Terms of Use

        

1.        GENERAL

        

    a. We, THINQ ON PURPOSE, a Partnership Firm, incorporated under the Partnership  Act, 1932, having its registered office at “E-103/104, Maheshwari Nagar, Road No 16, MIDC, Andheri (East), Mumbai - 400093”, represented by its members, hereinafter referred to as the “Firm” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.)The creator of these Terms of Service ensures steady commitment to Your privacy with regard to protection of your invaluable information. This document contains information about the Website www.nehaabeotra.com and www.thinqonpurpose.com (hereinafter referred to as the “Platform”)


    b. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,                        

                                                                                                                                                    

    • “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Firm, as the context so requires.
    • “You”, “Your”, “Yourself”, “User”, “Buyer”, and Customer shall mean and refer to natural and legal individuals who use the Website and who is competent to enter into binding contracts, as per Indian laws.
    • Buyers/Customers” shall refer to those willing to avail services for their personal use.
    • “User” shall refer to “Customers/Buyers”.
    • Services” refer to providing a Platform for Customers to purchase the services offered by the Firm, make payment and receive delivery through the use of a single platform.
    • “Third Parties” refer to any Application, Firm or individual apart from the User and the creator of this platform.
    •  The term “Platform” refers to the Website which provides the Users the facility to purchase the services offered by the Firm on the platform
    • The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
    • The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Firm, from time to time, at its sole discretion. If You continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
    • The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
    • The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.

        

2. REGISTRATION


Registration is mandatory for the Users to access the paid services provided by the Firm through the Platform, they are free to access the free content including certain articles, videos, e-books, etc. available on the Platform without registration.

Users shall register themselves on the Platform by providing information including but not limited to personal information such as name, e-mail address, contact number, etc.  

The User understands that registration to the website is free. However, charges may be incurred after registration depending on the Services the User would like to avail.

Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

        

3. SERVICE OVERVIEW


The Firm represents itself as a platform for personal progress and transformation. The Firm provides services such as:

        

  • Mentoring Services

The User shall opt for a program of their choice, through a registration link available on multiple platforms such as the Facebook page of the Firm, the Firm’s website, etc., amongst the quick discovery course (single – 60 minutes session); A discovery plus Action course (multiple sessions of 60 minutes each)  or a long-term mentoring program for self-development.

All the details of Mentoring are available on this page https://www.nehaabeotra.com/mentoring .

The Plans are as follows

                                                                

  A. Deep Dive Discovery:

      • One, 60 Mins Video session;
      • Deep Discovery & Analysis;
      • Answers to all your pertinent questions;
      • 48 Hours Response To Book a slot;

                                                                                        

            B. Discover-Disrupt-Do:

      • 4×1 Hour Mentoring Session;
      • Dive into Nehaa's unique 5 STEP SYSTEM, a formula that transform's you and your life inside out;
      • Detailed Discovery, Analysis & Action Planning supported by "Accountability and Followup";
      • Limited Slots, only for selected ACTION TAKERS! ;
      • Minimum 48 Hours Response to Book a slot.


            C. Long Term Mentoring - Investment - Shared Upon request only.

      • The User understands that the general mentoring program shall be a strictly online program with the session taking place over external video calling applications. The User further understands that, there exists a premium program for the same wherein, the User and the Mentor will meet offline at an external location, in situations where it is possible, to be decided by both the parties. 
      • The User undertakes to make payments prior to the appointment, as mentioned in Section 9 of this terms of service.
      • The User understands that any scheduled session cannot be rescheduled more than one time. Session can only be rescheduled only when a prior intimation is given to the Firm. The appointment will stand cancelled after it has been rescheduled more than one time, and the Firm shall not initiate a refund for the same.
      • The User undertakes to perform all tasks and activities as mentioned and directed by the Mentor and shall not deviate from the plan that has been devised for the User. The User understands that the success of the Mentoring session depends upon the adherence of the plan, set by the Mentor, by the User.
  • Workshop
    • The Firm utilizing their proprietary 5D system, shall engage the User in a 3-day workshop, hosted at a place that is at the discretion of the Firm, wherein the User shall spend the 3 days attending various sessions conducted by the Firm.
    • The User undertakes to make payments prior to the workshop, as mentioned in Section 9 of this terms of service.
    • If the User by any situation missed the Workshop hosted by the Firm then, the User is given a chance of attending the next Workshop where 10% of fee (GST and other levies extra as applicable), has to be paid in order to attend the Next Workshop. In case if the User Fails in Second Chance, Then the Registration will be cancelled, and the Registration fee will not be refunded.
    • The User needs to understand that, In Case of First or the Second Chance, Intimation should be given to the Firm, Before 48 hours.
    • The User undertakes to perform all tasks and activities as directed by the Firm during such sessions and workshops and shall not deviate from the plan that has been devised for the User. The User understands that the success of the workshop depends upon the adherence of the plan, set by the Firm, by the User.
  • Online Learning Courses

