PERSONAL DATA COLLECTION
You may be asked to provide the Company with information that personally identifies you or allows us to contact you (“Personal Data”), if necessary, to carry out a transaction or other service that you have requested in connection with use of the Website. The Personal Data the Company gathers, stores and uses may include the following information:
Information about your computer including your IP address, geographical location, browser type and version, and operating system;
Information about your visits to and use of this website including the referral source, length of visit, page views, and Website navigation paths;
Information, such as your email address, that you enter when you register with the Website;
Information that you enter when you create a profile on the Website—for example, your name, profile pictures, gender, birthday, relationship status, interests and hobbies, educational details, and employment details;
Information, such as your name and email address, that you enter in order to set up subscriptions to our emails and/or newsletters;
Information that you enter while using the services on the Website;
Information that is generated while using the Website, including when, how often, and under what circumstances you use it;
Information relating to anything you purchase, services you use, or transactions you make through the Website, which includes your name, address, telephone number, email address, and credit card;
Information that you post to the Website with the intention of publishing it on the internet, which includes your username, profile pictures, and the content of your posts;
Information contained in any communications that you send to us by email or through the Website, including its communication content and metadata; and
Any other personal information that you send to the Company.
PERSONAL DATA USE
The Personal Data collected on the Website will be used to operate the Website and to provide service(s) and/or carry out the transaction(s) you have requested or authorized in connection with the Website. More specifically, the Company may use your personal information for the following purposes:
Administering the Website and the Company’s business;
Personalizing the Website for you;
Enabling your use of the services available on the Website;
Sending you goods purchased through the Website;
Supplying services purchased through the Website;
Sending statements, invoices, and payment reminders to you, and collecting payments from you;
Sending you non-marketing commercial communications;
Sending you email notifications that you have specifically requested;
Sending you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
Sending you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
Providing third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
Dealing with inquiries and complaints made by or about you relating to the Website;
Keeping the Website secure and prevent fraud;
Verifying compliance with the terms and conditions governing the use of the Website (including monitoring private messages sent through our website private messaging service); and
If you submit personal information for publication on the Website, the Company will publish and otherwise use that information in accordance with the license you grant to it.
The Company will not, without your express consent, supply your Personal Data to any third party for their or any other third party’s direct marketing.
When you sign up for or agree to receive promotional e-mail or other offers made in connection with or via use of the Website, the Company may use customized links or similar technologies to track e-mail links that you click. The Company may associate that information with your personal information or Personal Data in order to provide you more focused e-mail communications, use of the Website or other services and information related to, offered on or available through the Website. The Company will provide means to unsubscribe to e-mail communications that allows you to stop delivery of that type of communication.
DISCLOSURE OF YOUR PERSONAL DATA
The Company may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) as reasonably necessary for the purposes set out in this policy.
The Company may also disclose your Personal Data as follows:
To the extent required to do so by law;
In connection with any ongoing or prospective legal proceedings;
In order to establish, exercise, or defend the Company’s legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
To the purchaser (or prospective purchaser) of any business or asset that the Company is (or are contemplating) selling; and
To any person the Company reasonably believes may apply to a court or other competent authority for disclosure of that Personal Data where, in the Company’s reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Data.
Except as provided in this policy, we will not provide your Personal Data to third parties.
INTERNATIONAL DATA TRANSFERS
Information and Personal Data that is collected may be stored, processed in, and transferred between any of the countries in which the Company operates, or in which our providers operate, in order to enable us to use the information in accordance with this policy.
Information and Personal Data that is collected may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: (1) the United States of America; (2) Russia; (3) Japan; (4) China; and (5) India.
Personal Data and information that you publish on the Website or submit for publication on the Website may be available, via the internet, around the world. The Company cannot prevent the use or misuse of such information by others.
You expressly agree to the transfers of Personal Data and information as described in this section.
RETENTION OF YOUR PERSONAL DATA
This Section sets out the Company’s data retention policies and procedures, which are designed to help ensure compliance with our legal obligations regarding the retention and deletion of Personal Data.
Personal Data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. The Company does not delete Personal Data on any particular dates or times.
