THIS DOCUMENT IS AN ELECTRONIC RECORD IN ACCORDANCE WITH PROVISIONS UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER.
THIS DOCUMENT IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THESE TERMS AND CONDITIONS WERE LAST UPDATED ON 10th Day of July 2022.
INTRODUCTION
Cyber Buddha and all its associated intellectual property including but not limited to its Trademark and Copyright are exclusive property of the Authors of the book The Good The Bad The Cyber Buddha. Paathik Muni and Kamaljeet Kaur Muni are hereinafter referred to as Authors. The brand Cyber Buddha or the Authors shall be referred to as “Cyber Buddha” / “Us” / “We”/ “Our”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and permitted assigns, is engaged in the business of providing informative content, books, digital news-media content production, including but not limited to publishing, distribution and promotion, (hereinafter referred to as the “Business”).
This Website (the “Website” or “Website” or “App” or “Application”) is owned and operated by the Authors (“Cyber Buddha” “we” or “us”).
1) GENERAL TERMS AND CONDITIONS
1.1) Cyber Buddha provides the Content (as defined below) available on the Website (as defined below) to you subject to the following Terms and Conditions, Our Privacy Policy, Terms and Conditions and other policies which you may find on Our Website in connection with Business all of which are deemed to be a part of and included within these terms and conditions (collectively, “Terms and Conditions”).
1.2) For the purposes of these Terms and Conditions, “Website” shall mean and include www.cyberbuddha.in, any successor’s Website, any Website of related entity or any other channel facilitated and permitted by Cyber Buddha including but not limited to any digital medium including phone, displays, emails, social media interfaces and messaging interfaces.
1.3) By accessing or using Website, you are acknowledging that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions. This is a legally binding agreement between you (the “User” or “you” or “your”) and Cyber Buddha and all its related entities, establishing the terms and conditions under which this Website may be used/accessed.
1.4) Accessing the Website, in any manner, whether automated or otherwise, constitutes use of the Website and your agreement to be bound by these Terms of Use.
1.5) We reserve the right to change these Terms of Use or to impose new conditions on use of the Website, from time to time, in which case we will post the revised Terms of Use on this Website. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified.
1.6) Modification
Cyber Buddha may update, modify, suspend, discontinue or change any part of these Terms from time to time the revised Terms will be posted as notification here on this link https://cyberbuddhas.com/terms-of-use-cyber-buddha/
Users are encouraged to periodically check this page to stay informed about changes to the Terms. The revised Terms will be effective from the date stated on the revised Terms. You acknowledge and agree that it is Your responsibility to review these Terms periodically and become aware of modifications. If You disagree to any of the changes to the Terms, please refrain from accessing or using the App. Your continued access or use or availing of the Website following the posting of revised Terms will indicate Your acceptance and acknowledgment of the changes and You will be bound by it.
2) Duties as a User on our website:
2.1) Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register on our Website for all our Products and Services. Courses/Programmes/ Services/ Webinars/Contests including Live or Offline sessions if any. Persons who are minors, un-discharged insolvents etc. are not eligible to register for our Products or Services. As a minor if You wish to use our Products or Services, such use shall be made available to You by your legal guardian or parents, who has agreed to these Terms. If in case, a minor utilizes the Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. Cyber Buddha will not be responsible for any consequence that arises as a result of misuse of any kind of Products or Services that may occur by virtue of any person including a minor registering for the Services/Products provided. By using the Products or Services, You warrant that all the data provided by you is accurate and complete and that User using the website/Website has obtained the consent of parent/legal guardian (in case of minors).
2.2) Cyber Buddha reserves the right to terminate your subscription and / or refuse to provide you with access to the Products or Services if it is discovered that you are under the age of 18 (eighteen) years and the consent to use the Products or Services is not made by your parent/legal guardian or any information provided by you is inaccurate. You acknowledge that Cyber Buddha does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Website/website or avail any Product or Service.
