Terms of Use

1. Terms of Use

1. These terms of use (the "Terms of Use") govern your use of the " I Am - Playbook to Happiness" application for mobile and handheld devices (the "Platform"), owned and operated by Arka Capital Advisors Private Limited, an entity registered under the laws of India (the "Company"). Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, please do not use the services on the Platform, and we request you to uninstall the Platform. By installing, downloading or even merely using the Platform, you shall be contracting with the Company, and you signify your acceptance to these Terms of Use and other Company policies as adopted by the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement between you and the Company.
2. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transact on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "Company", "we", "us" or "our" shall mean and include, Arka Capital Advisors Private Limited, along with its existing or future, affiliates, licensors, service providers, employees, agents, officers or directors, as the context requires.
3. The Company enables registered users of the Platform to access photos, videos, and written content (collectively referred to as “Content”). The Company may amend the Content, from time to time, at its sole discretion, as it may deem necessary. The Company allows the registered users of the Platform to view, and download for non- commercial purposes, the Content. The Company also allows registered users to post written comments (“User Content”) to discuss the Content and interact with other users. However, you shall not misuse the feature to upload User Content that is prohibited under these Terms of Use. You are also required to ensure that you only share User Content on the Platform for which you have the necessary rights, and which is non-violative of the copyright or any other intellectual property rights belonging to third parties. It is a violation of these Terms of Use to upload User Content containing copyrighted content which may infringe third party intellectual property rights.
4. You agree that the Content constitutes, in part, a self-help system designed as a self- transformation tool, and that if you choose to utilize the Content you are solely responsible for deciding which of the suggested techniques you put into practice and how you apply those techniques. As such, you agree that the Company is not a healthcare provider and does not render any medical or diagnostic services nor will the Platform be considered as a ‘medical device’ under applicable laws of India. Any advice or other materials provided through the Platform are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for independent professional medical advice based on your personal, mental, psychological, physiological health, condition or circumstances. Such advice and other materials are not intended to replace the advice of a healthcare providers. We are not liable or responsible for any actions taken due to your having used the Platform. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the Content, advice, other materials and information published on or through the Platform and disclaim our liability in relation thereto. If you receive advice from a medical professional which conflicts with anything contained on the Platform, then the advice of the medical professional should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through the Platform. If you think you may have a medical emergency, contact a medical professional at the earliest.

2. Amendments and Updates

1. These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Company policies at any time by posting modified documents on the Platform. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Company policies and note the changes made on the Platform. Your continued usage of the Platform after any change is posted constitutes your acceptance of the amended Terms of Use and other Company policies. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions of the Company as may be posted on the Platform from time to time.
2. As our Platform will be subject to regular and periodic updates, you agree and acknowledge that these Terms of Use will apply to such updates as well.

3. Use of Platform

1. The Company does not make any representation or warranty with respect to any aspect of the Content being provided through the Platform.
2. We may, from time to time, add, remove, or alter the functionality of all our features. Our features are evolving and dynamic, and we may add/remove or modify the existing attributes of these features from time to time. We do not give any assurances to the effect that:
   1. the features will be error-free or always available for your use;
   2. all functionalities of the features will be available at all times; or
   3. any Content posted will be accurate.

Use of the Platform (Android, iOS, etc.)

You agree, undertake, and confirm that your use of Platform shall be governed by the following binding principles:

1. You shall not, contrary to applicable law, host, display, upload, download, modify, publish, transmit, update, or share any information, including but not limited to, which:
1. belongs to another person and which you do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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. is misleading or misrepresentative in any way;
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. is insulting, harasses or advocates harassment of another person on the basis of gender, racially or ethnically objectionable;
6. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
7. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights including patent, trademark and copyright, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
8. promotes an illegal or unauthorized copy of another person's copyrighted work (see IP Notice and Take Down Policy below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
10. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or involve the sale of counterfeit or stolen products;
11. contains video, photographs, or images of another person (with a minor or an adult);
12. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
13. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
14. interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;
15. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
16. harms minors in any way;
17. violates any law for the time being in force;
18. 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 information which is patently false and untrue or misleading, is identified as fake or false or misleading;
19. impersonates another person;
20. 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;
21. 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
22. is false, inaccurate or misleading;
23. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
24. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content or User Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content or User Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'I Am - Playbook to Happiness', or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or the Platform or otherwise tarnish or dilute Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, or with any other person's use of the Platform.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
8. You may not use the Platform or any Content or User Content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of the Company and/or others.
9. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules made thereunder; and (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force), regarding your use of our Platform.
10. We reserve the right, but have no obligation, to monitor the materials posted on the Platform solely in accordance with applicable law. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that the User Content posted by users in no way reflects the Company’s views. In no event shall the Company assume or have any responsibility or liability for any User Content posted or for any claims, damages or losses resulting from use of User Content and/or appearance of User Content on the Platform. You hereby represent and warrant that you have all necessary rights in, or have sought permission from the rightful owner to all User Content which you provide and all information it contains and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
11. It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
12. The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

