TERMS OF SERVICE
The Terms of Service, contained herein on this webpage, shall govern your use of this website, which includes all pages, content and information provided within this Website. These terms shall be applicable in full force without any exceptions and shall be affecting your use of Our Website. By using this Website, you automatically and expressly accept all Terms of Service and Privacy Policy. You mustn’t use this Website in case of any objections which You may have to any of the terms and conditions which are mentioned as below on this webpage.
GENERAL:
The Website named, “www.ShomiHealinmgs.com” (hereinafter referred to as the “Website”) is owned and operated by Shomi Healings Management. The Website is an online platform which aims at providing information and services about Healing in various format and on a variety of subjects. The objective of the Website is to help educated and guide, divine soul’s the correct path for healing. It is advised that You read all the terms and conditions which have been mentioned on this webpage and fully acknowledge the fact that Your usage of Website signifies Your consent to be on the Website and that, You have agreed to all the Terms of Service as noted below and above. It is advised that these Terms are read in consonance with the Privacy Policy. This document has been drafted and published on an electronic platform and thus, is in accordance with Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011, which requires publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the website and being generated by a computer system, it does not require any physical or digital signatures. It shall be noted that for the sake of brevity, the following terms have been used in this Terms of Service and the same shall be read in the similar context, wherever required: · “You”, “Your” or “User” refers to the person visiting, accessing, browsing through and/or using the Website at any point in time; · “We”, “Us”, “Our” refers to the website and/or the Firm and/or the owners of the Firm, depending on the context; · “Host” shall refer to any person who puts notification/content/information with regards to any webinar and refers to anyone except the owners of the Website and its owner Firm; · “Website” shall refer to “www.shomihealings.com”. It shall be noted that We hold the sole right to modify/amend/delete any terms within this Terms of Service without any prior permission from You or without providing any prior notice to You regarding the same. By virtue of You using this Website and availing the services provided thereof, you automatically consent to such periodic changes of terms, which might or might not take place. It is Your duty to periodically check the Terms of Service and the Privacy Policy. Your continued use of the Website signals Your consent to the Terms of Service, which includes compliance with the Terms of Service even after any altercation. This point is also applicable to the Host, conducting webinars and putting information regarding the same on the Website.
REGISTRATION AND FORMATION OF AN ACCOUNT ON THE WEBSITE:
To be able to access the services provided and purchase the same, it is a requisite to create an account. By creating an account, the Users will be giving out their basic information, and the same shall be collected and recorded by the Website. The following details are needed, and only these shall be collected by the Website: · First and last name · Email address · Educational requirements · Mobile phone number · Demographic profile (like your age, gender, address, etc.,) · Other contact details. To create an account, You need to choose a username and password. It must be noted that it is the duty of the User to keep their registration details updated, correct and current, so as to avail communications relating to purchases from the Website. You also have the option of linking your social media account such as Facebook, Google Plus etc., with your account as created on the Website (hereinafter referred to as Shomihealings.com Account). Basic details from your social media account such as name, age, gender, location and e-mail address, shall be collected by the Website. Any information collected is subject to the Privacy Policy. It is exclusively Your responsibility to protect the confidentiality of your username and password of your account, and any activity carried out from Your account shall be deemed to have been carried out by You. Website or the Firm shall not be responsible for any actions that result out of action by You which results in loss of data or any other confidential information which includes any financial information. It is expressly agreed that Firm shall not indemnify You for any such misuse. Your account is liable to be permanently deleted, if it is found that You are providing the Website with false/inaccurate/maliciousdetails OR if the Firm has reasonable grounds to suspect or believe that the informationprovided is false/inaccurate/malicious. All the above mentioned terms under this section titled “Registration and formation of an account on the Website”, are also applicable to Host, which means in event of suspicious details being posted about any webinar, or the Website believes that such details are false/inaccurate, then the account and details of the webinar may be permanently deleted.
ELIGIBILTY TO USE THE WEBSITE:
Services which are being provided on the Website would be available to whole of India. Persons who are NOT eligible to enter into a contract as under Section 11 of the Indian Contract Act, 1872, are NOT eligible to use the Website. However, a minor, that is a person under the age of 18 years and over the age of 13, may avail the services of this website under the supervision of a parent and/or legal guardians who are willing to be bound by the Terms of Services and Privacy Policy.( Is this even applicable ?) Shomihealings.com reserves the right to terminate or refuse your registration, or refuse to permit access to the Site, if it is discovered or brought to its notice that you are a minor. Firm reserves the right to block or remove any content which is false, malicious, misleading, or against the Law or any statutory provisions of the county without assigning any reasons whatsoever.
SECURITY:
Any transaction carried out on this Website is secured and Protected, and the information entered by the User during such transactions are encrypted so as to protect the unintentional disclosure of details to third parties. NO information regarding the User’s credit/debit card or any another form of payment and details thereof, are received/stored/retained by the Website/Firm. This information goes directly to the relevant payment gateway, which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and financial institutions and payment franchisees that it is associated with. The Firm only acts as an intermediary to facilitate the payments.
