These terms and conditions (T&C) apply to everyone who access and use www.meihikyun.in or www.meihikyun.com website (hereinafter called the “Website”). The website has been developed, maintained and operated by “Vaarta Initiative” (a proprietorship firm).
This document is an electronic record in terms of the Information Technology Act, 2000, and rules made thereunder, as applicable, and the provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By using this WEBSITE you are agreeing to be bound by these Terms and Conditions for accessing this WEBSITE. Please read and understand all the terms and conditions before you get registered on this WEBSITE and access and use the services provided through this WEBSITE. You shall be bound by all the T&C mentioned herein and if you do not agree or accept any of these T&Cs, then do not use this WEBSITE or access and avail any of the Services being provided therein. Your acceptance to these T&C shall become a binding agreement between you and Vaarta Initiative for the purposes of services provided/ availed using this WEBSITE
The terms in these T&C will have the meaning assigned to them hereinbelow:
“Account” refers to the account created by a Subscriber/ writer/ blogger/ expert or any other person on the Website.
“Act” means the Information Technology Act, 2000 and the rules made thereunder, as amended from time to time.
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board or a court of India.
“Authorized Person” means the person authorized/ appointed/ employed by the owner to lookafter the operations of the website and to carry out all the legal obligations or comply with all legal formalities applicable to this website.
“Blogger/ Writer/ Expert/ Adviser” shall mean and include such individuals who are writing blog or uploading article(s), write up or providing advice to various subscribers through this website in accordance with applicable laws. While doing such acts every person shall ensure that he/ she is legally authorized and have the desired qualification as per law.
“Registration Data” shall mean and include the name, address, Mobile number, Email ID, DOB and such other particulars and information as may be required by www.meihikyun.in/com from time to time, provided by the subscriber at the time of registration on the Website.
“Subscriber” means every person who is registered on this website, being capable of entering into legally binding contract himself/ herself as per Indian Laws and who is not prohibited by law from doing so.
“WEBSITE” shall mean the site developed for use as a WEBSITE known as “www,meihikyun.in/com” as may be modified or updated from time to time.
“You”, “Your” or “Yourself” shall mean reference to the Subscriber accessing the WEBSITE.
- Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
- Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.
- Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
3 .Registration and Account
- If you are competent to enter into a contract independently as per Indian Laws you can avail our Services. Every person must ensure before registering on website that he/ she is legally capable of entering into a legally binding contract himself/ herself as per Indian Laws and is not prohibited to do so.
- You can get yourself registered on this website by filling up the registration details and after agreeing to these terms and conditions. By clicking on agree and continue you hereby confirm that you have read and understood all the terms and conditions mentioned herein, either yourself or with the help of someone, and feeding of one time password (OTP) sent on your email/ Mobile number will reaffirm that you have agreed to abide by these terms and conditions and will never claim to have not understood these terms on any pretext.
- If these terms and conditions are not in a language you understand please take help of some reliable person to translate these for you so that you understand each clause before agreeing to this agreement.
4. Duties, Responsibilities of Subscribers:
- Every subscriber shall be responsible to provide true and correct details while registering on this website. He/ She shall be solely responsible for providing true and correct information and in case any information is found to be false/ incorrect or wrong, he/ she shall be solely liable for all the legal consequences.
- It would be your responsibility to ensure that whatever you post on the website does not violate any law including Intellectual Property Rights of any person/ firm/ company or entity. In case of any such illegal act you shall be liable to indemnify and compensate us for loss occurred or damages suffered.
- While commenting on other’s post or advising you must take due care of legal implications because any violation of law may lend you in trouble. We don’t take any responsibility for the posts made, views or opinions expressed, suggestions given by any one on this website. The subscriber himself/ herself must verify and satisfy himself/ herself about the consequences/ impact or results of acting on advice/ suggestion given.