4. Account Registration

1. You may access the Platform by logging in through third-party social media platforms that are linked on the Platform.
2. We will create your account for your use of the Platform based upon the personal information you provide to us. You can only have one account and are not permitted to create multiple accounts. The Company reserves the right to suspend, deactivate or delete such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform or attempt to access the Platform through multiple devices/sources/operators.
3. You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current and complete. Further, we may also request additional information and documents as reasonably required to us, prior to creating your account or at any other point post creation of your account:
1. at the request of any competent authority or pursuant to any applicable law or regulation (including laws relating to anti-money laundering or countering the financing of terrorism);
2. if we have reason to believe that: (A) your account is being used for money laundering or other illegal activity; or (B) your account was in breach of these Terms of Use.
4. We reserve the right to suspend or terminate your account and your access to the Platform (a) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (b) if it is believed that your actions may cause legal liability for you, other users or us; and/or (c) if you are found to be non- compliant with the Terms of Use or other Company policies.
5. You are responsible for safeguarding your account and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
6. You can terminate your account at any time by writing to us at - contact@arkacapital.com. Check our Privacy Policy at - https://www.ashukhanna.com/privacypolicy to understand what happens when you terminate your account. If you suspect someone else is using your account, let us know by contacting us at, contact@arkacapital.com.

4. Links and Third-Party Sites

The Platform may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of the Linked Sites. The Company is not responsible for any form of transmission, whatever, received by the user from the Linked Sites. The Company is providing these links solely as a convenience to you, and the inclusion of any link does not constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between the Company and those third parties.

If you decide to link to any such Linked Sites, you do so entirely at your own risk. We shall not be responsible for the actions, content, products, or services of such Linked Sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all Linked Sites that you visit via the Platform.

5. General:

1. The use of the Platform is entirely at your own risk and you shall be responsible for any consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
2. You shall at all times be responsible for the use of the Platform through your computer or mobile device and for bringing these Terms of Use and Company policies to the attention of all such persons accessing the Platform on your computer or mobile device.
3. You understand and agree that the use of the Platform does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
4. You agree and grant permission to receive promotional SMS and e-mails from the Company. In case you wish to opt out of receiving promotional SMS or email please send a mail to contact@arkacapital.com.
5. By using the Platform you represent and warrant that:
1. all registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
2. Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all User Content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
3. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any User Content that you submit, post, upload, distribute or otherwise transmit or make available.
4. You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
5. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
6. You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
7. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
8. You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts: (A) any part of the Platform or the Platform software; or (B) any equipment or any network on which the Platform is stored or any equipment of any third party.
9. You release and fully indemnify the Company and/or any of its officers and representatives from any loss, cost, damage, penalty, liability or other consequence of any of the actions of the users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other users’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution when using the Platform.

6. Access to the Platform, Accuracy and Security

1. We endeavour to make the Platform available at all times. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
2. We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
3. We do not represent or warrant that the information available on the Platform will be correct, accurate or otherwise reliable.
4. We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended user may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

7. Data charges and mobile phones

1. You are responsible for any data charges, broadband charges, mobile or internet charges that you may incur for using the Platform. If you are unsure what these charges may be, you should contact your local internet or mobile data service provider for more information.
2. By providing us with your mobile phone number, you agree to receive messages from the Company related to the Platform, including promotions (as permitted under applicable law) and your account.

