These Terms & Conditions (“Terms”) of (a) use of our website
www.pranainsight.in (“Website”), our applications
(“Application”) or any products or services in connection with
the Application/, Website/products (“Services”) or (b) any modes
of registrations or usage of products, including through SD cards,
tablets or other storage/transmitting device are between Free your mind
Pvt. Ltd. (“Company/We/Us/Our”) and its users
(“User/You/Your”).
These Terms constitute an electronic record in accordance with the
provisions of the Information Technology Act, 2000 and the Information
Technology (Intermediaries guidelines) Rules, 2011 thereunder, as
amended from time to time.
Please read the Terms and the privacy policy of the Company (“Privacy Policy”) with respect to registration with us, the use of the Application,
Website, Services and products carefully before using the Application,
Website, Services or products. In the event of any discrepancy between
the Terms and any other policies with respect to the Application or
Website or Services or products, the provisions of the Terms shall
prevail.
Your use/access/browsing of the Application or Website or the Services
or products or registration (with or without payment/with or without
subscription) through any means shall signify Your acceptance of the
Terms and Your agreement to be legally bound by the same. If You do not
agree with the Terms or the Privacy Policy, please do not use the
Application or Website or avail the Services or products. Any access to
our Services/Application/products through registrations/subscription is
non transferable.
Once you have purchased Prana Insight App for videos, consider this as
one year subscription. The videos will be uploaded in a progressive
manner.
Except as mentioned below, all information, content, material,
trademarks, services marks, trade names, and trade secrets including but
not limited to the software, text, images, graphics, video, script and
audio, contained in the Application, Website, Services and products are
proprietary property of the Company (“Proprietary Information”). No
Proprietary Information may be copied, downloaded, reproduced, modified,
republished, uploaded, posted, transmitted or distributed in any way
without obtaining prior written permission from the Company and nothing
on this Application or Website or Services shall be or products deemed
to confer a license of or any other right, interest or title to or in
any of the intellectual property rights belonging to the Company, to the
User. You may own the medium on which the information, content or
materials resides, but the Company shall at all times retain full and
complete title to the information, content or materials and all
intellectual property rights inserted by the Company on such medium.
Certain contents on the Website may belong to third parties. Such
contents have been reproduced after taking prior consent from said party
and all rights relating to such content will remain with such third
party. Further, you recognize and acknowledge that the ownership of all
trademarks, copyright, logos, service marks and other intellectual
property owned by any third party shall continue to vest with such party
and you are not permitted to use the same without the consent of the
respective third party.
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Your use of our products, Website, Application and Services is solely
for Your personal and non-commercial use. Any use of the Application,
Website, Services or products or their contents other than for
personal purposes is prohibited. Your personal and non-commercial use
of this Application, Website, products and / or our Services shall be
subjected to the following restrictions:
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You may not decompile, reverse engineer, or disassemble the contents
of the Application and / or our Website and/or Services/ products or
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information or software obtained from the Application and / or our
Website and/or Services/products, or remove any copyright, trademark
registration, or other proprietary notices from the contents of the
Application and / or and / or our Website and/or Services/products.
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You will not (a) use this Application and / or our Website and/or any
of our product/s or Service/s for commercial purposes of any kind, or
(b) advertise or sell the Application or any products, Services or
domain names or otherwise (whether or not for profit), or solicit
others (including, without limitation, solicitations for contributions
or donations) or use any public forum for commercial purposes of any
kind, or (c) use the Application and / or Website/our products and
Services in any way that is unlawful, or harms the Company or any
other person or entity as determined by the Company.