2.3) You may not create a login name or password or upload, distribute, transmit, publish, or post content through or on the Website or through any service or facility including any messaging facility provided by the website which:
a) is libellous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing,
b) contains expressions of hatred, hurting religious sentiments, racial discrimination, or pornography,
c) is otherwise objectionable or undesirable (whether or not unlawful),
d) would constitute incitement to commit a criminal offence,
e) violates the rights of any person,
f) is aimed at soliciting donations or other form of help,
g) violates the intellectual property of any person,
h) disparage in any manner or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, websites, or other applications,
i) promotes a competing service or product or
j) violates any laws
2.4) Any information provided by you to us, whether at the stage of registration or during anytime subsequently, should be complete and truthful. You agree and acknowledge that we are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence because of you providing incorrect information or concealing any relevant information from us,
2.5) You acknowledge that we may, at any time, required to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the Website,
2.6) You acknowledge that some of the services shall be provided via third party service providers, as appointed by Cyber Buddha from time to time.
2.7) In order to participate in most Website activities and to apply for a Program/courses/webinars/contests if any, you will need to register for a personal account (“User Account”) by undergoing a two-step verification process to verify your login credentials such as your phone number, email etc., by way of a one-time password which will be sent to your phone number and email id simultaneously.
3) Intellectual Property Rights
3.1) “Intellectual Property” refers to any invention, creation, work, algorithm, source code, object code or other code, design, Confidential Information, Product and so on which have been acquired, or in the process of being acquired, or capable of being acquired as patent, copyright, trademark, trade secret, or any other type of Intellectual Property
3.2) “Content” refers to any and all content aggregated from third-party providers, including news articles, videos, images, comments and advertisements.
3.3) Our Limited License to You:
This Website and all the materials available on the Website, and all related names, designs, marks, and slogans, are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws unless specified otherwise;
The Website is provided solely for your personal non-commercial use. You may not use the Website or the materials available on the Website in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Website. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
3.4) Your License to Us:
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, videos) to us via the Website, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older.
3.5) In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate
3.6) Any “work made for hire”:
a) You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Laws of India, as amended. As such, the copyrights in those works shall belong to Cyber Buddha from their creation. Thus, Cyber Buddha shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Cyber Buddha determines.
b) In the event that any of the results and proceeds of your submissions here under are not deemed a “work made for hire” under the Intellectual Property Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Cyber Buddha all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
3.7) You acknowledge that Cyber Buddha has the right but not the obligation to use and display any postings or contributions of any kind and that Cyber Buddha may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
3.8) Cyber Buddha owns and retains all the intellectual property rights to the summarized content made available to You through the Website by Cyber Buddha but does not claim ownership rights to the original sources of information, which are instead held by the Websites to which the Website may link You.
3.9) Any intellectual property which is not specifically mentioned to be owned by Cyber Buddha is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off. Cyber Buddha respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by You.
3.10) All trademarks, brands and service marks of the Website are the property of Cyber Buddha only. Cyber Buddha owns all of the copyrights and database in relation to the Website. The content included on this Website, including, but not limited to the Cyber Buddha tests, reports, text, graphics, logos, icons, and images is the exclusive property of Cyber Buddha and other respective owners that have granted Cyber Buddha the right and license to use such property and is protected by Indian and international copyright laws. All trademarks, service marks, and trade names are proprietary to Cyber Buddha or other respective owners that have granted Cyber Buddha the right and license to use such marks
3.11) Any intellectual property which is not specifically mentioned to be owned by Cyber Buddha is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.
3.12) Cyber Buddha respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights held by You. If you believe in good faith that materials hosted by Cyber Buddha infringes your copyright, you, or your agent may send to Cyber Buddha a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the laws of India shall not be considered sufficient notice and shall not be deemed to confer upon Cyber Buddha actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the laws of India permits you to send to Cyber Buddha a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the laws of India; see http://www.loc.gov/copyright for details.
