TERMS OF SERVICE
GENERAL
In terms of the Information Technology statutes, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures.
This document is published in accordance with the provisions of Information Technology regulations that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of:
The website www.avnipalekar.com (hereinafter referred to as 'Website'), represented by Avni Palekar and owned by ‘The Invisible Crown'(‘the Firm’), is a sole proprietorship firm, having its registered office at 1302, Frangipani, Nahar Amrit Shakti, Chandivali, Mumbai, India, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires 'You' or 'User' shall mean any natural or legal person who has agreed to become a User of the Website by using it. The term 'We','Us','Our', ‘Company’ shall mean the Firm. 'Agreement' shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. 'Third Party' shall mean and refer to any individual(s), company or entity apart from the User and the Company. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
By using the Website, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Your use of Our Website is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Website by You is governed by this policy and any policy so mentioned by terms of reference. If you do not agree with any of these terms, please discontinue using the Website.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
SERVICE OVERVIEW
Avni Palekar is a business coach and marketing expert for emerging coaches and creative entrepreneurs. Avni Palekar through her Website supports her clients to set up and grow their own business and community, and increase their sales and income, through her coaching and consultancy services.
Currently, the services she offers through her website are as follows:
Private and group coaching programs
Information products and trainings
The above services shall be collectively referred to as 'Services'.
USE OF THE WEBSITE
Use of this Website is available only to those above the age of 18 years, barring those 'Incompetent to Contract' which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the application or availing any of its Services.
COMMUNICATIONS
By using this Website, it is deemed that You have consented to receiving emails from Us at any time We deem fit. Such communications shall be sent to You on the email id provided by You for the use of this Website which are subject to our Privacy Policy. These communications include, but are not limited to contacting you through information received from Third Parties. Such communications by Us is for purposes that inter alia include sending emails for clarification, marketing and promotional purposes. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls/ with regard to any communication received from Us, You may email Us at support@avnipalekar.com.
CHARGES
The User shall pay the Firm directly for the Services availed, as per the terms of this Agreement. However, We reserve the right to amend the fee and charges for each Service offered on the Website. In the event of such change in policy, Users shall be intimated of the same via email and subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
TAXES
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website.
MODE OF PAYMENT
Clients shall make all payments relating to the Services through the Website as mentioned in clause 2 (b). To process financial transactions on the Website, we use third-party payment processors (‘Payment Processor’). The processing of payments or credits, as applicable, in connection with your use of the Website will be subject to the terms, conditions and privacy policies of the Payment Processor and issuer in addition to this Agreement. All payments made shall be subject to realization and the Website is not responsible for any technical or non-technical payment failure. The Website is also not responsible for any errors by the Payment Processor. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that are incurred as the result of such dealings with the Payment Processor.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) 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 Company/Website.
USER’S OBLIGATIONS
The User agrees and acknowledges that he/she is a restricted User of this Website, and that:
You agree to ensure the email address provided by you is valid at all times and shall keep your contact information accurate and up-to-date.
You agree to comply with all local laws and regulations governing the use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
You undertake not to:
Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
Access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of 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 Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website Services, You may be exposed to content from other Users or Third Parties 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;
Use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; or (ii) any other party's use and enjoyment of Company’s services;
Use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
Download any file posted on the Website or the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
Probe, scan or test the vulnerability of the Website or any connected network, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, 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;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website or any affiliated or linked Websites;
Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other Third Parties;
Violate any applicable laws or regulations for the time being in force within or outside your home country;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Threaten the unity, integrity, defense, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.
COPYRIGHT
All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including the professional guides, information products, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the 'Content'), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or template or manipulate the Content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
INTELLECTUAL PROPERTY RIGHTS POLICY
You may not list any Services that contain any kind of copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limitation to the foregoing, if You or any third party believes that his/her work has been copied and posted on the Website in a way that constitutes infringement of his/her intellectual property, he/she is required to contact the Firm and provide the Firm with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property;
a description of the work that the individual claims has been infringed;
a description of where such material is located on the Website (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a URL, user profile, etc.);
the individual’s address, telephone number and email address;
a written statement by the individual that the individual has a good faith belief that the disputed use is not authorized by the owner of the intellectual property; and
a statement by the individual, made under penalty of perjury, that the above information supplied is accurate, and that the individual is the owner or authorized to act on the owner's behalf;
Notice of claims of misuse and infringement must be provided at support@avnipalekar.com.
The Company reserves the right to terminate the accounts of any Users found to have misused / infringed the intellectual property of another person/entity, in its sole discretion. The User shall be aware that they may also face civil and criminal charges in the event of such misuse / infringement.
GEOGRAPHICAL EXTENT
The Website can be used in India and abroad. You are solely responsible for compliance with necessary laws and regulations for use of the Website from any other country outside India.
AMENDMENT
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website.
We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time. Notice shall be provided of such change by posting a notice on the home screen of the Website.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your spam folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
TERM AND TERMINATION
These Terms will remain in full force and effect while you are a User of the Website.
You may cease to be a User at any time, for any reason, effective upon receipt by the Firm of your written or email notice of termination, sent to the postal or e-mail address mentioned in these terms.
The Website may at any time by giving you reasonable notice, terminate the agreement with you, deny you access to the Website and/or delete your Profile and/or any content you have submitted on the Website.
The Website may immediately terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted on the Website and/or Application in the event that you have breached these Terms. In the event of such termination no refund shall be payable by the Company.
INDEMNIFICATION
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
Your disclosure of information to any Third Party, either through the Website or otherwise. (Please refer to our Privacy Policy for more details in this regard);
Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
DISCLAIMER OF LIABILITY
The Company will not be responsible for any damage suffered by Users from use of the Services on this Website. This without limitation includes any losses resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/ omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
It is the sole discretion of the User to use the Services offered by the Firm. Any Coupons/Discounts/Promotional Schemes provided on the Services are at the sole discretion of the Firm/Website. The same shall be the liability of the User. In particular, neither the Website/Firm shall be liable in any way to you or to any other person, company or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any service. User reviews are provided for informational purpose only. User reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by the Firm/ Website.
DISPUTES ARISING OUT OF THIS AGREEMENT
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.
Stage 1: Mediation - In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
Stage 2: Arbitration - In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. 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 Bangalore, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Bangalore/ Mumbai. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
PRIVACY
We encourage you to read the Privacy Policy, and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to information relating to your service request) which You provide on the Website/Website is likely to reveal Your information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access and preserve information You provide to Us at any stage during Your use of the Website and also disclose information You provide to Us at any stage during Your use of the Website, whenever required for rendering of the service requested for or required by law. Disclosures of information to Third Parties for the purpose of rendering the service (The Freelancers of the Website) are further addressed in Our Privacy Policy.
MISCELLANEOUS PROVISIONS
Entire Agreement: This Terms of service along with the Privacy policy is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, 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.