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No User shall be permitted to perform any of the following
prohibited activities while availing our Services:
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Making available any content that is misleading, unlawful,
harmful, threatening, abusive, tortious, defamatory, libelous,
vulgar, obscene, child-pornographic, lewd, lascivious, profane,
invasive of another’s privacy, hateful, or racially, ethnically or
otherwise objectionable;
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Stalking, intimidating and/or harassing another and/or inciting
other to commit violence;
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Transmitting material that encourages anyone to commit a criminal
offence, that results in civil liability or otherwise breaches any
relevant laws, regulations or code of practice;
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Interfering with any other person’s use or enjoyment of the
Application/Website/Services;
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Making, transmitting or storing electronic copies of materials
protected by copyright without the permission of the owner,
committing any act that amounts to the infringement of
intellectual property or making available any material that
infringes any intellectual property rights or other proprietary
rights of anyone else;
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Make available any content or material that You do not have a
right to make available under any law or contractual or fiduciary
relationship, unless You own or control the rights thereto or have
received all necessary consents for such use of the content;
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Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity;
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Post, transmit or make available any material that contains
viruses, trojan horses, worms, spyware, time bombs, cancelbots, or
other computer programming routines, code, files or such other
programs that may harm the Application/services, interests or
rights of other users or limit the functionality of any computer
software, hardware or telecommunications, or that may harvest or
collect any data or personal information about other Users without
their consent;
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Access or use the Application/Website/Services/products in any
manner that could damage, disable, overburden or impair any of the
Application’s/Website’s servers or the networks connected to any
of the servers on which the Application/Website is hosted;
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Intentionally or unintentionally interfere with or disrupt the
services or violate any applicable laws related to the access to
or use of the Application/Website/Services/products, violate any
requirements, procedures, policies or regulations of networks
connected to the Application/Website/Services/products, or engage
in any activity prohibited by these Terms;
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Disrupt or interfere with the security of, or otherwise cause harm
to, the Application/Website/Services/products, materials, systems
resources, or gain unauthorized access to user accounts,
passwords, servers or networks connected to or accessible through
the Application/Website/Services/products or any affiliated or
linked sites;
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Interfere with, or inhibit any user from using and enjoying access
to the Application/Website/ Services/products, or other affiliated
sites, or engage in disruptive attacks such as denial of service
attack on the Application/Website/Services/products;
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Use deep-links, page-scrape, robot, spider or other automatic
device, program, algorithm or methodology, or any similar or
equivalent manual process, to increase traffic to the
Application/Website/Services/products, to access, acquire, copy or
monitor any portion of the Application /Website/Services/products,
or in any way reproduce or circumvent the navigational structure
or presentation of the Application, or any content, to obtain or
attempt to obtain any content, documents or information through
any means not specifically made available through the Application/
Website/Services/products;
- Alter or modify any part of the Services;
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Use the Services for purposes that are not permitted by: (i) these
Terms; and (ii) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdiction; or
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Violate any of the terms specified under the Terms for the use of
the Application /Website/Services/products.
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By submitting content on or through the Services (your “Material”),
you grant us a worldwide, non-exclusive, royalty-free license (with
the right to sublicense) to use, copy, reproduce, process, adapt,
modify, publish, transmit, display and distribute such Material in any
and all media or distribution methods (now known or later developed)
and to associate your Material with you, except as described below.
You agree that others may use Your Material in the same way as any
other content available through the Services. Other users of the
Services may fork, tweak and repurpose your Material in accordance
with these Terms. If you delete your user account your Material and
name may remain available through the Services
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In the preparation of the Application/Website/Services/products and
contents therein, every effort has been made to offer the most
current, correct, and clearly expressed information possible.
Nevertheless, inadvertent errors may occur. In particular, but without
limiting anything here, the Company disclaims any responsibility for
any errors and accuracy of the information that may be contained in
the Application. Any feedback from User is most welcome to make the
Application and contents thereof error free and user friendly. Company
also reserves the right and discretion to make any changes/corrections
or withdraw/add contents at any time without notice. Neither the
Company nor any third parties provide any warranty or guarantee as to
the accuracy, timeliness, performance, completeness or suitability of
the information and materials found or offered on
Application/Website/Services/products for any particular purpose. You
acknowledge that such information and materials may contain
inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors to the fullest extent permitted by law.
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Our Website provides Users with access to compiled educational
information and related sources. Such information is provided on an As
Is basis and We assume no liability for the accuracy or completeness
or use or non obsolescence of such information. We shall not be liable
to update or ensure continuity of such information contained on the
Website. We would not be responsible for any errors, which might
appear in such information, which is compiled from third party sources
or for any unavailability of such information. From time to time the
Website may also include links to other websites. These links are
provided for your convenience to provide further information. They do
not signify that we endorse the website(s). We have no responsibility
for the content of the linked website(s). You may not create a link to
the Website from another website or document without the Company’s
prior written consent.
