Terms & Condition

TERMS AND CONDITIONS

Terms & Conditions
User Agreement

The terms of use (defined hereinafter as “Terms”) create a legally binding agreement between the Company (Life Within) (defined hereinafter as the “Company”) and you/ You/ The User regarding the use of the website i.e. www.lifewithin.in (the Site) by you and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (defined hereinafter as “Service”). “User” or “You” shall mean any person who accesses or avails this Website for the purpose of transacting, hosting, publishing, sharing, displaying, uploading or downloading any information or views and includes other persons jointly participating in using the site of the Company. By accessing the Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms.

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to the Company certain personal information. You agree to maintain in bona fide accurate, complete, and up-to-date information. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Company’s termination of these Terms with you. You are responsible for all or any activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account. You shall not use the Company Website for any illegal or fraudulent purposes barred by law or in general including creation of multiple accounts. Any such illegal or fraudulent use may render you liable under civil and/ or criminal action along with quasi-judicial enquiry, if any, including but not limited to equitable remedies, injunctions, etc., and all other remedies available at the recourse of Company Website. Company also reserves the right to reverse illegitimate and/ or fraudulent purchases, if any, by you at any time even after the purchase of offers by you in addition to the right to further disable your use or cancel your account.

Territory

The Website is directed solely at those who access the Website from the Republic of India. The Site makes no representation that contents available or otherwise suitable for use outside the Republic of India. If you choose to access the Website (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.

Intellectual Property Rights

Life Within grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by Life Within. All Intellectual Property Rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, (subject to the Title & Ownership Rights as mentioned below) information content on the Website or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, videos, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the property of Life Within (or that of its licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.

None of the material listed in this clause may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without Life Withinprior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print / save one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.

Life Within Logos and variations thereof found on the website are trademarks owned by Life Within and all use of these marks inures to the benefit of Life Within. All rights (including goodwill and, where relevant, trade marks) in Life Within name are owned by Life Within (or its licensors). Other product and company names mentioned on the Website Life Within are the trademarks or registered trademarks of their respective owners.

The title, Ownership Rights and Intellectual Property Rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.

Subject to the Clause below, any material you transmit or post or submit to the Website (or otherwise to Life Within) shall be considered (and Life Within may treat it as) non-confidential and non-proprietary, subject to Life Within obligations under data protection legislation or such legislation that provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to Life Within from whatever source (i.e. via email, the Website or otherwise) you grant Life Within a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to Life Within by you; or (ii) in response to solicitations by Life Within regarding the Service or the Website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain Life Within property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to Life Within. You understand and acknowledge that Life Within have both internal resources and other external resources that may have developed or may in the future develop ideas identical to or similar to Ideas and that Life Within are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and Life Within assume no obligation, express or implied by considering it. Without limitation, Life Within shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

Life Within strictly restricts you from any attempt to market, sale, make any commercial use of any part or complete website; including but not limited to any collection and use of any information/content; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of any third party; or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the content/information/pages from this Site.

Membership Fees/ Subscription Charges

The Company shall at all times reserve the right to impose a membership fee or subscription charge from you, by giving prior notice, in respect of any Service, provided under this Website.

Right to Transfer

The right to use this Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password(s), if any. The User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Company, and Company shall not be held responsible for any data lost or misused by a third party while transmitting information on the Internet in any manner whatsoever.

Not on Uninterrupted Basis

While it is Company’s objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Company, access to the Website may be interrupted, suspended or terminated from time to time. Company reserves the right, in its sole discretion, to terminate the access to any or all Company website(s) and the related services or any portion thereof at any time, without notice. Company shall also have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, graphics, offers, settings, hours of availability and equipment needed for access or use. Further, Company may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

Equipment

User’s Responsibility: The Services and use of the website do not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this Website and all charges related thereto. Company shall not be liable for any damages to the User’s equipment resulting from the use of this Website.

User Conduct

Restrictions

The User undertakes without limitation, not to use or permit anyone else to use the Service or Website:
a.) to upload, present, send or receive any information for which you have not obtained all necessary license and/ or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability or otherwise be contrary to the law of or infringes the rights of any third party in any country in the world;
b.) to upload, present, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
c.) to intercept or attempt to intercept any communications transmitted by way of a telecommunication system;
– for a purpose other than for which we have designed them or intended them to be used;
– for any fraudulent purposes; or
– in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
d.) to upload, present, send or receive any material, which is not civil or tasteful.
e.) to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libelous nature of any person or entity, in contempt of Court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights; or
f.) to cause annoyance, inconvenience or needless anxiety.

Forbidden Uses

The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
a.) resell the Services or Site;
b.) furnish false data;
c.) attempt to circumvent our security or network including but not limited to accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
d.) access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
e.) execute any form of network monitoring which will intercept data not intended for you;
j.) use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
k.) use in an unauthorized manner, or forge, mail header information;
l.) engage in any unlawful or criminal activity in connection with the use of the Services and/ or the Site; or
m.) copy or use any User Content for any commercial purposes; or
n.) engage in any frivolous act that hampers the goodwill and brand reputation of Company or its Website in any manner whatsoever.
The User shall not use this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website to become users of other online or offline services directly or indirectly competitive or potentially competitive with the Company.

