TERMS OF USE
These Terms of Use (“Terms”) govern the use and access to the content (“Content”) published on the website, www.hub.Smritigoel.com (referred as “Website”), owned and operated by sole proprietor Ms. Smriti Goel (the “Proprietor”). The Website enables the User to subscribe to the Content created or developed or licensed by HSG for personal empowerment of the Users (referred to as “Services”).
By accessing the Content, you (“Users” or “You”) agree to comply with and be bound by these Terms. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on the Website, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. However, if You navigate away from the Website to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such an event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website. Please read these Terms carefully as well as the Privacy Policy which is incorporated herein by reference.
By accessing or using any part of Website, the User states and confirms to have read, understood and agreed to these Terms, as amended by the Proprietor from time to time at its sole discretion. In the event a User does not agree to any or all of the provisions of these Terms, without modification, such User is requested to not use and access Website. Users are expected to review the Terms periodically to ensure that they are aware of all changes or amendments made hereto. User’s continued access or use of Website following any alteration to the Terms constitutes the User’s acceptance of those alterations or modifications of the same.
1. Registration
1.1. Users are required to sign up and create an authenticated account (“Account”) by providing all required information in order to access the Content (“Sign-up Process”). User shall identify a username and password and provide certain personally identifiable information including without limitation, name, age, entity name, telephone/mobile number, email Id and other contact details etc. in order to create and maintain an Account with Website.
1.2. You agree and acknowledge that You would (i) create only 1 (one) Account; (ii) provide accurate, truthful, current and complete information when creating Your Account and in all Your dealings through Website; (iii) maintain and promptly update Your Account information; (iv) maintain the security of Your Account by not sharing Your password with others and restricting access to Your Account; (v) promptly notify the Proprietor if You discover or otherwise suspect any security breaches relating to Website; and (vi) take responsibility for all the activities that occur under Your Account and accept all risk of unauthorized access. In the event the Users provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Proprietor has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Proprietor may terminate such User’s account and refuse current or future use of any or all of the Content.
1.3. Users shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under their account. Users shall not, under any circumstance, share their username and password with any third party, or otherwise provide to a third party the access of his/her Account. Users further agree to notify the Proprietor immediately of any unauthorized use of their username and passwords or any other breach of security.
1.4. You agree and understand that the Website is an internet enabled electronic platform that facilitates communication for the purpose of personal procurements. The Proprietor strictly encourages You to exercise reasonable diligence as You would adopt in traditional offline channels and practice judgment before purchasing the products on the Website.
1.5. The Proprietor will not be liable for any loss or damage arising from the failure on part of the Users to comply with this clause. Further, Users shall agree to indemnify and hold the Proprietor harmless from any claims or damages suffered by the Proprietor due to any improper or illegal use of their account.
2. Source Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sound recordings, video recordings, artwork and computer code (collectively, “Source Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Source Content, contained on Website is owned, controlled or licensed by or to the Proprietor or its licensors, and is protected by the applicable laws. Content on Website such as the synopsis, cast, crew, reviews, previews, themes, wallpapers, stills, screensaver, photographs, animation, data, information, database, design, games, interactive content, trailers, making, images, and any text, images, messages, newsletters, music, audio, video or its derivative, with or without sound, audio clips from sound recordings, created or collated by the Proprietor from the Source Content, may be granted by the Proprietor to You for personal and non-commercial use strictly in accordance with these Terms and the end user license agreement.
3. License
The Proprietor grants the User a non-exclusive, revocable, non-transferable and limited license to access the Content on his/her/its personal device, as made available through Website. The Proprietor may, from time to time, update or modify features of Website, release new versions or create new modules related thereto, each of which may, at its discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to Website through the respective account and login credentials authenticated for a particular Use.
4. User Information
4.1. The Website allows you to upload/submit your personal information including but not limited to your name, address, mobile phone number, email address, location coordinates and other information (“User Information”) which may be hosted, shared or published as part of providing the Services, and may or may not be visible to other registered users of the Proprietor. You own all of the User Information, network data and other information that you may upload on or share through the Proprietor. However, you agree to grant a non-exclusive, transferable, royalty-free, sub-licensable and worldwide right and license to the Proprietor, to use, copy, moderate, modify, distribute, publish and process the User Information, without any further consent. Further, the Proprietor is not obligated to publish any information or User Information on the Website and can remove it at its sole discretion, with or without notice.
4.2. You represent that you shall not have any objection to such User Information and also agree not to hold the Proprietor solely responsible for the User Information made and for the consequences of uploading them. The Proprietor is only acting as a repository of data, User Information and those submissions made by You do not represent the views/ clarifications of the Proprietor and Sole Proprietor makes no guarantee as to the validity, accuracy or legal status of any User Information.
5. Purchase
Depending on the Your search on the Website, the Website will display the available programs for subscription. You are free to select any program depending on Your requirement.
The complete process of listing the programs, searching for the required program by You, buying the selected programs, making the payment for the purchase made etc. shall be online.