- We are making an effort to provide a platform where people facing issues or problems can resolve them by discussions or with the help of other participants and in any case we neither endorse any one’s views, opinions, suggestions nor advice any one to accept and act on them. It is solely the prerogative of subscriber whether to accept and act on those suggestions or not. WE CLEARLY DISOWN ANY LIABILITY FOR ANY VIEWS, OPINIONS, SUGGESTIONS EXPRESSED OR PROVIDED BY THE SUBSCRIBERS OR EXPERTS/ ADVISER/ CONSULTANTS.
- We are merely facilitating or providing a platform where you read views, opinions, suggestions, advice, articles, blog, write up of others on various topics, issues, problems.
- THIS WEBSITE IS JUST FOR THE PURPOSE OF FACILITATING DISCUSSION AMONGST PERSONS FACING SAME OR SIMILAR ISSUES, PROBLEMS AND TO LEARN FROM THE EXPERIENCE OF OTHERS. IT DOES NOT MEAN THAT SOLUTIONS SUGGESTED HERE ARE FOOL PROOF OR WILL PROVIDE THE DESIRED RESULTS. WE ADVICE YOU TO SEEK PROPER EXPERT ADVICE BEFORE ACTING ON ANY SUCH ADVICE.
- Every subscriber must take due care while posting anything. Use of abusive, vulgar, inappropriate, indecent language is prohibited. Your account will be inactivated if you do so or on receipt of complaint against you.
- You understand that by agreeing to these T&Cs, You are entering into a binding contract with us and will keep us indemnified against any loss caused or damage occurred, due to any improper act of yours.
- Every Expert/ Consultant/ Adviser providing consultancy/ advice for fee or charges shall himself/ herself be solely responsible for such advice or consultancy and in any case we shall not be held responsible for any wrong advice. Moreover every such expert/ consultant/ adviser shall keep us indemnified against any loss incurred or damage caused due to his/her act.
- Every blogger/ writer / subscriber shall be solely responsible for posts made or write up uploaded or blog written. Every such person shall ensure that there write up does not violate IPR of others. If any one does so he/ she shall solely be responsible for all the costs and consequences besides indemnifying and compensating us by way of damages for loss of reputation.
5. Obligations of Subscriber
- You shall use decent language and respect other subscribers while using this website.
- You shall ensure that all your posts are ethical and logical.
- You shall post only true and correct facts.
- You agree, undertake and confirm that you will comply all applicable laws.
- You may use the Website for lawful purposes only.
- You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You do not have any right to; or that interferes with another user’s use and enjoyment of the Website or any other individual’s use and enjoyment of similar services; or
- is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing another user, the same being qualified to include behavior termed as “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986,; or
- is misleading in any way; or
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or
- infringes upon or violates any third party’s rights, [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number)]; or
- contains restricted or password-only access pages, or hidden pages or images (those not linked to the WEBSITE or from another accessible page); or
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
- contains video, photographs, or images of another person without his or her express written consent and permission, or the permission or the consent of his /her guardian in the case of a minor; or
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable codes of conduct or end user access and license agreements) to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- engages in commercial activities and/or sales without Our prior written consent, including activities such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items. [Throughout these T&Cs, Our “prior written consent” means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization]; or
- refers to any website or URL that, in Our sole opinion, contains material that is inappropriate for the WEBSITE, or contains content that would be prohibited or violates the letter or spirit of these T&Cs; or
- harm minors in any way; or
- is fraudulent or involve the sale of counterfeit or stolen items; or
- violates any law for the time being in force; or
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
- exhibits the tenor of impersonating another person; or
- 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 identifiable information or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website; or
- 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 to any other nation; or
- is false, inaccurate or misleading; or
- directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law for the time being in force; or
- creates any liability for Us or causes Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
6. Content Posted on WEBSITE and Intellectual Property
- All text, graphics, user or visual interfaces, photographs, trademarks, logos, sounds, music, artwork, design and computer code (hereinafter referred to as “Content”), including but not limited to the arrangement of such content, contained on the Website is developed, owned, controlled or licensed by or to us, and is protected under copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
- No content of Website should be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way.