4) Online Commerce
4.1) Certain sections of the Website may allow you to purchase many different types of products and services online that may or may not be provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Website or on a Website linked to by the Website, the information obtained during your visit to that merchant’s online store or Website, and the information that you give as part of the transaction, such as your credit card number and contact information or any other information whatsoever, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies.
4.2) In addition, when you purchase products or services on or through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant/vendor, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s/vendor’s Website and click on its information links or contact the merchant/vendor directly.
4.3) You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Website.
4.4) Your participation, correspondence or business dealings regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third parties. You agree that Cyber Buddha shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
4.5) You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
4.6) You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
4.7) Shipping Policy – Digital Products
a) All of Cyber Buddha’s online training programs/webinars/contests/courses (Cyber Buddha Success System, The Titan Academy, Your Productivity Unleashed,The HyperProductivity Formula, Your Absolute Best Year Yet, Extreme Achievement Formula, The Game Changer’s Blueprint, The Game Changer’s Monograph, The Legendary Performer Program, Personal Mastery Academy Online) and webinars are accessed using an Internet connection. This is to say that there is no shipping necessary for these Websites.
b) Once a client’s payment is accepted, his/her login details are emailed to their respective email address as it was entered during the checkout process. This then grants them access into the online membership Website or webinar.
c) Should the client enter his/her email address incorrectly during the checkout process, we take no responsibility in the delay of access details being sent to them. It is the client’s responsibility to follow-up in such a situation. If a client’s email address changes during their period, it is their responsibility to make the appropriate change by informing us via contact us option during the tenure of their program on our Website.
5) Interactive Features and liability of Cyber Buddha in relation to it and Communications
5.1) This Website may include a variety of features, such as Daily Publications, bulletin boards, web logs, chat rooms, Podcasts, blogs, stories, reflections and also, email services which allow feedback to us and real-time interaction between Users, and other features which allow Users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Website, or sent via any email services on the Website, lies with each User – you alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Website.
5.2) It is a condition of your use of the Website that you do not:
a) Restrict or inhibit any other User from using and enjoying the Website.
b) Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
c) Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Website.
d) Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
e) Gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining or other illicit means.
f) Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.
g) Use the Website to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
h) Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
i) Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.
j) Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
k) Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
l) Gather for marketing purposes any email addresses or other personal information that has been posted by other Users of the Website.
5.3) Cyber Buddha may host message boards, chats and other public forums on its Website. Any User failing to comply with the terms and conditions of this agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future.
5.4) Cyber Buddha or its designated agents may remove or alter any User-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centres for Users and subscribers. Information and content posted within these public forums may be provided by Cyber Buddha staff, outside contributors, or by Users not connected with Cyber Buddha, some of whom may employ anonymous Usernames.
5.5) Cyber Buddha expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Cyber Buddha or any of its subsidiaries or affiliates.
5.6) Cyber Buddha has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Websites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any Applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, Users and visitors.
5.7) When You use the Website or send emails or other data, information or communication to Cyber Buddha, you agree and understand that You are communicating with Cyber Buddha through electronic records and You consent to receive communications via electronic records from Cyber Buddha periodically and as and when required. Cyber Buddha may communicate with You by email provided by You in Your communications or at the time of registration or by any other mode of communication, electronic or otherwise. However, Cyber Buddha does not assure any confidentiality or security of information provided to Cyber Buddha from Your side.
