Terms and Conditions

Welcome to https://www.xpriyamsharma.com (“Website or Site”), presented by Priyam Sarma

Effective Date: October, 2024

Before continuing, the user of this website must be aware about the fact that Priyam Sharma and Priyam Sarma both are the same individual. Priyam Sharma is the business name which is “not” registered under any government institution till now and Priyam Sarma is the legal name which is registered under many government institutions. In this page, the legal name (Priyam Sarma) is used for official purposes.

The introduction to a terms and conditions document, often referred to as “Terms of Service” or “Terms of Use,” is a crucial section that sets the tone and provides essential information to customers, clients, users or visitors about the rules, regulations, and agreements they must adhere to when using this site.

Terms and Conditions (“Terms”) are a legally binding agreement between you and Priyam Sarma, so please read them carefully. By accessing or using services offered in this website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please refrain from using services offered in this website.

In these Terms, “I,”, “my,” “us”, “we”, “our” or “me” refers to Priyam Sarma, and “you”, “your” refers to the customer, client, user or visitor to the website https://www.xpriyamsharma.com. These Terms cover various important topics, including your rights and responsibilities when using my services and other legal terms and conditions that govern your use of my offerings.

Please note that these Terms may be updated or modified from time to time. We encourage you to check regularly, if any change is being made or not to stay informed about any changes. Your continued use of services offered in this website following changes to these Terms constitutes your acceptance of those changes.

If you have any questions or concerns regarding the Terms and Conditions, we encourage you to contact us at info@xpriyamsharma.com

1. Acceptance of Terms

1. 1.1 Agreement to Terms – By accessing and using the xpriyamsharma.in website (“the Website”), you expressly acknowledge and agree that you have carefully read, understood, and willingly consent to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and Priyam Sarma, governing your use of the Website and its services. If you do not agree with any provision of these terms, you must refrain from using the Website.
2. 1.2 Modification of Terms – Priyam Sarma reserves the right, at its sole discretion, to modify, amend, or update these Terms of Service at any time. Such modifications will be effective immediately upon posting on the Website. Users are encouraged to regularly review these terms to stay informed of any changes. Your continued use of the Website following the posting of changes constitutes your acceptance of those changes.
3. 1.3 User Affirmation of Legal Capacity – By agreeing to these terms, you affirm that you are of legal age in your jurisdiction to form a binding contract with Priyam Sarma or that you have obtained parental or guardian consent to use the Website if you are under the legal age.
4. 1.4 Assumption of Responsibility – You acknowledge and agree that you are solely responsible for understanding and complying with all applicable laws, regulations, and policies related to your use of the Website. Priyam Sarma disclaims any liability for your failure to do so.
5. 1.5 Special Conditions – Certain features or services provided by Priyam Sarma may be subject to additional terms and conditions, which will be communicated to you and considered an integral part of these Terms of Service. In case of any conflict between such additional terms and the main terms, the specific conditions shall prevail.
6. 1.6 User’s Duty to Inform Others – If you are accessing or using the Website on behalf of an organization, entity, or third party, you confirm that you have the authority to bind that entity to these Terms of Service, and “you” and “your” will refer to that entity. You also acknowledge the obligation to inform any users affiliated with the said entity about these terms and ensure their compliance.
7. 1.7 Consent to Electronic Communications – By using the Website, you agree to receive communications from Priyam Sarma electronically, whether via email, notices on the Website, or other means. You consent to the electronic delivery of all notices, agreements, disclosures, or other information that Priyam Sarma provides.
8. 1.8 Language of Agreement – These Terms of Service are drafted in English. If there are any discrepancies between the translated version and the original English version, the English version shall prevail.
9. 1.9 Questions and Concerns – If you have any questions or concerns regarding these Terms of Service, you are encouraged to contact Priyam Sarma for clarification before proceeding with the use of the Website at info@xpriyamsharma.com

2. User Bookings, Purchases and Responsibilities

• User Bookings and Purchases

1. 2.1 Booking Process for Appointment and Purchase of Courses – To access certain features and services on the xpriyamsharma.com website (“the Website”), a booking process or purchase order may be involved and users may be required to provide certain personal information, such as full name(first, middle and last name), email address, phone number, age, occupation and personal picture. By completing the booking process or purchase order, you confirm that the information provided is accurate, current, and complete. You undertake to update your personal information promptly to ensure its accuracy.
2. 2.2 Booking Process Obligations – During the process of booking an appointment or purchasing any type of course, you are responsible for maintaining the confidentiality of your personal credentials, including your name, email address, phone number and other relevant details as mentioned above. You acknowledge that you are solely responsible for all activities that occur during the process of booking and purchasing from your end. In the event of any unauthorised use of your personal information or any other breach of security, you agree to notify Priyam Sarma immediately. Priyam Sarma will not be liable for any loss or damage arising from your failure to comply with these security obligations.

