Our Terms & Conditions

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Please read these terms carefully before using this website.

These Terms & Conditions (as defined herein below) are made between The Mind Diaries and you as a “Site Visitor” and/or “User.”

By using and/or visiting this website (“The Mind Diaries”), (collectively, including all content available through the theminddiaries.com domain name, (the “Website” or “Site”) you signify your assent and become legally bound to both these terms and conditions (“Terms & Conditions”) and the terms and conditions of The Mind Diaries’ Privacy Policy (the “Privacy Policy”), which is published on the Website for reference.

Changes

Your access to the Website is subject to the terms and conditions of use. These Terms & Conditions are for an indefinite term and you understand and agree that you are bound by such terms any time you access the Website. We reserve the right at any time to change the Terms & Conditions in any or all of the content, products, features and services or change/charge any fees or charges for use of the services contained on the Website without prior notice. You will be deemed to have accepted such change/s if you continue to access the website subsequent to such changes. Any changes to the Terms & Conditions will be reflected on this page.

The Provisions Governing your Use of The Mind Diaries Website

The Mind Diaries is an online site and has its principal place of business at New Delhi, India. Please note that these Terms & Conditions apply to all Users of the Website, including Users who are also contributors of content, information, and other materials or services on the Website.

Links to Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by The Mind Diaries. The Mind Diaries has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, The Mind Diaries will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve The Mind Diaries from any and all liability arising from your use of this Website and any third party website as described above.

The Mind Diaries will not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any such products or services.

Use of Website

Access to the website is only for personal, non-commercial use. The user undertakes not to alter, modify or change any part of the Website without prior written authorisation from the website. Any unauthorised or illegal access to the website is strictly prohibited and may lead to legal action by The Mind Diaries. The contents of the Website represent the personal opinions of the authors; the Website does not subscribe to the views of the authors and does not in any way confirm or deny the opinion expressed therein, and these shall not be treated as the opinions of The Mind Diaries.

The Mind Diaries hereby grants you permission to use the Website as set forth in these Terms & Conditions, provided:

your use of the Website as permitted is solely for your personal, non- commercial use;

you will not copy or distribute any part of the Website in any medium without The Mind Diaries’ prior written authorisation;

you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and you will otherwise comply with the terms and conditions of these Terms & Conditions.

Registration and Security

To access some features of the Website, you may, in the future, have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Mind Diaries immediately of any breach of security or unauthorised use of your account. Although The Mind Diaries will not be liable for any losses caused by unauthorised use of your account, you may be liable for the losses to The Mind Diaries or others due to such unauthorised use. In consideration of your use of the Website and services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Website and/or the services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorised use of your password or user name or any other breach of security; and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of another person without appropriate authorisation. The Mind Diaries reserves the right to refuse registration of, or cancel a User ID in its discretion.

The Website, including the services provided on the Website, are for the personal use of users only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by The Mind Diaries. Illegal and/or unauthorised use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorised use of The Mind Diaries services.

Content Not to be Construed as Medical Advice

The content presented on the website is for informational and educational purposes only. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. This site does not provide medical advice and is not a substitute for professional advice, diagnosis, or treatment. This website does not endorse any medical treatment, specific tests, physicians products, or procedures. For any issues relating to your specific medical condition, you should seek the advice of your physician or other qualified healthcare provider. Nothing on this site should be construed as a substitute for personalised care from a qualified healthcare professional. Neither The Mind Dairies nor its published contributors shall be responsible for any treatment or action taken by the user based on the information provided on http://www.theminddiaries.com.

Intellectual Property Rights and Re-transmission of Information

The Mind Diaries, as well as the design and information contained in this Website is the valuable, exclusive property of The Mind Diaries, and nothing in these Terms & Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. Content on the Website, including the trademarks, service marks, and logos, are owned by or licensed to The Mind Diaries, subject to copyright and other intellectual property rights under Indian law and conventions. Content is provided to you for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and The Mind Diaries.

You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share The Mind Diaries, any part thereof, or any of the software, application or information received or accessed there from to or through any other person or entity unless separately and specifically authorised in writing by The Mind Diaries prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of The Mind Diaries without prior written authorisation.

