TERMS OF USE & PRIVACY POLICY

1. These terms of use (the “Terms”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access the web based platform www.vachakmitra.com on desktop or mobile (collectively, the “Platform”), operated and managed by Mr. Vijaykumar Gopalrao Pawar acting on behalf of itself and having its office at Flat No 202, A Wing, Vision Ace Society, Tathwade, Pune 411033, Maharashtra, India. (the “Owner”).

2. This Terms is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. The Terms is (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures by the Owner.

3. These Terms apply to all users of the Platform, including those users who view and access the Content and also users who are contributors of the Materials. “Materials” includes (i) the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials and (ii) comments and content that You may contribute in any manner on a particular section of Platform via features or functionalities to the Platform.

4. By accessing the Platform, You expressly accept these Terms and the Privacy Policy and agree to be legally bound by them. Further, by furnishing Your personal information to the Owner or giving Your consent to the Owner to access Your personal information for the purpose of rendering the Services (as defined below), You also agree that You are interested in availing the Services through the Platform in accordance with these Terms.

5. The Owner retains an unconditional right to modify or amend these Terms without any requirement to notify You of the same. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. Your acceptance of the amended Terms shall signify Your consent to such changes and agreement to be legally bound by the same.

6. Services

You acknowledge that the Platform allows You to avail the following services including:

6.1. The Platform provides easily accessible content, connections and communications that powers brand and business objectives generated, developed or produced by the Owner or aggregated, obtained and/or licensed through third party sources.

The aforementioned services shall be collectively referred to as the “Services”. The Owner may, at its discretion, add, modify, or remove any of the Services listed above from time to time without special notice. The Owner may also, at its discretion, have terms and conditions specific to any category or section in addition to these Terms

6.2. In case of any dissatisfaction with the Services, You shall first file a formal complaint with the customer service of the Owner, prior to pursuing any other recourse. The complaints can be lodged at vachakmitra21@gmail.com, and by lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The Owner shall aim to resolve the complaints as soon as possible.

6.3. The Owner does not (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise with respect to the Services; and (ii) discriminate between Users of the same class or arbitrarily classify the Users. Also the Platform is complaint with the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR) Data Protection Rights. In case of any conflict or request, You can reach out to the Owner on the mail address or write to the postal address given above.

6.4. The Platform does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records. The Platform encourages all parents and guardians to observe, participate in, and/or monitor and guide the online activity of children for added protection of data.

6.5. The Platform uses ‘cookies’ which store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information. You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.

6.6. By using our Services, you agree that Google (Our Advertising Partners / third party vendors) can use such data in accordance with our privacy policy. You and Google also agree to the Google Ads Controller-Controller Data Protection Terms. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

7. Payment related Information
The Platform does not accept any payments whatsoever.

7.1. The Owner is not liable for any payments authorized using Your Payment Details by any third party providing misleading information.

7.2. The Platform shall not be responsible for any unauthorized transactions conducted by anybody accessing our Platform. The Platform shall not be obligated to refund any money to You in such instances.

8. Refunds and Cancellations

Since the Platform does not accept any payments, it is not liable to any kind of Refunds or Cancellations.

9. Use of the Platform

9.1. Subject to compliance with the Terms, the Owner hereby grants You a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the Services through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by the Owner and/or other Users.

9.2. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Owner. You shall not use any 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

10. The Platform includes third-party content, advertising information or promotional material (“Ad-Content”) and it is hereby clarified that Owner is not responsible or liable for any third-party Ad-Content, the intellectual property, and other proprietary rights in the third-party Ad-Content. Owner is not responsible for the accuracy of any Content which may be accessed by You and Your use of the Platform, the Ad-Content and the Content, including Your election to view, interact with or action upon the same is at Your sole risk and discretion.

10.1. You authorize Google and its affiliates to place Your advertising related online data, materials, feed data, and technology (collectively, “Ads” or “Creative”) on any content or property (each a “Property”) provided by Google or its affiliates on behalf of Google or, as applicable, a third party (“Partner”). Customer is solely responsible for all: (i) Ads, (ii) Ads trafficking or targeting decisions (e.g., keywords) (“Targets”), (iii) destinations to which Ads direct viewers (e.g., landing pages, mobile applications) along with the related URLs, waypoints, and redirects (“Destinations”), and (iv) services and products advertised on Destinations (collectively, “Services”).

11. Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:
1. belongs to another person and to which the User does not have any right;
2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
3. is harmful to child;
4. infringes any patent, trademark, copyright, or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
7. impersonates another person;
8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
9. contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
11. 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 sites;
12. violate the Terms contained herein or elsewhere; and
13. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

12. You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.

13. Data Protection

13.1. The Owner may send information and offer services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, the Owner reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the Owner.

13.2. For Platform to provide optimum user experience, The Owner may collect and/or obtain certain User information (including device-related information, IP address, location data etc.). All such User information shall be collected, used and processed in accordance with the provisions of the Privacy Policy. The Privacy Policy explains how we collect, use and share Your data when You use Platform. Platform provides You the ability to disable certain features or opt out of targeted advertising. To change these settings, please visit the settings page of Your Device as stated above. For opting out of targeted advertising you may use the limit ad tracking feature by Google Ads or similar features in Your Device.

13.3. Further, the Owner can (and you authorize the Owner to) disclose your Personal Information (as defined in the Privacy Policy), and to third parties as we in our sole discretion believe necessary or appropriate for rendering of Services.

14. Intellectual Property Rights

14.1. The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Media Content”) on the Platform is licensed to the Owner and the design, structure, selection, coordination, expression, look and feel and arrangement of such Media Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

14.2. Unless otherwise stated trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Owner and its Affiliates or other respective third parties, as the case may be.

14.3. Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of the Owner and are protected under applicable laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Owner; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Platform/ Service, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

15. Indemnification and Limitation of Liability

15.1. You agree to indemnify, defend and hold harmless the Owner and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, representatives and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees 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 and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.

15.2. In no event shall the Owner and its officers, partners, consultants, agents, and employees, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform.

15.3. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

16. Violation of the Terms

You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Owner, for which monetary damages would be inadequate, and You consent to the Owner obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Owner may have at law or in equity.

17. Governing Law and Jurisdiction

These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Pune, India.

18. Grievance Redressal Mechanism

18.1. Grievance Handling: If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, You can contact the designated Grievance Officer of the Owner, at vachakmitra21@gmail.com.

18.2. The Grievance Officer of the Owner shall acknowledge the User grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, within 72 hours of receipt of the same and shall endeavour to redresses the same at the earliest and in no event later than 45 (forty five) days of receipt of such request.

19. Communications

You hereby expressly agree to receive communications by way of SMS, telephone calls, WhatsApp /or e-mails from the Owner and other third parties duly authorised by the Owner. You hereby expressly consent to the monitoring and recording, by the Owner of any and all communications between You and the Owner or its agents, employees, consultants, contractors, or representatives of the Owner or of their authorised partners, and such monitoring or recording waives any further notice or consent requirement under the applicable laws.

20. General Provisions

Notice: All notices from the Owner will be served by email to Your registered email address or by general notification on the Platform.

21. IP Infringement

If You believe the Platform violates Your intellectual property, You must promptly notify Owner in writing at vachakmitra21@gmail.com. These notifications should only be submitted by the owner of the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
1. the intellectual property that You believe is being infringed;
2. the item that You think is infringing and include sufficient information about where the material is located on the Platform;
3. a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
4. Your contact details, such as Your address, telephone number, and/or email;
5. a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
6. Your physical or electronic signature.

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