These PowerWithin Terms of Use (this “Agreement”) apply to your access or use of the PowerWithin and the content, features, and services (the “Services”) made available by PowerWithin Network Private Limited through PowerWithin platform including all its PowerWithin platforms and mobile applications. In this Agreement, “PowerWithin”, “us”, “our” and “we” mean the PowerWithin company that is providing the Services to you, and with whom you are entering into this Agreement.
By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, you acknowledge that:
[1] you have read, understood, and agreed to be bound by this Agreement, and
[2] you are of legal age and not prohibited by law from accessing or using the services provided hereby.
PowerWithin may update or revise this Agreement from time to time without any prior notice. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Any use of the Services is subject to the version of this Agreement in effect at the time of use.

DEFINITIONS

PARTIES

"You" and “your"(collectively defined as Second Party) refer to you, as a user. A "user" is someone who accesses or in any way uses the PowerWithin platform/application or access PowerWithin Platform in any way whereby a user is able to and not limited to, make personal account on the portal, access tests and other content, personal analytics, other users’ profile. A "user" is someone who accesses, browses, crawls, scrapes, or in any other way uses the PowerWithin platform. "We," "us," and "our"(collectively defined as First Party) refer to PowerWithin platform. The Third parties are defined as all those who are associating with the PowerWithin platform in any other ways except those defined under Second Party.

CONTENT

"Your Content" means Content that you submit or transmit to, through, or in connection with the PowerWithin platform, such as name, contact number, email address, postal address, brand description or any information that you publicly display or is displayed in your account profile. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "User Content" means Content that users submit or transmit to, through, or in connection with the PowerWithin platform. "Third Party Content" means Content that originates from parties other than PowerWithin, its users or users, which is made available in connection with the PowerWithin platform. "PowerWithin platform Content“means all of the Content that is made available in connection with the PowerWithin platform, including Your Content, User Content, PowerWithin Content and Third-Party Content.

"Effective Date" means the date User registers for a user account with PowerWithin.
"PowerWithin Application" means mobile application providing access to PowerWithin platform.
"User Services" means list of services offered to the End Users.
"Subscription" means an End User purchasing a membership entitling Consumer to User Services or discounts on User Services; through the PowerWithin platform.
"Payment Services" refers to all credit or debit card processing services, including charging, refunding, reversing, and adjusting transactions as well as all pay-outs, reimbursements and disbursements provided by PowerWithin and its Payment Processors.
"PowerWithin Platform" refers collectively to PowerWithin Application, PowerWithin websites, any links contained within or otherwise available through external hyperlinks within PowerWithin Application, PowerWithin websites, not including the third party links.
"Refund" refers to any transaction reversed by User, or in some cases, the Client or PowerWithin.
"Subscription Fee" means a fee charged by PowerWithin to Users for the use of The Services.
"The Services" mean services provided by PowerWithin to Users through PowerWithin platform.
Your Account: You are required to create an account with PowerWithin through the PowerWithin platform (“Account”) in order to use the Reservation Services with true, accurate, latest, and complete data about yourself on the PowerWithin registration form (“Registration Data”).

COMMUNICATION

PowerWithin may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications.
PowerWithin may allow users to communicate with each other by providing their contact details which is subjected to our privacy policy. Any kind of illegal and offensive communication by the user or the user will be subjected to legal actions as per the law allows. The users are expected to protect and keep confidential users’ personal information in order to safeguard them from any possible harm.
PowerWithin is not responsible for any of the user’s behaviour during the time of availing services by the user. However, PowerWithin stands against any misconduct with the user or user by any party and is determined to support the victim in any way possible. Any user found to be guilty of misconduct will be blacklisted from the PowerWithin platform and is not liable to any legal action against PowerWithin.

PERSONAL INFORMATION

User agrees to provide authentic information about oneself to avail services through and access PowerWithin platform. If a user is found to be providing fraudulent information or using the PowerWithin platform in a deceiving way PowerWithin can blacklist and take legal actions against the defaulter to safeguard other parties from harm. The user, according to the law, might have to reimburse the damages.

RESPONSIBILITY

PowerWithin is not responsible for any of the content provided by the second or the third parties on the PowerWithin platform. In any case of conflicts relating to the violation of terms and conditions of usage and services by the second and third parties PowerWithin is not liable to any legal action. However, we will provide assistance and help to resolve the issues between parties in conflict, as required and applicable by the law. We are determined to follow the laws of terms and any infringement will be dealt with legal action.
User agrees to provide all information and materials as may be reasonably required by PowerWithin in connection with its transactions conducted on, through or as a result of use of PowerWithin Marketplace. PowerWithin has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.

“YOUR ACCOUNT” INFORMATION

You are solely responsible for updating your information and maintaining the confidentiality of your Account. You agree to immediately notify PowerWithin of any unauthorized use of your Account or any other breach of security. Any fake or fraudulent information provided by you, resulting in any potential harm to any of the parties defined above or someone other, will be subject to possible legal action.

CONTENT

Unless otherwise explicitly stated all the content on PowerWithin platform put by us (“PowerWithin Content”) is the copyright and intellectual property of PowerWithin and you are not allowed to use “PowerWithin Content” in any way without our prior consent. However, you are allowed to use this information for your personal and non-commercial use. Violation of this term will be subject to applicable law governed by Indian jurisdiction. Users are prohibited to offer or use PowerWithin Content to and for third parties. Such actions are considered illegal and will be subject to legal actions.

SECURITY AND PRIVACY

The use of content and information on the PowerWithin platform shared by any of the parties is subject to our privacy policy. To check our privacy policy go here.

TERMINATION OR SUSPENSION

(a) Should you discontinue use of PowerWithin or otherwise suspend or cancel your PowerWithin account, we will immediately discontinue your access to the Payment Services. You agree to complete all pending transactions or outstanding appointments (or notify End Users of cancellation), as applicable.
(b) Termination does not relieve you of your obligations as defined in this Agreement and we may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in this Agreement, including but not limited to Cashbacks, Fees, Refunds, reversals, or Investigations.
(c) Failure to pay any fees to PowerWithin including Service Fees, or accruing any balance owed to PowerWithin for Payment Services may result in the suspension of your account. PowerWithin may disallow your access to any services provided at our discretion until any balances owed are paid in full.

SUBSCRIPTION BENEFITS

A subscription by the user will be considered successful only if he/she has materialised or paid for the membership. Until that, a subscription is not considered successful and user is not entitled to avail any benefits based on subscription membership.
In case of any doubt about terms and conditions terms and conditions, you may approach us at [email protected]..