8. Disclaimers

1. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
2. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE AND IN CASE, ANY USE OF THE PLATFORM BY A USER IS INHERENT OF SUCH DELAYS, OMISSIONS, OR INACCURACIES DURING ITS USE, SUCH A TRANSACTION SHALL BE INVALID.
3. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES/ CONTENT ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO USERS SERVICES.
4. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE USER.
5. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
6. THE INFORMATION AND CONTENT PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
7. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
8. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES/ CONTENT PROVIDED BY ANY THIRD PARTY OR USER ACCESSING THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Medical Disclaimers

1. The Content is provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care.
2. The Company is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition.
3. The Company does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment.
4. You should always consult a medical professional if you have any questions regarding a medical condition.
5. You should always consult a medical professional if you have any questions regarding a medical condition.
6. Not all activities described as part of the Platform are suitable for everyone. Do not use the Platform while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Platform and the Content.

10. Intellectual Property

1. We are either the owner of intellectual property rights or have authority to use the intellectual property rights in the Platform, and in the material published on it including but not limited to user interface, layout format, order placing process flow and any Content/ User Content displayed by us on the Platform.
2. Our Platform allows you to upload, receive, post and share User Content. You retain whatever ownership rights you had in the User Content to begin with. However, you grant us a worldwide, royalty free, sub-licensable and transferable license to host, store, use, display, reproduce, modify, adapt, edit or publish the User Content. We can also use this User Content for the purpose of operating, developing, providing, promoting and improving the Platform, and for research and development purposes.
3. Our Platform and Content are protected by copyright, trademark, patent, and other intellectual property laws. Subject to your compliance with these Terms of Use, the Company grants you a personal, limited, non-exclusive, non-transferable, non- sublicensable, revocable and non-assignable license to access and use the Platform and the Content we provide you for your own personal, non-commercial use. This license lets you use the Platform solely as permitted by these Terms of Use. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Content. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as necessary for your permitted use of the Platform.
4. You recognize that the Company is the owner of the word mark ‘I Am - Playbook to Happiness’ and the logo including but not limited to its variants and derivatives (“IPR”) and you shall not directly or indirectly, assert rights in or challenge or assist another in challenging the validity of, the Company’s or its affiliates proprietary rights in the IPR or any registrations thereof, or file any applications for the registration of the IPR or any names or logos derived from or confusingly similar to the IPR, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware of or acquire knowledge of any infringement of IPR you shall report the same at contact@arkacapital.com with all relevant information.
5. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal use.
6. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7. You must not use any part of the Content on the Platform for commercial purposes without obtaining a license to do so from us.
8. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

11. Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy available at - https://www.ashukhanna.com/privacypolicy.

12. Third Party Content

1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
2. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

13. Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

14. Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

15. Governing law and dispute resolution

1. These Terms of Use shall be governed by and construed in accordance with the laws of India, without reference to conflict of laws provisions and subject to the arbitration provisions hereinafter, the courts in Mumbai, India shall have exclusive jurisdiction for resolution of disputes arising from the use of the Platform.
2. In the event you face any issues or have any concerns, you may raise a complaint with the Grievance Officer.
3. We are committed to using best efforts to resolve any dispute, controversy or claim arising out of or in relation to the Terms of Use without the need for a formal legal claim to be filed. In the event a dispute cannot be resolved in a fair and equitable manner, such dispute shall be resolved in the following manner: (i) by way of voluntary mediation in accordance with the provisions of the Mediation Act, 2023 and/or applicable law; and (ii) thereafter, in case such mediation is not successful, the dispute shall be subject to arbitration in Mumbai, India in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in English language by a sole arbitrator. Arbitration awards shall be reasoned awards and shall be final and binding on the Company and the disputing user and shall be enforceable in any court of competent jurisdiction.

16. IP Notice and Take Down Policy

1. The Company has put in place IP Notice and Take Down Policy ("Take Down Policy") so that intellectual property owners could easily report requests that infringe their right to ensure that infringing requests are removed from the site, as they erode trust between the users.
2. Only the intellectual property rights owner can report potentially infringing products or requests through Take Down Policy by way of notice of infringement. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
3. The Company is committed to ensure that User Content does not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to the Company.
4. Reporting Instances of Intellectual Property Violations: To file a notice of infringement with the Company, please write to us at – contact@arkacpaital.com. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.