Welcome to the official website of Prakash Sharma, located at www.prakashsharma.com (referred to as the “Website”). The Website is owned and operated by Prakash Sharma (Trade name Endurance Services referred to as “us,” or “we”).
Before using the Website, we urge you to carefully read these Terms of Use. By using the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website. Furthermore, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements that are applicable to those services. If there is any inconsistency between these Terms of Use and the guidelines, terms, and agreements applicable to those services, these Terms of Use will govern.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.
CONSIDERATION
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.
RESTRICTIONS ON USE
The contents of this website are protected by intellectual property laws and are owned or licensed by the website owner or respective owner. You are only permitted to use the contents for personal, non-commercial purposes. You may not modify, reproduce, distribute, publish, transmit, display, perform, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without the prior written permission of the website owner. Any unauthorized use of the website or its contents may result in legal action.
SUBMISSIONS
You can share your thoughts on our website by posting reviews, comments, photographs, and other content. You can also send us messages or give us suggestions, but make sure they are not harmful or offensive to others, illegal, or inappropriate. Please don’t use fake information or pretend to be someone else. We might remove or change any content that we find inappropriate, but we don’t always check what people post. We also don’t allow spam or other unwanted messages on our website.
CONTENT LINKED TO THE WEBSITE
You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
DISCLAIMER OF WARRANTIES
The content on the website is provided “as is” and without warranty of any kind, expressed or implied. We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the website. We cannot ensure that you will be satisfied with any product or service that you purchase from a third-party website that links to or from the website or third-party information, content or materials contained on our website. We do not endorse any of
If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice, because of the information offered or provided within or through the website.
We urge you to obtain a physical examination from a doctor before using any stress or depression or or weight loss products or services or physical exercise or food supplement or dietary advice. We are not responsible for any of your action. We do not deal with medical or psychological emergencies. We are not designed to offer support in crisis situations – including when an individual is experiencing thoughts of self-harm or suicide or is showing symptoms of severe clinical disorders and other psychotic conditions. In these cases, in-person medical intervention is the most appropriate form of help. If you feel you are experiencing any of these difficulties, or if you are considering or contemplating suicide or feel that you are a danger to yourself or to others, we urge you to seek help at the nearest hospital or emergency room where you can connect with a psychiatrist, social worker, counsellor or therapist in person. The same applies in-case of any medical or psychological health emergency. We recommend you involve a close family member or a friend who can offer support.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, successors, distributors, agents, associate, consultant, counsellor, therapist, contractor, representatives and other authorized users, as well as each of their respective officers, directors, owners, managers, members, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties“) harmless from and against any and all costs, losses, damages, liabilities, and expenses (including, but not limited to, legal fees and expenses and settlement costs) incurred or suffered by any of the Indemnified Parties arising out of, in connection with, or relating to any actual or alleged breach of these Terms of Use by you. You shall make your best efforts to cooperate with us in the defense of any claim. We retain the right, at our own expense, to engage separate counsel and assume exclusive control of the defense, settlement, and resolution of any claim that requires indemnification by you.
LIMITATION OF LIABILITY
Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (a) the use of, or any inability to use, the website or any content or functions thereof; or (b) any act or omission, online or offline, of any user of the website or anyone else, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorneys fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website or INR 1000/-
Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither we nor any other indemnified party is responsible or liable for: (a) any incompatibility between the website and any site, service, software or hardware; or (b) any delay or failure you may experience with any transmission or transaction related to the website. The limitations, exclusions and disclaimers herein and elsewhere in these terms of use apply to the maximum extent permitted by applicable law, may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, so such exclusions, limitations or disclaimers may not apply to you.
AMENDMENT
We retain the authority, at our exclusive discretion, to revise, amend, append or remove segments of these Terms of Use without prior notification, and it is incumbent upon you to scrutinize these Terms of Use periodically for any alterations.
LIMITATIONS
You should be 18 years of age or older and should not have any medical condition to use our website or services or product. Your use of the website and service should not violate any applicable law or regulation of India.
12. APPLICABLE LAW
The Laws of India shall serve as the governing law. Any disputes that may arise shall be under the exclusive jurisdiction of the Courts of Law situated in Delhi.
