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TERMS AND CONDITIONS

Effective Date : April 15th, 2020 | Notice Version: 1.1

Data Controller Contact Information

LIVE WELL MIND
# 360, Rainbow Drive,
Sarjapura road, Bangalore 560035

Email : [email protected]

The terms "We" / "Us" / "Our"/ "Company" / " LIVE WELL MIND " individually and collectively refer to LIVE WELL MIND in India and the terms "You" /"Your" / "Yourself" refer to the users, customers and visitors of our site and LIVE WELL MIND's Business.

This page states the Terms and Conditions under which you (Visitor) may visit these websites ("www.livewellmind.com"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation's or entity's written permission.

ACCEPTABLE WEBSITE USE

(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.livewellmind.com or their breach of the terms

LIABILITY
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

INFORMATION SECURITY
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

All information gathered on our Website is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.

However the internet is an ever evolving medium. We may change our Privacy Policy from time to time to incorporate necessary future changes. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be.

REFUND AND RETURN POLICY
Our refund policies vary depending on the product or service as follows:
To the extent that you purchase any product or service directly from us, we may not refund your amount. However, we might consider your request within ten (10) days of your purchase and notifying us in writing to [email protected] of your desire for the refund along with a reason. As all of our product and services are digitally delivered, we provide the support for the same. As far as the request subject to the return of the goods to us is inappropriate, so we need not adhere to any return policies for what you purchased from us.

In the event of a multi-installment payment for a subscription, a refund is only possible on the most recent payment (e.g. if a refund request is made within 10 days of the third payment of a three-payment package, the first and second payments will not be refunded).

For recurring payments, refunds are only given on the applicable installment of a subscription, and only if the refund request is made within 10 days of the purchase, subject to the discretion of livewellmind. Refunds are not given on overage charges.

Also Request you to review our Billing policies time to time.

CANCELLATION POLICY
Once you purchased our product or service, there is no cancellation possible. However you can reach us via contact information ( Email or phone or both) provided on the corresponding page within 10 days of purchase for any grievance.

For invoicing and recurring payments, Creating a Cancellation request is must. A request to cancel our Digital application must be initiated at least 10 days prior to the next invoice date. Any request to cancel our Digital application must be made via [email protected] at least 10 days prior to the next invoice date. Customers are encouraged to keep records of all communications regarding cancellation. Simply cancelling the credit/debit card associated with our account does not cancel the account. Our Digital will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third party collection service. It is imperative that you ensure with our representative or submit an email request for the cancellation if you wish to initiate cancellation of your account.

Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.

CUSTOMER CHECKOUT PROCESS FLOW
Our common product or service sale flow which we follow across our eCommerce sales are :
Webpage --> Product or Service or Donation or Fund Raising for the event through Webapp or MobApp or Hybrid app Page --> Checkout Page--> Thank you page --> Auto Direct to Callback URL page
However our promotional sales may use latest features of platforms to accept payments through emerging technical trends. We adhere to the compliance defined as needed.

GOVERNING LAW AND DISPUTE RESOLUTIONS
This site and the Privacy Policy shall be governed in all respects by the laws of Indian Territory (for India customers). IIL considers itself and intends itself to be subject to the jurisdiction of the Courts of Bangalore, Karnataka for India customers .The parties to this policies hereby submit to the exclusive jurisdiction of the Courts of Bangalore, Karnataka for India customers.

DISCLAIMER
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

PRIVACY NOTICE

Effective Date: April15th, 2020 | Notice Version: 1.1

Data Controller Contact Information

LIVE WELL MIND
# 360, Rainbow Drive,
Sarjapura road, Bangalore 560035

Email : [email protected]

The terms "We" / "Us" / "Our"/ "Company" / " LIVE WELL MIND” individually and collectively refer to and the terms "You" /"Your" / "Yourself" refer to the users, customers and visitors of our site and Live well Mind's Business.

This Privacy Policy is an electronic record in the form of an electronic contract formed under the information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information Technology Act, 2000. This Privacy Policy does not require any physical, electronic or digital signature.

This Privacy Policy is a legally binding document between you and Live Well Mind in India (both terms defined below). The terms of this Privacy Policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the I accept tab or by use of the website or by other means) and will govern the relationship between you and Live Well Mind in India for your use of the website "www.livewellmind.com" (defined below).