6. Intellectual Property Rights
It is hereby specifically recorded that the Source Content and the Content available on Website is the and exclusive property of the Proprietor and/or its licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of these Terms shall mean all intellectual and industrial property rights including without limitation, trademarks, service marks, trade names, trade dress, copyrights, rights of attribution and authorship, inventions whether patentable or not, technical information, mask work rights, moral rights, patents, rights of inventorship, all applications, renewals, extensions, continuations, divisions, reissues or registrations thereof in connection with any of the above; database rights, know-how, trade secrets, rights of publicity, privacy and/or defamation, rights under unfair competition and unfair trade practice laws, anywhere in the world. You shall promptly notify the Proprietor in writing upon Your discovery of any unauthorized use or infringement of the Content and/or the Source Content, or the Proprietor’s patent, copyright, trade secret, trademarks or other Intellectual Property Rights.
7. Eligibility
7.1. You are eligible to access the Content and Source Content by registering with Website, if and only, You comply with the following conditions:
- You have completed the legal age and/or;
- You are eligible to enter into a legally binding contract; and
- You are not barred from entering into a contract by any applicable law for the time being in force.
7.2. You further represent and warrant that:
a. You have the right, authority, and capacity to enter into these Terms.
b. You agree that in order to use and have access to the Services available on the Website, you will have to register with the Website;
c. You are neither a competitor of the Proprietor nor accessing the Source Content and the Content for reasons that are in competition with the services of the Proprietor;
d. You are entitled to submit the information to the Website and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights;
e. Your access to the Content does not violate any applicable law; and
f. You will not directly or indirectly, copy, reproduce, and modify the Content or Source Content in any manner for any reason whatsoever.
8. Privacy
The Proprietor respects the privacy of Users and has accordingly formulated a Privacy Policy (“Policy”), in compliance with the applicable laws. The use of any personally identifiable information (“Personal Information”) shall be governed by such Policy and any amendment from time to time.
9. Third Party Links
Website may include links to other websites or applications that are not owned or operated by the Proprietor. The Proprietor does not have any control over these third-party websites or applications (the “Third-Party Links”) and is not responsible for any information, functionality, or content accessed through the Third-Party Links. Furthermore, Third Party Links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of the Proprietor. The Users are responsible for taking the necessary precautions to protect themselves and their mobile devices, computer and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such Third-Party Links. The Proprietor disclaims any responsibility for any harm resulting from a User’s access or use of these Third-Party Links.
10. Fees and Payment
The fee/consideration charged by the Proprietor for accessing the Content can be paid through the following form of payments: a) Online payment via Credit Card, Debit Card, Net Banking, UPI Payment, and through multiple online payment wallets such as Payzapp, Paytm, etc. You agree, understand, confirm and state that the details (whether of debit card, credit card, net banking, UPI Payment or payment through online wallets) provided by You to make payment and transact on Website will be correct, accurate and is owned by You. In the event You use a payment details belonging to any third party, then, You confirm that You have been authorized to or expressly permitted by such third party to use the said details/payment mode for making payments. The Proprietor will not be liable for any payment fraud including any credit card/debit card fraud. The liability for use of a payment mode fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User. In addition to all other remedies available under law and equity and as detailed under these Terms, the Proprietor reserves the right to recover the cost of servicing, collection charges, attorney’s charges etc., from a User using Website fraudulently. Further, the Proprietor reserves the right to initiate legal proceedings against such persons for fraudulent use of Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
11. Restrictions on Use.
11.1. Users shall not use the Content published on Website:
a) for any unlawful purpose or in violation of any applicable laws; or
b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others; or'
c) post any content that is defamatory, libelous, obscene, threatening, abusive or is offensive to other Users, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
d) post any content that is false or misleading; or that harasses or advocates harassment of another person.
11.2. Users are also prohibited from violating or attempting to violate the security of Website, including, without limitation the following activities:
a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c) attempting to interfere with services to any User, host or network, including without limitation, submitting a virus to Website, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or
d) transmitting any viruses, worms, defects, bugs, Trojan horses or other items of a destructive nature;
e) removing any copyright, trademark or other proprietary notices from any portion of Website;
f) reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploit Website except as expressly permitted by the Proprietor;
g) submitting any User Information unless you are the owner of the rights in such User Information or have the permission from the rightful owner to share the material and to grant the Proprietor all of the license rights granted therein;
h) decompiling, reverse engineering or disassembling Website except as may be permitted by applicable law;
i) linking to, mirroring or framing any portion of the Content;
j) reformatting any portion of the pages that are part of Website;
k) accessing Website through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built-into Website;
l) causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Website or unduly burdening or hindering the operation and/or functionality of any aspect of Website;
m) attempting to gain unauthorized access to or impairing any aspect of Website or its related systems or networks;
n) infringing any intellectual property or other proprietary rights of any third party;
o) copying or using the information, content or data of others available on Website (except as expressly authorized); and
p) overriding any security feature of Website.
Further, violations of system or network security may result in civil or criminal liability.
12. Remedies.
12.1. User understands and agrees that the Proprietor may review any content on Website, and in case the Proprietor finds, in its sole discretion, that the User has violated any of these Terms (especially Clause 12), the Proprietor reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or content from Website and/or terminating the registration of such violators and/or blocking their use of Website.