6) Registration and password related requirements
6.1) Registration
To access certain features of the Website, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Website, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
6.2) Password
To use certain features of the Website, you may need a Username and password, which you will receive through the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
7) International Users
The Service is controlled, operated, and administered by Cyber Buddha from our offices within India. If you access the Service from a location outside India, you are responsible for compliance with all local laws. You agree that you will not use the Cyber Buddha Content accessed through www.Cyberbuddha.in in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
8) Sharing of the information collected and other information that we collect through automatic data collection technologies
8.1) Sharing of information collected:
We may disclose personal information that we collect, or you provide, as described in the privacy policy, in the following ways:
a. Internally, to our subsidiaries and affiliates and sister concerns;
b. To contractors, advertisers/service providers and other third-parties;
c. To third parties to market their products or services to you if you have consented to receive the promotional updates. We contractually require these third-parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
d. We may share your information with outside vendors that we use for a variety of purposes, such as to send you communications via emails to inform you about our services that may be of interest to you, push notifications/pop-ups to your devices on our behalf et cetera.
8.2) Collection of Information through automatic data technology:
a. We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services, and about your use of the Services, even if you use the Services without registering or logging in.
b. Usage information: Details of your use of our Services, including traffic data, location data, time zone, language preference, logs and other communication data and the resources that you access and use on or through our Services.
c. Computer and device information: Information about your computer, Internet connection and mobile device, including your IP address, operating systems, Websites, browser type, other browsing information (connection, speed, connection type etc.), device type, device’s unique device identifier, mobile network information and the device’s telephone number.
d. Stored information and files: We may also access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
e. Last URL Website: The URL of the last web page you Website before visiting our Websites.
f. Mobile device IDs: Unique mobile device identifier (e.g. IDFA or other device IDs on Apple devices like the iPhone and iPad), if you’re using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our Website. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our Website, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our services .
g. Your activity on the Services: Information about your activity on the Services, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you viWebsited our Services, the date and time you used the Services, error logs, and other similar information.
9) Legal purposes and consent
9.1) Legal purposes
We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of the Privacy Policy or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of Cyber Buddha, our employees, Users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations on account of legal request such as subpoena, court order or government demand to comply with the law.
9.2) Consent
We may share your information in any other circumstances where we have your consent.
10) Social Networking features
If you interact with social media features on our Services, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about your use of the Services, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.
11) Prohibited Activities
You agree, undertake, and confirm that Your use of the Website shall be strictly governed by, including but not limited to the following:
11.1) You shall not alter or modify any part of the Website and/or use the Website for any illegal purpose.
11.2) You shall not reformat or frame any portion of any web page that is part of the Website.
11.3) You shall not collect or harvest or attempt to collect personal data, or any other kind of information about other Users, including without limitation, through spidering or any form of scraping.
11.4) You shall not post advertisements, promotions or solicitations of business or solicit Users or post spam or any other form of solicitation or spam; post or transmit any communication or solicitation designed or intended to obtain the password, account or private information from any other User.
11.5) You shall not deliberately impersonate another person, whether real or fictional or otherwise misrepresent Your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person impersonate other Users or otherwise fake Your identity.
11.6) You shall not rent, sell or transfer or lease or offer to sell or transfer access to the Website and/or any Cyber Buddha account or permit any third parties to use Your name and password, or any Content on the Website.
11.7) You shall not rent, sell, or transfer or lease or offer to sell or transfer access to the Website and/or any Cyber Buddha account or permit any third parties to use Your name and password, or any Content on the Website.
11.8) You shall not resell or commercially use the Website or any of its Content or download or copy account information for the benefit of Yourself or any third-party. The Website is for personal use only and may not be reproduced, duplicated, copied, sold, resold, viWebsited, or otherwise exploited for any commercial purpose.
11.9) You shall not authorize any third party to use Your account.
11.10) You shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation; or use the Website for any illegal or unauthorized purpose; You agree to comply with all local laws Applicable to Your conduct and the content and information, including hyperlinks, that You upload, store, share or transmit using the Website.
11.11) You shall not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or Appearing on, the Website or on any Content Appearing on the Website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of Cyber Buddha and our affiliates or other Users. You may not use any meta-tags or any other “hidden text” utilizing Cyber Buddha’s name or trademarks without the express written consent of Cyber Buddha. Any unauthorized use terminates the permission or license granted by Cyber Buddha. You may not use any Cyber Buddha logo or other proprietary graphic or trademark as part of the link without Cyber Buddha’s advance express written permission.