The Mind Diaries reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

Domain Name/Trademark

The Mind Diaries is a proprietary registered domain name. The combination of The Mind Diaries graphic and lettering depicted at the top of the Website homepage is a Trademark and cannot be used without The Mind Diaries’ express permission.

Copyright

Subscriptions

To order the online Magazine, our website will guide you through the subscription process. Before completing your order, you will be given the opportunity to review and amend it. Please ensure that you have checked your order carefully before submitting it. Subscriptions will start with the next available issue of the online Magazine.

You will get an email confirmation regarding your subscription. In the unlikely event that we do not accept or cannot fulfill your order for any reason, your payment will be refunded to you within 14 days using the same payment method that you used when placing the order.

The information you provide for the subscription must be accurate and complete. If any of your information changes at a later date, please ensure that you keep us up-to-date. We will not be responsible for failure to deliver if the details you have supplied us with are incorrect.

We cannot guarantee that all of the content in our online magazine is appropriate for minors. If you are under 18 years of age, you must obtain your parent or guardian’s permission before ordering a Subscription and only view our content with their supervision.

Prices and Payment

We reserve the right to change prices and to add, alter, or remove special offers as necessary. Changes in price will not affect the existing orders.

We accept payment by credit or debit card on our site. Payment must always be made in advance. Your chosen payment method will be charged when we process your order and send you an email confirmation.

Cancellation & Refund

You may also cancel your online subscription, which will be effective from the next issue of the online magazine. Please note that the right to cancel does not apply to purchases of single issue online magazine.

We may cancel your Subscription at any time, including if the online magazine has been discontinued, or for any event outside our reasonable control. You will be refunded on a pro-rata basis for any issue of the online magazine paid for that you have not yet received or will not receive due to cancellation. If payment has been received it will be refunded to you within 14 days using the same payment method that you used when placing the order. A 2% service charge will be deducted by the payment gateway.

Delays in Services

The Mind Diaries shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide you access to the Website while interruption of the Website due to any such cause shall continue.

Submissions to the Website

You are solely responsible for submitted content including without limitation, information, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, messages, reviews and opinions about products, services, comments to other people’s opinions, blogs, articles, entertainment listings and the like, whether publicly or privately transmitted or posted (“Posts”) on the Website, and any material or information that you transmit to other users for your interactions with other users. The Mind Diaries does not endorse and has no control over Posts. Posts are not necessarily reviewed by The Mind Diaries prior to publication and they do not necessarily reflect the opinions or policies of the Website. The Mind Diaries makes no warranties, express or implied, as to the Posts submitted by users or to the accuracy, completeness, safety, timelines, legality, quality and reliability of the Posts submitted by users or any material or information that you transmit to other Users.

Under no circumstances, we will be liable in any way for any Post, including, but not limited to, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for any errors or omissions in any Post, or for any loss or damage of any kind incurred as a result of the use of any such content posted or uploaded. By posting comments, you agree not to upload, post, or otherwise transmit any matter or views which are threatening, defamatory, abusive, obscene, offensive, illegal, or constitute infringement of others’ rights including intellectual property rights, invade another’s privacy, or are hateful or racially, ethnically, or otherwise objectionable or contrary to public order or national harmony in all relevant jurisdictions. You may also not indulge in cyber stalking, become or create a nuisance for any person or User or download any file posted by another User, that you know, or reasonably should know, cannot be legally distributed in such manner.

The Mind Diaries reserves the right to, but has no obligation to, monitor disputes between you and any entity about which you have created a Post.

In addition to what is stipulated above, the following is a non-exhaustive list of the kind of Post and communications that are illegal or prohibited on/through the Website. The Mind Diaries reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website service and terminating the membership of such violators or blocking your use of The Mind Diaries service and/or the Website.

You may not create Posts that:

are false or intentionally misleading;

are patently offensive to Users of the Website, such as Posts or messages that promote
racism, bigotry, hatred, or physical harm of any kind against any group or individual;

harass or advocate harassment of another person;

involve the transmission of unsolicited mass mailing or ‘spamming’;

promote illegal activities or conduct that is abusive; and

are threatening, obscene, defamatory, or libellous.