• User Conduct and Responsibilities

1. 2.3 Lawful and Ethical Use – Users are required to use the Website in a manner consistent with all applicable laws, regulations, and ethical standards. This includes, but is not limited to, refraining from engaging in any activity that is illegal, infringing on the rights of others, or contrary to the intended use of the Website.
2. 2.4 Prohibited Activities – Users must not engage in any prohibited activities that could harm the Website, its users, or any third party. Prohibited activities include, but are not limited to:

1. Unauthorized access: Attempting to gain unauthorized access to the Website, other users’ accounts, or any related systems or networks.
2. Malicious code transmission: Uploading, transmitting, or distributing any form of malicious code, viruses, or other harmful technologies.
3. Impersonation: Impersonating another person or entity, or misrepresenting your affiliation with any person or entity.

3. 2.5 Content Integrity – Users are responsible for the content they submit, including text, images, documents, or any other form of material (“User Content”). By submitting User Content, you warrant that you have the right to do so, and you grant Priyam Sarma a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content. Priyam Sarma, however, does not claim ownership of User Content.
4. 2.6 Compliance with Community Standards – Users must adhere to community standards and guidelines set by Priyam Sarma. Content that is harmful, offensive, or violates these standards may be removed, and users engaging in such activities may face appointment or course enrolment suspension or termination forever.

3. User Conduct and Prohibited Activities

1. 3.1 Lawful Use – Users are expected to use the xpriyamsharma.com website in a manner consistent with all applicable laws, regulations, and ethical standards. This includes, but is not limited to, respecting intellectual property rights, privacy laws, and any other relevant legal requirements.
2. 3.2 Prohibited Activities – In addition to the general obligation to comply with the law, users are expressly prohibited from engaging in activities that may compromise the integrity of the Website, its users, or Priyam Sarma. Prohibited activities include, but are not limited to:

1. Unauthorized Access – Users shall not attempt to gain unauthorized access to any part of the Website, accounts of other users, or any systems or networks associated with Priyam Sarma. Unauthorized access includes any attempt to circumvent authentication measures, exploit vulnerabilities, or interfere with the security mechanisms of the Website.
2. Malicious Code Transmission – Users are prohibited from uploading, posting, transmitting, or otherwise distributing any form of malicious code, viruses, worms, or any other software or technology designed to disrupt, damage, or limit the functionality of any computer software or hardware.
3. Impersonation – Users shall not impersonate any person or entity, including but not limited to a Priyam Sarma representative, another user, or a fictitious character. This prohibition includes misleading others about the origin of content or falsely attributing statements to Priyam Sarma.
4. Harassment and Threats – Users must not engage in any form of harassment, bullying, or threats toward other users, Priyam Sarma, or any third party. This includes, but is not limited to, abusive language, stalking, intimidation, or any behavior that creates an unsafe or hostile environment.
5. Unauthorized Commercial Activities – Users shall not engage in any commercial activities on the Website without the express written consent of Priyam Sarma. This includes, but is not limited to, unauthorized advertising, promotions, or any other form of solicitation.
6. Violation of Privacy – Users must respect the privacy of others and refrain from engaging in any activities that infringe on the privacy rights of individuals. This includes, but is not limited to, unauthorized access to personal information, the distribution of private information without consent, and any other form of invasion of privacy.
7. Disruption of Services – Users shall not engage in activities that disrupt or interfere with the normal functioning of the Website, servers, or networks connected to Priyam Sarma. This includes, but is not limited to, denial-of-service attacks, overloading systems, or any other action that may impair the availability or accessibility of the Website.
8. Violation of Intellectual Property Rights – Users must respect intellectual property rights, including copyrights, trademarks, and patents. Any unauthorized use, reproduction, or distribution of copyrighted material, trademarks, or other proprietary information is strictly prohibited.

3. 3.3 Reporting Violations – Users are encouraged to report any violations of these User Conduct and Prohibited Activities to Priyam Sarma through the designated reporting mechanisms provided on the Website.
4. 3.4 Consequences of Violations – Violations of these User Conduct and Prohibited Activities may result in the immediate suspension or termination of user accounts, and legal action may be pursued in cases of serious breaches. Priyam Sarma reserves the right to take appropriate action to protect the integrity of the Website and the rights of its users.

