TERMS AND CONDITIONS FOR BHOGYA.ONLINE

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Bhogya.Online and our parent website, optima-e-solutions.com and other content and services linked to this agreement.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written here. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the Services and must discontinue use of the Services immediately.

Your access to and use of certain Services may require you to accept additional terms and conditions applicable to such Services, including any future modifications (collectively, “Additional Terms”) in addition to this Agreement, and may require you to download software or Content (as defined below). The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific Service.

Except the content directed to children and certain online features directed to children, all other content, products and Services are limited to users aged 13 years and above, except in European Economic Area (“EEA”), where the Services are limited to users aged 16 years and above.

Account Registration and Security

Some Services require you to create an account (including setting up a credential and password) to participate in or to secure additional Services, such as viewing and commenting on the Bhogya.Online Content (defined below), purchasing Products, creating a Bhogya.Online Site profile and signing up for specific newsletters. To create an account and interact with participating Services click on the Sign In link on the Home page or other pages and create a profile.

The information you submit directly to us or through a Third-Party Service (defined below) to create an account must be accurate and must be kept updated by you by visiting My Account Page. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. Please consider it your responsibility to notify us of any changes to account information, including, but not limited to your contact information. You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. It is therefore critical that you do not share your account information with anyone. In the event someone else uses your account as a result of your failure to keep your account information secure and confidential, you may be held liable for losses incurred by Bhogya.Online and Optima e-Solutions GmbH and you agree to indemnify Optima e-Solutions GmbH from any third-party claims arising from such actions. Also, you agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify Optima e-Solutions GmbH immediately if you suspect any unauthorised use of, or access to, your account or password. Bhogya.Online and Optima e-Solutions GmbH shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. If you have uploaded a picture to your profile, Optima e-Solutions GmbH shall also retain the right, but no obligation, to review any profile pictures provided by you.

Access and Use of Bhogya.online

The Services are intended solely for your personal and non-commercial use.  Bhogya.Online and Optima e-Solutions GmbH may change, suspend or discontinue a part or all of the Services (or any feature thereof) at any time. Certain limits maybe imposed on certain features and services offered on the Services or access to parts or all of the Services maybe restricted without notice or liability. You acknowledge that from time to time part or all of the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes beyond our control or which are not reasonably foreseeable by us.

You acknowledge and agree that Bhogya.Online reserves the right to charge a fee for any of the services provided. We will provide you sufficient notice about any change in the fees and also inform you about the way to cancel you subscription, if you donot agree to the changed fees. Your continued use of our Services, after the change to the applicable fees, would amount to you agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. Any unused portion of the fees resulting due to a termination of any Service or cancellation of the Subscription by you or by us will not be eligible to a refund.

When you make a purchase of any Services feature, subscription (including any premium subscription) or product, through any Service you may be required to provide personal information, including credit card and billing information, to independent third-party providers, responsible for collecting, transmitting and/or processing your information and, in some instances, for fulfilling your order.  The collection, use and transmission of such information and any payment obligations for such purchases shall be governed by the terms of use/service and privacy policy(ies) of the third party providers. By making this purchase on Bhogya.online, you are warranting that you are authorised to make the purchase using the billing information you provide to the third party providers. You must be 18 years of age or older to make any purchase on bhogya.online.

You may terminate your account at any time, for any reason by sending us an email with your request to delete your account. We may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the Services is terminated by you or by us, this Agreement will remain in full force and effect with respect to your past and future use of the Services. If we terminate your user account, subscription and/or access to the Services (or any portion of the Services) you may not create a new account, purchase a new subscription or try to access our Services without our prior written approval. You agree that your account is non-transferable. Any rights to your account and/or Services terminate upon your death.

Intellectual Property Rights

All text, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Optima e-Solutions GmbH.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. You are granted limited license only for purposes of viewing the material contained on this Website.

Other than the content you own, under these Terms, Bhogya.online Name and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sub-licensing and/or otherwise commercialising any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Bhogya.online may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Bhogya.online and Optima e-Solutions GmbH, a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Optima e-Solutions GmbH reserves the right to remove any of Your Content from this Website at any time without notice.

Third Party Links and Services

bhogya.online may contain links to third party websites(“Linked Sites”). These links are provided solely for the convenience of the visitor.  We donot have any control over the content or services of such Linked Sites and Optima e-Solutions GmbH is neither responsible for the content nor does it endorse the content of such Linked Sites, including any information or material contained in such Linked Sites. You will have to make your own  independent judgement regarding your interaction with these Linked Sites.

Warranties

This Website is provided “as is,” and bhogya.online does not promise that the site or any content, service or feature of the site will be error free or uninterrupted, or that any defects will be corrected or that your use of the site will provide specific results. Bhogya.online and Optima e-Solutions GmbH express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall Bhogya.online and Optima e-Solutions GmbH, nor any of its officers, directors, employees and affiliates, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Optima e-Solutions GmbH, including its officers, directors, employees and affiliates shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnity

You hereby indemnify to the fullest extent Bhogya.online and Optima e-Solutions GmbH from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Miscellaneous

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Optima e-Solutions GmbH is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Optima e-Solutions GmbH is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Hessen, Germany and you submit to the non-exclusive jurisdiction of the state and federal courts located in Germany for the resolution of any disputes.

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