Important Usage Conditions and Related Provisions

The Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, The Mind Diaries does not guarantee any confidentiality with respect to any submissions. Further, we assume no responsibility as to the accuracy and authenticity of the content of the User Submissions. However, the User Submissions shall be in accordance with the following guidelines.

You declare and undertake that the User Submission is an original work and that you own the copyright and other relevant licenses, rights, consents, and permissions to use and authorise The Mind Diaries to use.
You retain all ownership rights in your User Submissions.
You grant us a non-exclusive, perpetual, royalty-free, worldwide, sub-licensable and transferable license to republish any material you submit to us in any format, including, without limitation, print and electronic format.
You undertake and confirm that the User Submissions does not contain anything obscene, offensive, defamatory of any person or otherwise illegal.
You agree that the User Submissions is not misrepresentations that could damage The Mind Diaries or any third party.
You agree not to post material including spamming, which is deliberately intended to upset other users.

Disclaimer

You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, The Mind Diaries, its owners, affiliates, group companies, associated entities, officers, directors, employees, consultants, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. The Mind Diaries makes no warranties or representations about the accuracy or completeness of this website’s content, information, software, products, features and services or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from our website; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party; and/or (v) any errors, omissions, interruptions, deletions, defects, delay in operation or transmission in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. The Mind Diaries does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and The Mind Diaries will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Inclusion of any linked website on the website does not imply approval or endorsement of the linked website by The Mind Diaries. When you access these third-party sites, you do so at your own risk. The Mind Diaries takes no responsibility for third party advertisements, which are posted on the website or through The Mind Diaries, nor does it take any responsibility for the goods or services provided by its advertisers. The Mind Diaries is not responsible for the conduct, whether online or offline, of any user of The Mind Diaries. The Mind Diaries assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or member communication, whether based on contract, tort, negligence, strict liability or otherwise. The Mind Diaries is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of The Mind Diaries services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation in connection with The Mind Diaries services. Under no circumstances shall The Mind Diaries be responsible for any loss or damage, including personal injury or death, resulting from use of The Mind Diaries services, attendance at The Mind Diaries event, from any content posted on or through The Mind Diaries services, or from the conduct of any users of The Mind Diaries services, whether online or offline, whether in contract tort or otherwise. The Mind Diaries services are provided ‘as-is’ and as available and The Mind Diaries expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Mind Diaries cannot guarantee and does not promise any specific results from use of the website.

Limitation of Liability

In no event shall The Mind Diaries, its owners, affiliates, group companies, associated entities, officers, directors, employees, consultants, or agents, be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind including but not limited to loss of profits, business interruption and/or loss of information or data whatsoever resulting from any:

errors, mistakes, or inaccuracies of content;

personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website;

unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

interruption or cessation of transmission to or from our website;

bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; and/or

errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available.

The website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that The Mind Diaries shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Mind Diaries makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.

Indemnity

You agree to defend, indemnify and hold harmless The Mind Diaries, its parent corporation, officers, directors, affiliates, associated entities, group companies, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including reasonable attorney’s fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) arising from: (i) your use of and access to the Website; (ii) your violation or non- compliance of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, intellectual property right, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.

We reserve the right to disclosure of any personal information about you and your use of the Website including its contents, without your prior permission if we have a good faith belief that such action is necessary to:

conform to legal requirements or comply with legal process;

protect and defend our rights or property or our affiliated companies;

enforce the Terms & Conditions; or

act to protect the interest of our members or others.

Our performance of these Terms & Conditions are subject to compliance with existing laws, rules, regulations, as may be applicable, and legal processes and nothing contained in these Terms & Conditions are in derogation of our rights to comply with any governmental, court and law enforcement requests or requirement relating to your use of the Website or services or information provided to or gathered by us with respect to such use.

Ability to Accept Terms & Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.

Assignment

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Mind Diaries without restriction.

Governing Law and Arbitration

These Terms & Conditions shall be governed by and construed in accordance with the laws of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at New Delhi, India.

Miscellaneous

You agree that: (i) the section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect; and (ii) nothing in these Terms & Conditions shall be deemed to constitute a partnership or a joint venture between you and The Mind Diaries. Nothing contained in these Terms & Conditions shall constitute you as the agent of The Mind Diaries or otherwise entitle you to have authority to bind The Mind Diaries for any purpose.

