1. Acceptance
Effective date
10-01-2021 Please read these Terms and Conditions carefully before using this
Web Site. If you do not agree to these Terms and Conditions exit now and do not
use this Web Site.
2. Registration and
Termination
To use a Service you
may need to register and create an account with a username and a password. You
may need to provide us with certain personal and other information. A Beautiful
Journey may verify your email address before your account can be used.
You agree to provide
truthful and complete information when you register for the Service and to keep
that information updated. You must take due care to protect your username and
password against misuse by others and promptly notify A Beautiful Journey about
any misuse. You are personally responsible for any use of the Service.
You may terminate
your registration if you no longer wish to use the Service. After termination,
you will no longer have access to the Service. A Beautiful Journey may
terminate your registration or restrict your access to certain parts of the
Service if A Beautiful Journey reasonably believes that you have breached the
Terms.
3. Licenses
A Beautiful Journey
grants you a non-exclusive, non-transferable license, revocable at any time at A
Beautiful Journey’s sole discretion, to access and use the Service strictly in
accordance with the Terms. Use of the Service does not grant you any
intellectual property rights in or to any information or content in the
Service.
As part of the
Service, A Beautiful Journey may provide you with content developed by A
Beautiful Journey or its licensors (“Content”). A Beautiful Journey grants you
a non-exclusive license to use the Content for the purpose it is intended,
unless otherwise defined in the applicable Terms or the purchase order. The A
Beautiful Journey, however, retains the right to withdraw the aforementioned
license at its sole discretion.
You are bound by any
restrictions applicable to specific Content you obtain through the Service. Any
license acquired to third-party Content is a binding agreement between you and
the third-party Content provider. You have only the rights to the Content which
are expressly granted herein. Any liability arising out of your use of the
Content shall be solely to your account and the A Beautiful Journey shall not
take any responsibility for the same.
As part of the
Service, A Beautiful Journey may provide you with certain software developed by
A Beautiful Journey or, its licensors (“Software”). Your use of Software may be
subject to separate terms and conditions that you must accept before using the
Software.
If there are no
separate terms and conditions applicable to such Software, the following terms
apply: A Beautiful Journey grants to you a limited, non-exclusive,
non-transferable right to install and use the Software on your computer and/or
mobile device in order to use the Service.
You may not distribute,
transfer the right to use, modify, translate, reproduce, resell, sublicense,
rent, lease, reverse engineer, or otherwise attempt to discover the source code
of or make derivative works of the Software. For open source licensed software,
applicable open source license terms apply.
You may be able to
submit information or content (“Material”) to the Service. A Beautiful Journey
does not claim ownership in your Material. Your submission of Material does not
transfer ownership of rights of the Material to A Beautiful Journey. A
Beautiful Journey is only transmitting the Material and is not responsible for
editorial control over it.
Any liability arising
out of the use of your Material shall not be borne by the A Beautiful Journey
and you shall keep the A Beautiful Journey indemnified and harmless in this
regard. By submitting Material to the Service you grant A Beautiful Journey a
world-wide, non-exclusive, sub-licensable, assignable, fully paid-up,
royalty-free, perpetual and irrevocable license to use, copy, publicly perform,
display, distribute in any media and modify the Material to incorporate the
Material into other works, and to grant similar sublicenses to the extent
necessary for A Beautiful Journey to provide the Service.
You are solely
responsible for taking backup copies of the data you store on the Service,
including Content you upload. If the Service is discontinued or canceled, A
Beautiful Journey may permanently delete your data. A Beautiful Journey has no
obligation to return data to you after the Service is discontinued or canceled.
4. Using the Service
You agree to: Comply
with applicable laws, these Terms and good manners;
Use the Service only
for your personal, non-commercial purposes;
Not submit unlawful,
offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous,
blasphemous, defamatory, obscene, pedophilic, invasive of another’s privacy,
hateful, racially or ethically objectionable, disparaging, relating to or
encouraging money laundering or gambling, or otherwise inappropriate material.
Not to upload or
share any information that impersonates another person, threatens the unity,
integrity, defence, security or sovereignty of India.
Obtain any consents,
permission or licenses that may be legally required for you to submit any
Material;
Respect the privacy
of others;
Not distribute or
post spam, unreasonably large files, chain letters, pyramid schemes, viruses;
or Not use any other technologies or initiate other activities that may harm
the Service, or the interest or property of the Service users.
Not to use any
automated systems or means to access, acquire, copy or monitor any part of the
service.
Be responsible for
the consequences related to the Material that you post.
Report any abuse of
the above terms at the below email id
A Beautiful Journey
may but has no obligation to: Monitor or moderate any Content or Material;
Remove any Material from the Service; and Restrict access to any part of the
Service at any time in its sole discretion.
5. Content
Before downloading or
accessing any Content, please check whether the Content which you wish to
access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’.
