Terms and Conditions for doHow® from Samuthána Consultancoaching LLP

Your access and use of www.samuthana.com ("Website (including doHow® Games and Practices in Web and Mobile APP)") is governed by the Terms of Use mentioned hereinafter. Please take a few minutes to review this Terms of Use. Your use of this Website (including doHow® Games and Practices in Web and Mobile APP) constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of this Terms of Use, please do not access and use this Website (including doHow® Games and Practices in Web and Mobile APP). For the purposes of this Terms of Use, “we”, “our”, “us” and/or “Samuthana” shall mean Samuthana Consultancoaching LLP. “You” and “your” means a person who meets the eligibility criteria set out below.

These Terms of Use explain the contractual agreement between you and Samuthana Consultancoaching LLP ("Agreement") regarding your use of the Website (including doHow® Games and Practices in Web and Mobile APP). This Agreement is effective as of your use of the Website (including doHow® Games and Practices in Web and Mobile APP).

1. TERMS OF USE SUBJECT TO CHANGE

1.1. We reserve the right to update or modify these terms and conditions at any time without prior notice. Your access and use of this Website (including doHow® Games and Practices in Web and Mobile APP) following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these Terms of Use each time you access and use this Website (including doHow® Games and Practices in Web and Mobile APP).

2. ELIGIBILITY

2.1. You shall be eligible to access this Website (including doHow® Games and Practices in Web and Mobile APP) and avail of the Services only if you are competent and eligible to contract and be bound by this Terms of Use in the jurisdiction where you reside as well as under the laws governing this Terms of Use.

2.2. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access this Website (including doHow® Games and Practices in Web and Mobile APP) and avail of the Services on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.

2.3. You shall not access this Website (including doHow® Games and Practices in Web and Mobile APP) and avail of the Services if you are not eligible to do so.

3. SERVICES & DELIVERABLES

3.1. The services offered by us (“Services”) and the manner of availing of each of the Services are more particularly set out in [http://www.samuthana.com/services.html].

3.2. You may avail of the Services only in accordance with this Terms of Use.

4. INTELLECTUAL PROPERTY POLICY

4.1. All of the content you see and hear on the Website (including doHow® Games and Practices in Web and Mobile APP) except as provided below, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, trademarks, tradenames, ("Website (including doHow® Games and Practices in Web and Mobile APP) Content"), constitute the intellectual property of Samuthana and its licensors. The Website (including doHow® Games and Practices in Web and Mobile APP) and the Website (including doHow® Games and Practices in Web and Mobile APP) Content are protected by the copyright laws in all applicable jurisdictions. It is hereby clarified that the Website (including doHow® Games and Practices in Web and Mobile APP) Content does not include any content that is provided by you.

4.2. You are not entitled to duplicate, distribute, create derivative works of, display, or use the Website (including doHow® Games and Practices in Web and Mobile APP) Content, for your internal requirements or commercially exploit the same, directly or indirectly, without our prior written permission. If you would like to request permission to use any particular Website (including doHow® Games and Practices in Web and Mobile APP) Content, you could contact us in the manner provided for in the Terms of Use.

4.3. We reserve the right to change the Intellectual Property Policy at any time, for any reason, and without notice. It is your obligation to check back on the intellectual property policy from time to time.

5. REPRESENTATIONS AND WARRANTIES

5.1. You represent and warrant to us that:

5.1.1. you are eligible to use the Services and have the right, power, and ability to enter into and perform under this Terms of Use and grant the rights and authorizations you grant under this Terms of Use;

5.1.2. the name and other details furnished by you when you communicated with us is true, correct and accurate;

5.1.3. you will use the Services only for your own internal purposes and not commercially exploit the Services in any manner. However, it is hereby clarified that the output from the Services may be utilized by you in any manner that you deem fit;

5.1.4. you will comply with all laws applicable to you in the course of availing the Services; and

5.1.5. you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Services.

6. ELECTRONIC COMMUNICATION

6.1. We will primarily communicate with you via the email address and the mobile number provided to us. By accepting the terms of this Terms of Use, you expressly grant your consent to receive notices and communication electronically from us ("Consent"). In addition thereto, communications may be posted on the Website (including doHow® Games and Practices in Web and Mobile APP) and all such communications will be deemed to be in "writing" and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices and communications to us should be sent to the designated email address(es) on the Website.

7. INFORMATION UPDATE

7.1. It is your responsibility to ensure that your email address, mobile number and other details are current and updated as and when required.

8. EXTERNAL & AFFILIATE LINKS

8.1. Although we make every effort to ensure links to external websites (“External Website”) are accurate, up-to-date and highly relevant to the article or blog posted by us, we do not in any way, manner or form, endorse the contents thereof. If you do happen to come across any links that no longer work or point to an incorrect External Website, kindly inform us of the same.

8.2. We shall not be liable for any product or services (“External Product(s)”) that you purchase or avail of by clicking such links posted/displayed on our Website (including doHow® Games and Practices in Web and Mobile APP), which leads you to an External Website. All rights, risks, obligations and liabilities with respect to such External Products shall be in accordance with terms and conditions of the External Website.