The Company will retain documents (including electronic documents) containing Personal Data:
To the extent required to do so by law;
If the Company believes that the documents may be relevant to any ongoing or prospective legal proceedings; and
In order to establish, exercise, or defend the Company’s legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
Except as otherwise described in this statement, personal information and Personal Data provided to the Company with regard to use of the Website will not be shared outside of this Website and its controlled subsidiaries and affiliates without your permission.
The Company may send out periodic e-mails informing you of certain services or products offered by it, its subsidiaries and affiliates, concerning technical services or security issues related to a product or service you requested or otherwise related to your use of the Website, or confirming a requested product or service related to the Website. Contact with the customer is an intrinsic part of the product or service being offered. You will not be able to unsubscribe to these e-mails as they are considered an essential part of the product(s) or service(s) you have chosen.
PERSONAL DATA SECURITY
The Company is committed to protecting the security of your Personal Data. The Company, through its selected service providers, uses a variety of security technologies and procedures to help protect your personal information and Personal Data from unauthorized access, use or disclosure. In this regard, the Company will:
1. Take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your Personal Data;
2. Will store all the Personal Data you provide on secure (password- and firewall-protected) servers; and
3. Will protect all electronic financial transactions entered into through the Website with encryption technology.
You acknowledge that the transmission of information over the internet is inherently insecure. The Company cannot guarantee the security of data sent over the internet.
You are responsible for keeping the password you use for accessing the Website confidential. The Company will not ask you for your password (except when you log in to our website).
You may instruct the Company to provide you with any Personal Data it holds about you. In order to obtain such information, you must provide the Company with the following:
Payment in the amount of INR 5000.00; and
Supply appropriate evidence of your identity. For this purpose, the Company will usually accept a photocopy of your passport certified by a notary plus an original copy of a utility bill showing your current address.
We may withhold Personal Data that you request to the extent permitted by law.
You may instruct us at any time not to process your Personal Data for marketing purposes.
In practice, you will usually either expressly agree in advance to our use of your Personal Data for marketing purposes, or we will provide you with an opportunity to opt out of the use of your Personal Data for marketing purposes.
THIRD PARTY WEBSITES
The Website may include hyperlinks to, and details of, third party websites. The Company has no control over, and is not responsible for, the privacy policies and practices of third parties.
UPDATING PERSONAL DATA
Please let the Company know if the Personal Data that it holds about you needs to be corrected or updated.
The following cookies are used on the Website: (1) Google Analytics; (2) Adwords; (3) Infusionsoft; (4) Optin Monster; and (4) Ninja Pop-Ups. These cookies are used for the following purposes on the Website: (1) visits to the Website; (2) tracking users as they navigate the Website; (3) enabling the use of a shopping cart; (4) improve the Website’s usability; (5) Website use analytics; (6) Website administration; (7) fraud prevention and security improvements; (8) user personalization; and (9) advertisement targeting.
Most browsers allow you to refuse to accept cookies—for example:
In Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools,” “Internet Options,” “Privacy,” and then “Advanced”;
In Firefox (version 24) you can block all cookies by clicking “Tools,” “Options,” “Privacy,” selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
In Chrome (version 29), you can block all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Content settings,” and then selecting “Block sites from setting any data” under the “Cookies” heading.
Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on the Website.
You can delete cookies already stored on your computer—for example:
In Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835 );
In Firefox (version 24), you can delete cookies by clicking “Tools,” “Options,” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies,” and then clicking “Remove All Cookies”; and
In Chrome (version 29), you can delete all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Clear browsing data,” and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data.”
Deleting cookies will have a negative impact on the usability of many websites.
ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
Through the Site and its related properties, the Company provides you with access to and the ability to purchase products, receive services and other information, and, subject to certain membership enrollment requirements, to participate in one of more communication forums (collectively referred to as the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of other Site properties, are subject to this TOU.
NOTICE SPECIFIC TO DOCUMENTS AND OTHER INFORMATION POSTED ON THE SITE.