A Beautiful Journey shall not be responsible for any claims or offense caused
or suffered by you accessing such Content. You agree:
To use the Content
only for your personal, non-commercial purposes; To use the Content in
accordance with the restrictions set out in the applicable laws, additional
terms, guidelines and policies or on the product pages that apply to that
particular piece of the Content;
Not to make copies,
give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer,
communicate to the public, reproduce, modify, display, perform, commercially
exploit or make the Content available unless otherwise authorized in the
applicable Terms and to advise A Beautiful Journey promptly of any such
unauthorized use;
Not to remove,
circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any
applicable usage rules or attempt to circumvent digital rights management or
copy protection features associated with the Content or any other technologies
used to control the access to or use of the Content or its identifying
information; Not to use any automated systems or means, except for those
provided by us, for the selection or downloading of the Content;
Not to give out your
password or otherwise allow other people to access the Content. The
restrictions on copying that apply to applicable media also apply to the
Content accessed as part of this Service.
The Content is owned
and/or controlled by A Beautiful Journey and/or its respective licensors and is
protected by intellectual property laws. The third party Content provider is
solely responsible for any Content it provides, any warranties to the extent
that such warranties have not been disclaimed and for any claims you may have
relating to that Content or your use of that Content.
However, A Beautiful
Journey reserves the right to enforce the third party Content license terms
against you as a third party beneficiary of those terms. The third party
Content providers are third-party beneficiaries under these Terms and may
enforce the provisions that directly concern the Content in which they have
rights. A Beautiful Journey may be acting as an agent for third party Content
provider in providing the Content to you. A Beautiful Journey is not a party to
the transaction between you and the third party Content provider for such
Content.
6. Notices
A Beautiful Journey
may post notices within the Service. A Beautiful Journey may also send you notices
about products and Services to the email address or telephone number you have
provided to us. You are deemed to have received such notices at the latest
within seven (7)days from A Beautiful Journey sending or posting those. Your
continued use of the Services constitutes your receipt of all notices
regardless of delivery method.
7. Fees
Your use of the
Service may be or may become subject to charges.
Use of the Service
may involve transmission of data through your service provider’s network.
Prices listed within the Service do not include possible data transmission,
text message, voice or other service provision charges by your network service
provider.
A Beautiful Journey
assumes no responsibility for the payment of any charges of your service
providers.
8. Order and Payment
Terms
"Order"
shall mean the selection of payable Content and/or subscription to Content
offered by A Beautiful Journey and available in the Service and submission of
payment method, as well as submitting the order by selecting the
"buy", "ok", "I accept" or other similar
confirmation of acceptance in the order flow or providing other indication of
acceptance terms that are presented to you in the order flow.
You agree that all
Orders shall be legally valid and binding. All Orders are subject to acceptance
by A Beautiful Journey.
You may pay by credit
or debit card, network service provider billing, or other payment methods if
available.
Your credit or debit
card must have a billing address in the country where the Content is offered by
the Service. A Beautiful Journey will charge your credit card or debit your
bank account within a reasonable time after you have made your Order. All
credit card payments are subject to validation checks and authorization by the
card issuer.
If you choose network
service provider billing, charges will appear on your mobile phone bill or be
deducted from your prepaid account if it is a prepaid account. Some network
service providers may subject your usage of the Service to additional terms and
conditions including placing limits on the amount of charges possible with
network service provider billing. Charges in excess of network service provider
limits or account balance may be rejected.
You agree to pay the
charges related to your Order, to ensure that the instrument of payment is
valid at the time of the Order, that you are the rightful holder of the
instrument and that the instrument is used within its credit limits.
The Content that is
delivered is licensed to you. You agree to use such Content solely as permitted
in these Terms and in any additional terms that you may be presented in the
order flow.
The Service may offer
subscriptions. You authorize the Service to place a periodical charge during
the period of the subscription. The Service may also offer a trial period. If
your Order involves a trial period (also known as try-and-buy), you may be
charged when the trial period expires, unless you cancel in accordance with the
subscription/trial terms.
The prices in the
Service may change from time to time. Prices include applicable taxes in effect
at the time of your transaction, unless otherwise stated. There may be
instances where you incur additional charges from your bank or credit card
provider based on currency conversion rates used and/or additional fees
assessed.
Any personal
information identifying any visitor to the A Beautiful Journey Sites or
Subscriber ("Personal Information") if required, is asked for
explicitly in the relevant page on the A Beautiful Journey Sites. Personal
Information is used to operate the A Beautiful Journey Sites, and we may
occasionally inform you of new features, services, and products from the
Company.
We may place a text
file called a "cookie" in the browser files of your computer. The
cookie itself does not contain Personal Information although it will enable the
A Beautiful Journey Sites to relate your use of the A Beautiful Journey Sites
to information that you have specifically and knowingly provided to the A
Beautiful Journey Sites.
If at any time you
believe the A Beautiful Journey Sites have not adhered to these principles,
please notify at Contact Us and we will use all commercially reasonable efforts
to promptly determine and correct the problem.