These Terms & Conditions together with the Privacy Policy and any other legal notices published by The Mind Diaries on the Website, shall constitute the entire agreement between you and The Mind Diaries concerning the Website. If any provision(s) of these Terms & Conditions are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and The Mind Diaries’ failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. The Mind Diaries reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms.

You and The Mind Diaries agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues, otherwise the cause of action is permanently barred.

Contact

Please contact us with any questions regarding these Terms & Conditions. Please report any violations of the Terms & Conditions to seemakumar@theminddiaries.com

The Mind Diaries (“we”, “us”, “TMD”) is committed to protecting the privacy of the users (“you” / “your” / “yourself”) of its website / software applications offered by theminddiairies.com (collectively, “Applications”) and has provided this privacy policy (“Policy”) to familiarise you with the manner in which TMD uses and discloses your information collected through the Applications.

The terms of the Policy provided herein govern your use of any and all of the Applications and the information accessible on or from these Applications. The Policy also lays down how TMD may collect, use and share any information you provide. TMD reserves the right, at its discretion, to change, modify, add or remove portions of this Policy at any time. TMD recommends that you review this Policy periodically to ensure that you are aware of the current privacy practices.

This Policy shall be construed as provided in compliance with Information Technology Act, 2000 as amended and read with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Collection of Information

1. TMD may collect the following two types of information:

a. “Personal Information”, which shall mean information, which could reasonably be used to identify you personally, such as your name, email address, registration account details, physical address or other relevant personal details; and demographic information, such as gender, pin code or similar information. For the purpose of this policy, sensitive personal data or information has been considered as a part of Personal Information, which may include information such as password, financial information (details of bank account, credit card, debit card, or other payment instrument details).

b. “Non-Personal Information”, which shall mean information that does not identify you or any other individual, and includes session, web beacons and usage data, log data and aggregate information. We use this information to inter-alia deliver our web pages to you upon request, to tailor our Application/website to the interests of our users, to measure traffic within our Application/website, to improve the Application/website quality, functionality and interactivity and let advertisers know the geographic locations from where our visitors come.

c. TMD may install cookies or other similar data collection software in your computer system/device for such purpose and you hereby consent to the same. We may use “cookies”, beacons 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. 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.

2. You represent that the information or data you provide from time to time is and shall be correct, current and updated and you have all the rights, permissions and consents to provide such information or data. Your providing the information or data and TMD’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, judgments, orders or decrees.

Use of Information

1. You may need to provide TMD with your Personal Information while registering yourself on any of the Applications. The information so provided by you to TMD or otherwise captured by TMD may be used for a number of purposes connected with TMD’s business operations, which may include the following:

a. Processing orders or applications

b. Provisioning of services, testing or improvement of services, recommending various products or services including those of third parties

c. Dealing with requests, enquiries and complaints, customer services and related activities

d. Marketing products and services of TMD and its analysis

e. Responding to your queries and fulfilling your requests for information regarding the Applications

f. Notifying you of any new offers or services of TMD and sending you important information regarding the Applications, changes to any of TMD’s policies and/or other administrative information

g. Keeping you informed about the latest content available on the Applications and special offers with respect to the same

h. Sending you surveys and marketing communications that TMD believes may be of interest to you

i. Conducting internal reviews and data analysis for the Applications

j. Personalising your experience while using the Applications by presenting advertising, products and offers tailored to you

k. If you wish to subscribe to any content package or service offered by TMD through the Applications, for completing your purchase. (For example, to have your payments processed, communicate with you regarding your purchase and provide you with related customer service)

l. Improving the services, content and advertising on the Applications

m. Protecting the integrity of the Applications

n. Responding to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law

2. Your Personal Information will be kept confidential to the maximum possible extent and will be used to support your relationship with TMD, to notify you of any updated information and new activities and other related functions offered by TMD. Any personally identifiable information provided by you will not be considered as sensitive if it is freely available and / or accessible in the public domain. Further, any comments, messages, blogs, scribbles, etc. posted / uploaded / conveyed / communicated by users on the public sections of the Application becomes published content and is not considered personally identifiable information subject to this Policy.

3. TMD may use Personal Information to verify whether you are entitled to access and use the Applications and the products and services made available through the Applications. This Personal Information may also be used to enable TMD to enhance your experience of the Applications.

