This document records the terms and conditions that apply to the access and use of the website “https://hermoneytalks.com” (website and all related platforms) to be collectively referred to as "Platform"), (hereinafter to be referred to as "HerMoneyTalks" or “We” or “Us").
The Terms are deemed ‘electronic records’ under information technology laws and various rules thereunder, as applicable and amended from time to time. The Terms are generated by a computer system and do not require any physical or digital signatures.
You accept these Terms when You visit the Platform, sign up for, access, or use any of our services, including but not limited to features, technologies or functions offered on our Platform including products and services (collectively referred to as “Services”). For the avoidance of doubt, Services excludes products, services offered by and/or on behalf of third-party service providers, via the Platform.
You understand and agree that HerMoneyTalks will treat Your use of the Services as acceptance of the Terms from such point of usage. You shall not use the Services and/or visit the Platform if You do not accept the Terms.
In order to use the Services, You need to register on the Platform and provide Us with accurate information as requested by Us and ensure that such information is complete and updated at all times, in all aspects.
HerMoneyTalks reserves the right to suspend any account, block any User from accessing the Platform and/or availing any Service if it determines that any part of the information provided by the User contains incorrect and/or erroneous information and/or is in any other manner a violation of the Terms.
For using specific Services as well as third-party products and services, certain additional terms and conditions may apply. Please read such additional terms and conditions carefully before accepting them.
You shall be solely responsible for maintaining the confidentiality of Your password and login ID that allows You to access the Platform. You shall be responsible for all activities that occur through the use of Your account or password. You shall intimate HerMoneyTalks immediately of any suspected or actual unauthorized use of Your account.
HerMoneyTalks shall not be liable for any unauthorized use or access of Your account including any loss that might be caused to You by such unauthorised access.
Proprietary Rights and Platform Access
You acknowledge and agree that HerMoneyTalks owns all rights, title and interest in and to the Services and the Platform, including any intellectual property rights (whether registered or not) which subsist in the Services and the Platform. You further acknowledge that the Services may contain information which is designated confidential by HerMoneyTalks and that You shall not disclose such information without HerMoneyTalks’ prior written consent.
HerMoneyTalks grants You a limited license to access and make personal use of the Platform and the Services. This license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services and/or the Platform. You do not have the right to use any of HerMoneyTalks’ trade names, trademarks, service marks, logos, domain names, and/or other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You agree at all times not to: (a) copy or transmit any of the contents of the Platform;(b) use this Platform or its contents for any commercial purpose; or (c) make any speculative, false, or fraudulent transaction by using the Services and/or the Platform.
You shall not use any "deep-link", "page-scrape", "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 Platform or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any of its content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to take suitable action including barring any such activity and any User who performs or attempts to perform such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services (including any third-party products and services) offered on or through the Platform, by hacking, password mining or any other illegitimate, illegal means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You shall not reverse look-up, trace or seek to trace any information on any other User on the Platform, including any account on the Platform not owned by You, to its source, or exploit the Platform or information made available or offered by or through the Platform in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
You shall not misrepresent, conceal Your identity or otherwise manipulate identifiers to disguise the origin of any communication that You may send to us on or through the Platform. You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You agree and acknowledge that for You to undertake any financial transaction, avail of the Services and/or any third-party products and services through the Platform, HerMoneyTalks and/or its partner financial institutions, vendors, service providers, business partners, agents or any other third party may undertake customer due diligence measures and seek mandatory information required for Know-Your- Customer (“KYC”) purposes, as mandated by the Reserve Bank of India and/or appropriate authorities.
The Platform may use third-party Service Providers to monitor and analyze the use of our Service and performance of the Platform.
By making use of the Platform, and furnishing Your personal and contact details, You hereby confirm that You are interested in the Services, third-party products or services, offers, campaigns etc. that HerMoneyTalks may offer/provide/share/send to You from time to time through any means including but not limited to telephone, SMS(short messaging service), electronic mail (e-mail), WhatsApp or any other communication service/mobile application or any other physical, electronic or digital means or mode.