8.3. Other than the Services we provide, our Website (including doHow® Games and Practices in Web and Mobile APP) receives funding via affiliate promotions. In the interests of disclosure and ethics, we want to be open about how we fund our site. Besides displaying advertising and other paid sponsorships, we may also receive commission if you purchase an External Product from an External Website that we provide a link to in our Website (including doHow® Games and Practices in Web and Mobile APP). We want to be clear that any reviews we publish are driven entirely by our editorial staff or contributors based on their personal opinions. Please note that links to any External Website from this Website (including doHow® Games and Practices in Web and Mobile APP) may include links to affiliate products or services. This means that we will earn a commission (payment) if you go on to perform a certain action as determined by the individual affiliate program; these actions can include downloading a free trial, purchasing a product, signing-up for a service, etc. but are not exclusive to these methods. Banner advertisements displayed in text format may display ads or link to sites that are beyond our control.

9. PRIVACY POLICY

9.1. Access to and use of this Website (including doHow® Games and Practices in Web and Mobile APP) is subject to our Privacy Policy. The Privacy Policy is more clearly set out in Privacy Policy. We respect your privacy. We do not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You shall, in turn, respect the privacy and confidentiality of others.

10. LIMITATION OF LIABILITY

10.1. WE HAVE MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT IN THE COURSE OF AVAILING THE SERVICES. WE RESERVE THE RIGHT TO NOT PROVIDE THE SERVICES UNDER THE AFORESAID CIRCUMSTANCES, WITHOUT PREJUDICE TO THE OTHER RIGHTS AND REMEDIES AVAILABLE TO US UNDER ANY APPLICABLE LAWS.

10.2. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS WEBSITE’S (INCLUDING DOHOW® GAMES AND PRACTICES IN WEB AND MOBILE APP) SERVICES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO ACCESS THIS WEBSITE (INCLUDING DOHOW® GAMES AND PRACTICES IN WEB AND MOBILE APP), AVAIL OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, OBTAINED THROUGH THIS WEBSITE (INCLUDING DOHOW® GAMES AND PRACTICES IN WEB AND MOBILE APP) OR ANY OTHER EXTERNAL WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

10.3. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE THAT GAVE RISE TO THE CLAIM FOR LIABILITY.

11. MAXIMUM EFFECT

11.1. The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Terms of Use. Under such circumstances, ours and our affiliates' (and our and their respective employees, owners/directors, agents and representatives) liability shall be limited to the greatest extent permitted by law.

12. INDEMNIFICATION

12.1. You agree to defend, indemnify and hold us and our affiliates' (and our and their respective employees, owners/directors, agents and representatives) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of this Website (including doHow® Games and Practices in Web and Mobile APP), including, without limitation, your access and use of this Website (including doHow® Games and Practices in Web and Mobile APP) in violation of this Terms of Use, the violation of any third party rights and/or applicable law.

13. GOVERNING LAW, ARBITRATION AND JURISDICTION

13.1. Both, you and us, shall endeavour to amicably resolve any and all disputes arising out of or in connection with this Terms of Use between the both of us, failing which the disputes shall be settled in accordance with provisions of the Arbitration and Conciliation Act, 1996. For the purposes thereof, both, you and us, shall together appoint a sole arbitrator to conduct the arbitration proceedings. The venue for arbitration shall be Bangalore and the language for arbitration shall be English.

13.2. This Terms of Use is governed and construed in accordance with the laws of India. Subject to Clause 13.1, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in all disputes arising out of or relating to the access and use of this Website (including doHow® Games and Practices in Web and Mobile APP) or Services. Access and use of this Website (including doHow® Games and Practices in Web and Mobile APP) is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms of Use, including without limitation this paragraph. The performance of this Terms of Use is subject to existing laws and legal process, and nothing contained in this Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website (including doHow® Games and Practices in Web and Mobile APP) or Services or information provided to or gathered by us with respect to such use.

14. VALIDITY OF TERMS OF USE

14.1. This Terms of Use shall apply when you access the Website (including doHow® Games and Practices in Web and Mobile APP)/avail of the Services and be valid until such time as to your use of the Website (including doHow® Games and Practices in Web and Mobile APP) and the Services.

15. REQUESTING PAPER COPIES

15.1. Communications will not be distributed in paper unless you contact us and request a paper version of a particular document. We reserve the right to charge you and collect a handling fee first for any notices that we physically mail to you at your request or because your email’s address fails.

16. ASSIGNMENT

16.1. You may not assign or transfer any rights, obligations, or privileges that you have under this Terms of Use without our prior written consent. Subject to the foregoing, this Terms of Use will be binding on each our successors and permitted assigns. Any assignment or transfer in violation of this Clause will be deemed null and void.

17. NO WAIVER

17.1. We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of this Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Terms of Use.

18. SEVERABILITY

18.1. If any provision of this Terms of Use is held to be invalid, illegal or unenforceable, in any applicable jurisdiction, such provision will be struck from the Terms of Use and the remaining provisions of this Terms of Use shall remain in full force and effect. Further, we shall endeavour to replace such provision with a valid, legally enforceable provision that reflects the original intent.

19. NO AGENCY

19.1. Nothing in this Terms of Use is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you or us or our affiliates. Further, except as expressly provided: (a) neither you nor us shall be deemed to be an agent or representative of the other by virtue of this Terms of Use, (b) neither you nor us is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other, and (c) without limiting the generality of the foregoing, neither you nor us will enter into any contract, agreement, or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.

20. ENTIRE AGREEMENT

20.1. This Terms of Use constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Clauses above shall survive the termination or expiry of this Agreement.

All inquiries may be directed to:

Email id: marketing@samuthana.com

Contact Number: +91 70227 16873

Postal Address: