The term You or User shall mean any natural or legal person or entity including accessing or using the services provided on this Website.
The term We, Us, Our, I, My, Mine shall mean www.akashsrivastavaseo.com
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Website if you are not competent to contract under the Indian Contract Act, 1872 and any other applicable laws, rules and regulations.
This Agreement shall continue to be in full force and effect as long as you access and use the Website.
Either You or We may terminate the agreement at any time, with or without cause. However, We reserves the right, in our sole discretion, to terminate your access to the products and services offered on the Website or any portion thereof at any time, without notice.
About the Website (Akash Srivastava)
Akash Srivastava is an SEO Expert, Consultant & Blogger. He helps people create or revise their SEO plan, implement it and monitor results. You can hire him solely for consulting or to do everything. Know more about him here.
The website contains detailed information about what he does, the services he offers, the pricing and work plan.
To avail the services that we offer, there is no registration required. You can either leave a message for us on the Contact us section along with your name, contact number and email address and we will get in touch with you.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this documents and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
The usage of this website is free of cost and this includes the browsing of the site and the use of certain services. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
Mode Of Payment
The following payment options are available on the Website:
a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
b) Netbanking/Direct Debit payments from select banks in India. A list of banks is available at the time of checkout.
You understand and agree that generally, I will not refund any payment once you accept our offer and I provide my service to you. In certain instances, refunds may only be issued purely at my exclusive discretion and determination.
Transactions on the Website are secure and protected. Any information you enter when transacting with the Website is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
You are a restricted user of this website.
You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
You agree not to download any file without obtaining our prior permission.
In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.
Further, You undertake not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Post any file that infringes the copyright, patent or trademark of other legal entities.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Create liability for Us or cause us to lose (in whole or in part) the services of our internet service provider (ISP) or other suppliers;
Suspension Of User Access And Activity
Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/ or activity to any user and/or refuse to provide user with access to the Site, temporarily or permanently
If the User is in breach any of the terms and conditions of this Agreement;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If your actions may cause any harm, damage or loss to the other users or to us.
Indemnity And Limitations
You agree to defend, indemnify and hold harmless us, our employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorneys fees, caused by or arising out of claims based upon the use of Users actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Users infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the users transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall we be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
We assume no liability or responsibility for damage or injury to persons or property arising from any service, information, idea, or instruction contained on the site or in any materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of any service and site. We are no way liable for the misuse of our product or service by you.
The materials appearing on our website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its web site are accurate, complete, or current or suitable for a particular purpose.We may make changes to the materials contained on its web site at any time as and when appropriate, without any notice.
Disclaimer Of Warranties And Liabilities
Except as otherwise expressly stated with respect to our products, all contents of the site are offered on an â€œas isâ€ basis without any warranty whatsoever either express or implied. We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
While we try our best to ensure the following, we make no warranties that our products or services will be provided in a timely and secure manner, or without errors or defects, or that our products or services will not infringe on the intellectual property or proprietary rights of any third party. We do not warrant that the results obtained from your use of the products or services provided by us will meet your expectations.
We do not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
We welcome your suggestions and comments regarding your experience using our Website. Any comments, ideas, suggestions, initiation, or any other content you contribute to this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by us will not infringe upon or violate the rights of any third party.
Dispute Resolution And Jurisdiction
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, AkashSrivastava reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. However, the parties in good faith will attempt to bind by the decision.
Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in Gonda, Uttar Pradesh. The mode of appointment of the arbitrators is as provided above.
In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Gonda, Uttar Pradesh. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Gonda, Uttar Pradesh, India, and you hereby submit to the personal jurisdiction of such courts.
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
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Shiv Nagar, Imiliya Gurudayal, Gonda, UP, India – 271002