This document is published and shall be construed in accordance with the provisions of the Information Technology (reasonable security practices and procedures and sensitive personal data of information) rules, 2011 under Information Technology Act, 2000; that require publishing of the Privacy Policy for collection, use, storage and transfer of sensitive personal data or information.

Please read this Privacy Policy carefully by using the Website, you indicate that you understand, agree and consent to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use this Website

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by us as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

USER INFORMATION
To avail certain services on our Websites, users are required to provide certain information for the registration process namely: - a) your name, b) email address, c) sex, d) age, e) PIN code, f) credit card or debit card details g) medical records and history h) sexual orientation, i) biometric information, j) password etc., and / or your occupation, interests, and the like. The Information as supplied by the users enables us to improve our sites and provide you the most user-friendly experience.

All required information is service dependent and we may use the above said user information to, maintain, protect, and improve its services (including advertising services) and for developing new services

Such information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force.

COOKIES
To improve the responsiveness of the sites for our users, we may use "cookies", or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user's individual interests using the Identified Computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply (an example of this is when you ask for our Personalized Horoscope). A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control. Our web servers automatically collect limited information about your computer's connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data -- such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come.

LINKS TO THE OTHER SITES
Our policy discloses the privacy practices for our own web site only. Our site provides links to other websites also that are beyond our control. We shall in no way be responsible in way for your use of such sites.

INFORMATION SHARING
We shares the sensitive personal information to any third party without obtaining the prior consent of the user in the following limited circumstances:
(a) When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.
(b) We proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

INFORMATION SECURITY
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

All information gathered on our Website is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.

However the internet is an ever evolving medium. We may change our Privacy Policy from time to time to incorporate necessary future changes. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be.

a) Our Email Policy
You can always opt out of receiving further email correspondence from us . We will not sell, rent, or trade your email address to any unaffiliated third party without your permission or if our organization files for bankruptcy.

b) Our Security Policy
We have built our website using industry-standard security measures and authentication tools to protect the security . We and the third parties who provide services for us, also maintain technical and physical safeguards. When we collect your credit card information through our website, we will encrypt it before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, we cannot guarantee against the loss or misuse of your details or secure data transmission over the Internet because of its nature.

We strongly urge you to protect any password you may have for our website and to not share it with anyone. You should always log out of our website when you finish using it, especially if you are sharing or using a computer in a public place.

c) Use of Your Credit Card and Financial Instruments
You may have to provide a credit card and any financial instruments to make payments from our website. We use third-party billing services and have no control over these services. We take efforts to make sure your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.

CHANGES TO OUR PRIVACY NOTICE
We reserve the right to change this privacy notice at any time. If our organization decides to change this privacy notice, we will post those changes on our website so that our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email (sent to the email address on file in your account). Otherwise we will use and disclose our users' and customers' PD in agreement with the privacy notice in effect when the information was collected. In all cases, your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change.

GRIEVANCE REDRESSAL
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Madhavan P.
Madhavan P ("Grievance Officer").
Mr. Madhavan P. (Grievance Officer)
Email: [email protected]
Ph: +91 988 606 7232 ( India )

QUESTIONS ABOUT OUR PRIVACY NOTICE
If you have any questions about our privacy notice, please contact us using the information at the top of this privacy notice.

GDPR: The EU Data Protection Law
General Data Protection Regulation (“GDPR”)

The GDPR is a unified regulation that supersedes and universalizes previous privacy laws in Europe, offering citizens and residents of the European Union (EU) greater transparency and controls over how their personal data is used by others. The GDPR requires the compliance of businesses which transact in Europe, or which facilitate transaction in Europe.

