terms & conditions policy
Introduction
SSK Osmosis (hereinafter, “SSKO”) is company incorporated under the laws of India, under the Companies Act, 2013, having its registered office at SSK Osmosis Private Limited, 702 Shalimar Morya Park, 7th Floor, Off Link Road, Andheri (west), Mumbai – 400 053 India is operating the website www.theshilpashetty.com (including but not limited to software applications, mobile applications and website, hereinafter “the platform”) for providing services across the world.
This Terms of Use and Conditions Policy (hereinafter “Usage Policy”) for the platform and the services provided thereunder is applicable to all users of the platform and the services thereunder as provided from time to time by SSKO and its affiliates, subsidiaries or its successors in interest.
By visiting the platform or availing the services provided thereunder, you agree that you have read, understood and agree to be bound by the terms and conditions of this Usage Policy.
This Usage Policy includes, by reference, the terms and conditions and policies, including the Privacy Policy and Cookie Policy that are referenced here. You agree and warrant that you will not use (or plan, encourage or help others to use) this platform or the service thereunder for any purpose or in any manner that is prohibited by these terms and conditions, law, regulation, or other prohibition. It is your responsibility to ensure that your use of this platform complies with these terms and conditions including but not limited the following:
- You undertake to be eligible to use the Platform in accordance with the legal age of your country or have consent from your parent or guardian.
- While registering on our platform, you undertake to provide accurate information and keep such registration with your exclusive self. You further undertake to not register an account on behalf of a third party or transfer your own account to a third party. You undertake to inform us at support@theshilpashetty.com in case of knowledge of any unauthorized usage of your account. SSKO is not responsible for any loss or activity resulting from any unauthorized usage of your account.
- All trademark, service marks, trade names “SHILPA SHETTY.com etc. are owned by SSKO. You do not acquire ownership rights in the Content created at the platform including intellectual property of the platform. You shall not violate laws prohibiting copyright, patent, trademark or trade secret infringement, misuse or misappropriation thereof. Further, any unauthorized usage of the Content available on the platform may subject you to criminal or civil charges and penalties in accordance with laws of India.
- You shall not engage in distribution of any work which amounts illegal gambling; defamation, harassment or libel; false advertising; slander or transmission of malicious code or to gain access to other networks or to any offence under the prevailing criminal laws of India.
- SSKO is not responsible for content posted on the platform by users. You undertake that any content posted by you as comments, feedback, ideas etc. shared by you without our consent, you grant SSKO perpetual and worldwide license to use such to, but not limited to, develop and market our services and products in order to improve our services. You shall not use the platform in connection with any content that SSKO reasonably believe promotes, incites or threatens violence, contains harassing content, objectionable content or hate speech, is defamatory or violates a person’s privacy, infringes on another person’s copyright, trade or service mark, patent or other property right; constitutes illegal arms trafficking, or is likely to result in retaliation against SSKO’s system, network or employees, including behaviour that results in a server being the target of a denial of service attack.
- You are not permitted to use or cause the SSKO’s systems services to store or process sensitive or otherwise regulated personally-identifiable information such as Protected Health Information, cardholder data that is protected under the Payment Card Industry Data Security Standard (including, but not limited to, credit or debit card data), or other financial data (such as bank account details).
- You acknowledge and agree that SSKO cannot be responsible for any liabilities arising from your violation of this restriction. SSKO is not responsible for your interactions with other users of the platform or any damage or harm caused to you resulting from such interactions.
- If you are additionally subject to the European Data Directive, then you also represent and warrant that your terms of use and privacy policy will incorporate the material portions or essence of SSKO’s privacy policy.
- You agree that you are responsible for and will responsibly utilize the services to transmit email. You acknowledge that sending or promoting spam using the Services is prohibited and will result in immediate termination of your account.
Spam is the transmission of any unsolicited electronic communication for which no verifiable permission has been granted by the recipient. - You acknowledge that SSKO, at its discretion, may place limits on the number of outbound messages you may send if your account indicates that you are jeopardizing SSKO’s network stability.
