Terms of Service
THE ONE SIXTH SENSE TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY ("TERMS AND CONDITIONS") BEFORE ACCESSING ANY WEBSITE AND/OR APPLICATION OF PAHADI STORY PRIVATE LIMITED THROUGH THE LINK https://theonesixthsense.com/, APPLICATION AND/OR OTHER MEDIA PLATFORM ("WEBSITE"). IT CONTAINS THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE AND ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, AUDIO, VIDEO OR PHOTOGRAPHS ETC. ("MATERIALS") THAT PAHADI STORY PRIVATE LIMITED ("THE ONE SIXTH SENSE") MAY MAKE AVAILABLE THROUGH THE WEBSITE AND ANY SERVICES THAT THE ONE SIXTH SENSE MAY PROVIDE THROUGH THE WEBSITE. PLEASE DO NOT USE THE WEBSITE OR TRANSACT ON THE WEBSITE IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS PROVIDED BELOW.
ACCEPTANCE
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under, as applicable and amended from time to time, pertaining to the electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
INTRODUCTION
Welcome to THE ONE SIXTH SENSE Website.
In using the Website, you are deemed to have accepted the Terms and Conditions listed below. Usage of the Website shall be construed as your consent for receiving calls and messages including marketing and promotional calls and messages, autodialed and/or pre-recorded messages, from THE ONE SIXTH SENSE at any time, on the telephone number / contact information that may be provided by you. You hereby unconditionally consent that such communications via SMS, WhatsApp and/ or voice call is (a) upon your request and authorization, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
SCOPE OF THE ONE SIXTH SENSE WEBSITE
The Website is a technology-based platform through which THE ONE SIXTH SENSE, on a non-exclusive and principal-to-principal basis, sells its products ("Products"). The sale of Products by THE ONE SIXTH SENSE to you is therefore subject to these Terms and Conditions. THE ONE SIXTH SENSE reserves the right, in its sole and absolute discretion, to refuse, suspend, or terminate selling any of the Products to any person as it may deem fit.
YOUR ACCOUNT AND PLACING OF ORDER
All products and information displayed on the Website constitute an "invitation to order". Your order for purchase constitutes your "order" which shall be subject to written acceptance of the same by THE ONE SIXTH SENSE and these Terms and Conditions. If you have supplied THE ONE SIXTH SENSE STORY with your email address, THE ONE SIXTH SENSE may notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and thereafter process the order.
USERS ELIGIBILITY
Use of the Website is available only to a duly constituted legal entity or an adult individual who is competent to contract under the prevailing laws of India. Persons who are deemed "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If your age is below 18 years old, your parents or legal guardians can transact on your behalf, if they are registered users.
THE ONE SIXTH SENSE reserves the right to terminate your membership and refuse to provide you with access to the Website if THE ONE SIXTH SENSE discovers that you are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by THE ONE SIXTH SENSE for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms and Conditions.
ACCOUNT AND REGISTRATION OBLIGATIONS
"Your Information" is defined as any information you provide to THE ONE SIXTH SENSE in the registration, buying process, in the feedback area or through any e-mail feature. THE ONE SIXTH SENSE will protect your Information in accordance with our Privacy Policy which can be accessed at https://theonesixthsense.com/ If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. THE ONE SIXTH SENSE shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password, you should notify THE ONE SIXTH SENSE by contacting THE ONE SIXTH SENSE immediately through the address provided below. If THE ONE SIXTH SENSE has reason to believe that there is likely to be a breach of security or misuse of the Website, THE ONE SIXTH SENSE may require you to change your password or THE ONE SIXTH SENSE may suspend your account without any liability to THE ONE SIXTH SENSE.
You also agree to provide true, accurate, current/updated and complete information about yourself as requested by THE ONE SIXTH SENSE in its registration form. If THE ONE SIXTH SENSE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, THE ONE SIXTH SENSE has the right to indefinitely suspend or terminate your registration and refuse to provide you with access to the Website.
FEES AND SERVICES
THE ONE SIXTH SENSE does not charge any fee for browsing on the Website. THE ONE SIXTH SENSE may at its sole discretion introduce new Products and modify some or all of the existing Products offered on the Website. In such an event, THE ONE SIXTH SENSE reserves the right to introduce product price for the new Products offered or amend/introduce product price for existing Products, as the case may be. Changes to the fee policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
OUR PRODUCTS
All Products offered by THE ONE SIXTH SENSE are described and pictured as completely and precisely as possible and in good faith. Despite all our precautions, THE ONE SIXTH SENSE cannot be held liable for possible errors and/or omissions and you acknowledge that the Product delivered to you may vary from the Product displayed and pictured on the Website. The Products available on the Website, and the samples, if any, that THE ONE SIXTH SENSE may provide you, are for your personal and/or professional use only. The Products, or samples thereof, which you may receive from THE ONE SIXTH SENSE, shall not be sold or resold for any/commercial reasons.