As mentioned above, the Site and its related properties provide certain users with the opportunity to participate in one or more communication forums as part of the Services. The Company grants permission to view, access and/or use Site video content, documents (such as white papers, press releases, datasheets, FAQs, PDF files, etc.) and other materials (the “Content”) from the Services provided that (1) your use of the Content made available through the Services or the Site does not violate the terms and conditions of these TOU, (2) your use of the Content made available through the Services or the Site is informational and non-commercial/personal use only and it will not be copied to or posted on any network computer, website, unaffiliated communication forum, social network or otherwise broadcast in any form of media, and (3) no modifications are made to any Content. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce Content for distribution in the classroom on a limited basis. Distribution of Content outside the classroom requires the Company’s express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The above-specified Content does not include the design or layout of the Site or any other material owned, operated, licensed or controlled through the Site. Elements of the Site are protected by copyright, trade dress, trademark, unfair competition and other governing laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted in writing by the Company.
The Company and/or its respective affiliates, service providers and suppliers make no representations about the suitability for any purpose of the information contained in whole or in-part in any Content and/or as represented in any related graphics published as part of the Services. All such Content and related graphics are provided on an “as is” basis and without warranty of any kind. The Company and/or its respective affiliates, service providers and suppliers hereby disclaim all warranties and conditions of merchantability (whether express, implied or statutory), fitness for a particular purpose, title and non-infringement. In no event shall the Company and/or its respective affiliates, service providers and suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use, dissemination, viewing, response to or performance of any Content, information, product, data, merchandise, graphic image or other media represented on, purchased through or related to information posted on or disseminated in connection with the Site or the Services made available on the Site.
The Content, information, listings, postings, communications and related graphics published or otherwise disseminated or viewed in connection with the Services could include technical inaccuracies, typographical errors, or misstatements of condition, quality or otherwise. The Company is not responsible for, and makes no representations, warranties or assurances concerning information posted on, available through or otherwise acquired, purchased, exchanged or hypothecated through use of or related to the Services made available on the Site in any manner.
LIMITATION OF LIABILITY FOR SERVICES MADE AVAILABLE ON THE SITE.
In no event shall the Company and/or its respective agents, affiliates, service providers, suppliers or subsidiaries be liable for any actual, special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of, transaction with third parties based on postings, listings, Content or other information available through or in connection with the Services accessible through the Site. You expressly agree that the jurisdiction of the Bangalore City, without regard for any applicable conflict of laws principles, shall apply to any dispute concerning your use of the Services, Content or any other matter related to the Site. You further expressly agree and consent to the exercise of personal jurisdiction in the Bangalore Court for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You may also be required to select a password and/or a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorized use of your account or any breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use the account or password of any other member or user of the Services made available on the Site without the express permission said member or user of the Services.
NO UNLAWFUL OR PROHIBITED USE OF CONTENT AND SERVICES.
As an express condition of your use of the Services and Content made available on the Site, you agree not to use the Services and Content for any purpose that is unlawful or prohibited by the TOU or any other terms, conditions, and notices issued by the Company that are related to Site. You may not use the Services and/or Content in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Services and/or Content. You may not attempt to gain unauthorized access to any Services, Content, other accounts, computer systems or networks connected to any server or to any of the Services and/or Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any deceptive means or acts of misrepresentation, falsehood or fraud through use of the Services and/or Content.
USE OF SERVICES AND CONTENT MADE AVAILABLE ON THE SITE.
The Services and Content made available to you may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another’s computer or property of another;
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to for the same;
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Advertise or offer to sell or buy any goods or services through acts of deception, misrepresentation, fraud, or through the nondisclosure or withholding of material information related to the offered, sold or purchased goods or services;
Use any material or information, including images or photographs, which are made available through the Services and/or Content in any manner that infringes any copyright, trademark, patent, trade secret, or other propriety right of any party;
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Harvest or otherwise collect information about others, including e-mail addresses;
Violate any applicable laws or regulations;
Use download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof; and
Create a false identity for the purpose of misleading others.
The Company has no obligation to monitor the Communication Services or material posted on, listed on or otherwise disseminated through the Services. The Company, however, reserves the right to review materials posted to the Communication Services and to remove any and all material appearing on the Site with or without cause in its sole and absolute discretion. The Company further reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, appearing on the Site in its sole and absolute discretion.