- If you are found to have committed any such acts, SSKO reserves the right, without notice and in its sole discretion, to terminate your license to use the platform and/or services, and/or to block or prevent future access to and use of the platform or services, and/or initiate appropriate legal action.
- You shall not excessively burden the services provided by SSKO on the platform https://www.theshilpashetty.com or the providers of Third Party Services or other resources or interfere with the services SSKO may provide other customers.
- Your further agree to receive electronic communications from SSKO, subject to applicable laws.
INDEMNIFICATION
You undertake to indemnify and hold SSKO and its affiliates, officers, directors, employees, agents, licensors and suppliers harmless from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs, arising from or relating in any way to content generated by you, your use of the platform, your unauthorized conduct of the platform or any violation of the Usage Policy, any law or the rights of third party.
BILLING/PAYMENT TERMS
We, SSKO, offer a subscription based service model to the content listed on our website and application (“app”).
All the purchases made are subject to our Terms & Conditions Policy.
The aforesaid Subscriptions can be purchased either directly from:
- The SSKO website (SSKO Website Direct Purchase)
- Externally (In-App purchase)
The various subscription plans offered may depend on your location of purchase.
The subscription fee will apply regardless of magnitude and frequency of your access or use of your subscription.
In-App Purchase
In-app purchase includes a purchase made via an external App store, such as the Apple Store or Google Play Store, or any other similar App Store.
An In-app Purchase is purchased from and billed by the respective App store and not by SSKO.
You agree that:
- an In-app Purchase is subject to the terms, conditions and other licensing arrangements specified by that App store provider.
- In-app Purchases are processed securely via the payment gateway used by the relevant App Store provider; and
- you must take up with the App Store provider directly any payment-related issues you experience with an In-App Purchase or return requests.
SSKO Website Purchase
Subscription purchased directly from SSKO’s website are managed and billed by us.
All SSKO Website purchased directly are processed through a secure payment gateway provider, such as PayTM and Paypal. You must refer to their terms and conditions for additional information regarding the same.
All transactions are handled over SSL and are PCI-Compliant. We do not store your credit or debit card details.
Payment
Subject to any free trial period, payment must be made at the time of purchase and before you have access to your subscription.
Subscriptions to the SSKO app will be auto-renewed on the first day of your next billing period.
You must notify to us of any change to your Payment Method.
- We will assume your Payment Method is correct and will continue to bill fees and charges relating to your subscription by your nominated Payment Method.
- If any subscription fees billed to your account are not processed for any reason, we may suspend your subscription until the payment is made in full.
We reserve the right to vary the fees billed for your subscription-based products from time to time, but only for the next and subsequent billing periods.
- In that event, we will give you notice of the variation at least 15 days before the same will come into effect; and
- If you do not cancel your subscription within 15 days of the notice of the variation, you will be deemed to have accepted the variation.
Free Trials
Your SSKO subscription may start with a free trial for a fixed period as specified at the time of sign up.
Free trials are only available to new SSKO users and are at the sole discretion of SSKO. If you attempt to sign up for an additional free trial, you will be immediately charged the standard subscription fee.
We reserve the right to revoke your free trial at any time.
Unless you cancel before the end of the trial period, your free trial will automatically be converted to a paid subscription.
Any unused portion of your free trial period will be forfeited upon purchases of a subscription.
Free trial is a promotional offer and may be revoked anytime without prior notice. However, users who are in the free trial won’t be affected.
Promotions
SSKO may offer special promotions, trials, discounts, offers or coupons from time to time directly through SWEAT or through third parties, subject to and on its terms and conditions separate to those of SSKO. It is your responsibility to read and understand those terms and condition
Any trial offers or subscriptions will automatically rollover to a paid subscription unless cancelled at the end of the promotional period, or unless otherwise stated.
Cancellation
Your subscription may be cancelled at any time.
Unless you cancel at least 24 hours before the start of Your next billing period, you will be charged for the next billing period.