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The contents of the Application/Services/products are developed on the
concepts covered in the structured curriculum syllabus prescribed for
students of various courses. The usage of the
Application/Services/products is not endorsed as a substitution to the
curriculum based education provided by the educational institutions
but is intended to supplement the same by explaining and presenting
the concepts in a manner enabling easy understanding. The basic
definitions and formulae of the subject matter would remain the same.
The Company acknowledges that there are various means of delivering
structured curriculum pedagogy and inclusion of methods in the
Application/Services/products does not imply endorsement of any
particular method nor exclusion imply disapproval. Subscription to the
Application or usage of our Services/Website/products does not in any
manner guarantee admission to any educational institutions or passing
of any exams or achievement of any specified percentage of marks in
any examinations.
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Certain contents in the Application/Services/Website/products (in
particular relating to assistance in preparations for administrative
services) may contain opinions and views. The Company shall not be
responsible for such opinions or any claims resulting from them.
Further, the Company makes no warranties or representations whatsoever
regarding the quality, content, completeness, or adequacy of such
information and data.
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Some parts of the Services are interactive, and we encourage
contributions by Users, which may or may not be subject to editorial
control prior to being posted. The Company accepts no responsibility
or liability for any material communicated by third parties in this
way. The Company reserves the right at its sole discretion to remove,
review, edit or delete any content. Similarly, We will not be
responsible or liable for any content uploaded by Users directly on
the Website, irrespective of whether We have certified any answer
uploaded by the User. We would not be responsible to verify whether
such questions/answers or contents placed by any User contain
infringing materials or not.
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The Company may, based on any form of access to the Application
(including free download/trials) or Services or Website or
registrations through any source whatsoever, contact the User through
sms, email and call, to give information about its products as well as
notifications on various important updates and/or to seek permission
for demonstration of its products. The User expressly grants such
permission to contact him/her through telephone, SMS, e-mail and holds
the Company indemnified against any liabilities including financial
penalties, damages, expenses in case the User’s mobile number is
registered with Do not Call (DNC) database. By registering yourself ,
you agree to make your contact details available to Our employees,
associates and partners so that you may be contacted for education
information and promotions through telephone, SMS, email etc.
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While the Company may, based on the User’s confirmation, facilitate
the demonstration of its products at the location sought by the User,
the User acknowledges that he/she has not been induced by any
statements or representations of any person with respect to the
quality or conditions of the products and that User has relied solely
on the investigations, examinations and inspections as the User has
chosen to make and that the Company has afforded the User the
opportunity for full and complete investigations, examinations and
inspections.
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Upon registration through any means whatsoever, the Company may
contact You through the registered mobile number or e-mail or any
other mobile number or contact number or email provided by You to
enable effective provision of Services. The User expressly permits the
Company to contact him/her and the student utilising the Services,
through the above mentioned means at any time post registration. .-.
Further, the Company shall have the right to monitor the download and
usage of the Application/Services/products and the contents thereof by
the User/student, to analyze such usage and discuss the same with the
User/student to enable effective and efficient usage of the Services.
The User expressly permits the Company to clear the doubts of the
student using the Application/Services/online portal by answering the
questions placed before it, providing study plans, informing of the
progress, providing feedback, communicating with the student and
mentoring the student through telephone or e-mail on express consent
of the legal guardian/parent of the User or through any other forum.
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While the Company has made efforts to train the personnel engaged in
the sales and services relating to its products to enable quality
control, it makes no warranties or representations whatsoever
regarding the quality and competence of such personnel and would not
be responsible for any deviant behaviour of any such personnel. Any
feedback from User relating to the same is most welcome and Company
reserves the right and discretion to take any action in this regard.
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13. Access to certain elements of the Services including doubt
clearance, mentoring services etc may be subject to separate terms,
conditions and fair usage policy. The Company reserves the right to
determine the criteria for provision of various elements of Services
to the different categories of Users based on its policies. Hence,
subscription to the Application/products or registrations do not
automatically entitle the User to any and all elements of Services
provided by the Company and the Company shall be entitled to exercise
its discretion while providing access to and determining continuity of
certain elements of Services. We reserve the right to extend, cancel,
discontinue, prematurely withdraw or modify any of Our Services at Our
discretion.
