Terms of use for this website

Please read these Terms of Use, and our Privacy Policy, (the “Privacy Policy”) carefully before using our website www.mybirthsecrets.com (“our Site” or the “Site”). By using our Site, you accept these Terms of Use and our Privacy Policy, and you agree to abide by them. If you do not agree to all of these Terms of Use, do not use this Site.

We reserve the right, at our sole discretion, to revise and update these Terms of Use at any time. We will endeavor to notify you by posting a notice on our Site and sending an email to our users who have registered and paid for a course or created an account.

We will post the last date of any change to these Terms at the bottom of this page. Your continued usage of the Site after such changes will mean you accept those changes. “You”, “your”, “User” and “User of this Site” shall mean any person who accesses or uses this Site for any purpose.

These Terms of Use apply only to the use of our Site and the content made available through our Site (which may include on-line materials related to courses that you have registered to take).

INFORMATION ABOUT US

www.mybirthsecrets.com is a site operated by mybirthsecrets (“mybirthsecrets”, “we” or “our”).

We are registered in Karnataka State, India under company number (will be provided on written request) and have our registered office at 303B, Kethana Enclave, 29th C Cross, Balaji Layout, Kaggadaspura, CV Raman Nagar post, Bengaluru – 560093. Karnataka, INDIA.

ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. From time to time, we may restrict access to some parts of our Site to people using the Site who have registered for a course with us. You must treat all passwords as confidential and must not disclose them to any third party. We have the right to disable any user identification code or password at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms of Use.

THIRD PARTY CONTENT

Our Site is a venue for content supplied by mybirthsecrets, third parties and visitors to its Site. Accordingly, mybirthsecrets has no specific prior review process or editorial control over such content. Any opinions, advice, statements, services, offers, representations, or other information or content expressed or made available by third parties, including information providers, or any other User of this Site, are those of the respective parties and not necessarily those of mybirthsecrets.

Neither mybirthsecrets nor any third-party provider of information makes any guarantees to you about the accuracy, completeness, or usefulness of any third-party content.

LINKS TO AND FROM THIRD PARTY SITES

There may be links established between this Site and other sites on the World Wide Web or Internet which are not under the control of, or maintained by, mybirthsecrets. These links do not necessarily constitute an endorsement by mybirthsecrets of those sites. Mybirthsecrets undertakes no obligation to monitor such sites, and you agree that mybirthsecrets is not responsible for the content of such sites, or any technical or other problems associated with any such third-party site, links, or usage. You further agree that in the event that you establish a link from any other site to our Site, you will immediately discontinue such link upon receiving written notice from mybirthsecrets of its objection to any such link.

TERMINATION

Your access to the Site will be subject to mybirthsecrets’ authorization. Mybirthsecrets reserves the right to terminate your access to the Site at any time without notice, for any reason (including, but not limited to, if you violate these Terms) or for no reason. While mybirthsecrets’ preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action, mybirthsecrets does not represent that it will, nor is it required to, either actively monitor such behavior or to provide such notice to you. Mybirthsecrets’ right to terminate your access is in addition to all other legal or equitable remedies available to mybirthsecrets hereunder, which rights are fully and expressly reserved by mybirthsecrets. Upon termination of this Agreement for any reason, you shall cease to use or further access this Site and shall be liable for any unauthorized attempts to do so via any means.

PROPRIETARY MATERIALS AGREEMENT

You understand that all concepts, information and materials on this Site (including without limitation trademarks, logos, graphics and images) (the “Materials”) are the proprietary property of mybirthsecrets and are protected by copyright, trade secret, and other applicable laws. Any content (whether images, text, video, audio or other information or materials) that any User of the Site provides to Mybirthsecrets (the “Submissions”) are not considered part of the Materials, but are subject to the restrictions set forth below. You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of mybirthsecrets, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and “good will” of mybirthsecrets.

You have the limited right to display the Materials only on your personal computer, and to copy and download the Materials provided that: (1) any copyright and trademark notices appearing on such Materials are also displayed, copied or downloaded as part of the Materials, and are not removed, moved, or obscured, and (2) such display, copy, or download is solely for your personal informational use. This limited right to access, display, and use the Site terminates automatically, without notice to you, if you breach any of these Terms.