The Company does not control or endorse the content, postings, listings, messages or information found in any Communication Services or related to the Services and Content and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and/or with regard to the Services and/or Content and any action resulting from your participation in any Communication Services, the Services and/or Content.
The company may upload Content or other material to the Communication Services and may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Any user-uploaded materials are strictly subject to the conditions set forth in these TOU.
MATERIALS SUBMITTED TO OR POSTED ON THE SITE.
The Company claims ownership and related rights of and to the Content, Services, graphical design, layout and related aspects of the Site. The Company does not claim ownership of the materials, information, posting, listings or other information provided to the Site (including feedback and suggestions) or posted, uploaded, imputed or submitted by third party users and/or members in connection with any Services, Content, Communication Services or associated services made available to the general public, membership community, Site visitors or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting the Company, its affiliate companies and necessary sub-licensees permission to use your Submission in connection with the Services and Communication Services, including, without limitation, an express right of license to: (1) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (2) to publish your name in connection with your Submission; and (3) the right to sublicense such rights to any subsidiaries, respective agents, affiliates, service providers or suppliers associated with the Services made available on the Site.
No compensation or commission will be paid by or otherwise owed by the Company to you with respect to the use of the Services, any Submissions or Postings. The Company is under no obligation to post or use any Submission you may provide for dissemination on the Site or through the Communication Services. The Company may remove the entirety, or any portion thereof, of any Submission and/or Posting at any time in its absolute and sole discretion for any reason whatsoever.
By Posting and/or making a Submission for dissemination on the Site or through the Communication Services, you expressly warrant and represent that you own or otherwise control all of the rights to the information, Content or other material contained in or associated you’re your Submission as described on these TOU including, without limitation, all the rights necessary to lawfully and without liability provide, post, upload, input or facilitate a Submission and/or Posting.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Images, if any, has provided consent to use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting or making a Submission containing Images, you are granting express permission to view the Images in connection with the use, as permitted by these TOU, of any of the Services and Communication Services made available on the Site to (a) all users of the Services and/or Communication Services and/or (b) to the general public (for each such Image made available or otherwise disseminated in connection with any of the Services, Communication Services or anywhere on the Site). No compensation or commissions will be paid by the Company, or to any user of the Services or the Site, with respect to your use, Submission or Posting of Images unless otherwise agreed to in writing.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Notification of claimed copyright infringement should be sent to the Company designated agent via electronic mail to firstname.lastname@example.org containing the phrase “Copyright Infringement Notification” in the subject matter line or through India Post addressed to SmarterYou – Copyright Infringement Notification, 10th Floor, Wework, RMZ Latitude, Hebbal, Bangalore, India PIN-560092.. The Company will not provide a response to any inquiry transmitted or sent to its designated agent that is not relevant to the foregoing copyright infringement notification procedure.
Any rights not expressly granted herein by the Company to the visitors, users or members of the Services and/or Content made available through the Site are reserved.
Online purchase Terms
Acceptance of Terms and Conditions for Online Product Purchases
This Acceptance of Terms and Conditions for Online Purchases (the “Agreement“) sets forth the terms of the relationship between the SmarterYou , with offices located at 10th Floor, Wework, RMZ Latitude, Hebbal, Bangalore, India PIN-560092, and you as the purchaser or consumer (“you“) as it relates to the purchase of goods and services offered online through smarteryou’s website and/or related online links (the “Online Products”). You and SmarterYou may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by purchasing one or more Online Products.
Term of Agreement. This Agreement shall apply to your purchase of one or more Online Products offered through smarteryou’s website and/or related online links.
Online Products Used at Your Own Risk. You acknowledge and agree that you are not guaranteed to achieve any specific, personal, professional or financial results or earn any specific amount of income by purchasing one or more of its Online Products. SmarterYou makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your purchase of one or more of its Online Products. You agree to use any one of the purchased Online Products at your own risk. You are solely responsible for any decisions and actions that result from your use of the Online Products. SmarterYou does not provide psychological, investment or financial advice. In addition, you are solely responsible for taking all actions necessary to ensure your medical safety.