COMMUNICATION ON/IN RELATION TO THE WEBSITE:
By using this Website it is to be assumed that you have given your consent to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from Us at any time, by using the details of the contact information that you have provided to our Website, at the time of registration and formation of a Shomihealings.com account. You also agree to receive promotional calls or newsletters from the Firm and its partners, including any information from the third parties. The user has the option of opting out of such communication and/or newsletters either by unsubscribing from the Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to shomihealings@gmail.com You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. The sharing of the information provided by you will be governed by the Privacy Policy and we will not give out such contact information of yours to third parties not connected with the Website.
LICENSE AND ACCESS:
The Firm grants the Users a limited right to access the content on website and make personal use of the Website, but this right does not extend to downloading or modifying any page or part thereof. It shall be duly noted that this sub-license does not extend or include the right/permit to resale any part of the Website, or make any commercial use of it or its content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Reproduction, duplication, copying, reselling, selling or otherwise exploiting the Website or its trademark, logo, or other proprietary information (including images, text, page layout, or form) is strictly prohibited. Usage of any meta tags or any other “hidden text” utilizing the Website’s/Firm’s name or trademarks without the express written consent of the Firm is also strictly prohibited and violation of the same can result in strict legal action against the person violating these terms. It is strictly prohibited to gain any unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, ‘password mining’ or any other illegitimate means. The aforementioned terms also apply to Host.
USER AND HOST OBLIGATIONS:
By visiting the Website and using the service provided,User and the Host, hereby undertake to NOT host, display, upload, modify, publish, transmit, update or share any information which: · Belongs to another person and to which You do not have any 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 whatsoever; · Harms minors in any way; · Infringes any patent, trademark, copyright or other proprietary/intellectual property rights; · Violates any law in force; · Deceives or misleads the Website about the origin of such messages communicates any information which is grossly offensive or menacing in nature; · Impersonates another person; · Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource and thereby harms the Website in any way; · 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; · Is misleading or known to be false in any way; · Causes or outrages a woman’s modesty, including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; · Posts any content on the Website that infringes the copyright, patent or trademark of the Website or any other legal entity, including the Host’s; · You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website; · Collect or store data of any other Users in connection with the prohibited conduct and activities set forth under this Section; · Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; · Violate the Terms of Service including but not limited to any applicable Privacy Policy contained herein; · Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; · Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers; · Acknowledge and agree that by accessing or using the Website, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to the Website. · Acknowledge and understand the fact that You solely remain responsible for the material being posted from your account. The Website has no liability on the type of content of messages which might be produced through Your account. Further, it is clearly stated that reproduction, copying of the content for any purposes and unwarranted modification of data and information within the content of the Website is NOT PERMITTED. It shall also be noted that We have no obligation to monitor the materials posted on the Website. Although, We do reserve the right to monitor /modify/amend/edit any content which goes against the general principle of public morality, laws, or violates any terms posted here in the Terms of Service and also monitor/edit/modify/amend any content or material which goes against the spirit of the Website.
MEMBERSHIP TO WEBSITE (PRICING):
The membership and services rendered thereof to the Users and Hosts is free of cost, but these are subject to change in future. The right of making such changes rests solely with the Website/Firm. If such changes do take place, the Users and Hosts will be informed about the same, and thus, it shall be up to them to make any decisions regarding the membership to the website. The courses/webinars on the Website are not offered by the Website itself, therefore, some courses or webinars might be paid, for which the Hosts might ask the users to make payments in furtherance of the same. Such transactions will take place directly between these two parties. In case of any mishaps on the part of Host towards the Users during payment, the Firm does not take any liability for the same.
MODES OF PAYMENT:
The following payment options are available on the Application: · Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks; · Visa & Master Card Debit cards; · Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’. As per the rules and regulations of the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the Users will be required to submit their 16-digit card number, card expiry date and the CVV, while making such online transactions. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the Host. It must be expressly noted that any payment related dispute shall be handled directly between the User and the Host and the Website has no liability in event of any issues arising out of payment disputes/frauds etc. The User is further made aware that in case of third-party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Firm has no control over the same. To successfully subscribe on the webinar or the service, the User is required to complete the transaction by making the payment for the services opted for. It shall be noted that no other format of payment (such as cash) is allowed.
COPYRIGHT AND TRADEMARK:
The Website and the Host expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Website. Mere access to our Website does not confer the right on any User and should not be considered as conferring upon anyone any license of the Firm’s or any third party’s intellectual property rights. Access to the Website does not authorize anyone to use any name or logo or anyother design marks. The same shall not be modified or reproduced or copied in any form. All rights, including copyright, in and to the Website are owned by or licensed to the Firm. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without express permission of the Firm. Names, logos and all other related product and service names, design marks and slogans are the trademarks/service marks of the Website and Firm, its affiliates, its partners or its suppliers/service providers. The Website/Firm is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If You decide to access a link of any third-party websites, You do so entirely at your own risk and expense.
