TERMS & CONDITIONS

Welcome to www.harshubh.com (“Website”), operated by Harshubh Mahesh Shah (“HMS” “we,” “us,” or “our”). This Website provides educational and informational content in the field of financial literacy and financial awareness.

 

By accessing, browsing, or using the Website, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms of Use (hereinafter referred to as “Terms”), along with all applicable laws, regulations, and Website policies, including but not limited to the Privacy Policy, Payment and Refund Policy available on the Website at www.harshubh.com. 

 

By using the Website, you represent and warrant that you are at least 18 (Eighteen) years of age or have the legal capacity to enter into binding contracts under applicable laws. If you are using the Website on behalf of an entity, you represent that you have the authority to bind such entity to these Terms.

 

Your continued access to or use of the Website constitutes your acceptance of these Terms and any amendments or modifications made by HMS from time to time. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Website.

 

HMS reserves the right, at its sole discretion, to amend, modify, add, or remove portions of these Terms at any time without prior notice. Such changes shall become effective immediately upon being posted on the Website. It is the User’s responsibility to review the Terms periodically for any updates. Your continued use of the Website following the posting of changes signifies your acceptance of the revised Terms.

 

By clicking “Accept,” “Agree,” or any similar button or checkbox during the use of the Website, or by otherwise indicating your acceptance of these Terms through electronic means, you agree to be legally bound by these Terms and to comply with all applicable provisions herein.

HMS reserves the right to deny or restrict access to the Website or terminate your Account at any time if you are found to be in violation of these Terms or if required by applicable laws or regulatory authorities.

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DEFINITIONS AND INTERPRETATIONS

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For the purpose of these Terms, the following definitions shall apply:

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1. “User(s)”/ “you”/ “your” refers to any Person who accesses, interacts with, or uses the Website for any purpose, including but not limited to obtaining information, making inquiries, or purchasing courses or accessing social media. Users may be classified as (i) “Visitor(s)”: Persons who access the Website for informational purposes without registering an account or making purchases for course; (ii) “Registered User(s)”: Persons who registered as a member on the Website and shall engage in account registration, transactions, access additional services, or purchase and the access of the courses through the Website. 
    

2. “Person(s)” shall mean and include any natural person, corporation, HMS, partnership, limited liability partnership, trust, association, governmental authority, or any other entity, whether incorporated or not, capable of being subject to legal rights and obligations under applicable law. 
    

3. “Account” refers to the registration of a Registered User as a member on the Website to access courses offered by HMS. To create an Account, the Registered User may be required to provide certain Personal Information (as defined in the Privacy Policy), including but not limited to their name, email address, contact details, and any other details deemed necessary by HMS. The Account enables the User to manage preferences, complete transactions, and interact with HMS’s Services in accordance with these Terms.
    

4. “Service(s)” shall mean all services provided by HMS through the Website, including but not limited to, the online platforms, financial courses, customer support, promotional offers, newsletters, access to information and content on the Website and/or on Instagram and YouTube, and any other services, features, or functionalities made available by HMS from time to time. The scope of Services may vary for Visitors and Registered Users and may be subject to additional terms and conditions, as specified on the Website or in separate agreements.
   
   
    

VISITORS:
 

1. Visitors may access and browse the Website solely for informational purposes. By accessing the Website, Visitors agree to comply with these Terms and any applicable policies, including but not limited to HMS’s Privacy Policy, as available on the Website and accessible at https://www.harshubh.com/privacy-policy . Visitors shall be responsible for ensuring that their access to and use of the Website is lawful and does not violate any applicable laws, regulations, or third-party rights.
    

2. Visitors acknowledge and agree that certain features, services, and functionalities of the Website may only be available to Registered Users. Visitors shall not attempt to access or use features restricted to Registered Users, including but not limited to courses, accessing personalized services, or participating in promotions or offers.
    

3. Visitors are not permitted to engage in any commercial transactions through the Website. Any attempt to make purchases, place orders, or enter into contractual relationships via the Website without a Registered User account shall be considered a violation of these Terms. Visitors interested in accessing transactional services must have a valid Account.
    

