Terms of Use
(Effective from : 10th Sept. 2022)
Welcome to the MySAR-Academy’s Terms of Use agreement.
The use of this website and services on this website provided by RESHMA GAURANG PANCHAL (hereinafter referred to as “Owner”) are subject to the following Terms & Conditions (hereinafter referred to as “Terms of Use”), all parts and sub-parts of which are specially incorporated by reference here together with the “Privacy Policy”. Following are the Terms of Use governing your use of https://www.mysar-academy.com/ (hereinafter referred to as “Website”), all pages on the website and any services provided by or on this website ( hereinafter referred to as“services”)
By accessing either directly or through a hyperlink, the Website, and/or purchasing something from us, you engage in our “services” and agree to be bound by the Terms of Use including those additional terms and conditions and policies referenced herein and/or available by hyperlinks. These Terms of Use apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/or contributors of content. Please review these Terms of Use carefully. By accessing or using the Website or Services, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use any data of my/our site and use any services.
A. Definitions :
The parties referred to in these Terms of Use shall be defined as follows :
a.. Owner, Us, We, Me, My : The owner, as the creator, operator and publisher of the Website, makes the Website, and certain services on it, available to users. RESHMA GAURANG PANCHAL, Owner, Us, We, Our, Ours, My, Me and other first-person pronouns will refer to the Owner as well as all employees and affiliates of the Ower.
b.. You, the User, the Client : You, as the user of the Website, will be referred to throughout these Terms of Use with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Use, the term “User” or “You” shall mean any natural or legal person who in person is accessing the Website. The term “Your” shall be construed accordingly.
c.. Parties : “Collectively, the parties to these Terms of Use (the Owner and You) will be referred to as Parties.
d..Website : “Website” refers to my/our website which can be accessed, directly or through hyperlink, at www.mysar-academy.com, web.mysar-academy.com or through my/our mobile Application (“App”) – MySAR-Academy or MySAR (abbreviated).
e..Services : “Services” refers to my/our services accessed via this Website or App, in which users can view data analytics about macro and micro financial markets, specific Stock Markets in India and other merchandise related area.
The following Terms of Use apply when you view or use data of Website, Services via Website or by accessing the data or Service through clicking Website or Application on your mobile device.
1.. Assent & Acceptance :
By using the website, you warrant that you have read and reviewed these Terms of Use and that you agree to be bound by it. If you do not agree to be bound by these Terms of Use, please leave the website immediately. The owner only agrees to provide use of this website and services to you, if you assent to these Terms of Use. Futher, based on the services obtained by a user, additional terms and conditions in respect of the specific services may apply, which shall be deemed an agreement between the user and the owner.
2.. About the site :
The website is also containing an online store which carries out sale of various physical, non physical consumables, intellectual proucts and serices. We reserve the right to refuse service or refuse to sell the products on the website at our sole discretion to anyone for any reason at any time.
The website does not screen or censor the users who register on and access the website. You assume all risks associted regarding dealing with other users with whom you come in contact through the website. You agree to use the website only for lawful purposes without infringing the rights of restricting the use of this website by any third party.
3. License to use website :
The owner may provide you with certain information as a result of your use of the website or services. Such information may include but is not limited to, documentation, data, or information developed by the owner, and other mateirals which may assist in your use of the website or services (Owner materials). Subject to these Terms of Use, the owner grants you a non-exclusive, limited, non-transferable and revocable license to use the owner materials solely in connection with your use of the website and services. The owner materials may not be used for any other purpose and this license terminates upon your cessation of use of the website or services or at the termination of these Terms of use.
You agree not to collect contact information of other users from the website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
Any unauthorised use by you shall terminate the permission or licence granted to you by the owner of website or through this website and you agree that you shall not bypass any measures used by the owner to prevent or restrict access to the website.
4. Intellectual Property :
You agree that the website and all services provided by the owner are the property of the owner, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Owner IP”). You agree that the owner owns all the rights, title and interest in and the owner IP and that you will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express permission from the owner.
5. User Obligations :
You need to be at least 18 years old to register for and use the website and Service. As a user of the website or services, you may be asked to register with us. When you do so, you will choose a user indetifier, which may be your email address or another term, as well as a passsword. You may also provide personal information, including, but not limited to your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the website and services. You must not share such identifying information with any third party and if you discover that your indentifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice.
