A. ACCEPTANCE OF TERMS

This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Livingit.

Livingit is a social network platform which aims to bring together users who share similar passions and share their experiences and to meet experts of a passion, to learn more about a particular passion and to pursue the same. Users of this Application (defined below), may, if required, also be referred to as “Users/Visitors”.

Your use of Livingit, which is a web and mobile based application and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as “the Application” which expression shall include the successor or replacement application and/or website) is governed by the following terms and conditions as applicable to the Application (“Terms of Use“). This Terms of Use shall come into effect upon each of Your visit or usage of the Application or upon Your registration or upon You providing any information on the Application. In this Terms of Use, You are contracting with Livsutra Online Solutions Private Limited, a company incorporated under Companies Act, 2013 with registered office at E-1005, Kalpataru Harmony, Kaspate Wasti, Wakad, Pune 411057 (hereinafter referred to as “Livsutra” which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns).

For the purpose of this Terms of Use, “User” / “Visitor” and wherever the context so requires “You”/ “Your” shall mean any natural or legal person who has agreed to become a member of the Application by providing the required data while registering on the Application as user using the computer systems and/ or mobile device of the Application or who has used the Application without becoming a User, and, in both the cases, accepted this electronic version / electronic record of the Terms of Use. A User has allocated himself a unique identification user name (“User ID” and “Password“) to become User. The term and expression “You”/ “Your” shall, unless the context otherwise require shall and include Your legal heir, receivers, successors, liquidators and permitted assigns.

As a User, this Terms of Use shall be effective and binding upon Your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action in clicking on ’E-mail Sign up or Facebook/ G+ sign up buttons’ and/or or any affirmative action as provided on the registration page. If You do not agree or are not willing to be bound by the terms and conditions of this Terms of Use, please do not click on the “check box” and on the “continue” button or any other button and do not seek to obtain access to or otherwise use the Application.

By impliedly or expressly accepting this Terms of Use, You also accept and agree to be bound by various policies of Livsutra as provided from time to time in various hyperlinks on the Application.

Livsutra reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Livsutra will post notice of the changes and the amended Terms of Use at the domain of the Application. It is Your responsibility to review the Terms of Use for any changes and You are encouraged to check the Terms of Use frequently. Your use of the Application following any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. If You do not agree to abide by these or any future Terms of Use, please do not use or access the Application.

As long as You comply with these Terms of Use, Livsutra grants You a personal, non-exclusive, non-transferable, limited privilege to access and use the Application and the services offered by the Application.

B. PRIVACY POLICY

Livsutra has established a Privacy Policy that explains to Users how their information is collected, stored and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Application is governed by the Privacy Policy.

This privacy policy is located HERE.

Except as otherwise described in the Privacy Policy above, as between You and Livsutra, any User Content (defined below) posted by You will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that Your relationship with Livsutra is not a confidential, fiduciary, or other type of special relationship, and that Your decision to submit any User Content does not place Livsutra in a position that is any different from the position held by members of the general public, including with regard to Your User Content. None of Your User Content will be subject to any obligation of confidence on the part of Livsutra, and Livsutra will not be liable for any use or disclosure of any User Content You provide.

“User Content” shall mean all content published by the User on the Application, including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content.

C. MEMBERSHIP ELIGIBILITY

In order to register on the Application, You have to fulfil the following basic criteria for becoming a User on the Application:

  1. Use of the Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Application.
  2. Livsutra reserves the right to terminate Your membership and refuse to provide You with access to the Application if it is brought to Livsutra’s notice or if it is discovered that you are “incompetent to contract”.
  3. Livsutra believes that the information provided by the User is true and correct and in case of any misrepresentation by the User, the User shall be solely held responsible for the same.
  4. If You are registering as or on behalf of a legal entity, You represent that You are duly authorized by the legal entity to accept this Terms of Use and You have the authority to bind that legal entity to this Terms of Use.

D. USER ACCOUNT AND REGISTRATION TERMS:

You need not register with Livsutra to simply visit and view the Application, but to access and participate in certain features of the Application, you will need to create a password protected account (“Account”). To create an Account, You must submit your name and e-mail address through the account registration page on the Application and create a password. You will also have the ability to provide additional optional information, which is not required to register for an Account but may be helpful to Livsutra in providing You with a more customized experience when using the Application. You may also register for an Account using your existing Facebook or Google G+ account and log in credentials (your “Third Party Site Password”)

You are responsible for maintaining the confidentiality of the username and password and where applicable Third Party Site Password (collectively referred to as “Passwords”) and are fully responsible for all activities that occur under Your Account and You shall notify Livsutra immediately of any breach of security or any unauthorised use of Your Account. You hereby expressly acknowledge and agree that You yourself and not Livsutra will be liable for Your losses, damages etc. (whether direct or indirect) (“Losses”) caused by an unauthorised use of Your Account. Notwithstanding the foregoing, You may be liable for the Losses of Livsutra or others due to such unauthorised use.