DISCLAIMER OF WARRANTIES AND LIABILITIES:
You expressly understand and agree that, to the maximum extent permitted by applicable law: · That the website, services and other materials are provided by this website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied. · Warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Website makes no warranty and takes no liability of the fact that- • Your requirements will be met or that the services provided would be timely, uninterrupted, secure, reliable or free of any error. • Any material or information received will result in effective and accurate outcome. • Any errors or defects occurring on the Website or the services provided thereof will be corrected. · To the maximum extent permitted by applicable law, we will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Website also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content. · The User and Host understands and agrees that any material or data downloaded or otherwise obtained by way of the Website is done entirely on their own discretion, risk and expense, and he shall be solely responsible for any damage arising to their computer systems or any other loss of data that results from such downloaded content. · The Website takes no liability for any type of typographical error which might lead to invalidity of a coupon. · The Website takes no liability for any error or omission arising out of the information provided to the User or Host, whether on its own behalf or any third party. · We shall not be liable for any third-party product or services. the advertisement available on e-mail or website with respect to the third-party website or the products and services are for information purpose only. · The Website only posts information relating to various webinars on a variety of subjects/fields. We do not provide any sort of advice/aid about any of the subjects or fields. · The Website takes reasonable care and does monitor all the content posted by Users or Hosts. But in the event of any salacious/malicious/erroneous/wrong/defamatory content being posted on the Website, We (the Website/Firm) shall not be held liable for the same. · The Firm does not endorse any product or software but reliance on such product and software by the user and any loss suffered as a result of which shall not be the responsibility of the Firm and/or website. · The Website’s sole aim and purpose is to provide a platform to the Users where they have access to a variety of webinars and other service relating to webinars and course, which are going to be made available by the Host. The Website/Firm only projects information regarding webinars and facilitates the process of joining such services. Website has no part in conducting such webinars, hence is not liable for any damage which may arise out of such services to either User or Host.
JURISDICTON IN CASES OF DISPUTE:
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. · Mediation: This is the first stage. In case of dispute, the same shall be attempted to resolved by way of mediation. A mediator, who is a neutral third party and appointed by all the parties to the dispute with consensus. In the event where the parties are not able to reach any decision as to who the mediator shall be, the Firm reserves the right to decide who the final mediator is. The agreed terms reached through mediation shall be signed by all the parties. · Arbitration: This is the second stage. In the event where the parties are not satisfied or even if one party is not satisfied with the outcome of mediation, arbitration may follow as the next step. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, Maharashtra, India. The proceedings of arbitration shall be in the English language. The arbitrator’s final decision and award shall be final and binding on the Parties. In the event where disputes may not be resolved through by either mediation or arbitration, it may be referred to the courts at Jamnagar, Gujarat, India.
INDEMNIFICATION AND LIMITATION OF LIABILITY:
You agree to indemnify, defend and hold harmless this website/Firm including but not limited to its affiliate vendors, agents and employees 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 service. Further, You also 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 Website, any claim that Your material caused damage to a third party, Your violation of the terms of service, or Your violation of any rights of another, including any intellectual property rights. Host agrees to indemnify, defend and hold harmless this website/Firm including but not limited to its affiliate vendors, agents and employees 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 Host pursuant to these terms of service. Further, Host also agrees to hold the Firm harmless against any claims made by any third party due to, or arising out of, or in connection with, use of the Website, any claim that the material caused damage to a third party, violation of the terms of service, or violation of any rights of another, including any intellectual property rights. In no event shall the Website, its officers, directors, employees, partners or suppliers be held liable to You, Host, the vendor or any third party for any direct, special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
PRIVACY:
The Website encourages you to go through the Privacy Policy before accessing the Website. Your use of Our Website shall be taken as an indication of your consent to the Privacy Policy. Users and Hosts are required to go through the Privacy Policy and then consciously use their details and personal information and thereby make informed decisions about the same. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is completely voluntary on Your part. Further, You acknowledge that you consent and agree that we may have access to preserve or disclose any information that You submit about Yourself to the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.
TERMINATION:
This Terms of Service Agreement is effective to its full extent unless its been terminated either by the User, Host or the Website. The User or Host may terminate this agreement at any time by discontinuing the use of this website and the services provided by it. The Firm may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. The Website’s/Firm’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel Your obligation to pay for product(s) already ordered from the Website or affect any liability which may have arisen under this User Agreement prior to the date of termination.
SEVERABILITY:
If any part of the provision of these Terms of Service is held to be invalid, illegal or unenforceable by any competent authority, then the validity, legality and enforceability of the remaining provisions of this document shall is no way be affected or impaired. All the provisions, except the invalidated one, shall be valid and enforceable to the fullest extent permitted by law. In cases of invalidity of any part of this Terms of Service, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
CONTACT US:
In the event of any doubts or questions that one might have in relation to this Website, that is, Shomihealings.com, or if You want to share any experience with respect to the services offered by this Website, you are invited to email us at contact@shomihealing@gmail.com