11.12) You shall not employ scraping or similar techniques to aggregate, repurpose, adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit the Content except via the features provided on the Website.
11.13) You shall not, permit any third party to copy or adapt the object code of the Website, or reverse engineer, reverse assemble, decompile, modify, or attempt to discover any source or object code of any part of the Website, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content.
11.14) You shall not transmit any viruses, worms, defects, Trojan horse, cancel bots, spyware, other items of a contaminating or destructive nature, adware, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology harmful code, flood pings, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Website or networks forming part of, or connected to, the Website, or which does or might restrict or inhibit any other User’s use and enjoyment of the Website.
11.15) You shall not stalk, exploit, threaten, abuse, or otherwise harass another User, or any Cyber Buddha employee.
11.16) You shall not violate, circumvent or attempt to violate or circumvent any data security measures employed by Cyber Buddha; access or attempt to access data or materials which are not intended for Your use; log into, or attempt to log into, an account which You are not authorized to access; attempt to scan or test the vulnerability of Cyber Buddha’s server, system or network or attempt to breach Cyber Buddha’s data security or authentication procedures; attempt to interfere with the Website by any means including, without limitation, hacking Cyber Buddha’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. insult, harass, threaten, molest or intimidate other Users.
11.17) You shall not use any robot, spider, offline readers, Website search and/or retrieval application, or other device to retrieve or index any portion of the Website, with the exception of public search engines; use any robot, spider, scraper or other automated means to access, analyse or copy the Website and/or information (whether our information or other User’s information).
11.18) You shall at all times ensure full compliance with the Applicable provisions of the Information Technology Act, 2000 and rules there under as Applicable and as amended from time to time and also all Applicable Domestic laws, rules and regulations (including the provisions of any Applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies).
11.19) You agree to comply with the above conditions and acknowledge that Cyber Buddha has the right, in its sole discretion, to terminate Your account or take action as in our sole discretion is necessary if You breach any of the above conditions or any of the other provisions of this Terms.
11.20) You understand that Cyber Buddha always has the right to disclose any information (including the identity of the persons providing information or materials on Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, Cyber Buddha may (and You hereby expressly authorize Cyber Buddha to) disclose any information about You to law enforcement or other government officials, as Cyber Buddha, in its sole discretion, believes necessary or Websiteropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury; Throughout these Terms, Cyber Buddha’s prior written consent means a communication coming from Cyber Buddha’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
12) Third Party Content
12.1) The Website may provide access to third-party Websites that are not owned or controlled by Cyber Buddha. Cyber Buddha is not responsible for any third-party Content, Applications, services, advertisements, and/or links that may be contained in the Website.
12.2) The Website may provide access to third-party games, quizzes, and other such activities requiring skill, for which prizes may be awarded by the concerned third-party. Cyber Buddha does not own or control these third-party games or other activities and does not control or undertake any liability for declaring results or awarding prizes.
12.3) If You have any complaints or concerns regarding third-party content or third-party activities on the Website, you agree to report your complaints through the takedown process. You further agree and acknowledge that Cyber Buddha will handle Your complaints in accordance with its Takedown Policy and the Applicable law.
12.4) You shall not copy reproduce, republish, upload, post, publicly display, encode, translate, transmit, download or distribute the Website or any Content in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise. Cyber Buddha shall have all the rights to take necessary action and claim damages in case of any violation. Such action may also involve terminating Your permission to use the Website by deleting Your Account.
12.5) You may use general information about the Website expressly permitted, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such Content only for Your personal, non-commercial informational purpose unless agreed otherwise through an agreement and do not copy or post such Content on any networked computer or broadcast it in any media, (3) make no modifications to any such Content, and (4) do not make any additional representations or warranties relating to such documents.