Controllers and Processors
There are two key roles defined in the GDPR with respect to personal data: Controller and Processor. The Controller is the business -- you. As a customer of us, you operate as the Controller when using our products and services. You have the responsibility for ensuring that the personal data you are collecting is being processed in a lawful manner pursuant to the GDPR and that you are using processors, such as our company, that are committed to handling the data in a compliant manner.
We are considered a Processor. We act on the instructions of the Controller (you), which come in the form of online or external (API) requests. Like Controllers, Processors have an obligation to explain what they do with personal data. However, as a Processor, we rely on you, the Controller of the data and our customer, to ensure that there is a lawful basis for processing.
Processors may, in the performance of their service, use other third-parties in the processing of personal data. These entities are known as sub-processors. For example, we leverage cloud infrastructure providers like PayPal, Paytm, Amazon Web Services, Rackspace, as well as other services like SendGrid.
With the implementation of the GDPR, we’re updating our privacy policy and End User License Agreements to include data processing sections that ensure that any business that requires a GDPR-compliant processor can use of our company products or services.
These documents are available as per GDPR guidelines goes into full enforcement time to time. Our legal team updates the policies as applicable time to time

Processing of Personal Data

In order to process personal data, you need a lawful basis for processing. There are several methods to establish a lawful basis for GDPR compliance, but the most likely mechanisms you will rely on when communicating with your customers and leads is one of the following:

1. Consent – Much of the GDPR revolves around the concept that your leads and customers have consented to you collecting their personal data, to you using (e.g. processing) their data, or to receiving communications. According to the ICO, the following criteria must be met to show valid consent:11.
A. Consent must be freely given. This means giving people genuine, ongoing choice and control over how you use their data.
B. Consent should be obvious and require positive action to opt in. Consent requests must be prominent, unbundled from other terms and conditions, concise, user-friendly, and easy to understand.
C. Consent must specifically cover the data Controller’s name, the purposes of the processing, and the types of processing activity.
D. Explicit consent must be expressly confirmed in words, rather than by any other positive action.
E. There is no set time limit for consent. How long it lasts will depend on the context. You should review and refresh consent as appropriate.
In short, under the GDPR (and it's a good idea in general), consent must be obtained by a “clear affirmative act”. In contrast to ‘clear affirmative acts’ pre-checked boxes or implicit consent are inadequate to establish consent.

If you are relying on consent as the lawful basis for processing data, the GDPR requires recorded evidence that consent has been given. You thus need in your business the ability to record proper consent for each customer and lead. When you enable the GDPR functionality with us, you could obtain your lead's consent at the point of opt-in, and that consent will be registered as a tag associated with that lead.

Note: we cannot control what you do with leads in an automated, API environment. You will need to ensure that, when we are acting as a sub-processor, that you use your main processors to ensure you are compliant with the GDPR. (If your main processor is not GDPR compliant, that could be difficult.)

2. Contract – In addition to consent, another lawful basis for processing data is if the processing of personal data is necessary for the performance of a contract. Password reset, billing notifications, and onboarding communication would likely fall under this lawful basis. In other words, if it’s a customer who transacts with you, there are certain processing tasks that must be undertaken for you to provide the service. Likewise, to keeps its commitments under its EULA and provide service to you, we must perform certain processing.

How We Use Personal Data

We are committed to full transparency in the handling and processing of your customers’ personal data that you control.
The User Data we collect: Name, Email, Phone, Address, Country, IP, and Username (if not a user, it's automatically generated).
we track the following activities: transactions, helpdesk tickets, memberships, associated lists, and associated sequences.
Data is stored or deleted at the Controllers' request. When a Controller ceases to be an active our customer, their accumulated data is retired to a storage cluster of servers with no front-facing access. After an arbitrary period, the data is deleted.

Data Subject Rights
Under the GDPR, EU data subjects are certain rights regarding their data. These include: The Right to Data Portability and the Right to Access. we offer tools to let you answer customer queries about what data you have collected through us and what's been done with it. Keep in mind, if you have collected personal data outside of our company, we have no knowledge or ability to answer queries regarding such data.

The Right to be Forgotten and The Right to Restriction of Processing
Have a lead or customer who wants their personal data out of your database? No problem! You can remove that contact from any list or sequence -- or even delete them entirely. However, transactional records will remain intact for bookkeeping purposes (though personal data will be redacted (e.g. ‘blacked out’ from view).
Unless otherwise required by law, if we receive any type of request from a data subject, we will engage the respective customer within seven working days to respond to the data subject request.