In case any Products purchased or received causes side effects or does not suit you, please note that THE ONE SIXTH SENSE is in no manner responsible for any side-effects. You should carefully read the individual terms and conditions in relation to the Products and use it at your own risk.
The Products are not intended to diagnose, cure, treat or prevent any diseases and should not be used as substitutes for a varied diet.
PRICING INFORMATION
While THE ONE SIXTH SENSE strives to provide accurate Product and pricing information, pricing or typographical errors may occur. THE ONE SIXTH SENSE cannot confirm the price of a Product until the order is confirmed. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, THE ONE SIXTH SENSE shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. In the event that an item is mis-priced, THE ONE SIXTH SENSE may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the Product ordered by you has been dispatched, your offer will not be deemed accepted and THE ONE SIXTH SENSE will have the right to modify the price of the Product and contact you for further instructions using the email address provided by you during the time of registration, or cancel the order and notify you of such cancellation. If THE ONE SIXTH SENSE has to cancel the order after THE ONE SIXTH SENSE has processed the payment, the said amount will be reversed back to you.
PAYMENT PROCESS
Payments for the Products available on the Website may be made through the various payment modes available on the Website. You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from THE ONE SIXTH SENSE and you agree to bear any and all applicable taxes.
FRAUDULENT OR DECLINED TRANSACTIONS
THE ONE SIXTH SENSE reserves the right to recover all costs incurred or suffered by THE ONE SIXTH SENSE on account of fraudulent use of the Website including without limitation the cost of Products, collection charges, cancellation charges, delivery charges and lawyers' fees. THE ONE SIXTH SENSE reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.
YOU SHALL NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES:
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the Website.
Breaching any applicable laws.
Interfering or disrupting networks or websites connected to the Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
deleting or modifying any content on the Website, including but not limited to any information regarding the Products, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
to Decompile, reverse engineer, or disassemble the content on the Website;
Making false or malicious statements against the Products, the Website or us;
SHIIPPING, REFUNDS AND CANCELLATION
The Shipping, refunds and cancellation in respect of the Products shall be subject to the terms and conditions as set out in the Shipping, Refunds and Cancellation Policy on the website. These Terms and Conditions shall be read with the Shipping, refunds and cancellation policy.
USER SUBMISSIONS
Certain areas of the Website may permit you to submit feedback, information, data, text, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to THE ONE SIXTH SENSE an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that THE ONE SIXTH SENSE deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). THE ONE SIXTH SENSE reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. THE ONE SIXTH SENSE may also disclose your name in its clients' list/credentials for reference purposes. THE ONE SIXTH SENSE may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. THE ONE SIXTH SENSE is not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse any User Submissions for any reason. THE ONE SIXTH SENSE is not responsible for any loss, theft, or damage of any kind to any User Submissions. THE ONE SIXTH SENSE does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that THE ONE SIXTH SENSE will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. THE ONE SIXTH SENSE does not guarantee that you will have any recourse through THE ONE SIXTH SENSE or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to THE ONE SIXTH SENSE the rights in your User Submissions described herein;
you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
your User Submissions does not deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
your User Submission does not threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;
any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
your User Submission does not violate any Law;
your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another's privacy;
you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
your User Submission does not incorporate materials from a third-party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
your User Submission is not in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game, or any illegal loan, or betting.
COPYRIGHT & TRADEMARK
THE ONE SIXTH SENSE expressly reserves all intellectual property rights in all the Materials, text, photographs, images, illustrations, designs, icons, programs, video clips, products, processes, technology, content and any other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of THE ONE SIXTH SENSE or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to THE ONE SIXTH SENSE. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of THE ONE SIXTH SENSE. You may not modify, distribute or re-post anything on this Website for any purpose. The contents and software on this Website may be used only as a shopping resource.
The compilation (meaning the collection, arrangement, and assembly) of all contents on this Website is the exclusive property of THE ONE SIXTH SENSE and is also protected by Indian and International copyright laws.