4. Content Ownership and Usage

1. 4.1 Ownership of Website Content – The content available on xpriyamsharma.com, including but not limited to text, graphics, images, audio, video, and other materials (“Website Content”), is the proprietary and exclusive property of Priyam Sarma unless otherwise stated. All rights not expressly granted herein are reserved. The Website Content is protected by copyright and other intellectual property laws.
2. 4.2 User-Generated Content Licence – Priyam Sarma encourages users to share valuable insights, comments, and creative works on the website (“User-Generated Content”). By submitting User-Generated Content on the Website, you grant Priyam Sarma a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, translate, distribute, and display the User-Generated Content.
3. 4.3 Retention of User Ownership – While Priyam Sarma may use and display User-Generated Content, the ownership of such content remains with the user who submitted it. Priyam Sarma does not claim any ownership rights in the User-Generated Content, and users retain the right to use their content in any way they see fit outside the confines of the Priyam Sarma’s platform.
4. 4.4 User-Generated Content Representations – By submitting User-Generated Content, users represent and warrant that they own or have the necessary licences, rights, consents, and permissions to authorise Priyam Sarma to use their content for the purposes intended under these Terms of Service.
5. 4.5 User-Generated Content Guidelines – Users agree not to submit User-Generated Content that infringes on the intellectual property rights of others, violates any applicable laws, is defamatory, obscene, offensive, or otherwise objectionable. Priyam Sarma reserves the right to remove any User-Generated Content that violates these terms or for any other reason at its sole discretion.
6. 4.6 Removal of User-Generated Content – Priyam Sarma respects the intellectual property rights of others and will promptly remove any User-Generated Content that is reported to infringe on the rights of third parties.
7. 4.7 Feedback and Suggestions – In addition to User-Generated Content, users may choose to provide feedback, suggestions, or other input related to the Website (“Feedback”). By providing Feedback, users grant Priyam Sarma the right to use such Feedback for any purpose, without any obligation of compensation.
8. 4.8 Reporting Violations – Users are encouraged to report any violations of content ownership or inappropriate use of User-Generated Content to Priyam Sarma. Priyam Sarma will investigate and take appropriate action, which may include the removal of content or suspension of user’s personal information.
9. 4.9 Reservation of Rights – Except as expressly stated herein, nothing in these Terms of Service shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication, or otherwise. Priyam Sarma reserves all rights not expressly granted in and to the Website and the Website Content.

5. Modification of Terms

1. 5.1 Notification of Changes – Priyam Sarma reserves the right to modify, amend, or update these Terms of Service at any time, reflecting our commitment to continuous improvement and adaptation to evolving circumstances. Any modifications will be effective immediately upon posting the updated terms on the Website. We understand the importance of keeping you informed about any changes, and to that end, we will make reasonable efforts to notify users of substantial modifications.
2. 5.2 Nature of Modifications – Modifications may include, but are not limited to, changes in user policies, terms governing the use of specific features, or alterations to legal or compliance-related aspects. It is imperative that you review these terms regularly to stay informed about any updates. Your continued use of the Website following the posting of modified terms constitutes your acceptance of those modifications.
3. 5.3 Notification Mechanisms – Notification of significant changes may be provided through various means, such as email, prominent announcements on the Website, or other forms of direct communication. However, it is your responsibility to regularly check the Website and your email for updates.
4. 5.4 Your Right to Object – If you disagree with any modifications to these terms, your sole recourse is to discontinue the use of the Website. If you continue to use the Website after modifications have been posted, it will be construed as your acceptance of the modified terms.
5. 5.5 Amendments for Legal Compliance – In certain instances, we may need to make immediate modifications to these terms to comply with legal requirements or address unforeseen circumstances. Such modifications will be effective immediately and may not be subject to prior notice.
6. 5.6 Feedback and Questions – We encourage users to provide feedback or seek clarification on any modifications. If you have questions or concerns about the changes, please contact us at info@xpriyamsharma.com. While we cannot guarantee individual responses to all inquiries, we value your input and will consider it as we refine our policies.

