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TERMS AND CONDITIONS
Welcome to www.afieldcalledyou.com. The Website is solely owned and operated by Mr. Anurag Bhartiya.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE WEBSITE TERMS OF USE (HEREINAFTER ‘TERMS OF USE’) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THIS WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND/OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT, IF ANY, (HEREINAFTER ‘YOU’ OR ‘YOUR’) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
These Terms of Use govern Your use of the Website and all applications, software and services (collectively known as “Services”) available via the Web Site, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Web Site (“Service Agreement(s)”). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith.
All content contained on the Website such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, (collectively, “Content”), is the property of <www.afieldcalledyou.com> or its licensors or licensees, and the compilation of the Content on the Website is the exclusive property of <www.afieldcalledyou.com>, protected by Copyright law of India, treaties and conventions.
Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site and its content are the sole property of <www.afieldcalledyou.com>, its affiliates or third parties. The Content is protected by Intellectual Property and other laws in India and other countries. Elements of the Web Site are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.
Any service marks, customized graphics, logos, page headers, icons, scripts and other items (“Marks”) that appear on the Web Site are trademarks of <www.afieldcalledyou.com> and proprietary to <www.afieldcalledyou.com>, its affiliates or other entities that have granted <www.afieldcalledyou.com> the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of <www.afieldcalledyou.com>. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without <www.afieldcalledyou.com>’s prior written permission or that of an appropriate third party. Except as expressly provided herein, <www.afieldcalledyou.com> does not grant to You any express or implied rights to the Intellectual Property of <www.afieldcalledyou.com> or that of any third party.
<www.afieldcalledyou.com> hereby grants you a limited, personal non-transferable, non-sublicensable, revocable licence to (a) access and use only the Web Site, Content and Services only in the manner presented by <www.afieldcalledyou.com>, and (b) access and use the <www.afieldcalledyou.com> computer and network services offered within the Web Site (the “<www.afieldcalledyou.com> Systems”) only in the manner expressly permitted by <www.afieldcalledyou.com>. Except for this limited license, <www.afieldcalledyou.com> does not convey any interest in or to the <www.afieldcalledyou.com> Systems, information or data available via the <www.afieldcalledyou.com> Systems (the “Information”), Content, Services, Web Site or any other <www.afieldcalledyou.com> property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of <www.afieldcalledyou.com>. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by <www.afieldcalledyou.com>.
<www.afieldcalledyou.com> may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice, at the sole discretion of <www.afieldcalledyou.com>. <www.afieldcalledyou.com> may also change or impose fees for products and services provided through the Web Site at any time, at its sole discretion. <www.afieldcalledyou.com> may establish or change, at any time, general practices and restrictions concerning other <www.afieldcalledyou.com> products and services at its sole discretion.
In addition to other restrictions set forth in these Terms of Use, You agree that:
Outbound Links: The Web Site may contain links to third-party Web Sites and resources (referred to collectively hereinafter as “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by <www.afieldcalledyou.com> of the content of such Linked Sites. <www.afieldcalledyou.com> makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. <www.afieldcalledyou.com> shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
Inbound Links: Linking to any page of the Web Site other than to https://www.fieldcalledyou.com through a plain text link is strictly prohibited in the absence of a separate linkage agreement with <www.afieldcalledyou.com>. Any website or other devices that link to https://www.fieldcalledyou.com or any page available therein is prohibited from
Material including but not limited to About the Web Site, About the Service Plans / Consultation Packages, Blogs and Podcasts shall be available free of cost. Any further service availed through Your use of the Web Site shall be subject to the charges as indicated therewith or otherwise, that shall become payable immediately.
Any discount offered by <www.afieldcalledyou.com> shall be subject to the conditions specified therewith. <www.afieldcalledyou.com> shall have the sole discretion to offer or deny any discount to a customer at any given period of time that shall be final and binding and no future claims shall lie against the same.
<www.afieldcalledyou.com> reserves the right, in its sole discretion, to increase, decrease the price for any of its services & products at any point of time.
You agree that <www.afieldcalledyou.com>, at its sole discretion, may terminate or suspend Your use of the Web Site, the <www.afieldcalledyou.com> Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Such suspension or termination shall not be subject and/or conditional upon any refund, whether available or not, which shall be the sole discretion of the <www.afieldcalledyou.com>. Upon such suspension or termination, You must immediately
<www.afieldcalledyou.com> may assign a password and account ID to You so You can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by You to access and use the Website, and <www.afieldcalledyou.com> shall have no obligation to investigate the authorization or source of any such access or use. You acknowledge and agree that as between You and <www.afieldcalledyou.com>, You will be solely responsible for all access to and use of the Web Site by anyone using the password and ID assigned to You whether or not such access to and use of the Web Site is actually authorized by You, including all communications and transmissions and all obligations (including financial obligations for purchases through the Web Site) that may result from such access or use.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to You. You shall immediately notify <www.afieldcalledyou.com> of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which You are aware. You will be responsible for any activity conducted under your assigned password or ID.
When YOU visit and navigate <www.afieldcalledyou.com> or communicate with <www.afieldcalledyou.com>, <www.afieldcalledyou.com> will not collect any personal information about YOU unless YOU provide <www.afieldcalledyou.com> that information voluntarily. Any non-public personal information that YOU may provide to <www.afieldcalledyou.com> , YOU will be used solely for the purpose stated on the page where it is collected. Should YOU provide <www.afieldcalledyou.com> with your name, email address, or other such personal information <www.afieldcalledyou.com> will not share or sell such information.
“Personal Information,” means data that is unique to an individual, such as a name, address, e-mail address, or telephone number. From time to time, <www.afieldcalledyou.com> may request personal information from YOU in order to deliver requested materials to YOU, respond to your questions, or deliver a product or service.
<www.afieldcalledyou.com> informs YOU of its policies regarding the collection, use, and disclosure of personal data when YOU use <www.afieldcalledyou.com> Service and the choices YOU have associated with that data.
<www.afieldcalledyou.com> use your data to provide and improve the Service. By using the Service, YOU agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as mentioned herein.
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to <www.afieldcalledyou.com> and/or third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You shall not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. <www.afieldcalledyou.com> reserves the right (but not the obligation) to remove or edit any such content.
Please do not send <www.afieldcalledyou.com> any material that You do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that You post or send to <www.afieldcalledyou.com> (“User-Generated Content”). If You post or send any User-Generated Content to <www.afieldcalledyou.com>, intentionally or unintentionally, <www.afieldcalledyou.com> (and such others as <www.afieldcalledyou.com> may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, You or anyone else. <www.afieldcalledyou.com> and its designers shall also have the right (but no obligation) to use the name that You submit, as well as any other name by which You are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, You hereby unconditionally grant <www.afieldcalledyou.com> a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to You and with or without attribution (“User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by <www.afieldcalledyou.com>.
You represent, warrant and agree that: You own or otherwise control all of the rights to all User-Generated Content that You post or send to <www.afieldcalledyou.com>; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, Privacy Policy or the rights of any third party and will not cause injury to anyone; and You will indemnify <www.afieldcalledyou.com> and its affiliates and designers from and against all claims arising out of, resulting from or relating to any such User-Generated Content. <www.afieldcalledyou.com> has the right (but no obligation) to monitor, edit or remove any activity or content involving You. <www.afieldcalledyou.com> has no responsibility, and assumes no liability, for any User-Generated Content posted or sent by You or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence and that no confidential or fiduciary relationship is intended or created between You and <www.afieldcalledyou.com>. To the extent that any so-called “moral rights,” “neighbouring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by <www.afieldcalledyou.com>, You agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that You access the Website, or post or submit User-Generated Content, You agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by You.
<www.afieldcalledyou.com> MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE <www.afieldcalledyou.com> SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK. THE WEBSITE, THE <www.afieldcalledyou.com> SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. <www.afieldcalledyou.com>, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. <www.afieldcalledyou.com> AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE <www.afieldcalledyou.com> SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY <www.afieldcalledyou.com> IN THESE TERMS OF USE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT <www.afieldcalledyou.com> IS OTHERWISE FOUND TO BE RESPONSIBLE FOR ANY DAMAGES, <www.afieldcalledyou.com> SHALL BE RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL <www.afieldcalledyou.com>, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF AND/OR INABILITY TO USE THE WEBSITE, THE <www.afieldcalledyou.com> SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT <www.afieldcalledyou.com> IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.
UNDER NO CIRCUMSTANCES SHALL <www.afieldcalledyou.com> BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND THE CONTROL OF <www.afieldcalledyou.com> INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. <www.afieldcalledyou.com> IS NOT RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.
THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. <www.afieldcalledyou.com> MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (“Software”), and, for certain downloadable content, a compatible player device (“Device”). < www.fieldcalledyou.com> may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to <www.afieldcalledyou.com>.
You agree to use the Web Site in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of <www.afieldcalledyou.com>, negatively reflect on the goodwill or reputation of <www.afieldcalledyou.com> and You shall take no action which might cause <www.afieldcalledyou.com> to be in breach of any laws, rulings or regulations applicable to <www.afieldcalledyou.com>.
To the fullest extent permitted by law, these Terms of Use shall be governed and construed in accordance with the laws of India. The Parties hereby agree to submit to the exclusive jurisdiction of the Competent Courts at Delhi Only.
In the event of any controversy or dispute between <www.afieldcalledyou.com> and you arising out of or in connection with your use of the Web Site, the parties agree that they shall attempt, promptly and in good faith, to resolve any such dispute amicably. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days) from the receipt of communication by <www.afieldcalledyou.com> of such dispute, then any and all such disputes shall be referred to Arbitration to be conducted as per the Arbitration and Conciliation Act, 1996. The arbitrator shall be jointly appointed by the parties. The venue of Arbitration shall be Delhi..
The fees of the Arbitration and all the costs arising out of or related to the dispute being submitted for Arbitration shall be borne by the party that submits the said dispute for Arbitration. Any cost of legal proceedings arising thereafter shall be borne by the disputing parties as prescribed under the applicable law.