This may be for the purpose of gauging Your interest in the Services, third-party products or services and/or to fulfil Your request(s), complete Your application(s) and for customer servicing. This includes follow-up calls as well as calls pertaining to similar Services and/or third-party products and services. You agree and consent to receive communications relating to all of the above on Your phone/mobile number as provided by You on the Platform and expressly waive any registration or preference made under DND/NCPR list under applicable laws, including TRAI regulations.
Arrangement with Third-Party Service Providers
HerMoneyTalks has entered into contractual arrangements with third-party service providers in accordance with which such third parties may provide their services and products to the Users via the Platform.
You agree and understand that under such an arrangement with third-party service providers, HerMoneyTalks shall be acting as a referrer, whose role shall be limited to introducing, referring and directing the Users to the third-party service provider, post which Users will provide specific details on the Platform, as requested by the third party. Once Customers have been referred by HerMoneyTalks, Customers are solely responsible for any and all services and/or products availed by them from third-parties.
Neither HerMoneyTalks nor any of its employees, agents, principals, or representatives can vouch for the authenticity, genuineness, transparency, security of third-party service providers or provide the User with any representation, assurance or warranty (express or implied) in relation to the same. Your interaction with any third-party accessed through the Platform is at Your own risk, and HerMoneyTalks will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third-parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with such third-parties. We suggest that Users study all applicable terms and conditions and carry out their due-diligence before entering into any contractual arrangement(s) with such third-party service provider(s).
All processes including RBI mandated Know-Your-Customer (“KYC”) process for such third-party products and services will be executed by the said third-party service provider directly with Users and HerMoneyTalks will not incur any responsibility or liability for the same.
It is clarified that HerMoneyTalks is not the provider of the products and services offered by such third-parties and is only a facilitator for their services and products and therefore in the event of any dispute whatsoever, it shall not assume any responsibility.
Indemnification, Limitation of Liability and Disclaimers
You agree to indemnify and hold HerMoneyTalks (and its officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, arising out of or related to Your breach of the Terms, Your violation of any law or the rights of a third party, or Your use of the Platform and/or the Services, any dispute or litigation caused by Your actions or omissions, and any negligence and/or fraud committed by You.
Notwithstanding anything to the contrary, HerMoneyTalks (including its officers, directors, employees, representatives, affiliates, group companies and providers) will not be responsible or liable for:
*any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation; lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that may arise out of or be in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Platform including the Services), or (ii) any use of the Platform or content, or (iii) the performance or non-performance by Us or any provider, even if We have been advised of the possibility of damages to You or any other party, or
* any damages to or viruses that may infect Your device or other property as the result of Your access to the Platform or Your downloading of any content from the Platform. The Platform may provide links to other third-party platforms. However, since HerMoneyTalks has no control over such third-party platforms, You acknowledge and agree that HerMoneyTalks is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party platforms.
The Platform and all content and Services including the Products provided on the Platform are provided on an "as is" and “as available” basis. HerMoneyTalks expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. HerMoneyTalks makes no warranty, and expressly disclaims any obligation, that:
* the content will be up to-date, complete, comprehensive, accurate or applicable to Your circumstances;
* The Platform and/or Services will meet Your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
* the results that may be obtained from the use of the Platform or any Services offered through the Platform will be accurate or reliable; or
* the quality of any products, Services (including any third-party services), information, or other material obtained by You through the Platform will meet Your expectations.
Any content aimed for providing general awareness does not constitute investment advice or endorsement or solicitation of any kind by HerMoneyTalks. Such contents and/or information are derived from publicly available sources and HerMoneyTalks cannot verify or confirm the genuineness, authenticity or veracity of such information.
Use of the payment facilities provided by the Platform shall not render the Platform liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products or services listed on the Platform. The Platform shall not be responsible for any damages, interests or claims arising from not processing a transaction.
In addition to the above, all disclaimers specified under the terms and conditions of specific Services shall be deemed to made applicable to the Terms and shall be considered part of these Terms.
If you wish to purchase any product or service available on the Platform through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The Platform reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
The Platform reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Contests and Promotions
Subscriptions and Memberships
Some of Services offered by the Platform are billed on a monthly / quarterly / annual subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will not automatically renew. You may cancel your Subscription either through your online account management page or by contacting firstname.lastname@example.org customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide the Platform with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize the Platform to charge all Subscription fees incurred through your account to any such payment instruments.
Should billing fail to occur for any reason, the Platform reserves the right to terminate your access to the Service with immediate effect.
The Platform may offer a Subscription with a free trial for a limited period of time ("Free Trial") at its sole discretion. But you may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, the Platform reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
It is the sole discretion of the Platform at any time, to modify any Subscription fees, Service fee, or Product fee. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
The Platform will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds and Cancellation
Once a service or product is purchased, it is non refundable unless specified from case to case. The Platform do not issue refunds or cancellation for Contracts.
Violation of Terms
We reserve the right, in our sole and absolute discretion, to suspend or terminate Your use of one or more HerMoneyTalks Services and/or products and third-party products and services, without notice and without liability to You or any third party, for any reason, including without limitation inactivity or violation of the Terms and other applicable policies that We may publish from time to time.
You understand and accept that if You engage in any of the following activities and/or You host, display, upload, modify, publish, transmit, store, update or share any information on/via the Platform that:
* belongs to another person or entity and to which You do not have any right;
* is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever;
* is misleading in any manner;
* involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or “spamming";
* infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number);
* impersonates another person or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
* tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users of the Platform;
* engages in commercial activities without HerMoneyTalks’ prior written consent such as engaging in contests, sweepstakes, barter, advertising etc;
* interferes with another User’s use of the Platform;
* refers to any website or URL that, in HerMoneyTalks’ sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
* deceives or misleads the addressee/ Users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
* contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information;
* 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
* is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and/or
* violates any law for the time being in force,
such activity shall be considered as violation of the Terms. Any suspected fraudulent, abusive or illegal activity may be referred to the appropriate law enforcement authorities. These remedies are in addition to any other remedies that HerMoneyTalks may have at law or in equity.
Modification and Amendment of the Terms
HerMoneyTalks reserves the right to discontinue or suspend, temporarily or permanently, the Services including ancillary services, by giving a reasonable time-period notice, on a best effort basis, unless it is merely to change certain features or contents of the Services and/or Platform or maintain the security and integrity of the Services, in which case no prior notice shall be required. You agree that Company will not be liable to You in any manner whatsoever for any modification or discontinuance of the Services.
Proprietary Rights and Platform Access
HerMoneyTalks from time to time, shall organise/ host events on/via its Platform, in which Users can participate with their video switched on or off, depending upon the User convenience, the nature of the event, and the technical capabilities of the Platform. You understand and accept that participation in such events on the Platform, shall be treated as Your irrevocable acceptance and authorisation to HerMoneyTalks to use Your photo, video, audio (any or all) for HerMoneyTalks’ promotional and/or marketing activities, in the manner HerMoneyTalks deems fit and proper. Further, the content (spoken, written or otherwise)posted/disseminated by You during, before or after such an event or at any time on the Platform may also be used for this purpose. The same shall be considered as “User Content”.
You hereby accept and grant HerMoneyTalks, a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that you post or that You otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (i) the User Content is accurate; (ii) use of the User Content, posted by You on the Platform does not breach these Terms; and (iii) that such User Content is lawful in nature.
No compensation of any kind shall be payable by HerMoneyTalks to You in relation to any use by HerMoneyTalks of such User Content for its promotional and/or marketing purposes.
Entire Agreement: The Terms constitute an entire, valid and binding agreement between You and HerMoneyTalks and govern Your access and use of the Platform.
Advertisement: HerMoneyTalks shall have the right to place advertisements and publicity materials of its choice, including and pertaining to parties other than itself, for commercial use through electronic means on the Platform. The same shall not be construed as HerMoneyTalks’ endorsement for such product or service being advertised.
Binding Nature: The Terms shall be binding upon You (and your successors-in-interest) and HerMoneyTalks (and its successors and permitted assigns).
Severability: If one or more of the provisions contained in these Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.
Assignment: You may not assign or sub-license, without the prior written consent of HerMoneyTalks , the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. HerMoneyTalks may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates.
Jurisdiction: You and HerMoneyTalks agree that all claims, matters and disputes are subject to the exclusive jurisdiction of the competent courts in Kerala only.