You are responsible for maintaining the privacy and security of your account. We will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
We may communicate with you via e-mail/ sms/ WhatsApp/ other communication modes regarding your account, system updates, or other issues related to your account/ use of the Service.
You are responsible for all Content posted and activity that occurs from your account (even for Contents posted by a third party to your account).
You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service or its associated channels such as Facebook, WhatsApp or anything else used by the owner for its brand promotion or support activity.
You are responsible for maintaining the safety and security of your indentifying information as well as keeping us apprised of any changes to your indentifying information. The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccuate information, or using the website or services to further fraud or unlawful activity is grounds for immediate termination of these Terms of use. The owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
6. Payment and Refund:
You have to register for any of the paid services on this website or purchase any product or service on this website, you agree to pay us the specific monetary amounts required for that product or those services. These monetary amounts (Fees) will be described to you during your account registration and/or confirmation process. The final amount required for payment will be shown to you immediately prior to purchase. Payment for any on-going services is billed automatically untill you notify us that you would like to terminate your access to the services.
We reserve the right to refuse service or refuse to sell the products on the website at our sole discretion to any one for any reason at any time.
We may allow our prospective clients to use all or some part of our services under free version option. Under that, the users can enjoy certain complimentary section/s of the website or our app. Such free version option is for the sole purpose of enabling you to use, enjoy and evaluate the benefits of our website or App, in the manner permitted by these terms and conditions mentioned hereunder.
(6.a) Paid Services: In order to use our paid services, a prospective customer is required to obtain a periodic (monthly/quarterly/annual/life-time), personal, non-assignable and non-exclusive subscription plans to use our services in return of an advance, non-refundable payment against any of the packages available on our websites.
There will be no refunds or credits for partial months or partial periodic subscription plans of our service. Any payment made for any or all of our paid services is not refundable / adjustable / transferable under any circumstances, and the paid service user has to pay full amount for the periodic subscription plan selected by him. No refund will be given, if the user does not use our website or services after paying for any or all of our paid services.
7. Acceptable use:
You agree not to use the website or services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website or services in any way that could damage the website, services or general business of the owner.
You further agree not to use the website or services:
i) to harass, abuse, or threaten others or otherwise violate any person’s legal right,
ii) to violate any intellectual property rights of the owner or any third pary.
iii) to upload or otherwise disseminate any computer viruses or other software that may damage the property of another,
iv) to perpetrate any fraud,
v) to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme,
vi) to publish or distribute any obscene or defamatory material,
vii) to publish or distribute any material that incites violence, hate or discrimination towards any group,
viii) to unlawfully gather information about others.
You are prohibited from using the site or its content : (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party’s intellectual property or proprietary rights or rights of publicity or privacy, whether knowingly; or unknowingly; (d) to violate any local, federal or international law, statute, ordinance or regulation; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ithnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harrassing, indecent, abusive, obscene, or lewed and lascivious or pornographic or exploits minors in any way or assists in human trafficking or content that would violate rights or publicity and/or privacy or that would violate any law; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or services or of any related websit, other websites, or the internet, (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the website or any other party’s use of the website; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape for any obscene or immoral purpose, or (k) to interfere with or circumvent the security features of the service or any related website, other websites or internet; (l) to personally threaten or has the effect of personally threatening other users.
We reserve the right to terminate your use of service or any related website for violating any of the prohibited uses. The owner has full authority to review all content posted by users on the website. You acknowledge that the website is not responsible or liable and does not control the content of any information that may be posted to the website by you or other user of the website and you are solely responsible for the same. You agree that you shall not upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party).
You will not post information that is malicious, libelous, false or inaccurate;
You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You agree to comply with all applicable laws, statutes and regulations concerning your use of the website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offence, give rist to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of use.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
8. Communication:
You understand that each time uses the website in any manner, you agree to these terms. By agreeing to these terms, you ackowledge that you are interested in availing and purchasing the services that you have selected and consent to receive communications via phone or electronic records from the website including email or whatsapp messages telling you about products and services offered by the website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the website. You agree that the communications sent to you by the website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
The owner through the website and services may engage in affiliate marketing whereby the owner receives a commission on or percentage of the sale of the goods or services on or through the website. The owner may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
9. Privacy information:
Through your use of the website and services, you may provide us with certain information. By using the website or the services, you authorize the owner to use your information in India and any other country where we may operate.
