Website Terms of Use

Last Revised: [05/05/2024]

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://aakashpradhan.com (the “Website”, “I”), and Aakash Pradhan (“Web Developer”) offer of services for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by reference, the policies and guidelines referenced below. I reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. I will indicate the date of the most recent revision at the top of this Agreement. The changed or revised Agreement becomes effective immediately once posted on this Website. Your continued use of the Website after any changes or revisions are posted constitutes your acceptance of those changes or revisions. You are encouraged to review this Agreement each time you visit the Website to ensure that you understand the terms and conditions governing your use. This Agreement does not alter or replace the terms of any other written agreement you may have with me for other products or services. If you do not agree to this Agreement, including any referenced policies or guidelines, you must immediately stop using the Website. To print this Agreement, use the print function available in your browser toolbar.

1. Services

Opt-Out Procedure: Iprovide 2 easy ways to opt-out from future solicitations. 

1. You may use the opt-out link found in any email solicitation that you may receive.
2. You may also choose to opt-out by sending your email address to: contact@aakashpradhan.com.

Proprietary Rights:

2. Website

Content, Intellectual Property, Third-Party Links:

Use of Website: I am not liable for any damages resulting from the use of this Website by anyone. You agree not to use the Website for illegal purposes and to comply with all applicable local, state, national, and international laws and regulations, including those related to intellectual property. You also agree not to interfere with or disrupt other users’ use of the Website, not to resell any material from the Website, not to transmit spam or unsolicited communications, and not to defame, harass, abuse, or disrupt other users.

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website for normal, non-commercial use. You may not copy, reproduce, transmit, distribute, or create derivative works from any content or information on the Website without my express written permission or the permission of the applicable third party, if the content belongs to someone else.

Posting: By posting, storing, or transmitting any content on the Website, you grant me a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, transmit, and assign that content in any form and in all media now known or later developed. I do not control the nature of user-generated content on the Website, and you are solely responsible for your interactions with other users and any content you post. I reserve the right, but am not obligated, to monitor user interactions and to remove any content I consider objectionable.

3. Disclaimer of Warranties

Your use of this Website and/or any products or services is at your sole risk. The Website and all offerings are provided on an “as is” and “as available” basis. I expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement related to the Website content, products, or any reliance on them. This includes trial products or services.

Without limiting the general scope of this disclaimer, I make no warranty that the information on this Website is accurate, reliable, complete, or up to date; that any third-party links lead to information that is accurate, reliable, complete, or up to date; or that any defects in products or content will be corrected. No advice or information, whether written or spoken, obtained by you from this Website creates any warranty not expressly stated in this Agreement. Some jurisdictions do not allow certain warranty exclusions, so portions of this disclaimer may not apply to you.

4. Limitation of Liability

5. Indemnification 

You agree to release, indemnify, defend, and hold me harmless, along with my contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns, from all liabilities, claims, damages, costs, and expenses — including reasonable attorneys’ fees — arising from or related to:

1. This Agreement, or any breach of your warranties, representations, or obligations under it;
2. The Website content, or your use of that content;
3. The Products/Services, including any trial items, or your use of them;
4. Any intellectual property or proprietary rights of any person or entity;
5. Your violation of any part of this Agreement;
6. Any information or data you provide to me.

If I am threatened with a lawsuit or sued by a third party, I may request written assurances from you confirming your commitment to indemnify me. If you fail to provide such assurances, I may treat that failure as a material breach of this Agreement.

I may participate in your defense of any third-party claim related to your use of the Website content or Products/Services, using counsel of my choice at my own expense. I will reasonably cooperate with your defense efforts at your request and expense. You are solely responsible for defending me against any such claims, but you must obtain my prior written consent before agreeing to any settlement. These indemnification obligations will survive the termination or cancellation of this Agreement, or your use of the Website or Products/Services.

6. Privacy

7. Agreement to be Bound

8. General

1. Force Majeure: I am not responsible for any default, interruption, or delay in fulfilling obligations caused by events such as earthquakes, floods, fires, storms, natural disasters, acts of God, war, terrorism, armed conflict, labor strikes, lockouts, or boycotts.
2. Cessation of Operation: I may, at any time and at my sole discretion, discontinue the operation of the Website and halt the distribution of Products without prior notice.
3. Entire Agreement: This Agreement represents the complete understanding between you and me and replaces all prior agreements relating to the subject matter.
4. Effect of Waiver: If I fail to enforce any right or provision of this Agreement, it does not mean I waive that right or provision. If any part of this Agreement is deemed invalid by a court, the intent behind the provision should still be honored, and the remaining provisions will stay in effect.
5. Governing Law; Jurisdiction: This Website originates in Jammu, Union Territory of Jammu & Kashmir. This Agreement is governed by the laws of the Union Territory of Jammu & Kashmir. Any legal action must be brought exclusively in courts located in this jurisdiction. By using the Website or purchasing Products, you consent to this venue and jurisdiction. You also waive any right to a jury trial related to this Agreement.
6. Statute of Limitation: Any claim related to the Website, Products, or this Agreement must be filed within one (1) year of the date the claim arises, or it is permanently barred.
7. Waiver of Class Action Rights: By agreeing to these terms, you waive any right to bring claims as part of a class action. All claims must be made individually.
8. Termination: I may terminate your access to the Website if I believe you have violated this Agreement. Upon termination, you may not use the Website, and I may cancel any pending orders. I may also take steps to block further access. This Agreement remains effective unless I choose to terminate it.
9. Domestic Use: I do not represent that the Website or Products are suitable or available outside India. Anyone accessing the Website from outside India does so voluntarily and is responsible for complying with local laws.
10. Assignment: You may not transfer your rights or obligations under this Agreement to anyone. I may transfer my rights and obligations at my discretion and without prior notice.