For Web & Android :
Cancel the subscription by going to My account > Subscription > unsubscribe
For iOS :
If your subscription is an In-App Purchase You must disable the ‘auto-renew function’/cancel your subscription in your device settings, or through the relevant App Store.
If we take action to collect any unpaid subscription fees from You, You will pay all costs (on a full indemnity basis) incurred in doing so.
We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
In case of any grievance/dissatisfaction regarding our services, kindly contact our support team at support@theshilpashetty.com
Disclaimer
SSKO PROMOTES WELLNESS AND PHYSICAL ACTIVITIES FOR INFORMATIONAL PURPOSES ONLY. SUCH INFORMATION IS NOT INTENDED AS MEDICAL ADVICE OR SERVICES OR FOR DIAGNOSTIC OR TREATMENT PURPOSES.
SSKO IS NOT REPONSIBLE FOR ANY INJURIES OR DAMAGES SUSTAINED BY USERS RESULTING FROM THE USE OR INABILITY TO USE THE CONTENT ON THE PLATFORM.
SSKO USES THIRD TECHNOLOGIES WHOSE PERFORMANCE IS DISCLAIMED BY SSKO. SSKO SHALL NOT BE LIABLE FOR THE LAPSES BY ANY THIRD PARTY TECHNOLOGY USED BY SSKO IN PROVIDING THE SERVICES ON THE PLATFORM.
SSKO reserves its right to change these policies periodically by updating this page. Such modifications will be effective when posted. Any use of the platform or the services provided thereunder after such modifications shall constitute acceptance of such modifications.
This platform, SSKO’s services and the use of it is governed by the laws of India and the courts in Mumbai, India shall have exclusive jurisdiction over any disputes connected to our platform.
Further, in case any provision of this Usage Policy is held invalid or unenforceable, the remainder of the Usage Policy shall continue to be enforceable.
ALEXA SKILLS
- The Alexa Skill – Shilpa Shetty Yoga is made available to you by SSK Osmosis Private Limited (“SSKO”).
- These terms affect your legal rights and obligations if you choose to enable the Alexa Skill. If you do not agree to be bound by these Terms, we request you to kindly refrain from enabling the said Alexa Skill. If you have already enabled the Alexa Skill and choose not to be bound by these terms, we request you to disable the said Alexa Skill and notify us of the same so that any personal data already collected can be removed/deleted.
- We reserve the right to update/amend these Terms from time to time at our discretion. We may do so for technical, legal or business needs. If we reasonably believe that the change to the Terms is significant, we shall notify you by email. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
- If you have any query regarding the terms, you can contact us by sending an email to support@theshilpashetty.com.
USE OF THE ALEXA SKILL
- You can download, view and print all the content provided to you or otherwise accessible under the Alexa Skill for your own personal use.
- You shall not use, permit to use or assist any third party to use the Alexa Skill for:
- any illegal or unauthorised use;
- Copy the whole or any part of the Alexa Skill nor arrange or create derivative works based on the Alexa Skill except to the extent permitted by law, not capable of exclusion by agreement;
- Distribute, sell, sub-license, lease, resell or purport to assign access to the Alexa Skill; and
- Access the Alexa Skill to build a competitive product or service to build a product using similar ideas, features, functions or graphics.
INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in the Alexa Skill including all information, data, recordings and all source code and other software is owned by us or licensed to us. At no point shall the said intellectual property rights transfer to you under these terms.
TERMINATION OR SUSPENSION
- We reserve the right to suspend or terminate your access to the Alexa Skill at any time without any liability.
- You can disable the App from your device at any time. If you do so, and would like us to delete your personal data from our systems too, please contact us so that we can do so.
GENERAL
- These terms and conditions (as amended from time to time) constitute the entire agreement relating to your use of the Alexa Skill.
- If any provision/clause of these terms and conditions is deemed to be invalid, unenforceable or unlawful by any Court of competent jurisdiction, then such provision shall be construed as nearly as possible to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.