4. If a Visitor wishes to make an inquiry through the Website, they must submit their Personal Information, including their full name, email address, phone number, state, city, and pin code of residence, description and other related information. Additionally, Visitors may provide optional information such as how they heard about HMS and any additional comments or specific queries. By submitting an inquiry, Visitors consent to the collection, processing, and use of their Personal Information in accordance with HMS’s Privacy Policy. HMS may use this information to respond to inquiries, provide relevant information, or offer personalized assistance to Visitors.
   
    

 

REGISTERED USERS:

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1. Any User can become a Registered User by creating an Account to access the courses offered by HMS. Upon registration, the User can review the course manual to identify their specific requirements.
    

2. Upon reviewing of the course manual, User shall create an Account with HMS. Upon successfully payment for the course as mentioned under Payment and Refund Policy, User will be considered to be the Registered User and will be provided with Account credentials, including a unique username and password or any other access mechanism as determined by HMS.
    

3. By accessing or using the Account for the courses, the Registered User expressly acknowledges and agrees to be bound by these Terms and all other applicable policies of HMS, including the Privacy Policy and Payment and Refund Policy, as may be updated from time to time. Continued use of the Account constitutes ongoing acceptance of the Terms.
    

4. HMS may, at its discretion, provide Registered Users with the ability to access specific features, or services, through their Account. Registered Users shall ensure that all information provided to HMS, including information related to their Account, is accurate, complete, and up-to-date.
    

5. HMS reserves the right to suspend or terminate the Account of any Registered User and access to the courses at its sole discretion, without notice, in circumstances including but not limited to:
   (i) Violation of these Terms or any other HMS policy;
   (ii) Engagement in fraudulent, illegal, or abusive conduct;
   (iii) Any other reason deemed appropriate by HMS.
    

6. Upon termination of the Account and/or the access to the courses, the Registered User shall lose access to all features, services, and data associated with the Account. HMS shall not be liable for any loss of data, business opportunity, or any other consequences arising from such termination.
    

7. HMS reserves the right to modify, enhance, or discontinue the courses content provided to Registered Users at any time, with or without notice. Such modifications shall not entitle the Registered User to any claim for compensation or damages.
    

8. The Registered User shall be responsible for maintaining the confidentiality of the credentials provided by HMS. As a Registered User, you are not allowed to share the credentials or allow other party(ies) to have access to your Account on the Website and exclusively the courses provided to the Registered User. You shall be solely liable and responsible for all the activities undertaken under your Account, and any consequences therefrom. The Registered User agrees that HMS shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the Website and share or allow third parties to use your Account and giving access to the courses by unfair means.
   
   
    

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GENERAL OBLIGATIONS OF THE USERS

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The User hereby agrees, undertakes, and confirms that their access to and use of the Website shall be strictly governed by the following binding principles:
 

1. The User shall not employ any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Website, courses, testimonials, social media, and other related content of the Website including but not limited to any other links. The User shall not reproduce or circumvent the navigational structure or presentation of the Website or any content, nor obtain or attempt to obtain any materials, documents, or information through any means not intentionally made available through the Website. HMS reserves the right to bar any such activity without notice.
    

2. The User shall not attempt to gain unauthorized access to any part or feature of the Website, or any other systems or networks connected to the Website, or to any server, computer, network, or to any of the services offered on or through the Website, by means including but not limited to hacking, password mining, or any other illegitimate methods.
    

3. The User shall not 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. The User shall not reverse look-up, trace, or seek to trace any information of any other User of the Website, including any account on the Website not owned by the User, nor exploit the Website or its services or information in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than their own information as provided for by the Website.
    

4. The User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, HMS’s systems or networks, or any systems or networks connected to HMS.
    

5. The User agrees not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Website or any transaction or related activity being conducted on the Website, or with any other User’s use of the Website.
    

6. The User shall not falsely pretend to be, or represent, someone else, or impersonate any other individual or entity while using the Website.
    

7. The User shall not use the Website or any of its content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of HMS or any third party.
    

