Effective date: March 1, 2015
USE OF THE SITE
The Site, including all of its contents, such as text, images, codes, sound and the HTML used to generate the pages ("Materials"), are our property and are protected by patent, trademark and/or copyright under Indian law. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial or any other purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.
YOUR ACCOUNT AND ACCESS
RULES AND LIMITS ON AND MODIFICATIONS TO THE SITE
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
SPECIFIC PROHIBITED USES
The Site may be used only for lawful purposes by individuals using authorized services of ESPL. You are responsible for your own communications, including the upload, download, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. ESPL specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Copying, sharing, or otherwise distributing ESPL materials to any individuals who are not registered on the Site in any fashion or by any means including by printing, emailing, taking screenshots, or any other means;
d. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
e. Posting material that is copyrighted or otherwise owned by a third party or have the permission of the owner to post it;
f. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
g. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
h. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of Indian export control laws;
i.Attempting to interfere in any way with the Site's or ESPL’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
CANCELLATION AND REFUND POLICY
All purchases and payments made will be final, non-transferrable and non-refundable, except where explicitly it is stated as part of an ongoing marketing promotion. Users have to evaluate the Services through the information provided on the homepage of the website. All packages are valid until for 5 (five) months from date of purchase. No refund will be given if you wish to discontinue the Services after the end of 1 (one) week of purchase. Refunds will only be provided if the buyer has a valid reason (as concluded by ESPL) to withdraw from the purchase. All refunds, if eligible, will be processed within 14 (Fourteen) business days of receiving cancellation request. All refunds will be deducted for tax and administrative costs.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for you or logging into a server or account which you are not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, "flooding", "mail-bombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
USER SUBMITTED CONTENT
You are responsible for any User Content you post to the site. By "User Content" we mean any content you post to the site, which may include reviews, comments, image uploading, captions, participating in forums, curating or creating collections and other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion. You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site.
If we allow you to upload User Content, you may not provide User Content that you do not have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right; forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide; provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else; provide User Content that is illegal, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; impersonate anyone else or lie about your affiliation with another person or entity in your User Content; use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or provide User Content which disparage us or our vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates. Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
We control and operate the Site from our offices in India, and all information is processed within India. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.
As between you and ESPL (or other company whose marks appear on the Site), NEXT GENIUS (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise approved by NEXT GENIUS. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of India, as well as applicable laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of ESPL or other entities and are used here with permission. Such trademarks, service marks and trade names may be registered in India. Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
LINKS FROM AND TO THE SITE
You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of, or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. We reserve the exclusive right, in our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
You agree to defend, indemnify and hold ESPL, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defence of any claim. Your indemnification obligation will survive the termination of these.
Terms and your use of the Site.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ESPL MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ESPL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. ESPL IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ESPL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, INSTITUTIONS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ESPL TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, INR 2000.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT ESPL OR ITS OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF ESPL.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
These Terms are governed by the laws of India and you agree that the courts of Mumbai will have exclusive jurisdiction over any dispute (contractual or non-contractual) concerning these Terms. You agree that the laws of India shall exclusively govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with ESPL relating in any way to your use of the Site resides in the courts of India and you further agree and expressly consent to the exercise of personal jurisdiction in the courts in Mumbai. In addition, you expressly waive any right to a jury trial in any legal proceeding against ESPL its subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms within any Indian or/and international court. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
CONSENT TO PROCESSING
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in India. Any inquiries concerning these Terms should be directed to us at the address below.
RISK OF LOSS
The items purchased from our Site are delivered by download. As a result, your computer or other device used to access the Site must meet minimum software and storage requirements.
INTERRUPTION OF SERVICES
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will ESPL or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
The Terms constitute the entire agreement between you and ESPL and govern your use of the Site, superseding any prior agreements between you and ESPL. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between ESPL and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have with respect to ESPL or the Site must be commenced within one (1) year after the claim or cause of action arose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. The Terms inure to the benefit of ESPL's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
WHAT INFORMATION DO WE COLLECT?
INFORMATION YOU EXPLICITLY PROVIDE TO US
From time to time we may offer promotions, contests or sweepstakes on our site. If you choose to participate we may collect information including your name, address, age, telephone number, email address or other contact information. We may use this information to notify contest winners, award prizes, monitor site traffic and personalize the site (in the case of anonymous information collected in surveys) and to send participants an email newsletter.
If you wish to discontinue non-transactional email correspondence with us at any time, simply follow the instructions to "Unsubscribe" which appear in every email we send, or contact us through the Contact Us page or the email address indicated at the end of this policy.