You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Application registration form or provided by You as a Visitor. If You provide any information that is untrue, inaccurate, not current or incomplete or Livsutra has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Livsutra has the right to indefinitely suspend or terminate or block access of Your membership with the Application and refuse to provide You with access to the Application.

Livsutra does not claim ownership over the User Content posted by You on the Application. Instead on Your registration on the Application You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.

E. USE OF THE APPLICATION:

1. SERVICES PROVIDED ON THE APPLICATION:

The Application has been designed with the sole aim of creating an eco-system of persons interested in a particular passion and to get them together to share their passions. The services provided on this Application are primarily of two types:

  1. General Services: These services allow every registered User to create a profile, share picstories, find other users sharing similar passions, get into a conversation with other users about the shared passion and to follow a mentor and / or other users;
  2. Pay Services: These services allow every registered User to get into a one-on-one discussion with a mentor (also known as the “Mentor Service Program”), who by virtue of his qualifications, experience and accomplishments, may provide valuable advice to the User to follow his/her passion. These services incur certain charges and the User shall have to make payment for availing the same.

These General Services and Pay Services shall be collectively referred to as “Services”.

2. PUBLICATION OF USER CONTENT

You are solely responsible for Your User Content, and Livsutra and the Application acts only as a passive conduit for Your online distribution and publication of Your User Content. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

  1. Belongs to another person and to which You do not have any right to.
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
  3. Harm minors in any way.
  4. Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
  5. Violates any law for the time being in force.
    Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
  6. Impersonate another person.
  7. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  8. Threatens the unity, integrity, defence, 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;
  9. Shall not be false, inaccurate or misleading;
  10. Shall not create liability for Livsutra or cause Livsutra to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.

Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, Terms of Use and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to Livsutra against You either in this Terms of Use or any policy contained herein, in any applicable law or under torts.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and international laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding Your use of our service. You shall not engage in any transaction in service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

3. INTERACTION WITH OTHER USERS AND MENTORS:

You are solely responsible for your interaction with other users and the mentors of the Application, whether online or offline. You agree that Livsutra is not responsible or liable for the conduct of any user or mentor. Livsutra reserves the right, but has no obligation, to monitor or become involved in disputes between You and other users and mentors. Exercise common sense and your best judgment when interacting with others, including when You submit or post User Content or any personal or other information.

F. PAYMENT POLICY:

Apart from the General Services, User may avail of the Pay Services on the Application too. These Pay Services are chargeable and the charges as mentioned in these Terms of Use may be changed by Livsutra from time to time. Livsutra makes use of third party payment gateway for allowing the Users to make payment for these Pay Services.

For making the payment for the Pay Services, the User may have to provide additional information to these third party payment gateways. Livsutra shall not be responsible for any failed transaction of the User and in case of any dispute relating to the payment for these Pay Services, the same shall be between the User and the third party payment gateway.

G. INTELLECTUAL PROPERTY RIGHTS:

1. INTELLECTUAL PROPERTY OF LIVSUTRA:

The Application is owned by Livsutra. Livsutra is the sole owner of the Application and all software created to provide You with the services. Livsutra provides You with a single limited license to download, use and access the Application on Your mobile telephone devices for the limited purpose of using the services. The license is specifically personal, non-transferable, and non-exclusive. All content on the Application, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of Livsutra. You may not copy, reproduce or use such Content without due attribution of ownership to Livsutra. All icons and logos are trademarks of and proprietary to Livsutra. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

All Content is the exclusive copyright of Livsutra or its licensors, except any third party Content and link to third party website. Systematic retrieval of Livsutra’s Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Livsutra is prohibited. In addition, use of the Content for any purpose not expressly permitted by Livsutra in this Terms of Use is prohibited and may invite legal action.

2. INTELLECTUAL PROPERTY OF USER:

You represent and warrant that: (i) You own the User Content posted by You on or through the Application or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of Your User Content on or through the Application does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed by reason of User Content You post on or through the Application; and (iv) You have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

You hereby waive any claim against Livsutra for any alleged or actual infringement of any Intellectual Property Rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Content. Notwithstanding the foregoing, User Content containing personal information and data shall be governed by Livsutra.

The User represents and warrants that to the extent that he/she submits personal data in connection with becoming a User, all such information will be truthful, accurate, and not misleading, and shall not omit or fail to state any material information.

User shall not upload any User Content that infringes the Intellectual Property Rights of any third party. In case of any dispute with regard to infringement by the User of any third party’s Intellectual Property Rights, the Company shall not be a party to such a dispute.