4. Further, with respect to Non-Personal Information automatically collected and stored in files, TMD uses this information to understand and analyse trends, to administer the Applications, to learn about user behaviour on the Applications, and to gather demographic information about the user base as a whole. TMD may use this information in its marketing and advertising services. TMD may also use such information to measure traffic patterns on the Applications. As Non-Personal Information does not personally identify you, TMD may use and disclose Non-Personal Information for any purpose.

Disclosure

1. TMD does not sell or rent Personal Information. Personal Information may be disclosed under the following circumstances:

a. TMD may disclose your Personal Information to its affiliates, group companies, consultants, vendors and contractors who provide various services including, contact information verification, payment processing, customer service, website hosting, data analysis, infrastructure provision, IT services, and other similar services, under confidentiality restrictions, in order to enable such vendor and service providers to provide the services subscribed to by you.

b. TMD may provide your information or data to its partners, associates, advertisers, service providers or other third parties to provide, advertise or market their legitimate products and/or services, which may be of your interest. You will have the choice to ‘opt out’ of such marketing or promotional communications at your will.

c. As necessary or appropriate: (a) in any manner permitted under applicable law, including laws outside your country of residence; (b) to comply with legal process whether local or foreign; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce TMD’s terms and conditions; (e) to protect TMD’s rights, privacy, safety or property, and/or that of TMD’s affiliates, you or others; and (f) to allow TMD to pursue available remedies or limit the damages that TMD may sustain.

d. We may disclose to third party services certain personally identifiable information listed below:

i. Information you provide us such as name, email, mobile phone number.

ii. Information we collect as you access and use our service, including device information, location and network carrier.

e. This information is shared with third party service providers so that we can:

i. Personalise the app for you.

ii. Perform behavioural analytics.

2. Your consent being part of the terms and conditions through which TMD provides you with a service. Your consent to collecting Personal and Non-Personal Information may be implicit or implied or through course of conduct.

3. Application may present display advertising and may collect data about traffic via Google Analytics or any equivalent analytical tool, Demographics and Interest Reporting.

Information Security and Storage

1. TMD uses reasonable security measures, at the minimum those mandated under the Information Technology Act, 2000 as amended and read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, to safeguard and protect your data and information. TMD implements such measures, as stated above, to protect against unauthorised access to, and unlawful interception of, Personal Information. You accept the inherent security implications of providing information over Internet / cellular / data networks and will not hold TMD responsible for any breach of security or the disclosure of Personal Information unless TMD has been grossly and wilfully negligent.

2. Your information or data will primarily be stored in electronic form. However, certain data can also be stored in physical form. TMD may store, collect, process and use your data in countries other than the Republic of India but under full compliance with applicable laws. TMD may enter into agreement with third parties (in or outside of India) to store your information or data. These third parties may have their own security standards to safeguard your information or data and TMD will on commercial reasonable basis require such third parties to adopt reasonable security standards to safeguard your information / data.

3. Notwithstanding anything contained in this Policy or elsewhere, TMD shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond the reasonable control of TMD and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.

Third Party Websites, Applications and Services

The Application / website may include links to other websites/applications. Such websites / application are governed by their respective privacy policies, which are beyond our control. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the website / application you are visiting. That policy may differ from ours. If you can’t find the privacy policy of any of these websites / application via a link from the website’s homepage, you should contact the website / application directly for more information.

Access, Correction and Deletion

TMD provides you with all information that TMD maintains about you such as the transaction and contact information upon proper verification. This may be provided to you on request, in case you experience any doubts. You may request access and/or correct the information TMD has collected from you by contacting TMD at seemakumar@theminddiaries.com. If you wish to have the information or data that you have provided to TMD deleted, you can always do so by sending a request to us on the e-mail id. You may note that correction or deletion of certain information or data may lead to cancellation of your registration with the Application(s) or your access to certain features of the Application(s). You also agree and acknowledge that certain data or information cannot be corrected or deleted or prohibited to be deleted as required under any applicable law, law enforcement requests or under any judicial proceedings.

If you have questions or concerns about this Policy, please contact TMD at seemakumar@theminddiaries.com

Our Terms & Conditions