Refund Policy. All Online Products are nonrefundable. Any purchase by you is deemed completed upon submission and acknowledgement that the form of payment provided in connection with the transaction may be charged by SmarterYou.
Ownership Rights and Proprietary Information. SmarterYou and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information made by SmarterYou (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by SmarterYou (or its affiliated entities) in connection with the Online Products or any Proprietary Information (as defined below). You agree that all materials provided by SmarterYou as part of the Online Products, which are confidential and proprietary in nature, will constitute SmarterYou’s “Proprietary Information.” You will personally use all materials related to the Online Products and not duplicate, replicate, distribute, copy or otherwise disseminate such materials to third parties without the prior written consent of SmarterYou.
Intellectual Property. You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials (the “SmarterYou Intellectual Property“) associated with the Online Products. You will not take any action that would interfere with or infringe upon the SmarterYou Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the SmarterYou Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the SmarterYou Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the SmarterYou Intellectual Property; (iv) use of any SmarterYou Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of SmarterYou and (v) any action that would pass off or create the appearance of an association with or endorsement by SmarterYou.
Modification. SmarterYou may modify or amend any of the terms and conditions contained in this Agreement, at any time and in SmarterYou’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable link for purchase of its Online Products or by otherwise advising you of the amendment/modification. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued purchase of any of SmarterYou’s Online Products following the posting of a change notice or a new version of the Agreement or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
Indemnification. You will indemnify, hold harmless and defend SmarterYou (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorneys’ fees) resulting from or arising out of your actions, your use of the purchased Online Products or your violation of this Agreement or applicable law.
Assignment. You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without SmarterYou’s prior written consent.
Limitation of Liability. SmarterYou (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your use of the Online Products, even if SmarterYou or its affiliated entities knew or should have known of the possibility of such damages. Further, SmarterYou’s aggregate liability arising with respect to this Agreement and the applicable Online Products will not exceed the total amounts paid or payable by you for purchase of the Online Products.
Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the Jurisdiction of India (Bangalore), without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against SmarterYou, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
Arbitration. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be exclusively (except as provided below) resolved by binding arbitration before the Court of Arbitration, Bangalore (CA). One arbitrator will be selected using CA procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, within 30 calendar days after the conclusion of the arbitration hearing. The arbitrator will not award attorneys’ fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Bangalore, Karnataka. Both Parties hereby give their irrevocable consent to the processes of the CA in Bangalore. Awards will be final, binding and non-appealable (except on the minimal grounds required under other applicable law).
Legal Age. By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
Relationship of Parties. You agree that by purchasing one or more of SmarterYou’s Online Products you are acting as an independent contractor, and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
Miscellaneous. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. SmarterYou’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of SmarterYou’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
Why you may have received unsolicited e-mails or e-mails from unfamiliar senders?
On occasion, you may receive what appears to be an unsolicited e-mail or an e-mail from a sender you do not know. Depending on the circumstances, these e-mails may or may not violate this Spam Policy or the TOU. For instance, the following are examples of permissible circumstances under which a potentially unsolicited e-mail or an e-mail from an unknown may have been received by you:
You may have signed up for an associated website’s and/or affiliate’s newsletters, promotions or services and have forgotten having done so;
You have an existing relationship (i.e., purchased something or use certain services) with an associated website and/or affiliate; and/or
Someone may have signed you up to receive an associated website’s and/or affiliate’s newsletters, promotions, services or e-mail communications without permission to do so.
Under the foregoing scenarios, the e-mail communication received would not violate the Company’s Spam Policy or TOU because it would have been authorized, or at least appear to have been authorized, by you or there is an existing relationship between you and the sender. Despite these circumstances, however, you may wish to stop receiving these e-mail communications.
What you can do to stop receiving unwanted e-mail communications.
The first thing you can do is see if the unwanted e-mail communication contains a hyperlink at the bottom of the message for opting out of or removing your e-mail address from future e-mail transmissions. If so, click on the hyperlink at the bottom of the message that is designated for opting out or removing you from further e-mail transmissions from the sender in order to stop receiving them in the future. If you click on the “remove” link at the end of a message sent by the Company or an associated website, you will be automatically removed from the customer subscriber list used to generate the e-mail communication.