 “Intellectual Property Rights” shall mean collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (i) patents, patent disclosures, patent specifications, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and confidential information; and (v) Internet domain names, Internet and World Wide Web URLs or addresses; (vi) mask work rights, mask work registrations and applications therefore; and (vii) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.

H. THIRD PARTY LINKS:

There may be links from the Application, or from communications You receive from the Application, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Application. The Application also includes third-party content that Livsutra does not control, maintain or endorse. Functionality on the Application may also permit interactions between the Application and a third-party web site or feature, including applications that connect the Application or Your profile on the Application with a third-party web site or feature. For example, the Application may include a feature that enables You to share User Content from the Application or your User Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires You to login to Your account on the third-party service and you do so at your own risk. Livsutra does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Livsutra is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE APPLICATION ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at Your sole and absolute discretion and risk, to use applications that connect the Application or your profile on the Application with a third-party service (“Third Party Service”) and such Third Party Service may interact with, connect to or gather and/or pull information from and to Your Application profile. By using such Third Party Services, you acknowledge and agree to the following: (i) if You use a Third Party Service to share information, You are consenting to information about Your profile on the Application being shared; (ii) Your use of a Third Party Service may cause personally identifying information to be publicly disclosed and/or associated with You, even if Livsutra has not itself provided such information; and (iii) Your use of a Third Party Service is at your own option and risk, and You will hold Livsutra harmless for activity related to the Third Party Service.

I. TERMINATION AND SUSPENSION:

You agree that Livsutra may at any time terminate Your access to the Application or restrict or suspend Your access to all or any part of the Application at any time, for any or no reason, with or without prior notice, and without liability and upon termination, all licenses and other rights granted to You in these Terms of Use will immediately cease.

Livsutra shall be entitled at any time without giving any reason to terminate the booking of any Services done by You.

J. DISCLAIMER OF SERVICES:

THE APPLICATION, INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED ON THE APPLICATION, IS PROVIDED ON AN “AS IS“, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER LIVSUTRA NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “LIVSUTRA PARTIES“) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO LIVSUTRA OR VIA THE APPLICATION. IN ADDITION, THE LIVSUTRA PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE LIVSUTRA PARTIES DO NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVER THAT MAKES THE APPLICATION AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE LIVSUTRA PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE APPLICATION IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE LIVSUTRA PARTIES DO NOT WARRANT THAT YOUR USE OF THE APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE LIVSUTRA PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION.

THE LIVSUTRA PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

K. LIMITATION OF LIABILITIES:

YOU AGREE NOT TO HOLD THE LIVSUTRA PARTIES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, DEFAMATION ETC.), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY LIVSUTRA OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL THE LIVSUTRA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE LIVSUTRA PARTIES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO LIVSUTRA FOR AVAILING THE SERVICES.

L. INDEMNIFICATION:

You agree to defend, indemnify and hold harmless the Livsutra Parties, 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 Your Use of access to and participation in the Application, Your violation of any provision of the Terms of Use including the Privacy Policy; Your violation of any third party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right. This defence and indemnification obligation will survive these Terms of Use and Your Use of this Application.

M. RELEASE:

Livsutra expressly disclaims any liability beyond service contract value that may arise between Users of its Application. Livsutra is only a social network to bring together users of common interest. Though Livsutra takes utmost care in collecting information and background check of the Users still Livsutra may have missed out any information unknowingly and/or Users have not have shared the correct and all information with Livsutra. Hence if any dispute arises with one or more Users, You release Livsutra Parties from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

N. DISPUTE RESOLUTION:

In case of any dispute between the user(s) and mentor(s) and/ or among users, the parties agree to resolve the matter amicably vide arbitration under the Indian Arbitration & Conciliation Act, 1996. The venue of the arbitration shall be Pune, India. The language of the arbitration shall be English.

O. AGENCY:

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser- franchisee relationship is intended or created between Livsutra and the Users by these Terms of Use.

P. FORCE MAJEURE:

Without limiting the foregoing, under no circumstances shall Livsutra be held liable for any damage or loss due to deficiency in performance of any Service on the Application resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.

Q. PRESERVATION AND DISCLOSURE:

You acknowledge, consent and agree that Livsutra may access, preserve and disclose Your Account information and User Content if required to do so by law or in good faith belief that such access, preservation or disclosure is reasonably necessary to:

  1. Comply with legal process either nationally or internationally;
  2. Enforce these Terms of Use;
  3. Respond to claims that any Content violates third party rights;
  4. Respond to Your request for Service;
  5. Protect the rights, property or personal safety of Livsutra, its subscribers and the public; or
  6. Pursuant to the Privacy Policy.

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