“Member”, “User” or “You” means any person who access the Site and/or the Apps of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site and/or the Apps of the Company.
- To register as a member of Site and/or the Apps and use it, you must be legally competent to enter into a contract as per the laws of India. If at any time it is found that you have made any misrepresentation, then Company reserves the right to forthwith terminate your membership and / or your right to use the Site and/or the Apps and the Service without any liabilities of whatever nature.
- Membership is exclusively available to an individual member only and not available to companies, LLPs, partnership firms, institutions, trusts, societies, association of persons and/or businesses.
- This Agreement shall remain in full force and effect until you use the Site/the Apps or as long as you remain Member of the Site/ the Apps. You may terminate your membership at any time, for any reason by writing to the Company. In the event you terminate your membership, you will not be entitled to a return of registration charges, consultancy charges, and expenses towards procurement of materials and/or other, charges, costs, expenses, if any, paid and/or incurred by you under the Services, except where otherwise stated in writing. Company may terminate your access to the Site, the Apps and/or your membership for any reason with or without sending a notice to you at the email address and/or sending SMS and/or making call on the registered number provided by you.
- All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, disclaimers, indemnity and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination.
3) Payment, charges and taxes
- You agree to pay registration charges, consultancy charges and any other charges as applicable to your use of Services and you shall not circumvent the said structure of charges.
- The said charges could be paid either online through the facility made on the Site, the Apps or by RTGS or NEFT in the account of the Company details whereof available on the Site and/or the Apps. Third parties support and services are required to process online payment. Company is not responsible for any loss or damage caused to you during this process as these third parties are beyond the control of the Company. The charges could also be paid offline by handing over the amount to the representatives of the Company at the time of their visit to your premises.
- All charges are exclusive of applicable taxes, levies, duties etc.
- We reserves the right to modify the fee structure by providing on the Site and/or the Apps which shall be considered as valid and agreed communication.
- In order to process the payments, we might require details of your bank account, credit card number etc.
4) Return policy
If you fail to experience any positive changes, it shall be at the discretion of the Company to return the consultancy charges paid by you to the Company after deducting applicable taxes paid thereon subject to 100% implementation of suggestions / remedies by you within 1(one) months from the date of suggestions / remedies given and 8 months period expired subsequent thereto and handing over the materials back to the Company.
Provided further that charges paid towards CWR shall be non-returnable.
Provided further that if you have availed a loan facility from the empaneled vendor of the Company for payment of consultancy charges and complied with terms and conditions contained herein, then the following criteria shall be applied for return of consultancy charges:
- If you have paid all installments, then only principal loan amount will be returned irrespective interest paid thereon by you after deducting applicable taxes paid thereon by us.
- If you commit default in payment of installments, the no return shall be applicable.
5) Proprietary rights in the content
Company owns and retains all proprietary rights in the Site, the Apps and the Service. The Site and the Apps contain the copyrighted material, trademarks, and other proprietary information of Company and its licensors. Except for that information which is in the public domain or for which permission has been obtained from the user, you cannot copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any such act or an attempted act on your part shall constitute a violation of this Agreement. Company reserves right to take legal action (civil and/or criminal) wherever applicable for any violations.
6) Content posted on the site
- You understand and agree that Company may delete any listing, content, communication, photos or profiles (collectively, “Content”) that in the sole judgment of Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of either Company, its Site and/or Apps Members.
- You understand and hereby agree that you are solely responsible for all information, data, text, photographs, graphics, communications, tags, or other Content that you upload, post, email, transmit or otherwise make available via the Site/Apps to others. Company does not control the Content posted via the Site/Apps and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances Company shall be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site/Apps to other Members. However, Company reserves the right to verify the credibility of Content posted on the Site/Apps. In exercising this right, Company may ask you to provide any documentary evidence supporting the Content you post on the Site/Apps. If you fail to produce such evidence to the satisfaction of the Company, then such act will constitute violation of this Agreement and Company, in its sole discretion, terminate your Membership without a return.