        The User shall find our Services in the form of Videos, quizzes, e-learning courses, e-books, podcasts and other forms of multimedia on external third-party sites and applications. The User can avail these services from these Third-party locations, by making a payment to the respective third-party Sites, Applications, Platforms.

  • Webinars
  •         The Firm shall host webinar sessions on the website of the Firm on a periodic basis, to which the User may subscribe.

        


4. ELIGIBILITY


The User acknowledges that he/she is over 18 years of age and of sound mind to enter and perform any of the obligations listed in these terms and in accordance with the Law.  The User agrees that they are persons who are competent to contract as per Section 11 of the Indian Contract Act,1872 and that they are not disqualified from entering into a contract by any other law in force.


5. CONTENT


All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Firm and the copyright owner.

The User is solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Firm.


6. TERM

    • These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
    • A Customer may terminate their use of the Services and the Platform at any time.
    • The Firm may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
    • Such suspension or termination shall not limit our right to take any other action against you that the Firm considers appropriate. 
    • It is also hereby declared that the Firm may discontinue the Services and Platforms without any prior notice.

7. TERMINATION


The Firm reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.

The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.

The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.

The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

        

8. COMMUNICATION


By using this Services and Platforms, and providing his/her identity and contact information to the Firm through the Platform, the User hereby agrees and consents to receiving calls, e-mails or SMSs from the Firm and/or any of its representatives at any time.

Users can report to support@nehaabeotra.com if they find any discrepancy with regard to Service-related information and the Firm will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time taken for investigation.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Firm or any representatives relating to any service availed of by the User on the Platform or anything pursuant thereto and the User agrees to indemnify the Firm from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Privacy Policy.

9. PAYMENT

   A. Payments made to the Website

    Registration and subscription to the Services on the Platform is free of cost. However, in case the User wishes to avail a paid service, the User shall pay an amount for the Services availed through the Platform directly to the Firm through the methods as specified below;


   B. Net Banking, Credit/Debit Cards, UPI, Wallets etc        

        

    The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.

    Further, the Platform does not bear any liability for any activities, breaches, discrepancies or technical problems experienced by the Users whilst using any third-party payment gateway to make payments. The relationship between the Users and third-party payment gateway shall be governed by the Terms of Use and Privacy Policy of the said payment gateway, and the Platform shall not be associated with any dispute arising therefrom.

    The Firm will not be liable for any credit card, Debit Card, Net banking, Wallet, UPI etc fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, the Firm reserves the right to cancel all past, pending and future orders without any liability.

    The Firm shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services.  The Firm, as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.


   C. Payment made to Third-Party Applications


    The Firm shall engage certain Third-party applications, wherein the Firm shall provide their Online learning courses for Users to access and purchase.

    The Third-Party shall collect the payment from the Client on behalf of the Firm and the same shall be transferred to the Firm on a monthly basis, based on the amount of sales the Third-party generated from the Online Learning course provided by the Firm. The Third-party shall retain a part of the earnings as part of a revenue-sharing agreement between the third-party and the Firm.
    The Firm may enlist the third-party for marketing purposes by engaging such services on a commission basis.

        

10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT


    The User agrees and acknowledges that they are a restricted User of this Platform, and that they:        

    • Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
    • Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
    • Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
    • Understand and acknowledge that the data submitted is manually entered in to the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the Platform.
    • Authorize the Platform to use, store or otherwise process certain personal information and all published Content, User Purchases, Offer redemption's, User locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimization of User-related options and Services.
    • Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Platform or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
    • Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Firm.
    • Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, 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 Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities arising in relation to such offensive content on the Platform.
    • Expressly agree and acknowledge that the Content displayed on the Platform is not owned by the Firm, and that the Firm is in no way responsible for the content of the same. The User may however report any offensive or objectionable content, which the Firm may then remove from the Platform, at its sole discretion.