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In order to access the Services and to avail the use of the
Application/products, You shall be required to register yourself with
the Application/Services/products, and maintain an account with the
Application/Services/products. You will be required to furnish certain
information and details, including Your name, mobile number, e-mail
address, residential address, payment information (credit/debit card
details) if required, and any other information deemed necessary by
the Application. With respect to the provision of information, the
following may be noted:-
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It is Your sole responsibility to ensure that the account
information provided by You is accurate, complete and latest. You
shall be responsible for maintaining the confidentiality of the
account information and for all activities that occur under Your
account.
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You agree to (a) ensure that You successfully log out from Your
account at the end of each session; and (b) immediately notify the
Company of any unauthorized use of Your account. If there is
reason to believe that there is likely to be a breach of security
or misuse of Your account, we may request You to change the
password or we may suspend Your account without any liability to
the Company, for such period of time as we deem appropriate in the
circumstances. We shall not be liable for any loss or damage
arising from Your failure to comply with this provision.
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You acknowledge that Your ability to use Your account is dependent
upon external factors such as internet service providers and
internet network availability and the Company cannot guarantee
accessibility to the Application at all times. In addition to the
disclaimers set forth in the Terms, the Company shall not be
liable to You for any damages arising from Your inability to log
into Your account and access the services of the Application at
any time.
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Persons who are “competent/capable” of contracting within the meaning
of the Indian Contract Act, 1872 shall be eligible to register for the
Application and all Our products or Services. Persons who are minors,
un-discharged insolvents etc. are not eligible to register for Our
products or Services. As a minor if You wish to use Our products or
Services, such use shall be made available to You by Your legal
guardian or parents, who has agreed to these Terms. In the event a
minor utilizes the Application/Website/Services, it is assumed that
he/she has obtained the consent of the legal guardian or parents and
such use is made available by the legal guardian or parents. The
Company will not be responsible for any consequence that arises as a
result of misuse of any kind of Our Application or any of Our products
or Services that may occur by virtue of any person including a minor
registering for the Services/products provided. By using the products
or Services You warrant that all the data provided by You is accurate
and complete and that student using the Application has obtained the
consent of parent/legal guardian (in case of minors). The Company
reserves the right to terminate Your subscription and / or refuse to
provide You with access to the products or Services if it is
discovered that You are under the age of 13 (Thirteen) years and the
consent to use the products or Services is not made by Your
parent/legal guardian or any information provided by You is
inaccurate. You acknowledge that the Company does not have the
responsibility to ensure that You conform to the aforesaid eligibility
criteria. It shall be Your sole responsibility to ensure that You meet
the required qualification. Any persons under the age of 13 (Thirteen)
should seek the consent of their parents/legal guardians before
providing any Information about themselves or their parents and other
family members on the Application.
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You agree to defend, indemnify and hold harmless the Company, its
officers, directors, employees and agents, from and against any and
all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney’s fees) arising
from: (i) Your use of and access of the Application/Website/Services;
(ii) Your violation of any term of these Terms or any other policy of
the Company; (iii) Your violation of any third party right, including
without limitation, any copyright, property, or privacy right; or (iv)
any claim that Your use of the Application/Website/Services has caused
damage to a third party. This defense and indemnification obligation
will survive these Terms.
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In no event shall the Company, its officers, directors, employees,
partners or agents be liable to You or any third party for any
special, incidental, indirect, consequential or punitive damages
whatsoever, including those resulting from loss of use, data or
profits or any other claim arising out, of or in connection with, Your
use of, or access to, the Application.
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In the event of Your breach of these Terms, You agree that the Company
will be irreparably harmed and may not have an adequate remedy in
money or damages. The Company therefore, shall be entitled in such
event to obtain an injunction against such a breach from any court of
competent jurisdiction. The Company’s right to obtain such relief
shall not limit its right to obtain other remedies.
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Any violation by You of the terms of this Clause may result in
immediate suspension or termination of Your Accounts apart from any
legal remedy that the Company can avail. In such instances, the
Company may also disclose Your Account Information if required by any
Governmental or legal authority. You understand that the violation of
these Terms could also result in civil or criminal liability under
applicable laws.
