Terms of Use

1. Terms

Welcome to www.sohamwithin.com. Please read these Terms of Use carefully. This website, www.sohamwithin.com (“Website”), and the domain name are owned and controlled by Onemedia Network Limited. By accessing, downloading, or using the Website and/or any related mobile or software applications (collectively the “Sites”), accessing or using the data, content, information, services, features, or resources available through the Sites, including but not limited to the delivery of information through the Sites whether existing now or in the future, you agree to be bound by these Terms of Use, all applicable laws and regulations, and that you are responsible for compliance with any applicable local laws. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by these Terms of Use, you may not access or use the Service. Please note that these Terms of Use are subject to amendment(s) by SOHAM at its sole discretion at any time without prior intimation to the User (“Updated Terms”).

2. Registration

1. To access some features of the Service, you are required to create an Account. You are expressly denied from using another person’s or entity’s Account. When creating the Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and must not transfer or assign your Account, username, or any account rights.

2. When you sign up to become a User, you may also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important to protect it against unauthorized access by choosing your password carefully and keeping your password and computer secure by signing out after using our Services.

3. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information as needed to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account.

4. You agree not to use the account, username, email address, or password of another user at any time or to disclose your password to any third party. If you share this information with third parties, you are responsible for all actions taken with your login information and password, whether or not you know about them. If your password has been compromised for any reason, you should immediately change it. Notify us immediately if you suspect any unauthorized use of your account or access to your password even after changing it.

5. SOHAM is not responsible for any loss of password or the consequences thereof. Notify SOHAM immediately of any breach of security or unauthorized use of your Account. You agree not to create an Account using a false identity or alias or if you have been banned from using any of the Service. You also agree not to maintain more than one Account at any given time. SOHAM reserves the right to remove or reclaim usernames at any time and for any reason without assigning any reason. You acknowledge that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of SOHAM.

3. Use of Service, Contents, Information, and Material

1. The Services are offered only in countries where they may be lawfully offered by SOHAM. SOHAM retains the absolute right to determine eligibility for use and/or subscription to any of the Service.

2. The Service, contents, information, and materials presented on the Sites are for educational and informational purposes only. The Service and any other information you learn from the Sites are not intended to diagnose, prevent, or treat any condition or disease, ascertain the state of your health, or substitute for professional medical care. Not all activities described on the Services are suitable for everyone. If you are currently being treated by a physician or other healthcare practitioner, consult with that provider before changing or modifying any treatment program.

3. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Service.

4. During your visit to the Sites, you may download the material displayed for personal use only, provided you retain all intellectual property legends contained in the materials, if any. We do not warrant that your use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with SOHAM. Use of the materials for public display, reproduction, or copying for commercial purposes, and unwarranted modification of data and information within the content of the Sites are not permitted.

5. SOHAM may store information provided by you during the registration process and may provide aggregate statistical information about users to third parties. SOHAM may use the information provided by you to inform you about other publications, products, and services. However, no one other than SOHAM and its affiliates will receive your personal information without your consent.

6. We have the right to remove or edit any information that violates or is alleged to violate any applicable law or these Terms of Use. YOU REMAIN SOLELY RESPONSIBLE FOR THE INFORMATION YOU PROVIDE.

7. Rights granted to you shall automatically terminate if you violate any of these restrictions and may be terminated by SOHAM at any time. Upon termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

4. Eligibility

1. You may use the Services only if you are 18 years or older and are not barred from using the services under applicable law. Users under 18 may utilize the Service only with the involvement and consent of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms.

2. You declare, represent, and warrant that you are competent and eligible to enter into legally binding agreements and have the requisite authority to bind to these Terms of Use, as determined solely by the provisions of the Indian Contract Act, 1872. You may not use the Sites if you are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.

3. If you violate any of these Terms, or violate an agreement entered into through the medium of the Website, SOHAM may prohibit you from using or accessing the Website at any time in its sole discretion, with or without notice, including if it believes that you are not competent and eligible to enter into legally binding agreements.

5. Conditions

1. You may download the contents and material displayed for personal use only, provided you retain all intellectual property legends contained in the materials, if any. The materials within our Sites are provided on an ‘as is’ basis. SOHAM makes no warranties, expressed or implied, and disclaims all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

2. SOHAM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or otherwise relating to such materials or on any sites linked to our Sites.