12.6) The following terms are Applicable to Content made available through YouTube API Services
Content accessed and made available on the Website through the YouTube API Services has been auto aggregated using the API Services, and Cyber Buddha is not in any manner involved in the creation, editing or selection of the Content. If you view or click on such Content, You acknowledge and understand clicking on the content will redirect You to the original publisher’s YouTube channel/page. Except where specifically authorised, You are restricted from modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing in any way any Content from YouTube displayed on this Website including code and software.
12.7) You agree that, if you view or click on YouTube Content available on the Website, You agree to the terms of the following:
Cyber Buddha User Agreement
Cyber Buddha Content and Privacy Policy
Google Privacy Policy and
YouTube Terms of Use.
12.8) You agree that the external links provided along with the YouTube generated Content do not constitute an endorsement or Approval by Cyber Buddha of any such Content or the original publisher, including but not limited to a corporation or organization or individual. Cyber Buddha bears no responsibility or liability for the Content or legality of the YouTube channel or page or for that of subsequent links. Please contact YouTube directly for any queries or complaints regarding its Content.
13) Proprietary Rights in Content
13.1) Cyber Buddha and its affiliates hold no responsibility for the materials contained in the Content or in accuracy of the Content accessible by You through Your use of the Website. You acknowledge that the Website is merely an intermediary/ enabling technology that allows You to search for and access the Content.
13.2) In no event shall Cyber Buddha or its affiliates assume or have any responsibility or liability for the Content accessible by use of the Website or for any claims, damages or losses resulting from the use of the Content.
13.3) You acknowledge and concede that the Content accessible by use of the Website is the property of the relevant content providers and are the subject of proprietary and other rights of such content providers including any Intellectual Property Rights. You are not permitted to distribute, download/use/access, transmit, republish, display, sell, license or otherwise communicate the Content to the public in any manner except via the features provided on the Website
14) Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Website, including our messaging, blogs, comments of others, books, emails, diagnosis, treatments, products, or services, or third-party materials, products, or services made available through the Website or by us in any way, even if we are advised beforehand of the possibility of such damages.(because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any User. If you are dissatisfied with the Website, any materials, products, or services on the Website, or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website and the products, services and/or materials.
This Website is continually under development and Cyber Buddha makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
15) Termination
We may cancel or terminate your right to use the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.
16) Confidentiality
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-User customer pursuant to a Program is proprietary information of Cyber Buddha. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
17) Limitations on Linking and Framing
You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your Website by us or by the Website. However, you may not, without our prior written permission, frame, or inline link any of the content of the Website or incorporate into another Website or other service any of our material, content, or intellectual property.
18) Notice of Copyright
Cyber Buddha’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: ____.
This Agreement shall be binding upon and inure to the benefit of Cyber Buddha and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights here under may be assigned without the prior written consent of Cyber Buddha. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Cyber Buddha to any affiliated entity or any of its wholly owned subsidiaries.
19) Law, Jurisdiction, Arbitration and Dispute Resolution
19.1) These Terms of Use shall be governed by and construed in accordance with the laws of India and any dispute shall be subject to binding arbitration in Mumbai, Maharashtra. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
19.2) Law and Jurisdiction
The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Mumbai and no other court.
19.3) Arbitration
All disputes arising under or in relation to this Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Mumbai. The arbitration proceedings shall be conducted in English. The arbitrator’s award shall be final and undisputable by both Parties.
The award of arbitral tribunal in respect of a Dispute shall be final and binding on the parties and shall be enforceable in accordance with its terms and shall be substantiated in writing. You and Cyber Buddha shall submit to the award of the arbitral tribunal and such award shall be enforceable in any competent court of law. The arbitral tribunal shall also decide on the costs of the arbitration proceedings. Prior to or pending arbitration, nothing in this Agreement shall preclude either You or Us from seeking an interim or injunctive relief from courts of competent jurisdiction
19.4) You and Cyber Buddha agree that any cause of action arising out of Your use of the website must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred
20) Force Majeure and Act of Third Parties
The performance of any part of this Terms by Cyber Buddha and its affiliates shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of Cyber Buddha or act of any third party beyond the control of Cyber Buddha including but not limited to hacking, data theft, unauthorised access to Your account, impersonation, fraud, misrepresentation and so on.
