Term of Services

These Terms of Use (“Terms”) apply to a users’ (“User/ Your”) access to, and use of, the website www.stayhappi.in (the “Website”) and the mobile application (the “Application”). The Website and Application are operated by SARVAGUNAUSHDHI PRIVATE LIMITED, or its subsidiaries, licensees, and affiliated companies (collectively, “Sarvagunaushdhi/ We”).

As a condition of using the Website and/or Application and the services provided therein (“Services”), you agree to be bound by these Terms. By using or accessing the Website and/or Application and/or the Services, you agree to these Terms, as may be updated from time to time. If you do not agree to these Terms, do not use this Website and/or Application. Because these Terms are a legal contract between you and Sarvagunaushdhi, it is important that you review the Terms carefully before accessing or using the Website and/or Application. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Sarvagunaushdhi, including without limitation the privacy policy (“Privacy Policy”).

1.USER ACCOUNT

1.1 In order to use the Website and/or Application, you are required to provide various information about yourself including your name, email address and other personal information. You agree that any information you provide to Sarvagunaushdhi on the Website and/or Application will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.

2.OWNERSHIP OF THE WEBSITE/APPLICATION

2.1  The Website and Application contains content owned or licensed by Sarvagunaushdhi (“Sarvagunaushdhi Content”). Sarvagunaushdhi owns and retains all rights in the Sarvagunaushdhi Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sarvagunaushdhi Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Sarvagunaushdhi Content.

3. SUITABILITY OF MATERIALS.

3.1  We do not give any assurance that the materials provided or available to you on or through this website/mobile application are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.

4.USE OF THE WEBSITE/APPLICATION AND CONDUCT

4.1 Use of the Website and/or Application:

4.1.1 You may use the Website and/or Application for lawful purposes only. You shall not post or transmit through the Website and/or Application any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.

4.1.2 You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website and/or Application in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website and/or Application; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Website and/or Application; (vi) collecting or harvesting any personally identifiable information, including account names, from the Website and/or Application; (vii) using the Website and/or Application for any commercial purposes without having all necessary rights and licenses to the User Content; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Website and/or Application; (x) accessing any content on the Website and/or Application through any technology or means other than those capabilities provided by the Website and/or Application; or (xi) bypassing the measures we may use to prevent or restrict access to the Website and/or Application, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website and/or Application or the content therein.

4.2 User Content Guidelines:

4.2.1 You are solely responsible for your conduct and any data, text, information, images, links and other content or materials that you submit post or display on or via the Website and/or Application (“User Content”). Sarvagunaushdhi shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by all applicable laws of India.

4.2.2 Sarvagunaushdhi has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website and/or Application. Sarvagunaushdhi takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website and/or Application. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you shall bear legal responsibility for that content.

4.2.3 You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Sarvagunaushdhi reserves the right, but is not obligated, to reject and/or remove any User Content that Sarvagunaushdhi believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

4.3 You agree not to:

4.3.1 copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of this website/mobile application or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in our absolute discretion)

4.3.2 use this website/mobile application or any of the materials or software on it, or provided to you through it, for: any unlawful purpose or in contravention of applicable law or commercial exploitation without our prior written consent

4.3.3  any purpose or in any manner that may give a false or misleading impression of us, our staff or our services use, upload or transmit

4.3.4 any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress, or which may affect or infringe the rights of any other person

4.3.5 any device, software, file or mechanism which may interfere with the proper operation of this website or our systems

4.3.6 establish a link to this mobile application from any other website, intranet or extranet site without our prior written consent

4.3.7 decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this website/mobile application

4.3.8 do anything that may interfere with or disrupt this website/mobile application or our service encourage or permit others to do any of the above

4.3.9 In the event that you do not comply with the above restrictions, any person affected by your actions may bring a claim against you and/or Sarvagunaushdhi. We will pursue a claim against you for any losses and costs (including legal costs) we may suffer as a result of your actions.

4.4 In connection with your User Content, you affirm, represent and warrant the following: