Terms & Conditions
This Platform is created and operated by M/s. Smiling Starz Welltech & Edutech Platform LLP, (hereinafter referred to as “We”, “Our”, and “Us”) having its registered address at “B 1302, DB Woods CHS Ltd, Krishna Vatika Marg, Gokuldham, Goregaon (East), Mumbai – 400063” and operating under the brand name “The Smiling Souls” (“Brand Name”). We intend to ensure your steady commitment to the usage of this Platform and the services provided by us through our Platform “www.thesmilingsouls.com”.
The Platform is an online activity platform for the members of the platform who have subscribed to the membership to choose the activities they wish to participate in. The curated video conferencing platform is customized to suit the needs of the target group.
The role of the Platform is to offer ‘Happiness & Wellness’ global engagement platform for senior citizens & specially-abled individuals.
- We finely integrate technology & human connect to curate unique experiences & benefit virtually & in person.
- We thus create continual opportunities for inclusion, social bonding, empowerment, dignity, care, and convenience for our Seniors & Specials.
Registration on the Platform is mandatory for Users of the Platform. The Users can register by providing the following information:
Phone Number (Mandatory)
Pin Code (Mandatory)
Date of Birth (Mandatory)
Email ID (Optional)
- You shall not use the Platform if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
For making all payments for services on the Platform, you shall be required to make payment for which you will be redirected to a third-party payment gateway that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
REFUND & CANCELLATION POLICY OF MEMBERSHIP PLANS
Any member can cancel their Membership at any given time on the Platform. However, the following should be taken into consideration while cancelling the Membership Plan:
- The Smiling Souls policy allows its members to cancel their Membership at any given time; however, NO REFUND will be given, once the payment has already been made. Thereby, a member is not eligible for any refund at all, in any case whatsoever, including refund for unutilised activities.
- If cancellation is made before the expiry of the Membership plan, then such Membership will remain active until the end of the term of Membership and will be cancelled automatically after that.
- In case, the Membership is not renewed after the validity period ends, then you are not eligible to book any new activities.
- All activities credits of a member will be lost once the membership is cancelled or expired, after the end of subscription period.
- Even if a member chooses to renew your subscription at a later date, no activity credits will roll over.
- After the expiration or cancellation of membership, a member will not get any credits for Refer & Earn.
- The Membership will remain active until the end of the Membership period if a member chooses to re-join any of the Membership plans.
- After the expiry/cancellation of the Membership, a member can still explore the sections of the platform which are open for exploration.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.
All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platform and whilst feedback and comments by You can be made via the Platform, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, and modify any content without written permission from Us.
- Your use of the Platform,
- Your violation of any rights of another;
- Your conduct in connection with the Platform;
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Platform and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
- We are not responsible for any consequences arising out of the following events:
- If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If you have fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the Services managed by Us;
- If there is a failure in the functioning of any other service provided by Us.
- The Platform(accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Platform or any service availed of by Us through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Platform.
- To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
- You may terminate your use of the Platform at any time.
- Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
- It is also hereby declared that we may discontinue the Services and Platforms without any prior notice.
- We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Platform, or any portion thereof, at any time, without notice or cause.
- We also reserve the universal right to deny access to You, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other Users to the Platform.
- We reserve the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this Platform and providing Your identity and contact information to Us through the Platform, You agree and consent to receive e-mails, whatsapp, calls, social media platforms(Mention names if req.), mails/couriers or SMS from Us and/or any of its representatives at any time.
You can report to “email@example.com” if you find any discrepancy with regard to Platform or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledges that you are a restricted user of this Platform and you:
- Agree to provide genuine credentials during the process whenever required on the Platform. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
- Agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date.
- You agree that You are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Platform.
- Authorize the Platform to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission.
- Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive content on the Platform.
- Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Platform, at our sole discretion.(Make it more explicit)
You further undertake not to:
- Engage in any activity that interferes with or disrupts access to the Platform or the services provided therein (or the servers and networks which are connected to the Platform);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- 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. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
- Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Platform;
- You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- By indicating Your acceptance to use any services offered on the Platform, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
- You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
- You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the order and debar You from using the Platform without prior intimation whatsoever.
- You agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which you have no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, religiously objectionable, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, religiously objectionable, 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;
- 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.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:
- If you have provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
TERMS AND CONDITIONS FOR BUSINESS ASSOCIATE/VOLUNTEER
You can register with us as a Business Associate/ Volunteer in order to assist us in expanding our community/ ecosystem among our target audience. You can convey your intention to join us by sending us an email at [EMAIL]. You will receive a confirmation from us with the terms of engagement. Your engagement with us is confirmed only after receiving an express written confirmation from our end and in addition to the terms and conditions mentioned in the email, you will be bound by the following Terms and Conditions.
- You shall not directly or indirectly solicit or entice away from us any person/personnel who, at the relevant time, is employed by or in business with us, whether or not that person would commit a breach of contract by reason of leaving during the term of this Agreement and for a period of 1 (one) year after the termination or expiry of this Agreement.
- You should be reasonably familiar with the technical terminology conventional to Services offered by us in general, and shall possess reasonable knowledge concerning the Services and their specifications.
- You shall be familiar with information concerning the Services so that they are in a position to respond to consumer questions or comments concerning methods of setting up the Service so as to maximize performance, including special adjustments which may be made to satisfy particular requirements and necessary precautions for prolonging the useful life of the Service and to recommend other Service which will be most compatible and have interface with the Service.
- No monetary deal shall be done by you, all the transactions regarding services shall be done on The Smiling Souls platform only.
- We specifically disclaim any representation or warranty regarding:
- The amount of revenue that You may receive under or in connection with this agreement; and
- Any economic or other benefit that Volunteer/ Business Associate might obtain through its participation in this agreement. We will not be liable for lost profits, lost revenue, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this agreement, regardless of the theory of liability (including negligence), even if it has been advised of the possibility of such damages.
TERMS AND CONDITIONS FOR SPECIALIST/ EXPERT
- These terms and conditions apply to all agreements made by us for the engagement of one or more SPECIALIST/ EXPERT. You undertake to prepare and deliver Presentation at the Session or for the Webinar in accordance with the Terms issued by us.
- You agree: (i) to be present at the specified Session, which the exact date and time of your presentation will be shared with you through electronic communication; (ii) to let us record your session and make it available to Session participants, our members, or the general public either at no additional cost or for a fee; (iii) that we can add your name, topic, and short biography to the Site or any marketing materials; and (iv) to share a minimum of three (3) dedicated solicitations to your database on the dates outlined and selected in the Form
- You undertake to submit the Content to us for approval within the timeframe set out by us. You accept that time is of the essence in relation to the delivery of the Content.
- You warrants that the content: (a) materially conforms to the theme of the session; (b) is written, developed, and prepared with the skill, care, and ability of someone of your caliber in your field of expertise; (c) is of a high standard and reasonably suitable for the our members or audience to whom it is addressed; and (d) does not contain anything which is illegal, blasphemous, defamatory, indecent, or which infringes the statutory or common law rights of any third parties including any Intellectual Property Rights.
- We take no responsibility for the Content, relying on you to write and construct this as appropriate. You may, however, on reviewing the Content (if we choose to do so), request that you make changes to the Content, including editing, adapting, and / or altering the Content in other ways so that the Content may be suitable for delivery at the Session or as a Webinar as the case may be. We shall endeavour to provide you with sufficient notice and reasons for the requested changes; and shall take your views into account wherever possible.
- You shall own the copyright in all materials provided for, or created by you at the Session except for materials specifically created solely for our use or materials incorporating our intellectual property. To the extent you provide your intellectual property to us for use in the Session, you grant a nonexclusive, worldwide, royalty free license to use, reproduce, and distribute the intellectual property in connection with the Session;
- You grant us and our agents, licensees, members, and employees a royalty-free, perpetual license to publish, reproduce or otherwise use your name, picture, likeness, comments, voice for any lawful purpose in all media in connection with the Session;
- You are knowingly and voluntarily taking part in the activities for which your image is being captured and understands the associated requirements;
- You release and waive any and all claims, damages, losses and expenses as a result of, or arising from, their participation;
- To the best of your knowledge, your presentation does not violate any proprietary or personal rights of others (including, but not limited to, any copyright, trademark, or privacy rights), is factually accurate, and contains nothing defamatory or otherwise unlawful or inappropriate;
- You have obtained all necessary licenses and permissions for any third party intellectual property including, but not limited to, music, video or other media shown as part of the Your presentation.
- You shall conduct Yourself in a professional and civil manner and in accordance with our Code of Ethics.
INTELLECTUAL PROPERTY RIGHTS
You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Platform through which You can communicate with other users and the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- You further agree and undertake that you are accessing the Platform at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.
- You agree that any kind of information, resources, activities, recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
- We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Platform.
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
In the event of any dispute arising out of or in connection with this agreement, including any dispute relating to the validity of this agreement, the parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.
In the event the parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Mumbai, Maharashtra, India.
Even if the user is from outside India, Jurisdiction would be in Mumbai, Maharashtra, India.
M/s. Smiling Starz Welltech & Edutech Platform LLP,
B 1302, DB Woods CHS Ltd, Krishna Vatika Marg ,
Gokuldham, Goregaon (East),
Mumbai – 400063