6. Disclaimers

1. 6.1 Content “As Is” – The content provided on xpriyamsharma.com is offered on an “as is” basis, without any warranties, express or implied. Priyam Sarma makes no representations or warranties of any kind concerning the accuracy, completeness, timeliness, or reliability of the content. Users acknowledge and agree that their use of the Website and reliance on any content is at their own risk.
2. 6.2 No Warranty of Continuity – Priyam Sarma does not warrant that the Website will be error-free, uninterrupted, secure, or free of viruses or other harmful components. While we strive to maintain the highest standards of operational efficiency, users understand that the nature of online platforms involves inherent risks, and Priyam Sarma disclaims any warranty regarding the continuous, uninterrupted, or secure availability of the Website.
3. 6.3 Third-Party Content – The Website may include third-party content, links, or services. Priyam Sarma does not control or endorse any third-party content, and inclusion of such content on the Website does not imply any association with or endorsement by Priyam Sarma. Users acknowledge and agree that Priyam Sarma is not responsible for the accuracy or availability of any third-party content.
4. 6.4 Professional Advice Disclaimer – Any information, course, or advice provided on the Website is intended for general informational purposes only. Priyam Sarma is not a licensed professional in any field and does not provide legal, financial, medical, or any other professional advice. Users are encouraged to seek the advice of qualified professionals in the relevant field as mentioned for specific advice tailored to their individual circumstances.
5. 6.5 Limitation of Liability Disclaimer – Users acknowledge and agree that Priyam Sarma and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

1. The use or inability to use the Website.
2. Unauthorised access to or use of user information.
3. Any errors or omissions in the content on the Website.
4. Any interruption or cessation of service.
5. Any viruses, bugs, or other harmful components transmitted through the Website.

6. 6.6 External Links Disclaimer – The Website may contain links to external websites or resources that are not owned or controlled by Priyam Sarma. Priyam Sarma assumes no responsibility for the content, privacy policies, or practices of any third-party websites. Users acknowledge and agree that Priyam Sarma is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites.
7. 6.7 Assumption of Risk – Users acknowledge that the internet and online communications inherently involve risks, and Priyam Sarma cannot guarantee the security, privacy, or confidentiality of any information transmitted through the Website. Users are solely responsible for taking adequate precautions to protect their own information.
8. 6.8 Indemnification – Users agree to indemnify and hold Priyam Sarma and its affiliates, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of their use of the Website, violation of these Terms of Service, or infringement of any intellectual property or other right of any person or entity.

7. Governing Law and Dispute Resolution

1. 7.1 If a dispute arises under this agreement, I agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Sibsagar, Assam, India. Any costs and fees other than solicitors/legal/attorney fees associated with the mediation will be borne by you.
2. 7.2 If it proves impossible to arrive at a mutually satisfactory solution through mediation, I agree to submit the dispute to binding arbitration at the following location: Sibsagar, Assam, India Jurisdiction only. Judgement upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
3. 7.3 Waiver of Class Action and Jury Trial : To the fullest extent permitted by applicable law, each party waives the right to participate as a plaintiff or class member in any purported class action, lawsuit, or proceeding. Additionally, each party waives the right to a trial by jury.
4. 7.4 If any provision of this dispute resolution section is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this section will remain in full force and effect.

8. Limitation of Liability

• Exclusion of Liability

1. 8.1 General Exclusion – Priyam Sarma, its affiliates, officers, employees, agents, partners, and licensors (“the Parties”) shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of xpriyamsharma.com, including but not limited to:

1. Loss of profits, revenue, data, or other tangible or intangible losses.
2. Business interruption.
3. Personal injury or property damage.

2. 8.2 Scope of Exclusion – This exclusion of liability applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if advised of the possibility of such damages.

• Exceptions to Limitation of Liability

3. 8.3 Gross Negligence or Willful Misconduct – The limitation of liability set forth in Section 7.1 shall not apply to claims arising from the Parties’ gross negligence or willful misconduct. In such cases, the Parties’ liability shall be limited to the fullest extent permitted by applicable law.
4. 8.4 Applicable Law – Where applicable law does not allow the exclusion or limitation of certain damages, the Parties’ liability shall be limited to the maximum extent permitted by law.

• Indemnification

5. 8.5 User Indemnification Obligation – To the extent permitted by applicable law, users agree to indemnify and hold the Parties harmless from any claim, demand, loss, liability, damage, or expense (including legal fees) arising out of or in connection with:

1. User’s use or misuse of the Website.
2. User’s violation of these Terms of Service.
3. User’s violation of applicable laws or regulations.

6. 8.6 Procedure for Indemnification Claims – In the event of a claim for indemnification, the indemnified Party shall promptly notify the indemnifying Party of the claim and cooperate in the defense of the claim.

• Reliance on Limitation of Liability -Users acknowledge that the provisions in this “Limitation of Liability” section allocate the risks between the Parties and form the basis of the bargain between the Parties.
• No Professional Advice – Information provided on xpriyamsharma.com is for general informational purposes only and should not be construed as professional advice. The Parties are not liable for the accuracy, completeness, or reliability of any information on the Website.