6. Intellectual Property

1. The intellectual property content and information contained within our Sites and the Service, or delivered to you in connection with the use of our Sites, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features, and the like (collectively “IP Content”) and the trademarks, trade names, service marks, and logos contained therein (“Marks”) are the property of SOHAM or licensed to SOHAM, subject to copyright and other intellectual property rights under applicable laws and international conventions. SOHAM reserves all rights not expressly granted in and to the Service and IP Content. You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any IP Content without the express prior written consent of the respective owners or SOHAM, as the case may be. If you download or print a copy of IP Content for personal and non-commercial use, you must retain all copyright and other proprietary notices contained therein. SOHAM shall have the right to name you as a co-plaintiff in any potential infringement proceedings in connection with any violation of IP Content. Nothing contained on our Sites should be construed as granting any license or right to use any IP Content displayed on our Website. We retain all proprietary rights on our Sites. Users are prohibited from using the same without the written permission of SOHAM or other third parties.

2. The Sites contain copyright materials derived from content available online, and we do not claim any ownership of the said copyright materials. The said copyright materials are used under the Fair Use law. If you feel you are the owner of any copyright materials contained in our Sites, please contact us and provide a justification for your claim. Once the claim has been verified, we will make every effort to comply with your request.

7. Confidentiality

1. You acknowledge that the Sites may contain information designated as confidential by us and that you shall not disclose such information without our prior written consent.

2. Your information is regarded as confidential and will not be divulged to any third party except as set forth in this and any other term of use applicable to our Sites.

3. You will not, directly or indirectly, disclose information regarding the Services or the software, including the name of the software tool, the features or benefits of the software, screenshots, or any other related content or information, to any third party in any media or manner, and will hold all such information in confidence, subject to any disclosure required by law, court order, or by any government or regulatory authority. You shall not make any public announcement, press release, or communication concerning these Terms without the prior express written consent of SOHAM.

8. Limitations

1. Neither SOHAM nor its affiliated entities

, subsidiaries, officers, directors, employees, or related parties shall have any liability to you or any third party for any indirect, incidental, special, exemplary, or consequential damages or any loss including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage, or system failure arising out of or in connection with these terms or from the use of or inability to use the Sites, Services, products, or contents, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not SOHAM has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

2. To the maximum extent permitted by law, you waive, release, discharge, and hold harmless SOHAM, its affiliated entities, and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses, and causes of action arising out of your use or inability to use the Sites or in any way connected with your use of the Service.

9. Accuracy of Materials

1. The materials appearing on our Sites could include technical, typographical, photographic, or other errors. SOHAM does not warrant that any of the materials on our Sites are accurate, complete, or current. SOHAM may make changes to the materials contained on our Website at any time without notice. However, SOHAM does not make any commitment to update the materials.

10. Links

1. Our Sites may contain links to other websites. SOHAM is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. If you decide to leave our Sites and access these third-party websites/applications, you do so at your own risk.

11. Non-Transferable

1. Your right to use the Sites is not transferable. Any password or right given to you to obtain information, content, documents, or messages is not transferable. Any violation will be considered a breach of these Terms and may result in immediate account termination.

12. No Warranty

1. THE SERVICES AND CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITES MAY CONTAIN DEFECTS, BUGS, INOPERABLE FEATURES, ERRORS, OR INCOMPLETE CODE. You assume total responsibility and risk for your use of the Service. SOHAM does not guarantee that the Service or Contents will be uninterrupted or error-free; it is provided on an “as available” basis. SOHAM and its affiliates do not warrant the accuracy, timeliness, truthfulness, completeness, or reliability of the contents and information available through the Service.

13. Indemnification

1. You agree to indemnify, save, and hold SOHAM, its affiliates, contractors, employees, officers, directors, agents, and its third-party associates, licensors, and partners harmless from any and all claims, losses, damages, liabilities, costs, and expenses, including without limitation legal fees and expenses, arising out of or related to your use, inability to use, or misuse of the services or the Sites, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. SOHAM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SOHAM, including rights to settle, and you agree to cooperate with SOHAM’s defense and settlement of these claims. SOHAM will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

14. Modifications

1. SOHAM may revise these Terms of Use at any time without notice. By using the Sites, you agree to be bound by the current version of these terms of use. In case of dispute with any party, our decision will be binding and final.

15. Severability

1. If any provision of these Terms of Use is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of these Terms of Use shall remain valid and enforceable according to its terms.

16. Special Rights for European Citizens/Data Subjects

1. The Privacy Policy shall supersede any contrary terms specified in these Terms of Use.

17. Privacy Policy

1. Our Privacy Policy (https://www.sohamwithin.com/privacy-policy/), which may change from time to time, is an integral part of these Terms of Use and shall be read along with these Terms of Use.

18. Suggestions, Complaints, and Disputes

Suggestions and complaints should be first addressed to Customer Support at soham.onepmc@gmail.com.

19. Governing Law

Your use of this Website and any Terms and Conditions are subject to the laws of India. In case of any disputes arising out of the use of the Sites, the courts of New Delhi, Delhi, will have exclusive jurisdiction.

20. Interpretation

In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including,” “include,” “in particular,” “for example,” or any similar expression shall be construed as illustrative only and shall not limit the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and vice versa.