        

   The User further undertakes not to:

    • Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
    • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
    • Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
    • Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
    • Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (ies);
    • Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
    • Violate any applicable laws, rules or regulations currently in force within or outside India;
    • Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
    • Commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Firm/Platform;Further:
    • The User hereby expressly authorizes the Firm/Platform to disclose any and all information relating to the User in the possession of the Firm/Platform to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Firm/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
    • By indicating User's acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to purchase products and services where the transactions have remained incomplete.
    • The User agrees to use the services provided by the Firm, its affiliates, consultants and contracted companies, for lawful purposes only.
    • The User agrees not to make any bulk purchase to indulge into any resale activities. In case of any such instances, the Firm reserves all rights to cancel the current and future orders and block the concerned User account.
    • The User agrees to provide authentic and true information. The Firm reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Firm shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
    • The User agrees to not upload/ introduce any viruses, malware, spyware, any other programs that can be harmful to our Platform onto our server.
    • The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. 


   More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

    • Belongs to another person and to which the User has no right to;
    • 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 whatever;
    • Is in anyways against Religious or Gender Discrimination and or Against Human Rights.
    • Is in anyway harmful to minors;
    • Infringes any patent, trademark, copyright or other proprietary rights;
    • Violates any law for the time being in force;
    • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
    • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • Publish, post, disseminate, any information which 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 whatever; 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;
    • Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

        

11. SUSPENSION OF USER ACCESS AND ACTIVITY

        

Notwithstanding other legal remedies that may be available, the Firm may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:

a.  If the User is in breach any of these Terms or the Policy;

b.  If the User has provided wrong, inaccurate, incomplete or incorrect information;

c.  If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, at the sole discretion of the Firm.

        

12. INDEMNITY

        

You (the User) agree to indemnify, defend and hold harmless the Firm/Platform, its service providers, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

    • Your use of the Platform, including but not limited to uploads;
    • Your violation of these Terms and Conditions;
    • Your violation of any rights of another;
    • Your alleged improper conduct pursuant to these Services;
    • Your conduct in connection with the Platform;
    • Your misrepresentation to the platform; and
    • Your violation of laws governing the land.

        

You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.

In no event shall the Firm/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Firm/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.

        

13. LIMITATION OF LIABILITY

        

    • The Founders/ Promoters/ Associated people of the Platform/Platform are not responsible for any consequences arising out of the following events:                                                                                                                                                                                                                                        
      • If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
      • If the User has fed incorrect information or data or for any deletion of data;
      • If there is undue delay or inability to communicate through email;
      • If there is any deficiency or defect in the Services managed by Us;
      • If there is a failure in the functioning of any other service provided by the Platform.
    • The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
    • Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
    • The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms. 
    • To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
    • The User agrees and understands that the Platform would not be liable in any way, for any damages that has been incurred by the User for the utilization of our services incorrectly, whether paid or otherwise. Further, even if the User follows all our guidelines and methods properly, we cannot guarantee that the User will be self-actualized.

        

14. INTELLECTUAL PROPERTY RIGHTS       

        

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Firm or the respective copyright or trade mark owner. Furthermore, with respect to the Platform created by the Firm, the Firm shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

        

The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Firm/Platform, to be determined in the sole discretion of the Firm.

        

The User is aware all intellectual property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Firm, or to any other User. The User is aware that the Firm merely provides a Platform through which the Users can communicate and schedule meetings, and the Firm/the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from originally created graphics and specified content.

        

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

        

15. DISCLAIMER OF WARRANTIES AND LIABILITIES       

    • The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
    • The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
    • The Firm/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
    • It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.


16. FORCE MAJEURE


Neither the Firm nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

17. DISPUTE RESOLUTION AND JURISDICTION       


It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;


Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.


18. NOTICES


Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User by emailing tosupport@nehaabeotra.com

        

19. MISCELLANEOUS PROVISIONS


a.  Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.

b.  Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

c.  Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at admin@nehaabeotra.com