12.2. The Proprietor shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
12.3. In order to ensure a safe and effective experience for all the Users, Sole Proprietor reserves the right to limit the amount of data that may be accessed by them in any given time period. These limits may be amended at the Proprietor’s sole discretion from time to time.
12.4. The User acknowledges that in no event shall Sole Proprietor be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of any User or anyone else in connection with the use of Website.
13. Security.
13.1. The Proprietor acknowledges that it employs industry standard security protocol to ensure that the information that are stored, transmitted or transferred through Website is protected and the same is hosted on a secure server. However, the Proprietor shall not be held responsible for the loss of content or the information that is being transmitted through Website due to any technical issues from other sources. In order to keep the Account safe, the Users are suggested to change the passwords of his/ her account with Website periodically.
13.2. Website or the User will select a username and password when completing the registration process. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password.
14. General Content Considerations
14.1. System Requirements. Access to the Content requires a compatible device, internet access, and certain software, and may require obtaining updates or upgrades from time to time. Since access to the Content involves hardware, software, and internet access, Your ability to access the Content may be affected by these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility. Please also note that sharing account credentials is prohibited.
14.2. Content Availability. The Proprietor reserves the right to change, suspend, remove, or disable access to the Content, in whole or in part, at any time without notice for any reason or no reason at all, and in no event shall the Proprietor be liable for any claims, costs, or damages caused by or arising out of such actions. Without limiting the generality of the foregoing, Content provided on Website may be subject to agreements between the Proprietor and Content providers under which the Content providers license certain specific rights related to the Content. These agreements may require the Proprietor to black-out and restrict the availability and Your access to certain Content for periods of time determined by the Proprietor and the Content providers.
14.3. Content Quality. The quality of the Content may vary from device to device and may be affected by a variety of factors, such as Your location, the bandwidth available through and/or speed of Your internet connection and/or the definition You selected for Your Content. The Proprietor makes no representations or warranties about the quality of the Content. In order to stream or access Content, Your device must meet certain system requirements, which may include but not be limited to having high speed internet access. You are responsible for any and all internet access and data transmission charges. Please check with Your internet provider for information on possible internet data usage charges.
15. Term and Termination
15.1. These Terms shall remain in full force and effect unless and until your account is terminated as provided herein. Any licenses contained in this Terms will terminate automatically without notice if you fail to comply with any provision of this Terms.
15.2. The Proprietor further reserves the right to terminate this Terms for any or no reason and at any time without liability to You.
15.3. You may also terminate this Terms for any or no reason and at any time. Upon such termination for any reason, You shall cease to have access to Website.
15.4. The Proprietor will not be liable for any costs, expenses, or damages as a result of the termination of these Terms.
16. Limitation of Liability.
This limitation of liability is part of the basis of the bargain between you and the Proprietor and shall apply to all claims of liability whether direct, indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement or your use of website or due to specifications, content, or other programs and services provided by website, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not you have been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed its essential purpose.
17. Indemnification.
If anyone brings a claim against the Proprietor related to Your actions, You will indemnify and hold the Proprietor and its affiliates harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Proprietor shall also have the right to hold You or such other person liable for the damages, losses and expenses which the Proprietor may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Proprietor provides rules for Your conduct, the Proprietor does not control or direct Your actions on Website and is not responsible for any of Your actions in using Website. The Proprietor is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on Website. The Proprietor is not responsible for the conduct, whether online or offline, of You.
18. Additions and Alterations to Terms of Use
The Proprietor reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting. The Proprietor will inform You of such additions/alterations through e-mails or messages to Your account, notices posted on Website, or through other means available. These additions/alterations will not apply retroactively and will become effective from the date they are posted on Website.
19. Governing Law, Jurisdiction and Dispute Resolution.
These Terms shall be governed by, interpreted and construed in accordance with the laws of Republic of India. User will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law at Hyderabad, Telangana.
If anyone brings a claim against the Proprietor related to Your actions, User information, or any other information provided by You to the Proprietor, You will indemnify and hold the Proprietor harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Proprietor shall also have the right to hold You or such other person liable for the damages, losses and expenses which the Proprietor may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Proprietor provides rules for Your conduct, the Proprietor does not control or direct Your actions on Website and is not responsible for the User information You transmit or share on or use on Website or for any of Your actions accessing the Content. The Proprietor is not and shall not be responsible for Your conduct, whether online or offline, in the dealings with or facilitated by Website and the Proprietor.
20. Miscellaneous.
20.1. These Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the remaining Terms, which shall remain in full force and effect.
20.2. No waiver of any breach or default of these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms should not be used for any interpretative purposes as these are for mere convenience of the User.
20.3. All of the Proprietor’s rights and obligations under these Terms are freely assignable by the Proprietor in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
20.4. The Proprietor reserves the right to research and publish general user behavior categorized at its discretion.
20.5. By using the Website and these Terms, You agree to receive account and feature e-mails, calls and messages from the Proprietor.
20.6. Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Proprietor for the technical administration of Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Website may allow authorized third parties to place or recognize a unique cookie on the Your browser. The Proprietor does not store personally identifiable information in the cookies.