Data Processing Addendum
Our data processing addendum (DPA) to our End-User Licensing Agreement formalizes many of the details described on this site in specific legal language. As part of the EULA, the DPA will govern the terms by which our company, as a data processor, processes data on behalf of its customers (who are typically data controllers) in accordance with Article 28 of the GDPR. These include sub-processors engaged in delivering our services, countries through which the data is passed (cross-border protocol), security measures undertaken to ensure that your data is kept private , breach notification protocol

FREQUENTLY ASKED QUESTIONS
Does the GDPR impact businesses outside of the EU?
In many cases, yes. Even businesses that are not based in the EU are subject to the GDPR if they are collecting personal data on EU residents. Enforcement of the GDPR outside of the EU will be by EU authorities and it remains to be seen how aggressive they will be. Consult your own legal counsel but it is widely accepted that companies that collect personal data from EU residents will be subject to the requirements of the GDPR.

Does the GDPR require data to be stored in the EU?
The GDPR does not require that data processing (including storage of data) be limited to the EU. The EU-US Privacy Shield is one of several valid lawful mechanisms to transfer data between the EU and the US. In addition to Privacy Shield, our Data Processing Addendum includes the EU Model Clauses, which is also a valid mechanism for the lawful transfer of data between the EU, US and India.

How does the GDPR impact personal data collected before May 25th? Will I need to get consent for all my leads again?
The GDPR applies to all personal data, even if it was collected before May 25, 2018. As your business is preparing for the implementation of the GDPR, you should make sure you can properly audit the consent records for the EU-residing members of your email list, or that you can obtain and record evidence of consent going forward.

Do you have a Privacy Policy?
Yes! It contains information on our policies and efforts to comply with all applicable regulations and to guarantee the privacy of your data. It can be found in our legal section.

Do you have a Data Processing Policy?
Yes! Our Data Processing Addendum to our EULA contains the details of our data processing and how we work with Controllers and Sub-processors to comply with the applicable regulations and to ensure the privacy of your data. You can obtain a copy of the our DPA by making a written request by email to our Data Protection Officer.

Who is Our Data Protection Officer (DPO)?

LIVE WELL MIND DPO is: Mr. Madhavan P
Email address: [email protected]
In accordance with Article 38 of the GDPR, members of the public may contact the DPO regarding issues related to processing of their personal data and to exercise their rights under the GDPR – for example, to object to the processing of their data in cases where the data controller (i.e., our customer) does not provide an adequate response.

Is our company PCI Compliant?
We adhere to, and is audited annually for compliance with, the Payment Card Industry Data Security Standard, which is a rigorous data protection framework oriented towards the protection of payment card data.
Our most recent PCI DSS audit documentation is available upon request. Please contact [email protected] you require the documentation.

Questions?
Feel free to reach out to us by emailing us at [email protected] with any questions you may have.

Digital Millennium Copyright Act (DMCA)
Live Well Mind on Intellectual Property Rights

We have the utmost respect, value, and appreciation for intellectual property rights – its own intellectual property rights and those of others.
We do not permit copyright infringing activities and infringement of intellectual property rights using its websites, software, products, or services related to our products or services (collectively “the Sites and Software”). All such uses of the Sites and Software are violations of our EULA as our Acceptable Use Policy. As with any system where user-contributed content (“User Generated Content”) is present, we do not have the technological means to know in advance or to determine whether any given content is used with permission, under license, or is a ‘fair use’. To the extent technically feasible, where infringing content is found and identified on a server or other computer directly controlled by us. We will endeavor to assist copyright holders in protecting their rights under the Digital Millennium Copyright Act.

Procedure for Filing a Claim of Infringement Under the DMCA (“DMCA Take Down Notices”)

A. If you are a copyright owner or an authorized agent of such an owner with a good faith belief that any content used with the Sites and Software or included as part of any User Generated Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
1) identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2) identification of the material that you claim to be infringing or to be the subject of infringing activity and that you believe must be removed, or access to which should be disabled, and information reasonably sufficient to permit us to locate the material;
3) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
4) a verified statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
5) a verified statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
6) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should send the Take Down Notice to our designated Copyright Agent, authorized to receive notifications of claimed infringement:

Copyright Infringement

LIVE WELL MIND
# 360, Rainbow Drive,
Sarjapura road, Bangalore 560035
Email: [email protected]