a). Information we may collect or receive : When you register for an account, you provide us with valid email address and may provide us with additional information such as your name or billing information. Depending on how you use our website or services, we may also receive information from external applications. You use to access our website or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b). How we use information : We use the information gathered from you to ensure your continued good experience on our website, including email communication. We may also track certain passive information to improve our marketing and analytics, and for this, we may work with third-party providers.
c). How you can protect your information : If you would like to disable our access to any passive information, we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that the owner will still receive information about you that you have provided, such as your email address.
d).User deletion : You are solely responsible for managing the lifecycle of your account, including removal.
Once you have created a user account, it would remain active till you actually choose to delete your account.
Only the authorised user would be allowed to place a deletion request by login to the user profile and submit a request for deletion.
Upon successful email verification (through registered email address) of the deletion request, the deletion would happen in our system immediately.
Deleting your account is IRREVERSIBLE & FINAL, so unfortunately you can't get it back. We do that for your security and to protect your private information.
If at a later stage, you realize that you’ve deleted your account by mistake or changed your mind, you’ll need to register for a new one with a different email address.
In the Deletion process, we delete the user profile, user preferences, account activity, account leads & device information. We DO NOT delete the registered email address (unique identifier for all records), any account purchase & transaction data, as it is required for financial accounting & audit purposes.
After account deletion, the user won’t receive any email/ SMS/ WhatsApp/ communications from us any further, barring some administrative & purchase related messages which are important in nature.
As part of our Data Backup procedures, some of the (deleted) user data may be kept residing in the backup systems, but these data are just for disaster recovery purposes and no one has access to this data for any processing. Over a period of time, such data gets overwritten by newer sets of data & eventually such user data would get removed from backups too.
If you choose to terminate your account, the owner may store some information about you for the future reference for the following number of days : 90. After that time, it will be deleted.
10. Assumption of risk :
The website and services are provided for communication purposes only. You acknowledge and agree that any information posted on our website is not intended to be legal advice, medical advice, or financial advice, and not fiduciary relationship has been created between you and the owner. You further agree that your purchase of any of the products on the website is at your risk. The owner does not assume responsibility or liability for any advice or other information given on the website.
11. Sale of goods and services :
The owner may sell goods and services or allow third parties to sell goods or services on the website. The owner undertakes to be as much accurate as possible with all information regarding goods and services, including product descriptions and images. However, the owner does not guarantee the accuracy or reliability of any product information and you acknowlege and agree that you purchase such productat your own risks. For goods or services sold by others, the owner assumers no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that claim directly with the manufacturer or seller and not with the owner. You hereby release the owner from any claims related to goods and services manufactured or sold by third parties, including any and all warranty or product liability claims.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. Any orders including orders by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address may be subect to the above. We may resctrict the sales of products or services to any person, geographic region or jurisdiction at our sole discretion as we may decide on a case-by-case basis.
We further reserve an absolute right to refuse any order placed by any person and to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. If we cancel your order, we will contact through email and/or billing address/phone number provided at the time the order was made.
Prices and descriptions of products are subject to change at any time without notice, at our sole discretion. We may remove or discontinue any products from our site without prior notice. Any offer for any product or service made on this site is void where prohibited.
We may provide you with access to third party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
12. Shipping/Delivery/Return Policy :
You agree to ensure payment for any items. You may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing any physical goods, you agree to provide us with a valid email and shipping address as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you the amount of purchase price. We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you quoted due to inforeseen circumstances. For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following: gauresh59@gmail.com.
We will make reimbursements for returns without undue delay, and not later than:
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30 days after the day we received back from you any goods supplied; or
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(if earlier) 30 days after the day you provide evidence that you have returned the goods; or
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If there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract.
We will make reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
13. Data Loss :
The owner does not accept responsibility for the security of your account or content. You agree that your use of the website or services is at your own risk.
14. Indemnification:
You agree to defend and indemnify the owner and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including resonable attorney’s fees, which may arise from or relate to your use or misuse of the website or services, your breach of these Terms of use or your conduct or actions. You agree that the owner shall be able to select its own legal counsel and may participate in its own defence, if the owner wishes.