- By posting Content/ advertising to any public area of the Site/Apps, you automatically grant, and you represent and warrant that you have the right to grant, to the Company, and other Members, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is an illustration of suggestive list of Content that is illegal or prohibited on the Site/Apps. If you post such illegal or prohibited Content on the Site/Apps, then Company will investigate and initiate appropriate legal action in its sole discretion against you, including without limitation, removing the offending communication/Content from the Site/Apps and terminating your Membership without a return.
- Illegal and prohibitive Content includes which:
- is blatantly offensive to the community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid scheme.
- You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Site/Apps, that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- You must use the Site/Apps in a manner consistent with any and all applicable local, state, and central laws, rules and regulations.
8) Grievance officer
Address: Grievance Officer,
M/s. C G Parivar Private Limited,
EL 86, TTC Industrial Estate, MIDC Mahape,
Navi Mumbai, Maharashtra, India – 400710.
The Grievance officer shall be available between 10 am to 6 pm IST from Monday to Saturday excluding Sunday and public holidays in India.
The materials on the Site/Apps are provided for informational purposes only and do not constitute advice on any matter. Company assumes no responsibility for the accuracy or timeliness of any information provided herein. You should not under any circumstances rely on, or act on the basis of, the materials on the Site/Apps. Your access to and use of the Site, Apps and/or Service or any content posted on the Site/Apps is at your own risk. You understand and agree that the Services are provided to you on an “as is” and “as available” basis. Without limiting the foregoing, to the full extent permitted by law, Company disclaims all warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
Company shall not be responsible for any loss, damages including without limitation direct, indirect, incidental, punitive, and consequential damages of any kind arising from or relating to the use of the Site/Apps and/or the Service and/or the Content posted on the Site/Apps. Company does not give any implied or explicit guarantee or warranty of overcoming the problems of your life by you choosing to register on the Site/Apps and adopting the Services. The Site/Apps assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, user and/or Member communications. The Site/Apps is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site/Apps and/or in connection with the Service.
10) Limitation of liability
In no event Company will be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation any loss of profits arising from your use of the Site/Apps, the Service or errors, mistakes, or inaccuracies of data, content, information, materials provided by you, even if Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Company’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the consultancy charges paid, if any, by you to the Company for the Services.
- You agree, understand and acknowledge the nature of services we provide, the terms and conditions applicable therefor and was given ample time & an opportunity to resolve all your queries, if any, with regards to the.
- You agree and acknowledge “Secret of Life” concept is purely based on science and earth luck and personal luck. Earth luck can be derived from your house / work place whether owned or rented and Personal luck depends on your karma and no one can change it.
- You agree and acknowledge that we do not provide any magical remedies or Services barred by the laws of India and does not assure any magical changes but we definitely strive to enhance energy at your dwelling or work place to overcome problems of life.
- You authorize us to send SMS or call to the registered number/E-mail ID including but not limited to regarding informative glimpse of our concept Secret of Life, its procedures, confirmation of your appointment for physical visit, if any, at your premises, testimonials etc. You hereby agree that such SMS sent and/or call made would not be considered as a violation of the TRAI regulations even if you are registered under the DND list.
- You shall provide us reasonable access while making video call to your premises for prediction of problems being faced by you based on the analysis of premises with regard to the date of birth (“CWR”) and suggesting remedies & solutions to overcome those problems (“Secret of Life Consultancy”). For CWR you shall pay non-returnable amount with applicable taxes to us.
- Once you are satisfied with CWR, you have to give your consent to us rendering services under Secret of Life Consultancy.
- Accordingly, we shall initiate services under Secret of Life Consultancy and provide suggestions / remedies for problems highlighted under CWR together with some materials.
- You agree and undertake to 100% implement the suggestions/remedies given by us within 1 (one) month (“Implementation Period”) from the date of Secret of Life Consultancy and use the materials as per our instruction.
- After 100% implementation of suggestions, you shall notify us for scheduling implementation check visit (“ICV”). ICV shall be done through whatsapp or any other mode of digital media.
- If you want to avail physical implementation check visits in addition to or in place of digital inspection, then appropriate visit charges shall be levied upon you.
- However, if you fail to notify us about the compliance of said implementations, it shall be deemed that you have exceeded the Implementation Period and shall not be eligible for return of consultancy charges.