NOTE: only verified DMCA Take Down Notices should go to the designated Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to LIVE WELL MIND. You acknowledge that if you fail to comply with all the requirements of this Section 5(D), your DMCA Take Down Notice may not be valid and may not achieve the desired result. DMCA Take Down Notices that do not substantially comply with the foregoing requirements, which do not provide enough information for the allegedly infringing content to be located, or which lack the requirement verification may not receive a reply.
B. Upon receipt of a verified DMCA Take Down Notice that identified allegedly infringing content in the required manner, we will investigate and disable access to the allegedly infringing material. We will also notify its User of the Take Down Notice, and if we receive a Counter Notice that substantially complies with the requirements below, we may restore access to the content in question consistent with the procedures below and the provisions of the DMCA.

C. Counter-Notices
We understand that copyright holders are not always correct in their beliefs regarding infringement, even when requesting ‘take downs’ in good faith under the DMCA. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and/or use the material in your content, you may send a Counter-Notice containing the following information to the designated Copyright Agent (see above):
1) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
2) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
3) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the jurisdiction of the Courts of Bangalore, Karnataka for India customers and Court of Alameda County(For Rest of the World Customer).and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
4) your physical or electronic signature;
If a Counter-Notice is received by the Copyright Agent, we may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 15 business days. Unless the copyright owner files an action seeking a court order against the user, the removed content may be replaced, or access to it restored, in 15 (to 20) business days or more after receipt of the Counter-Notice, at our sole discretion.

Acceptable Use Policy
We are committed to ensuring the highest level of service for its members. As part of that commitment, it is important that we all abide by this Acceptable Use Policy, thus preserving the highest reputation and deliverability of our service. Violation of this policy may lead to your account suspension or termination. Additionally, your accounts may be suspended or terminated pursuant to our Terms & Conditions for behavior, activities, or content that threaten our systems.
Prohibited Content
We may not be used to promote, market, exchange, store or produce offensive, illegal, harassing activities, or business that is likely to be flagged by spam agencies/filters. Prohibited content includes, but is not limited to:
i. Illegal goods or services
ii. Emails that violate CAN-SPAM Laws
iii. Pornography/sexually explicit content
iv. Escort and dating services or products
v. Pharmaceutical products
vi. Products involving unsubstantiated medical claims
vii. Opportunities that involve unsubstantiated income claims
viii. Gambling services or products
ix. Selling “Likes” or followers for a social media platform
x. Email advertisements for multiple companies all to the same list (sometimes known as “dedicated email ads” or “solo email ads”)
Content Subject to Scrutiny
While the following activities are not forbidden, they have a higher-than-normal likelihood of resulting in a loss in reputation/delivery. As a result, businesses engaging in these practices that cause or may cause a degradation in the service, we provide may be subject to throttling, suspension, or termination:
i. Online trading, day trading tips, or stock market related content
ii. Crypto currencies, virtual currencies or digital currencies
iii. Daily horoscope reports
iv. Mortgages and loans
v. Nutritional, herbal, and vitamin supplements
vi. Adult Entertainment/Novelty Items
vii. Real estate
viii. Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content
ix. Multi-Level Marketing
x. Affiliate Marketing
Prohibited Actions
We may not be used in connection with any user content that involves, to any degree, any of the following:
i. False or misleading business opportunities, scams, or pyramid schemes;
ii. Health claims that have been determined to be false or misleading by a regulatory agency; illegal activities;
iii. Sales of drugs or pharmaceuticals and sales of illegal products or services;
iv. Pornography or sexually explicit content;
v. Content that promotes or depicts human trafficking, child abuse, animal abuse, or which encourages or promotes abuse of alcohol, drugs or other substances, graphic or gratuitous violence, or people being injured, beaten, hurt, attacked, or humiliated;
vi. Content that is needlessly shocking to the senses, gratuitously gross, or which depicts or promotes accidents, death, hate speech attacking or demeaning a group based on race, ethnic origin, religion, disability, gender, age, and the like;
vii. Any use of the Software in connection with predatory behavior, including invasions of privacy, directed to other persons, particularly children, is not permissible and, will not be tolerated.
viii. Harvesting or scrubbing leads from directories, websites, forums, social media sites, etc. All leads must be acquired through a voluntary form fill-in, such as a registration form, a checkout form, etc.
ix. Promoting affiliate links via commonly frowned-upon practices in the affiliate marketing industry including, but not limited to: cookie injection, spamming forums or social media, automated scripts, etc.
x. Use, initiation, or implementation of any automated system, including without limitation, "robots," "spiders," or "offline readers," or “through”, or “with our software” in a manner that utilizes more resources from (a) the software, (b) any Live Well Mind.
xi. server or site, or (c) any third-party server or site, in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser
xii. The sending or distribution of unsolicited commercial email
xiii. The use of malicious code, spyware, malware, Trojan horses.
xiv. Purchased lists (of any form), Rented lists (of any form), List brokers (of any form)