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The Terms shall be governed by and construed in accordance with the
laws of India, without regard to conflict of law principles. Further,
the Terms shall be subject to the exclusive jurisdiction of the
competent courts located in Ernakulam and You hereby accede to and
accept the jurisdiction of such courts.
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The Company has the right to change modify, suspend, or discontinue
and/or eliminate any aspect(s), features or functionality of the
Application or the Services as it deems fit at any time without
notice. Further, the Company has the right to amend these Terms from
time to time without prior notice to you. The Company makes no
commitment, express or implied, to maintain or continue any aspect of
the Application. You agree that the Company shall not be liable to You
or any third party for any modification, suspension or discontinuance
of the Application/Services. All prices are subject to change without
notice.
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Doubt Ticketing – The application provides facility for
users(Students) to raise academic doubts/queries in the doubt
ticketing section of the application.
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The application/ program will perform in substantial conformance with
the service terms agreed or affirmations of fact contained in the
documentation or specifications provided by Daskalos Virtual Academy
Private Limited at or before the delivery of the application/ program.
However, being a technology product, instances of Technical Glitches
affecting the operation of the application/program cannot be ruled
down. In such scenarios Free your mind Private Limited shall endeavor
to reinstate the application/program to fully functional stage and
downtime may extend but will not in any case exceed seven (7) days
from the time the issue was confirmed by Free your mind Private
Limited
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As you are aware, the company has at the time of your purchase of the
app, procured your photograph with the knowledge of your
parent/guardian. You agree that the company is at liberty to use this
photograph on its website, apps, in-house magazines, advertisements
etc, depicting you as a user of Prana insight app . You also agree
that no consideration of any sort shall be demanded by you or paid by
the company for usage of your photograph by the company in manners
mentioned here.
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DISCLAIMER: THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE
PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY
WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND
THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY
AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE
FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR
USE OF ANY INFORMATION OR MATERIALS ON THIS
WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK,
FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN
RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR
SPECIFIC REQUIREMENTS.
General Provisions:
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Notice: All notices served by the Company shall be provided via email
to Your account or as a general notification on the Application. Any
notice to be provided to the Company should be sent to
info@prana-insight.in.
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Entire Agreement: The Terms, along with the Privacy Policy, and any
other guidelines made applicable to the Application from time to time,
constitute the entire agreement between the Company and You with
respect to Your access to or use of the Application, Website and the
Services thereof.
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Assignment: You cannot assign or otherwise transfer Your obligations
under the Terms, or any right granted hereunder to any third party.
The Company’s rights under the Terms are freely transferable by the
Company to any third parties without the requirement of seeking Your
consent.
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Severability: If, for any reason, a court of competent jurisdiction
finds any provision of the Terms, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of the parties as
reflected by that provision, and the remainder of the Terms shall
continue in full force and effect.
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Waiver: Any failure by the Company to enforce or exercise any
provision of the Terms, or any related right, shall not constitute a
waiver by the Company of that provision or right.
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Relationship: You acknowledge that Your participation on the
Application, does not make You an employee or agency or partnership or
joint venture or franchise of the Company.
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The Company provides these Terms so that You are aware of the terms
that apply to your use of the Website/Application and Services. You
acknowledge that, the Company has given You a reasonable opportunity
to review these Terms and that You have agreed to them.
Feedback:
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Any feedback You provide with respect to the Application shall be
deemed to be non-confidential. The Application shall be free to use
such information on an unrestricted basis. Further, by submitting the
feedback, You represent and warrant that (i) Your feedback does not
contain confidential or proprietary information of You or of third
parties; (ii) the Company is not under any obligation of
confidentiality, express or implied, with respect to the feedback;
(iii) the Application may have something similar to the feedback
already under consideration or in development; and (iv) You are not
entitled to any compensation or reimbursement of any kind from the
Company for the feedback under any circumstances, unless specified.
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Under no circumstances shall the Company be held responsible in any
manner for any content provided by other users even such content is
offensive, hurtful or offensive. Please exercise caution while
accessing the Application.
Customer Care:
We make all best endeavors to provide You with a pleasant experience. In
the unlikely event that You face any issues, please contact us at
info@prana-insight.in.