If you have questions
about this policy, Contact Us
9. Feedback to A
Beautiful Journey
By submitting any
ideas, feedback and/or proposals ("Feedback") to A Beautiful Journey
through the Service or other means, you acknowledge and agree that: (1) A
Beautiful Journey may have similar development ideas to the Feedback; (2) your
Feedback does not contain confidential or proprietary information of you or any
third party; (3) A Beautiful Journey is not under any obligation of
confidentiality with respect to the Feedback; (4) A Beautiful Journey may
freely use, distribute, exploit and further develop and modify Feedback for any
purpose; and (5) you are not entitled to any compensation of any kind from A
Beautiful Journey.
10. Social Activities
and Location Sharing
You may use features
in the Service to share your location, status, content, Materials or personal
information or to interact with other users, sites and services. By using these
features you agree that A Beautiful Journey may use and provide that
information to other services and persons with whom you choose to interact or
share this information. Users of these services and persons, such as your
contacts, may see your location, status and/or personal information. In using
these features you agree not to share information, Content or Material, or to
link to any service or site containing information, Content or Material, that:
(a) contains content or other material that is illegal or inappropriate; (b)
exploits intellectual property rights without authorization or encourages users
to piracy; or (c) contains sensitive personal data of others. Any interaction
does not involve A Beautiful Journey and is solely between you and the other
user(s).
11. Availability and
Technical Requirements
The availability of
Content and the Service may vary and is subject to A Beautiful Journey’s sole
discretion. A Beautiful Journey expressly disclaims any representation or
warranty that any particular Content or Service will be available. The Service,
operations and some features may also be dependent on the network,
compatibility of the devices used and the content formats supported.
To access the
Service, you may need to download a specific piece of software developed by A
Beautiful Journey or by another party.
A Beautiful Journey
may, in its sole discretion, change, correct or discontinue the Service in
whole or in part. A Beautiful Journey may disable any Content or Software
contained in your Service account for any reason and remove any Content or
Software and/or disable copies of any application on your device in order to
protect the Service, application providers, wireless carriers over whose
network you access the service or any other affected or potentially affected
parties.
12. Links to Third
Party Sites and Content
A Beautiful Journey
may include access to sites and services on the Internet or preloaded clients
that enable you to interact with sites and services that are owned or operated
by thirdparties and that are not part of the Service. You must review and agree
to the terms and conditions of these sites or services before using these sites
orservices.
A Beautiful Journey
has no control over the third party content, sites or services and assumes no
responsibility for services provided or material created or published on these
third-partysites or services. A link to a third-party site does not imply that A
Beautiful Journey endorses the site or the products or services referenced in
the site.
In addition, you and
other users may create content and links to content within the Service that has
not otherwise been submitted to the Service. A Beautiful Journey is not
responsible for this type of content or links.
13. Advertisements
Service may include
advertisements. Advertisements may be targeted to the content or information
stored on the Service, queries made through the Service, or other information.
14. Personal Data
The Privacy Policy
and any additional privacy information made available to you govern the use of
your personal data.
15. Limitation of
Liability
The Service is
provided on “AS IS” and “AS AVAILABLE” basis. A Beautiful Journey does not
warrant that the Service will be uninterrupted or error or virus-free. No
warranty of any kind, either express or implied, including but not limited to
warranties of title, non-infringement, merchantability, or fitness for a
particular purpose, is made in relation to the availability, accuracy,
reliability, information or content of the Service. You expressly agree and
acknowledge that the use of the Service is at your sole risk and that you may
be exposed to content from various sources.
A Beautiful Journey
is not liable for any direct damages caused by your use or inability to use the
Service. In no case will A Beautiful Journey be liable for any indirect,
incidental, punitive or consequential damages resulting from your use or
inability to use the Service.
16. Indemnification
You agree to defend
and indemnify A Beautiful Journey from and against all third party claims and
all liabilities, assessments, losses, costs or damages resulting from or
arising out of (i) your breach of these Terms, (ii) your infringement or
violation of any intellectual property rights, other rights or privacy of a
third party, or (iii) misuse of the Service by a third party where the misuse
was made possible by your failure to take reasonable measures to protect your
username and password against misuse..
17. Miscellaneous
17.1 Choice of Law
These Terms are
governed by the laws of India. The Courts at New Delhi shall have exclusive
jurisdiction over any dispute arising out of your use of the Service.
17.2 Changes in Terms
A Beautiful Journey
may modify the Terms at any time without prior notice. If the Terms are changed
in a material, adverse way, A Beautiful Journey will provide a separate notice
advising of the change.
You are responsible
for regularly reviewing the Terms. Your continued use of the Service
constitutes your consent to any changes and modification.
18. Intellectual
Property
The Service, Content
and Software are protected under the copyright laws. A Beautiful Journey claims
copyrights in its Service, Content, and Software to the maximum extent of the
law. Subject to the Terms, A Beautiful Journey retains all rights, titles and
interests in the Service, its Content, the Software and in all other A
Beautiful Journey products, software and other properties provided to you or
used by you through the Service.
19. Assignment
A Beautiful Journey
may assign its rights and obligations under these Terms to its subsidiaries, or
to any company under common control with A Beautiful Journey. Additionally, A
Beautiful Journey may assign its rights and obligations under these Terms to a
third party inconnection with a merger, acquisition, sale of assets, by
operation of law or otherwise
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