BILLING POLICIES
GENERAL
Use of our products and services constitutes your acceptance of and agreement to comply with our billing policy.

a. All billings are set up on a prepaid basis with applicable Taxes as currency selection. Payment must be received by Live Well Mind f before any billable product or service is provided/activated. In the event of a trial period, payment information must be on file before your account is created. You are required to keep a valid credit/debit card on file to charge for recurring monthly subscription and overage fees. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
b. Subscription billing is based on the availability of products and services within the parameters defined by their packages. Certain fees may be usage-based, hosting/bandwidth, domain names overages, Membership access for Marketing events).
c. Payment receipts are provided electronically with each purchase and may also be provided upon customer request.
BILLING CYCLE
a. Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer's specific billing cycle date.
b. Payment failure: In the event a credit/debit card fails to charge successfully, access to the product will immediately cease.
c. Deactivation: We reserves the right to remove customer application data from its servers after nonpayment.
PAYMENT METHODS
We accept payments from most major credit cards/Debit Cards/PayPal/Wallets/UPI/Net Banking and all the modes supported by our Payment Gateway providers as applicable to our business.
SUBSCRIPTION BILLING
Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month (or year for yearly plans) in which the customer purchased our subscription. Customers must request to cancel their subscriptions at least 10 days prior to their next billing date in order to avoid being charged on the billing date. We will not prorate any portion of unused subscription services. All subscription fees are nonrefundable except as described below.
Moreover, if your Contacts count on your billing cycle date exceeds your package limit, your account will be automatically upgraded to the appropriate package, possibly incurring in a higher subscription fee.
REFUND POLICIES
Our refund policies vary depending on the product or service as follows:
To the extent that you purchase any product or service directly from us, we may not refund your amount. However, we might consider your request within ten (10) days of your purchase and notifying us in writing to [email protected] of your desire for the refund along with a reason. As all the product and services of us are digitally delivered, we provide the support for the same. As far as the request subject to the return of the goods to us is inappropriate, so we need not adhere to any return policies for what you purchased from us.
In the event of a multi-installment payment for a subscription, a refund is only possible on the most recent payment (e.g. if a refund request is made within 10 days of the third payment of a three-payment package, the first and second payments will not be refunded).
For recurring payments, refunds are only given on the applicable installment of a subscription, and only if the refund request is made within 10 days of the purchase, subject to the discretion of Livewellmind. Refunds are not given on overage charges.
CANCELLATION PROCESS
Creating a Cancellation request: A request to cancel our Digital application must be initiated at least 10 days prior to the next invoice date. Any request to cancel our Digital application must be made via [email protected] at least 10 days prior to the next invoice date. Customers are encouraged to keep records of all communications regarding cancellation. Simply canceling the credit/debit card associated with our account does not cancel the account. Our Digital will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third-party collection service. It is imperative that you ensure with our representative or submit an email request for the cancellation if you wish to initiate cancellation of your account.
Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.
BILLING DISPUTES
Each of our Digital customer agrees to provide us 45 business days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Livewellmind receive a chargeback from a third-party credit/debit card company or bank on the customer's behalf before Live Well Mind has been given a chance to resolve the issue, we have the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Live Well Mind, in addition to the $50 chargeback fee mentioned above. Regardless of the outcome of the chargeback, we retain the right to collect on any Services or fees that are due. We may submit any disputed amounts to a collection agency. Once a chargeback has been received, we have the right to suspend the account until the matter is resolved.

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