8. The User shall at all times ensure full compliance with all applicable laws, including but not limited to the provisions of the Information Technology Act, 2000, and the rules framed thereunder, as well as all applicable domestic laws, rules, and regulations, as amended from time to time.

 

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ELIGIBILITY OF THE USER:

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By using the Website, you represent and warrant that:

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1. User must have full legal capacity and authority to agree and bind to these Terms;
    

2. User must be of 18 (Eighteen) years of age or above;
    

3. If the User is registering for the course or inquiring on behalf of an entity, organization, or any other legal entity, the User must possess the requisite power and authorization to legally obligate such entity, organization, or legal person to adhere to these Terms. 

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SIGN-UP:
 

1. Registered Users Account: HMS will issue unique login credentials (including but not limited to username, and password) to the Registered Users. These credentials will allow the Registered Users to access their Account and utilize the courses and other Services.
    

2. Visitors Access: Visitors can freely access the Website, and exclusively for submitting inquiries or queries solely related to the Services. To submit an inquiry, Visitors must complete the designated inquiry “Contact Us” section on the Website. 

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PAYMENTS AND REFUNDS

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1. Upon signing up an Account as member for getting access to the courses upon successfully completion of the payment terms, which is available at https://www.harshubh.com/refund-policy. 
    

2. All refunds are subject to our Payment and Refund Policy, which is available at https://www.harshubh.com/refund-policy. By using this Website and making a payment, you acknowledge and agree to comply with the terms outlined in that policy.
    

3. For any refund requests, Registered Users must adhere to the eligibility criteria, timelines, and procedures specified in the Payment and Refund Policy. HMS reserves the right to approve or reject any refund request based on the stated conditions.

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DISCLAIMER OF WARRANTIES AND LIABILITY:
 

1. HMS provides its Services using commercially reasonable skill and care; however, we do not guarantee that the Services will meet any specific expectations or that they will be entirely error-free.
    

2. No warranties, express or implied, are made regarding the accuracy, reliability, or uninterrupted availability of the Services.
    

3. To the fullest extent permitted by law, the Website or our directors, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Website.
    

4. The Website warrants that it will employ industry-standard security measures to safeguard User data. However, it does not guarantee absolute protection against unauthorized access or data breaches caused by unforeseeable events.
    

5. Warranty does not cover defects or issues arising from:
    

   1. Any unauthorized modifications or alterations to the Website by the User or any third party not expressly authorized by HMS.
       

   2. Alterations made to the Website’s code, configuration, or settings without explicit permission from HMS.
       

   3. The use of the Website in a manner inconsistent with the Terms or intended purpose as specified by the Website
       

   4. The integration of the Website with any other software, applications, or services not explicitly authorized by HMS in writing.
       

   5. Any issues arising from the use of third-party plugins, extensions, or components that have not been officially endorsed or approved by HMS.
       

   6. Force Majeure Events including but not limited to acts of nature, war, terrorism, riots, embargoes, or other unforeseen circumstances that make the performance of this warranty impossible or impractical.
       

   7. Any defects or issues arising from circumstances not reasonably foreseeable by HMS or Website at the time of entering into this warranty.
      
      
       

 

INTELLECTUAL PROPERTY RIGHTS:
 

1. All content posted on the Website, unless explicitly stated otherwise, is safeguarded by the intellectual property rights owned by HMS and constitutes to be HMS’s exclusive proprietary property. All elements comprising the source code, databases, functionality, software, website designs, application designs, audio, video, text, photographs, and graphics found on the Website, as well as the trademarks, service marks, and logos contained therein (the “Marks”), are either owned or under our control, or licensed to the HMS, and are safeguarded by copyright, trademark laws, and various other intellectual property rights.
    

2. The content and Marks presented on the Website are for informational purpose only. Except as explicitly stipulated in these Terms, no part of the Website, content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written consent. Subject to eligibility, the User is granted a limited license to access and utilize the Website, and to download or print a copy of any accessible portion of the content exclusively for personal, non-commercial use. All rights not expressly granted in and to the Website, the content, and the Marks are reserved by HMS.
   