- You shall permit our representative to access and reasonably use your premises as they deem necessary. You shall also permit and allow access to them to use any facilities on the premises and shall co-operate with and provide them, from time to time, any additional assistance or resources that they may require for effectively rendering the Services.
- We shall deploy all necessary resources, including the man-power resources etc. for performing the Services and shall also be entitled to employ, engage and/or replace such resources as it deems fit without any intimation to you or your approval.
- If you change your premises wherein you have implemented the Services then you have to pay additional consultancy charges irrespective of that earlier you had paid consultancy charges for the previous premises as services given for one premises does not apply to the other premises.
- After 100% implementation of suggestions, you have to wait for 8 months to get desired results for problems highlighted at the time of CWR.
- You shall make claim relating to the Services no later than 12 months after expiry of period of 8 months following 100% implementation of suggestions.
- REPRESENTATIONS AND ACCEPTANCE BY THE CUSTOMER
- You agree and acknowledge that you have voluntarily opted to avail the Services. You further agree, represent and confirm that we have not induced you to avail the Services.
- You also understand and acknowledge that implementation of suggestions may require procurement of certain goods/materials and you acknowledge that those purchases shall be done by you only and you shall not held liable to us for those purchases.
- You understand and agree that you alone are responsible and accountable for decisions, actions and result in your life after implementing the advice given under the Services and agree to not hold the Company and/or its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and representatives liable for any decisions, actions or results that you make or experience in life due to utilization of Services at any time, under any circumstances.
- You further agree that the Company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and representatives disclaim all warranties, representations, or guarantees express or implied, statutory or otherwise in connection with the Services to be provided herein except as provided for under this Agreement.
- DUTIES & RESPONSIBILITIES OF CUSTOMER
- You shall be responsible for the accuracy and correctness of information furnished in the Site/Apps and/or registration form for availing the Services.
- You shall use the kit as per the instructions of the Company and/or its representatives.
- You will not indulge in any manner in any activity that will impact the brand image or create doubt or disparage the Services offered by the Company and/or its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and representatives in the minds of the public at large.
- RETURN OF DEFECTIVE/DAMAGED KIT
- You shall perform detailed product inspection upon delivery of kit.
- If you receive a defective/damaged item, then you shall contact our service centre within 14 days from the receipt thereof.
- Upon receipt of your return request, we will arrange for a quality check to examine the complaint of the product being faulty/defective. Upon successful validation of the complaint request for return/replacement shall be processed with regard to the faulty/defective item. The returns/replacements will be accepted for only those items which are found to be faulty/defective. Decision of the Company shall be final and binding upon you.
13) Recording of counselling with customer
- You understand and agree that it is required by practise and standard of care to keep records of counselling. You hereby gives consent to the Company for video and audio recording of counselling session. The recordings shall be used to aid the Services provided to you.
- Information contained in the recordings are of confidential in nature and we shall make every endeavour to maintain the confidentiality of information as such. Firm shall not disclose the information to any person and entity other than its employees, authorised representatives, consultants and business associates who need to access such information for providing the Services unless otherwise mandated by law.
After getting desired results interested you may opt for sharing your testimonials with the Company and authorizes the Company to use the same for promoting the Secret of Life and the Services or for any other lawful purpose. You acknowledge and affirm that the Company shall be the owner of copyrights of the said testimonials. In addition, you waive off any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. You hereby hold harmless and release the Company from all claims, demands and causes of action which you, your heirs, representatives, executors, administrators or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
- You confirm that the Content, information including the personal information provided by you is correct and accurate.
- You are strongly advised to submit copy of your Driving License, Passport, Aadhaar Card or any other Government recognized documents in order to validate the details such as your identity, address etc. of your profile.
- Company uses third party payment gateways for collection of fees and charges. In case of payment gateway failure the same would be communicated to the Member by the payment gateway provider. Company shall not be responsible for extra currency/conversion charges/deductions/error issues from payment gateway. In the case of failed online transactions, which result in no services, Company offers no guarantees whatsoever for the accuracy or timeliness of the returns reaching your card/bank accounts through the payment gateway.
- By becoming a Member, you agree to receive certain specific emails, messages, calls for feedback and promotional offers from the Company, its subsidiaries, associates, affiliates or business partners.
- If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
17) Jurisdiction and applicable law