THE ONE SIXTH SENSE's names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of THE ONE SIXTH SENSE online store. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT
THE ONE SIXTH SENSE respects the intellectual property rights of others. Accordingly, THE ONE SIXTH SENSE has a policy of removing User Submissions that violate copyright law, suspending access to the Website (or any portion thereof) to any user who uses the Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Website, please provide written notice to the following THE ONE SIXTH SENSE officer for notice of claims of infringement:
Attention: Desha Yadav (Director)
deshayadav165@gmail.com
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow THE ONE SIXTH SENSE to locate that material; (d) contain adequate information by which THE ONE SIXTH SENSE can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to THE ONE SIXTH SENSE designated agent, as they will be deleted upon receipt.
DISCLAIMERS AND LIMITATION OF LIABILITY
The Website and the Products are provided "AS IS" and "WITH ALL FAULTS" without any warranties or guarantees. You must bear the risks associated with the use of the Website and the Products. Any information provided on the Website is solely for your convenience and while THE ONE SIXTH SENSE tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. THE ONE SIXTH SENSE will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
You understand and agree that any Material or data downloaded or otherwise obtained through the website is done entirely at your own discretion and risk and you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. THE ONE SIXTH SENSE shall not be liable for any errors or omissions with respect to any information provided to you whether on behalf of itself or third parties.
THE ONE SIXTH SENSE shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services, its Products and / or this Terms and Conditions.
Notwithstanding anything contained in these Terms and Conditions, the total, aggregate and cumulative liability of THE ONE SIXTH SENSE to you for all liabilities arising out of this Terms and Conditions or in terms of tort or contract or otherwise, howsoever arising is limited to the value of the Product ordered by you.
THE ONE SIXTH SENSE makes no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, THE ONE SIXTH SENSE assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
FORCE MAJEURE
In the event THE ONE SIXTH SENSE is delayed or prevented in whole or in material part from performing its obligations under this Terms and Conditions as a result of any cause which is reasonable beyond THE ONE SIXTH SENSE Y's control, the obligations of THE ONE SIXTH SENSE shall be excused during such period.
WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil and/or criminal liability. THE ONE SIXTH SENSE will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
ELECTRONIC COMMUNICATIONS
When you visit the Website, or send emails THE ONE SIXTH SENSE, you are communicating with THE ONE SIXTH SENSE electronically. You consent to receive communications from THE ONE SIXTH SENSE electronically THE ONE SIXTH SENSE will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MODIFICATION OF USER AGREEMENT
THE ONE SIXTH SENSE may at any time modify these Terms and Conditions without any prior notification to you. Subsequent to any modification of these Terms and Conditions, THE ONE SIXTH SENSE will inform you of the modifications in these Terms and Conditions via email at the address provided by you while registering on the website. You can access the latest version of these Terms and Conditions at any given time on the Website. You should regularly review these Terms and Conditions on THE ONE SIXTH SENSE. In the event the modified Terms and Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the services, you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions.
ACCESS OUTSIDE THE REPUBLIC OF INDIA
THE ONE SIXTH SENSE makes no representation that the content on the Website is appropriate to be used or accessed outside the Republic of India. Your use of or access to the Website from outside the Republic of India is at your own risk and you are responsible for compliance with the laws of such jurisdiction.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the applicable laws of India. The Courts at Lucknow, Uttar Pradesh shall have exclusive jurisdiction in any proceedings arising out of the use of Website, these Terms and Conditions.
Any dispute or difference either in interpretation or otherwise, of any terms of this these Terms and Conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by THE ONE SIXTH SENSE and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. Either Party shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. The arbitration shall be held in Lucknow.
INDEMNITY
You agree to defend, indemnify and hold harmless THE ONE SIXTH SENSE, its employees, executives, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to THE ONE SIXTH SENSE or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms and Conditions or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. This clause shall survive the expiry or termination of these Terms and Conditions.
TERMINATION
This Terms and Conditions is effective unless and until terminated by either you or THE ONE SIXTH SENSE. You may terminate this Terms and Conditions at any time, provided that you discontinue any further use of this Website. THE ONE SIXTH SENSE may terminate this Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to THE ONE SIXTH SENSE. Upon any termination of this Terms and Conditions by either you or THE ONE SIXTH SENSE, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. Any such termination of these Terms and Conditions shall not cancel your obligation to pay for the Product already ordered from the Website or affect any liability that may have arisen under the Terms and Conditions.
ENTIRE AGREEMENT
Except where additional terms and conditions are provided which are product specific, these Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of THE ONE SIXTH SENSE you agree to be bound by the Terms and Conditions.
GENERAL
The failure of THE ONE SIXTH SENSE to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of THE ONE SIXTH SENSE and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the Website. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or THE ONE SIXTH SENSE. These Terms and Conditions, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Sesa Care without restriction.
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
CONTACT DETAILS:
You may contact us at:
Desha Yadav
Director
customersupport@theonesixthsense.com