Disclaimer of Warranty and Limitation of Liability

The User expressly agrees that use of the Website is at the User’s sole risk. Neither the Company nor any of their respective employees, agents, and third party content providers warrant that use of the Website will be uninterrupted or error-free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website, or (ii) the accuracy, reliability or content of any information, Service provided through the Website.

The Website is made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

The Company does not give any warranty that the Services or the Website are free from viruses or anything else, which may have a harmful effect on any technology.

The Company reserves the right to change, modify substitute, suspend or remove without notice any information or Service from the Website forming part of the Service from time to time. Your access to the Website and/ or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Company will attempt to restore such access as soon as it reasonably can. The Company assumes no responsibility for functionality, which is dependent on your browser or other third party software to operate.

The Company reserves the right to block access to and/ or to edit or remove any material, which in its reasonable opinion may give rise to a breach of this Agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that the Company is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

The Company will not be held liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total Offer price paid or payable to you under this Agreement.

Any issues or concerns faced by the User at the time of availing any such services/ products shall be the sole responsibility of the Merchant. The Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Merchant.

Unless explicitly committed by the Company as a part of any product or service:

The Company assumes no liability for the standard of services as provided by the respective Merchants.
The Company provides no guarantee with regard to their quality or fitness as represented by the Merchants.
The Company doesn’t guarantee the availability of any services as listed by a Merchant.

Termination

Life Within may terminate this Agreement at any time. Without limiting the foregoing, Life Within shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which Life Within, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.

One User can have only one Account with a unique e-mail ID and unique phone number. If Life Within has any suspicion or knowledge that any of its Users has created multiple Accounts with different e-mail addresses or phone numbers (including but not limited to account creation by using false names or providing misleading data for creating those Accounts or using disposable email addresses or disposable phone numbers) to misuse or take undue advantage of the promotional benefits being provided on the Website, then Life Within may while reserving its rights to initiate civil and/ or criminal proceedings against such User may also at its sole discretion terminate, suspend, block, restrict, cancel the Account of such User and/ or disqualify that User and any related Users from availing the services ordered or undue benefits availed through these accounts.

All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement.

The Company’s right to terminate this Agreement shall not prejudice any other right or remedy it may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

Time Limit for Reporting Grievance

You agree that for any cause of action arising out of or related to the Company’s web sites must commence within one (1) year after the cause of action arises otherwise, such cause of action will be permanently time-barred.

Privacy Policy

You must use all information received by you from your use of Website in accordance with the Company’s Privacy Policy, which is incorporated into and forms part of the Terms, by which your personal data may be used by the Company.

Indemnification by User

The User agrees to defend, indemnify and hold harmless Life Within, its Subsidiaries and Business Associates, and their respective Directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Website by the User; the use of the Service or Website through your password; or any breach of this Agreement by you.

License Grant

By posting communications on or through this Website, the User shall be deemed to have granted to Life Within, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

Advertisement

The Company may place advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time at the sole discretion of the Company.

You are free to select or click on advertised goods and services or not as you seem fit.

Any advertisements may be delivered on our behalf by a Third Party Advertiser.

No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our Third Party Advertiser or affiliate may place or recognize a unique “cookie” on your browser (see our Privacy Policy about this). If you would like more information about this practice and to know your choices about not having this information used by any Company, see our Privacy Policy for more information.

Monitoring

The Company shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by the Company, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Relationship

The relationship between you and the Company shall be on a principal-to-principal basis. None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever.

Force Majeure

Without prejudice to any other provision herein, the Company shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the Company’s control, including, without limitation, acts of the User, embargo or other Governmental act, regulation or request affecting the conduct of the Company’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.

Miscellaneous

This Agreement/ Terms of Use and our Privacy Policy (including our Cookie Policy) constitute the entire agreement between the parties with respect to the subject matter hereof. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.

No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall be of no legal force or effect.

If any provision of this Agreement is held invalid by a Court of competent jurisdiction, such invalidity shall not affect the enforce ability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

All provisions of this Agreement apply equally to and are for the benefit of the Company, its Subsidiaries, any Holding Companies of the Company, its (for their) affiliated and/ or their Third Party Content Providers and Licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).

The legal issues arising out of, but not exclusive to the use of, this Website (unless otherwise specifically stated) are governed by and in accordance with the laws of India (exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the Courts in Delhi.

Reporting Violation of Copyright Infringement

The Company is committed to removing any infringing or unlicensed product or service once an authorized representative of the rights owner properly reports them to the Company. The Company sincerely wants to ensure that the materials/ contents/ images posted on the Website do not infringe upon the copyright, trademark or other intellectual property rights of third parties. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) that may be infringed upon by materials/ contents/ images posted on the Website is encouraged to report the same to the Company.

Contact Us

In accordance with the Information Technology Act, 2000, and the Rules made thereunder, if you have any questions regarding our Privacy Policy or our Terms of Sale or Terms of Use of the site, you may contact our Support Team at the details mentioned below:

Name: Laxman Singh Bhandari
Phone No.: +91 98 9911 3616
Address: 56-A, Red Flats, Punjbai Bagh West, New Delhi 110026
E-mail: lifewithin.ind@gmail.com
Time: 10.00 am to 5.00 pm (Monday to Friday)