21) Class Action Waiver
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
22) Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.
23) Specific Notices for advertisement, notice to Cyber Buddha and Take Down Policy
23.1) Notice is specifically given that Cyber Buddha is not responsible for the Content or Advertisements accessible through the Website. Cyber Buddha reserves right in its sole discretion to remove and/or disable access to Content claimed to infringe third-party rights and/or terminate the accounts of the Users of the Website who may infringe upon intellectual property or other rights of Cyber Buddha and/or other third parties. Cyber Buddha’s policy on taking down content based on User requests in accordance with the law may be accessed here.
23.2) All notices to Cyber Buddha hereunder shall be in writing and shall be duly given if delivered personally or sent by registered mail, return receipt requested, or facsimile to the following Address or emailed to the following email id: ___
[Insert Cyber Buddha Address]
23.3) Takedown requests may also be made by submitting a completed form, available here._____
23.4) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
23.5) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms for access or usage of the Website.
24) Changes to Terms
Cyber Buddha reserves the right, in its sole discretion, to change the Terms under which www.Cyberbuddha.in is offered. The most current version of the Terms will supersede all previous versions. Cyber Buddha encourages you to periodically review the Terms to stay informed of our updates.
I have read and understood the Terms and Conditions and I hereby, out of my free will, unconditionally accept to be bound by the same.
25) Disclaimers
• Throughout the Website, we may provide links and pointers to Internet Websites maintained by third parties. Our linking to such third-party Websites does not imply an endorsement or sponsorship of such Websites, or the information, products or services offered on or through the Websites.
• In addition, neither we nor affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Website or on Websites linked to by us on the Website.
• If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and laboratory results if any, are those of the respective authors or distributors, and not Cyber Buddha. Neither Cyber Buddha nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content.
• Furthermore, Cyber Buddha neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Websites by anyone other than an authorized Cyber Buddha representative while acting in his/her official capacity.
• There would be Podcasts, blogs, articles on any subject matter whatsoever, it is to clarify that all the information shared through whatever sources available on the Internet, is the personal opinion of the author or the other persons who is sharing the same, and we hold no responsibility if it damages any person using our Website in any manner.
• The Website also offers you the consultancy services from the author and its team, the services shall be given as per the Adrey Consultancy Pvt Ltd terms and conditions and privacy policy and strictly not as per Cyber Buddha. Taking services in cyber space from the author in whatsoever way shall be dealt under Adrey Consultancy Pvt Ltd. It is requested that any one willing to take the said services, go through the terms and conditions of Adrey Consultancy Pvt Ltd. All the liabilities related to the payments for the same shall be discharged as per Adrey Consultancy Pvt Ltd and not Cyber Buddha. Thus, Cyber Buddha and Adrey Consultancy are two separate identities.
• It is mentioned here to clarify the Users of the Website that any pictures used on the Website in whatever format and manner, hold the individual copyright of their respective owners unless specifically mentioned by the author.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY CYBER BUDDHA AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE BELIEVE THAT THE INFORMATION WE PROVIDE, INCLUDING THAT ON OUR WEBSITES, BROCHURES, FLYERS AND INFORMATION PACKETS, IS ACCURATE, BUT WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.IT IS YOUR RESPONSIBILITY TO VERIFY SUCH MATTERS INDEPENDENTLY FROM PRIMARY SOURCES OF INFORMATION AND BY TAKING SPECIFIC PROFESSIONAL ADVICE.
You agree at all times to defend, indemnify and hold harmless Cyber Buddha, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.