- All logos, trademarks, brand images and other materials used on the Website and owned by us. Vaarta Initiative owns all such intellectual property rights in connection with the Website. Third party trademarks may appear on this WEBSITE and all rights therein are reserved to the registered owners of those trademarks.
- You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any applicable Laws and for any infringements of any intellectual property rights caused by use of the Website.
7. Seeking Expert Advice
You may seek expert advice after making payment of the prescribed fee/ charges. After making payment you can mail your query alongwith relevant information/ documents and receipt of fee/ charges paid to the concerned expert. Depending upon the quantum or work and nature of query you may receive reply within 48 hours. In case you do not receive reply within prescribed period you may contact us on our given mail id. In case you wish to get reply within certain prescribed time you can seek our prior confirmation in that regard.
You can pay the fee/ charges online by clicking on button pay. For other modes of payment you can visit our website.
9. Service Charges
At present, we don’t charge any fees for the use of our services by Subscribers. However, in future, we reserve the right to charge fee and change our policies, including these T&Cs, from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing Services offered on the WEBSITE. In such an event we reserve the right, without notice to you, to introduce fees for the new services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented/published on the WEBSITE. It shall be your responsibility to check the Website for any such changes/ updates.
10. Third party Products
We do not take responsibility or liability for the actions, products, content and services on the Website/ WEBSITE, which are linked to affiliates and/or third party websites using Our APIs or otherwise. In addition, we may provide link to third party websites of affiliated companies and certain other businesses for which, we assume no responsibility for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof. Your reference to and use of the same, shall be solely at your own risk.
11. Termination or Closure of the Account
We reserve the right to modify, terminate or suspend the services to you at any time, without prior notice, due to any changes in our internal policy or the applicable Laws or any breach of these T&Cs by you, or for any reason whatsoever. You can terminate Your Account by submitting a request to us. We will make every effort to respond to your request for termination at the earliest. You will remain responsible for all transactions that occurred prior to termination of Your Account.
1. Except for our limited role of providing a communication platform to you as desired, we are not involved in any underlying transaction between you and expert/ adviser/ consultant or any other party. We are not a selling agent in relation to any sale of goods or services to you by any such person or party. We shall not be liable for the quality of services rendered, safety of goods consigned, punctuality, legality of documents / entity or transaction, timely delivery or any other aspect of any service that you may avail using the Website. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. We do not guarantee and do not promise any specific results from use of the Website and/or the services. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Website or Services. Without prejudice to the forgoing paragraph, We do not warrant that:
- The Website will be constantly available, or available at all; or
- The information on the Website is complete, true, accurate or non-misleading; or
- Any defects in the Website will be corrected; or
- The Website, information, Content, materials, product (including software) or services included on or otherwise made available to You through the WEBSITE; their servers; or electronic communication sent from Us are free of viruses or other harmful components; or
- Content on the Website constitutes, or is meant to constitute, advice of any kind.
2. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Website.
3. We shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Subscriber arising out of the use of advice offered by any expert or subscriber or due to the failure to provide services to the Subscriber for any reason whatsoever including but not limited to partial or total failure of any network or data processing system, computer or telecommunications system or other circumstances whether or not beyond our control or any person or any organization involved in the above mentioned systems, including any delay in providing the services.
4. You acknowledge that while we employs certain quality control measures, we does not, and cannot exercise control over the quality or safety of the services availed by you from the experts, using this Website.
5. We will not be liable for any damages of any kind arising from the use of the service offered by the expert including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6. We will take all reasonable steps to ensure that expert provide proper services, but there may be exceptions and if any Subscriber suffers any loss due to any act or omission by the expert, we will not be held liable for any compensation.