Circumstances may arise where you have received spam in violation of this Spam Policy and the TOU. To report abusive e-mail activity, please send an e-mail to email@example.com that provides a description of the e-mail content, subject matter and sender’s identity so the Company can investigate the matter and, if warranted, appropriate action can be taken.
How the Company protects against spam originating from its servers.
The Company takes several steps to protect its online community from spam originating from its servers. To begin with, the Company only sends e-mail communications those who have provided their e-mail address and have indicated an interest in receiving future offers, newsletters, promotions and other information. Next, the Company carefully guards the information provided by its members and customers. For instance, e-mail addresses provided to the Company are securely maintained and access to this information is restricted. Furthermore, the Company endeavors to personalize its e-mail communications with information that demonstrates an existing relationship with those who receive e-mail messages from it.
The Company also does not allow any associated website or affiliate to send offers, newsletters, promotions and other information to those who have not requested them. Any such e-mail communications violate this Spam Policy and the TOU.
Moreover, the Company uses specific tools to make sure no one is signed up to a newsletter against their wishes. The Company additionally provides opt out or removal hyperlinks at the bottom of its outgoing e-mail communications.
The Company takes every reported spam incident seriously. In doing so, the Company carefully considers each reported spam incident in view of the customer or member’s cumulative behavior while using the Website and its related services or features.
What happens when an associated website or an affiliate is accused of spamming?
The Company takes the following steps if it receives a spam complaint involving an associated website or an affiliate:
The Company immediately checks to see if the associated website or affiliate is receiving an inordinate number of spam complaints, which may indicate a breakdown in protocol or some other procedure that requires corrective action;
If, after reviewing the spam complaints, the Company finds a mailing list to be compromised or questionable, it will restrict access by the website or affiliate in question until it is provided with an affidavit sufficiently attesting that the website or affiliate is in compliance with the Company’s Spam Policy and that it is not sending spam. An authorized representatives of the website or affiliate must sign the affidavit and its contents must be approved by the Company before any services or access is reinstated; and
The Company will not do business with any website or affiliate that refuses to agree to the Spam Policy, the TOU or any other agreement required by it. Moreover, the Company reserves the right, which may be exercised in its sole discretion, to terminate any business relationship with a website or affiliate that violates the Spam Policy or the TOU whether or not action is allegedly taken to remedy the circumstances giving rise to the violation.
Why a website or an affiliate named in a spam complaint is not simply cut-off.
Some may believe that the Company should immediately cut-off a website or an affiliate that is named in a spam complaint. The Company has decided against doing so. This is because the Company believes that such action would compromise legitimate e-mail Website-related communications and that it would be unfair to its members/customers. A number of possible scenarios exist whereby a website or an affiliate might be accused of sending spam e-mail communications despite having complied with the Spam Policy and TOU. In some cases, a spam complaint might be made by a disgruntled employee, dissatisfied customer or competitor seeking to disrupt Website access for an ulterior, improper purpose. Moreover, in many other cases, the Company may receive a spam complaint from someone who has simply forgotten he or she signed up to receive an e-mail communication from a website or an affiliate.
In short, the Company must investigate, evaluate and judge each spam complaint on its merits. The Company would not be effectively serving its members/customers by immediately refusing to do business with anyone before it has an opportunity to investigate and consider the circumstances of a spam complaint.
Changes to Spam Policy.
The Company, in its sole and absolute discretion, may change, alter, amend or modify this Spam Policy without notice to members, customers, affiliates and others by posting a copy of the newly operative version on the Website. All members, customers, affiliates and others that are subject to the Company’s Spam Policy shall be obligated to familiarize themselves with its terms and conditions together with periodically reviewing the Spam Policy posted on the Website for any changes, alternations, amendments or modifications to it.
How can I ask questions or raise concerns about the Spam Policy?
Please send any questions or concerns about the Spam Policy via e-mail to: firstname.lastname@example.org