You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify the Website of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

4. SYSTEM REQUIREMENTS.

Use of the website necessitates system functionalities such as audio managing software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital formats (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). The Website may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.

Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to the Website.

5. SUBMISSIONS

You are permitted to post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, illicit, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.

Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph.

All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

6. CONTENT LINKED TO THE WEBSITE

You are aware that upon visiting the Website, you may be redirected to other sites outside our control, including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. Such third party websites may not be controlled by us and may operate upon different terms of use and privacy policies which you must carefully read and evaluate.

You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

7. DISCLAIMER OF WARRANTIES

There is no implied or expressed warranty on the content of the Website – it is provided “as is”. We disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by applicable law. We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the Website including, without limitation, any third-party site or service linked to from the Website (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Website. We cannot ensure that you will be satisfied with any product or service that you purchase from a third-party Website that links to or from the Website or third-party information, content or materials contained on our Website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party Website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Website (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third-party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.

Not all products and services are suited to everyone. The Website and products/services contained thereon are not substitutes for the advice and treatment of a licensed healthcare professional. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the Website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional. Never disregard the medical advice of a psychologist, physician or other health professionals, or delay in seeking such advice, because of the information offered or provided within or through the Website.

Nothing contained in your sessions/workshops is intended to be used as medical advice and is not to be used to diagnose, treat, cure or prevent any disease. Specifically, for the counselling services and/or workshops offered on or via the Website, while every effort will be made to assist you with the issues or problems you identify, you are in the best position to determine how relevant the suggestions are to your situation. We do not accept any liability for any injury, loss or damage incurred by use of or reliance on the information received by you during your sessions/workshops.

You agree that you are voluntarily purchasing products or services, participating in recommended activities, and using this Website and assume all risks of injury, illness, or death.

You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to take legal action against any indemnified party for personal injury or property damage.

8. CANCELLATIONS AND REFUNDS

Our cancellation and refund policy is designed considering due fairness to both the client and us. For details of this policy, please click here

8. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall comply and cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

9. LIMITATION OF LIABILITY

You acknowledge that under no circumstances (including negligence) are we liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (a) the use of, or any inability to use, the Website or any content or functions thereof; or (b) any act or omission, online or offline, of any user of the Website or anyone else.

Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither we nor any other indemnified party is responsible or liable for: (a) any incompatibility between the Website and any site, service, software or hardware; or (b) any delay or failure you may experience with any transmission or transaction related to the Website.

The limitations, exclusions and disclaimers herein and elsewhere in these terms of use apply to the maximum extent permitted by applicable law. Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, so such exclusions, limitations or disclaimers may not apply to you.

10. AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

11. APPLICABLE LAW AND DISPUTES

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the Indian legal system, and violations are subject to litigation.

Any dispute relating in any way to your visit to the Website or to products you purchase or services you access through the Website shall be subject to the exclusive jurisdiction of the court in New Delhi.

Last updated August 14, 2020