INFORMATION COLLECTED AUTOMATICALLY
(I) SERVER STATISTICS
Like many Web sites, we automatically collect general statistics about our Site traffic and store it in log files in order to track usage and user trends on our site. This information includes hits to our server, browser type, Internet service provider (ISP), page views, navigational patterns, operating system, date/time stamp, clickstream data and the numbers and frequency of visitors to our site. We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users' movements around the Site so that we can communicate with our users in the most effective manner and provide them the most useful and desired features, functionality, products and services. In connection with this analysis, we may also use devices called "web beacons" to help us identify when emails sent to you from us have been received and read. We may also collect IP addresses and other information in order to prevent the introduction of viruses and hackers into the Site.
When we collect this usage data, we typically only use this data in aggregate form, and not in a manner that would identify you personally. When IP addresses are tied to personally identifiable information it is to offer customers the best user experience possible. We may also provide this data in aggregate form to partners and third party service providers so that they can understand how users are utilizing our Site.
ESPL uses "session" or temporary cookies to ensure that you are recognized when you move from page to page on the site and that any information you enter on the Site (for example, items in your shopping cart) are not lost as you navigate the site. We also use persistent cookies so we can remember you on subsequent visits to our Site, which enables us to provide a more enhanced, efficient and personal experience when you return to our Site. We may link the information we store in persistent cookies to personally identifiable or registration information you submit while on our Site.
If you do not want to have cookies placed on your computer, you can set your browser to refuse or remove cookies by following the instructions in your browser's "help" file. However, doing so will limit system performance, may not allow you to take advantage of certain features on our Site and even cause certain features of the Site to malfunction.
HOW WE USE AND SHARE YOUR INFORMATION
i) We may share your information with selected vendors and business partners with whom we work ("Service Providers"). These Service Providers provide functions on our behalf such as fulfilment, shipping, credit card processing, data and tracking analysis, customer service, market services etc in order to complete the transactions and offer you the best service on our Site.
ii) We may use your personal and transactional information internally for our business purposes, including among other things, to offer our own, our affiliates' or third-party products and services that we think you may find of interest. We may use your email address to contact you to respond to your customer service inquiries. You can elect not to receive emails from us by unsubscribing to our emails or by contacting us as indicated below.
iii) We may provide aggregate statistics, which do not include Personal Information, about our customers, sales, traffic patterns and related Site information to reputable third party vendors. We sometimes use this aggregated data (such as what areas of our Site are visited most frequently, what services are most used, what products are most popular and how often our emails are opened etc.) for research and commercial purposes. This information helps us develop a better site that is more useful and accessible to you as well as offer better products and services to you but is never associated with any personally identifiable information.
USER GENERATED CONTENT
You may or will have to choose to participate in areas of our Site dedicated to user-generated content that we provide you to enjoy. By "User Content" we mean any content you post to the site, which may include reviews, comments, image uploading, webcam video upload, captions, participating in forums, and other such features that allow you to add content to the site. Any User Content you voluntarily disclose for other users to view on the Site is not Personal Information. It becomes publicly available information and can be read, collected, redistributed or used by any person for any purpose. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion.
COLLECTING INFORMATION FROM CHILDREN
This Site is not designed nor intended to be attractive to use by children under the age of 13 ("Minors"). We do not knowingly collect information from Minors. If you are under the age of 13, you are not authorized to use this site so please do not submit any information to us.
CONSENT TO PROCESSING
Your Personal Information may be processed by us in the country where it was collected as well as other countries, including India and/or the United States, where laws regarding data protection may be less stringent than the laws in your country. By using this site and by providing any Personal Information to the Site, all users, including without limitation users in Canada and the European Union, fully understand and unambiguously consent to the collection and processing of such information in India.
ACCESS AND SECURITY
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password. If you use this Site, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
We use reasonable physical, electronic, and administrative safeguards to help us protect the security, integrity and confidentiality of data stored on our system. The Site encrypts your credit card number and other Personal Information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. SSL is an industry-standard protocol for encryption over the Internet, but please recognize that no system is 100% secure. Please note that any information you provide us by email is unencrypted and therefore not secure.
We may offer links to the websites of other companies but we are not responsible for the privacy practices of any third parties or the content of linked sites, nor are we responsible for how these other companies collect, use, disclose or secure the information you provide them. If you choose to access a third party website linked to or from our Site, you do so at your own risk. We do encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.
This site is owned by ESPL. If you have any questions or suggestions with respect to this policy, or if you wish to ask us to delete, correct, or show you your information as provided above, please email us at or write to us at:
The Next Genius Foundation
B – 803, Hubtown Sunmist, Saiwadi,
Andheri East, Mumbai 400069, India
Phone +91 9167787851
Effective Date: March 1, 2015
© Copyright 2015 by ESPL & NEXT GENIUS. All rights reserved.