7. The advisory services, and any claim resulting from the same, requested through the WEBSITE, remains the responsibility of the expert, and we shall not be liable for any conduct of the expert. We request you to notify any complaints that you have against any expert that you have hired using the Website.
8. We do not authorize anyone to make a warranty on our behalf and you shall not rely on any statement of warranty given by anyone on our behalf.
9. Meihikyun.in/com, its affiliates, and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Service or the Website, or Your reliance upon the Service or the information contained in the WEBSITE.
13. Privacy of data
2. You acknowledge that the information made available by you on the Website, including location data, may be accessible to certain other users of the Website.
3. You hereby expressly consent to receive communications from us on your registered phone number and/or Email ID. You consent to be contacted by us via phone calls and/or SMS notifications. You agree that this authorization will have an overriding effect and any communication so received by you from us will not amount to unsolicited communication or a violation of your registration on the national do not call registry.
4. You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your account and the Website, whether initiated by you or any third party. The password and other details of the Account should not be shared with any third party. Your account is non-transferable and is not capable of being transferred/ sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without Your knowledge.
5. It is possible that other wrongful persons such as hackers or cheaters may post or transmit wrongful, offensive or obscene materials on the Website and you may be exposed to such wrongful, offensive and obscene materials. It is also possible for others to obtain your personal information from public forum due to your use of the Website, and such recipient may use such information to manipulate, harass or cause loss to you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we shall not be responsible for the use of any Personal Information that you publicly disclose or share with others on the Website. Please be careful while sharing your details with others on the Website or on other social Website.
14. Notices and Communication
Any notice in relation to these T&Cs may be sent in writing to:
Attn: Team Meihikyun.in
15. Indemnity and Limitation of Liability
1. You will defend, indemnify and hold harmless meihikyun.in/com, and each of its affiliates (and its respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: the use or misuse of Services, Website or any violation of these T&Cs.
2. For purposes hereof: “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
3. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL WWW.MEIHIKYUN.IN/COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE T&Cs, INCLUDING LOST PROFITS, ONWARD JOURNEY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, WEBSITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED INR 1,000/- (RUPESS ONE THOUSAND ONLY).
16. Force Majeure
- We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
- For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of MEIHIKYUN.
17. Copyright complaint
We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to Us at ADMIN@MEIHIKYUN.IN.
Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.
19. Revision of T&Cs
1. We reserve the right to change any of the T&Cs or any policies or guidelines governing the Website or Services, at any time and at our sole discretion. Any changes will be effective upon posting of the revisions on the Website and we may send you an automated e-mail at your Email ID informing about the changes made.
2. Unless otherwise specified by us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Website. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such revised T&Cs. If you do not agree to the revised T&Cs, you should discontinue accessing our Website or using our services immediately
3. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to you. It is your responsibility to review these T&Cs periodically for updates/ changes. Your continued use of the WEBSITE following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these T&Cs, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the WEBSITE.
20. Grievance Redressal
- 1. If you are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact our Subscriber care at ADMIN@MEIHIKYUN.IN.
- 2. The procedure of escalation of complaints shall be as follows:
Escalation Level – 1: Write to Team MEIHIKYUN
E-mail: ADMIN@MEIHIKYUN.IN. Response Time: 72 hours
If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.
22. Governing Law and Dispute Resolution
1. Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the applicable Law shall be amicably settled through mutual consultation and escalation at such offices of meihikyun as may be designated. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by us and the Subscriber.
2. The arbitration proceedings shall be conducted in the English language/ Hindi. The venue for the arbitration proceedings shall be Ludhiana.
3. This T&Cs shall be governed by and construed in accordance with the laws of India and, subject to this Clause, we and you agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent Court in Ludhiana, India only.
In addition to the above T&Cs, You understand and agree that you shall also be bound by the general ‘MEIHIKYUN terms and conditions’ applicable to your use of the services rendered by Us as available at website. Only to the extent of any conflict between the said terms and conditions relating to the Services, the terms of these T&Cs shall prevail.