   
    

 

INDEMNIFICATION:
 

1. User agrees to defend, indemnify, and hold HMS harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

   1. Use of the Website; 
       

   2. Breach of these Terms;
       

   3. Any breach of User representations and warranties set forth in these Terms;
       

   4. User violation of the rights of a third party, including but not limited to intellectual property rights; or
       

   5. Any harmful act toward any other User of the Website with whom you connected via the Website.
       

2. Notwithstanding the foregoing, HMS reserves the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to indemnify HMS, and the User agrees to cooperate, at its expense, with HMS’s defence of such claims. HMS will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
    

3. User hereby expressly releases HMS and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that User may have in this behalf under any statute, contract or otherwise. 
   
   
    

 

GOVERNING LAW, DISPUTE RESOLUTION AND JURISDICTION:
 

1. Any dispute, controversy, or claim arising out of or in connection with these Terms, shall be resolved in accordance with the laws of India. For the purposes of this Term, HMS and/or Website and the User shall be individually referred as “Party” and collectively referred as “Parties”.
    

2. In the event of a dispute, the Parties shall first attempt to resolve it amicably through good-faith negotiations. Both Parties shall provide written notice to the other Party outlining the nature of the dispute and their proposed resolution. The other Party shall respond within 7 (seven) days. The Parties shall cooperate and make reasonable efforts to reach a mutually acceptable resolution.
    

3. If the dispute is not resolved through negotiations within 15 (fifteen) days, the parties agree to submit the dispute to mediation. The mediation shall be conducted in accordance with The Mediation Act, 2023 or any statutory modification or re-enactment thereof. The mediator shall be appointed by mutual agreement of the Parties. The mediation process shall be confidential, and binding and without Prejudice to Parties’ legal rights. The costs shall be borne equally by the Parties, unless otherwise agreed.
    

4. If the dispute is not resolved through mediation, within 30 (thirty) days, the Parties agree to submit the dispute to binding arbitration. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof. The arbitration shall be administered by a sole arbitrator or 3 (Three) arbitrators, as appointed by mutual agreement of the Parties. The arbitration process shall be confidential, and binding and without Prejudice to Parties’ legal rights. The costs shall be borne equally by the Parties, unless otherwise agreed. The language of the Arbitration shall be English.
    

5. Jurisdiction: The competent courts in Nagpur, Maharashtra, India, shall have jurisdiction to resolve dispute anywhere within the territorial jurisdiction.
    

6. By using the Website, User agrees to abide by this dispute resolution clause and waive any rights to pursue a claim in any manner inconsistent with this Terms.
   
   
    

 

PRIVACY POLICY:
 

1. We care about data privacy and security. Please review our Privacy Policy on https://www.harshubh.com/privacy-policy posted on the Website. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Website is hosted in India.
   
    

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TERM AND TERMINATION:
 

1. These Terms shall remain in full force and effect while you use the Website. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Website or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
    

2. If we terminate or suspend your account for any reason, you are prohibited from inquiring under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
    

3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil and criminal.
   
   
    

 

MISCELLANEOUS:
 

1. These Terms and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between User and Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
    

2. These Terms operate to the fullest extent permissible by law. Website may assign any or all of our rights and obligations to others at any time. Website shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control.
    

3. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
    

4. There is no joint venture, partnership, employment or agency relationship created between the User and the Website as a result of these Terms or use of the Website. User hereby agrees that these Terms will not be construed against us by virtue of having drafted them. User hereby waives any and all defences it may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
    

5. There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice. 
   
   
   
    

 

DISCLAIMER:

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You acknowledge and undertake that you are accessing the Services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions and/or using such information through the Website. You further acknowledge and undertake that you will use the Website only for the information purposes. We shall neither be liable nor responsible for any actions or inactions nor any breach of conditions, representations or warranties of your use of such content through the Website and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement for such matters.


 

 

CONTACT US:

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Users are encouraged to promptly report any instances of unauthorized use or distribution of content from HMS Website. 

In case of any query or further assistance, please contact us at:

 

Contact Number: +91 78769 03904

WhatsApp us on: +91 98600 35254

General Queries: support@harshubh.com 

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