15. Spam policy:
You are strictly prohibited from using the website or any of the website’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16. Third-party links and content:
The owner may occasionally post links to third party websites or other services. You agree that the owner is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our website.
17. Modification & Variations:
The owner may, from time to time and at any time without notice to you, modify these Terms of Use. You agree that the owner has the right to modify these Terms of use or revise anything contained herein. You further agree that all modifications to these Terms of Use are in full force and effect immediately upon posting on the website and those modifications or variations will replace any prior version of these Terms of Use unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of use.
a) To the extent any part or sub part of these Terms of use is held ineffective or invalid by any court of law, you agree that the prior, effective version of these Terms of use shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of use and refer to the Effective Date posted at the top of these Terms of use to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of these Terms of use. You agree that your continued use of the website after any modifications to these Terms of Use is manifestation of your continued assent to these Terms of Use.
c) In the event that you fail to monitor any modifications to or variations of these Terms of Use, you agree that such failure shall be considered an affirmative waiver of your right to review the modified agreement.
18. Entire agreement:
This agreement constitutes the entire understanding between the parties with respect to any and all use of this website. This agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.
19. Service interruptions:
The owner may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that the owner shall have no liability for any damage or loss caused as a result of such downtime.
20. Term, Termination & Suspension:
The owner may terminate these Terms of Use with you at any time for any reason, with or without cause. The owner specifically reserves the right to terminate these Terms of use, if you violate any of the terms outlined herein. If you have registered for an account with us, you may also terminate these Terms of use at any time by contacting us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of your account.
21. No warranties:
You agree that your use of the website and services is at your sole and exclusive risk and that any services provided by us are on an “As is” basis. The owner makes no warranties that the website or services will meet your needs or that the website or services be uninterrupted, error-free, or secure. The owner also makes no warranties as to the reliability of accuracy of any information on the website or obtained through the serives. You agree that any damage that may occur to you through your computer system, or as a result of the loss of your data from your use of the website or services is your sole responsibility and that the owner is not liable for any such damage or loss.
All information, software, products, services and related graphics are provided on this site is “as is” and “as available” basis with / without warranty of any kind, either expressed or implied.
Your use of any information or materials on this website obtained through use of this website is entirely at your own risk, for which the owner shall not be liable. It shall be your own responsibility to ensure that any product, services or information available through this website meet your specific requirements.
The website assumes no responsibilities for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the website. Any information from third parties or advertisers is made available without making changes and so the website cannot guarantee accuracy and is not liable for any inconsistencies arising thereof. All postings, messages advertisements, photos, sounds, images, text, files, video or other materials posted on, transmitted through, or linked from the website, are solely the responsibility of the person from whom such content originated, and the website does not control and is not responsible for such content available on the website.
The website shall not be responsible for any interaction between you and the other users of the website. Under no circumstances will the website be liable for any goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. The website is under no obligation to become involved in any disputes between you and other users of the website or between you and any other third parties. You agree to release the website from any and all claims, demands, and damages arising out of or in connection with such disputes.
You agree and understand that while the website has made reasonable efforts to safeguard the website, it cannot and does not ensure or make any representations that the website or any of the information provided by you cannot be hacked by any unauthorised third- parties. You specifically agree that the website shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the website.
You hereby agree and confirm that the website shall not be liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorized access of the website by third parties or for any such use of the information provided by you or any spam messages or information that you may receive from any such unauthorised third party which is in violation or contravention of this Terms of Use or the Privacy Policy.
You specifically agree that the website is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
The website has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure, or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.
You will be solely responsible for any damage to your computer system or loss of data that results from the download of any information and/or material.
If you are dissatisfied with the website, or the services or any portion thereof, or do not agree with these terms, your only recouse and exclusive remedy shall be to stop using the website.
22. General Provisions :
a. Language : All communications made or notices given pursuant to these Terms of Use shall be in the English language.
b. Jurisdiction, Venue & Governing Law : Through your use of the website or services, you agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Use, as well as any dispute of any kind that may arise between you and the owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Use is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, India. The parites agree that this choice of law, venue, and jurisdiction, provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
c. Severability : If any part or sub part of these Terms of use is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of use shall continue in full force.
d. Electronic Communications : Electronic communications are permitted to both parties under these Terms of Use, including email or fax. For any questions or concerns, please email us at the following address : gauresh59@gmail.com