You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. The Materials may not be distributed, transmitted, or broadcast in any manner, or for any purpose, unless expressly authorized to do so by mybirthsecrets, in advance, and in writing.

You agree not to use the Materials in any way that would compromise the proprietary nature of the Materials. Without limiting all of the foregoing, you agree not to deliver the Materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to your clients or to others, except with the prior written permission of mybirthsecrets. You also agree that the Materials and the Site itself will not be used for any commercial purpose whatsoever without written authorization from mybirthsecrets.

Unless expressly indicated otherwise herein by mybirthsecrets, even if you have previously obtained mybirthsecrets’ written permission to use any Materials or Submissions, you must obtain such written consent each time before again using any Materials or Submissions from this Site.

Except as expressly stated herein, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the Materials or the Submissions of any party.

Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials that you may have in your possession or control.

INTELLECTUAL PROPERTY INFRINGEMENT

If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may file a copyright infringement notification with us. To do so, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To expedite our ability to process your request, such written notice should be sent to our designated agent at: mybirthsecrets@gmail.com

UPLOADING SUBMISSIONS TO OUR SITE

Whenever you make use of any feature that allows you to upload Submissions to our Site you warrant that such Submission is not offensive, defamatory or illegal and you indemnify us for any breach of that warranty. You further warrant that you are the copyright holder of such Submission, or you have permission of the copyright holder to publish any copyrighted content in such Submission.

Any Submission that you upload to our Site will be considered non-confidential and non-proprietary. We have the right to use, copy, distribute and disclose to third parties any such Submission for any purpose, and you hereby waive any moral rights and rights of integrity associated with such Submission. We also have the right to disclose your identity to any third party who is claiming that any Submission posted or uploaded to our Site constitutes a violation of their intellectual property rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of our Site.

We have the right to remove any Submission you make on our Site in our sole discretion.

NOTICES TO USERS WHO HAVE REGISTERED FOR A COURSE

If you have registered and paid for a course with mybirthsecrets, mybirthsecrets may provide notice to you via email, or (at its discretion) via certified Indian Post, to the address provided on your registration form or such other address provided by you to mybirthsecrets.

You shall provide notice to mybirthsecrets via email to: mybirthsecrets@gmail.com, with a copy sent via certified Indian Post (or other reputable delivery service or international courier) to our registered office at 303B, Kethana Enclave, 29th C cross, Kaggadaspura, CV Raman Nagar Post, Bengaluru – 560093.

ENTIRE AGREEMENT; SEVERABILITY; NO UNINTENTIONAL WAIVER

These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and mybirthsecrets regarding the use of this Site and supersede any prior agreements or understandings between you and mybirthsecrets.

If any part of these Terms of Use is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms of Use and the remaining parts of the Terms of Use will continue to be enforceable.

NO THIRD PARTY BENEFICIARIES

You acknowledge and agree that these Terms of Use shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.

ASSIGNMENT

Mybirthsecrets may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to you.

JURISDICTION, DISPUTE RESOLUTION AND CHOICE-OF-LAW

These Terms of Use and any dispute or claim arising out of or in connection with them or their matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Indian Arbitration and Conciliation Act, 1996 without regard to its conflict of law principles.

You agree that any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, at the election of the initiating party, shall be settled either by the courts of the Bangalore Jurisdiction where applicable, or by the arbitration in Bangalore, India in accordance with the (Indian) Arbitration and Conciliation Act, 1996, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction and venue as provided above.

Mybirthsecrets and you hereby acknowledge that certain rights and actions relating to the Site are not compensable with monetary damages and, therefore, hereby consent to extraordinary relief, in equity, including but not limited to injunctive relief, which may be entered and shall be deemed fully enforceable by a court of law, with jurisdiction of the matters arising under or relating to the Site, its Terms of Use and/or its Privacy Policy.

You and Mybirthsecrets agree and consent to the personal jurisdiction and venue in any of these forums for dispute resolution, and will not challenge the service of process, the legal authority, or the jurisdiction of any proceedings which, at the request of either of the parties, may be held confidential and not publicly disclosed.

LEGAL FEES

In any action or proceeding between a User of the Site and Mybirthsecrets to interpret or enforce any of the provisions hereof, the prevailing party shall, in addition to any other award of damages or other remedy, be entitled to reasonable lawyers’ fees and costs.

DISCLAIMER OF WARRANTIES

You, as a User of the Site, acknowledge and agree that Mybirthsecrets has no liability for any errors or omissions in the Site, including in the Materials and Submissions, whether provided by Mybirthsecrets or third parties. You further acknowledge and agree that Mybirthsecrets makes no warranty or representation of any kind as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that Mybirthsecrets shall have no liability for any unavailability of or inaccuracy in the Site or the Materials.

User will bear all risk associated with any content that you access. User accessing any content made available by or through Mybirthsecrets and third parties is subject to your agreement to this provision and these Terms of Use.

We do not exclude or limit our liability for fraudulent misrepresentation by us or our employees or agents or death or personal injury caused by our negligence or that of our employees and agents.

 

LIMITS ON LIABILITY

While we have taken every care in compiling this site, you acknowledge that the information contained on this site does not claim to offer any medical, legal, psychological, therapeutic, religious, or other professional advice to users. Please seek the advice of counseling professionals (physicians, therapists, clergy, qualified business advisors, lawyers, financial accountants, etc.), as appropriate, regarding the evaluation of any specific information, opinions, advice, or other content.

This site and all content and services are provided for information purposes only and all content and services provided through it are provided “as is” with no warranties whatsoever. To the fullest extent permitted by law, all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, mybirthsecrets disclaims any warranties for the security, reliability, timeliness, and performance of this service. Mybithsecrets disclaims any warranties for other services or goods received through or advertised on this site or received through any links provided in the site, as well as for any information or advice received through the site or through any links provided in the site. Mybirthsecrets similarly disclaims any warranties for any information or advice obtained through the site.

You understand and agree that any material downloaded or otherwise obtained through the use of the products and services is done at your own discretion and risk, and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download of such material.

To the extent permitted by applicable law, mybirthsecrets shall not be liable to any user on account of that user’s use or misuse of and/or reliance on the site, or its associated products and services. User expressly agrees that such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if mybirthsecrets has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the site, products or services, from inability to use the site, or from the interruption, suspension, or termination of the site or damages incurred by reason of other services or goods received through or advertised on this site or received through any links provided on this site, as well as by reason of any information or advice received through or advertised on this site, or received through any links provided in the products and services.

DISCLAIMER OF WARRANTIES

As a User of the Site you acknowledge that, to the extent permitted by law, mybirthsecrets makes no warranty or representation of any kind as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that mybirthsecrets shall have no liability for any unavailability of the Site or the Materials.

User accessing of any content made available by or through mybirthsecrets and third parties is subject to your agreement to this provision and these Terms of Use:

  • Mybirthsecrets does not purport to offer any medical, psychological, therapeutic, religious, or other professional advice to users. Please seek the advice of counseling professionals (physicians, therapists, clergy, qualified business advisors, lawyers, financial accountants, etc.), as appropriate, regarding the evaluation of any specific information, opinions, advice, or other content.
  • This site and all services provided through it are provided “as is”. To the extent permitted by law, mybirthsecrets disclaims any warranties for other services or goods received through any links provided in the site, as well as for any information or advice received through any links provided in the site.
  • You understand and agree that, subject to any statutory guarantees which cannot be excluded, any material downloaded or otherwise obtained through the use of the products and services is done at your own discretion and risk.
  • Our goods may come with guarantees that cannot be excluded under the Indian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  • Should you have any issues regarding any goods or services offered by mybirthsecrets.com please contact us through phone +91.9900063216 or email:mybirthsecrets@gmail.com and tell us what the issue is.

 

INDEMNITIES

By using this Site, you agree to indemnify and defend mybirthsecrets.com and its owner, subsidiaries, affiliates, directors, managers, officers, consultants, employees and agents, and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of this Site.

QUESTIONS, COMMENTS OR NOTICES

If you have questions, comments, or notices about www.mybirthsecrets.com website or these Terms of Use, please contact us in writing at the address below:

MyBirthSecrets
#470, 2nd Floor, 13th Cross
Indiranagar 2nd Stage, Bengaluru -560038
Karnataka—India

Email: mybirthsecrets@gmail.com

These Terms of Use are effective as of 28/08/2015