Terms of Use/Service

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service/ Use for access or usage of the Service.

 

PLEASE READ THESE Term of Use (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY My Smart Soul Foundation (“Organisation”). BY AGREEING TO THESE TERMS AND CONDITIONS AND USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF ORGANISATION’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

This Terms of Use agreement shall apply to the use of the domain name www.mysmartsoul.com , and any other linked pages, features, contents or application services offered from time to time by Organisation. Any person logging on to or using the website/app (even when such person does not avail of any services provided in the website) shall be presumed to have read these Terms of Use and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between Users and Organisation. You can accept the Terms of Use by:

For the purpose of Terms of Use, the term “User” shall mean and include any natural or legal person who has agreed to use the Terms of Use on behalf of herself or any other legal entity. It is also to be noted that the Privacy Policy (which is provided separately) also forms an integral part of this Agreement and should be read along with.

Term of  Use may be altered, modified or revised by the Organisation at any time. Any such changes by the Organisation will become effective immediately. It is your responsibility to review this Agreement upon notification. By continuing to avail the services provided by our Organisation through our website you agree to the amended Terms of Use. Organisation is not responsible for making you understand the Agreement but in case of any query or to understand it better you may contact our Grievance officer/DPO as provided under Privacy Policy and at the end of this agreement as well.

 

1. Use of Service:

 

The Organisation may share any content uploaded by User or their Registration data with governmental agencies authorised under law to investigate, act for cyber security and protect. Therefore, if required under the law such information may be transferred for verification of identity, prevention, investigation and detection of any offence under law in force.   

 

2. Eligibility:

Your use or access of the website shall be treated as your representation that you are competent to contract and hence are above 18 (eighteen) years of age, in case not above 18 consent from parents and/or Guardians must be obtained. All the details provided during registration are truthful and accurate. In case you are representing any legal entity it shall be treated that you have representation and warranty from the legal entity you are representing. In general use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.  Moreover, the User represents and warrants that it will be financially responsible for the use of User’s account by others. The Organisation reserves the right to terminate your membership/ registration and/or refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are not competent to contract as per Indian Contract Act, 1872.

 

3. Registration and Security:

 

In order to use Organisation’s services you are required to register and login with a username and password, and thereafter you will be referred as Registered User. A registered user can access the questionnaire and self analyse karmas. You are required to provide accurate, complete and updated registration information and user shall be liable for all the activities that occur under your Organisation ID. Information provided by you is subject to privacy policy of the Organisation please refer the same at Privacy Policy.

Registered users are required to provide KYC information/ details to the Organisation, such as electronic copies of identity proof, address and any other such document as required under the law. Organisation has right to activate or deactivate user account after scrutinisation of all the details.

No user can i) select or use a Organisation User ID, a name of another person with the intent to impersonate that person; ii) use as a Organisation User ID, a name subject to any rights of a person other than you without appropriate authorisation. You shall be liable for maintaining confidentiality of your password. In case Organisation finds out that the information provided by you is incomplete, untrue, inaccurate than in those cases we have right to indefinitely suspend your Registration ID/ Account.

 

4. Advertisement:

 

Organisation’s some of the services may be supported by advertising revenue and may display advertisements and promotions. The manner, mode and extent of advertising by the Organisation are subject to change without any specific notice to you. In consideration of the Organisation granting you access and use of the services, you agree that the Organisation may place such advertising on the Website.  Organisation DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, AND ORGANISATION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

5. Authorisation:

 

By agreeing to this Agreement and accepting it, you are authorising us to distribute, hold, receive and settle funds on your behalf. As a result of your authorisation we are able to transfer the payments received from your buyers to the bank account designated by you for the purpose at the time of registration. Authorisation provided by you remains in force until the Organisation account is closed or terminated.

 

6. Disclaimer and limitation of liability:

 

In case of any technical, typographical error on the on the part your information submission, the Organisation shall not be made responsible for any such error/s or incorrect information.

In case you find other user’s information offencive, inconsistent, inaccurate or deceptive, Organisation cannot take responsibility regarding the same.  Please note that there could be risk in dealing with underage persons or people acting under false pretence. Organisation is not responsible for any fraudulent, abusive, or otherwise illegal activity done by any user.

Organisation does not have any special relationship with you or any fiduciary duty towards you. You acknowledge that the Organisation has no control over, and no duty to take any action regarding; which user gain access to the Services, what content is accessed via web, how contents might affect you, how the content is interpreted. The Organisation makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of Products offered or purchased through the Services. Products purchased (whether or not following such recommendations and suggestions) or the Services provided on the Website are provided “AS IS” without any warranty of any kind from the Organisation or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM THE ORGANISATION, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITMENT TO PERFORM SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS.

 

7. Indemnity:

 

You agree to defend, indemnify and hold Organisation, its directors, officers, employees, Affiliates Partners, and Content and Service Providers harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your ID and password or related to any violation of the Terms and Conditions by you or users of your of your ID and password, and any claims dispute or differences arising out of use website and App.

 

 

8. Fee and Payment:

You understand that you may be charged a fee with respect to your use of the services and the amount of the fee will be displayed to you on the payment page. You agree to pay all such fees and charges as may be applicable to the Services you use and authorise us to add fee to the amount of the bill payment you request. You agree and accept that the right to change the fee structure is reserved with the Organisation. In case of miner users parental and/or guardians agree and accept to pay such fees.       

 

9. Privacy Policy:

 

For information regarding the Organisation’s treatment of personally identifiable information, please refer to Organisation’s current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes  your acceptance and agreement to be bound by Organisation’s privacy policies.

 

10. Governing Law:

 

Your usage of this website are governed by and construed in accordance to laws prevailing in India. In case of any dispute, legal proceeding or infringement action users may approach competent courts or tribunals having jurisdiction in Ahmedabad courts, India.

 

11. Complaints, Grievances and Feedback:

 

In case you have any complaint or concern or feedback with regard to personal information or the content of the website users are requested to inform our DPO/Grievance Officer:

Person Authority: Data Protection Officer (DPO) Hitesh Soni

Website: www.mysmartsoul.com

Address: A/F-14, Jain Shashan Nagar, Part-1, Umiya Vijay, Satellite Road, Ahmedabad 380015

Email: help@mysmartsoul.com

Phone Number: 7990094620