Terms & Conditions

When becoming a member of Power to Me, you agree to the following terms.

1. INTRODUCTION

1.1 Welcome to powertome.com (the "Site"). The Site is operated by Power To Me, India (P2M).

2. BEFORE USING THE SITE YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY.

  • 2.1 If you do not agree to these Terms, you may not use the Site.
  • 2.2 By using the Site or by clicking a box that states that you accept or agree to these terms and conditions (“Terms”), you;
  • 2.2.1 Warrant that you;
    1. Have satisfied yourself that you are capable of following the advice and directions, instructions and/or recommendations given (“Instruction”).
    2. Are 18 years or older.
    3. Understand the meaning and implications for you of the Terms.
    4. Have the legal capacity and right to enter into the contract with P2M contemplated herein.
    5. Are and will remain financially responsible for use of the Site.
    6. Will observe and comply with the Terms to the fullest extent permitted by law.
  • 2.2.2 Agree to be bound by the Terms. Specifically your acceptance of these Terms creates a legally binding contract between you and P2M and if in doubt as to the meaning or implications for you of any Terms you should first obtain independent legal advice.

3. RESERVATION OF INTELLECTUAL PROPERTY

  • 3.1 All, whether in part or whole, how and whatsoever software enabling, supporting and/or making up; information; materials; functions and other content ("Content") contained on the Site is the property of P2M. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to P2M. P2M may change the Site or delete Content or features at any time, in any way, for any reason without notice to you and without creating any right accruing to you to claim compensation loss and/or other damage whether recoverable by off set or otherwise.
  • 3.2 Nothing herein shall be deemed to constitute the transfer grant licence and/or other conferring of any interest in any whole or part of the Content.
  • 3.3 You undertake not to endeavour or actually to;
    • 3.3.1 Decompile, reverse engineer, disassemble, adapt reduce or otherwise exploit the Content.
    • 3.3.2 Otherwise do any act or thing which is inconsistent with or which is likely in any way to prejudice P2M’s intellectual property rights and/or interests.

4. PERSONAL USE ONLY

  • 4.1 The Site is for your sole and personal use only. You may not use the Site for commercial purposes or in any way that is unlawful, harms or brings into disrepute you, P2M or any other person or entity.
  • 4.2 You may not grant access to the Site and/or information contained on the Site to 3rd parties.
  • 4.3 Except as P2M may at its sole and unfettered discretion specifically agree to in writing, no Content from the Site may be used, whether in existing or as part of a derivative work, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except, provided that you;
    • 4.3.1 Maintain all references to copyright and,
    • 4.3.2 Make no modifications to, nor rent, lease, loan, sell, distribute, copy or create any derivative works, whether in whole or in part, and
    • 4.3.3 Do not use the Content in an unlawful manner or in a manner that suggests an association with any of P2M’s products, services or brands. then but not otherwise, to the extent the Site is configured to enable the download of particular Content, you may download one copy (“Download”) of such Content to a single computer for your personal, non-commercial home use only.
  • 4.4 Any business use, re-mailing or high-volume or automated use of the Site is prohibited
  • 4.5 At the expiry of the Term you will destroy all Download.

5. COMMUNICATIONS

  • 5.1 Any communications whether or not solicited you send submit, post, upload, embed, display, distribute and/or otherwise communicate to, on or through the Site or otherwise to P2M howsoever whatsoever by, with the exception of your name, address and credit card details (“Communication”), are provided on a non-confidential basis, and P2M is under no obligation to refrain from reproducing, publishing or otherwise using them in any way for any purpose. P2M shall be free to use the content of any such communications, including but not restricted to any ideas, inventions, concepts, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), appearances, performances, biographical information, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing of goods or services.
  • 5.2 You agree that any communications you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and P2M in any way, and that you have no expectation of any review, compensation or consideration of any type.
  • 5.3 You hereby grant P2M the exclusive, irrevocable, fully-paid, royalty-free, worldwide license for such maximum period permitted by Law all copyrights and other intellectual and property rights you own to in any manner use, reproduce, transmit, display, exhibit, distribute, create derivative works based upon and otherwise exploit such Communication, in all media formats and channels now known or hereafter devised (including but not limited to the Site, on third party web sites, on all networks and stations) for any and all purposes, all without further notice to you, with or without reference and/or attributing any whole or part to or acknowledging you, and without the requirement of any permission from or payment to you or to any other person or entity.
  • 5.4 By communicating a Communication, you represent and warrant that;
    1. You have the necessary rights, to exploit, and to authorize P2M to exploit, as contemplated above such Communication.
    2. You will immediately upon demand take all such steps as may be required by Law to more fully and completely vest all intellectual and property rights in the relevant part or whole of the Communication in P2M.
  • 5.5 You hereby appoint P2M as your attorney with full power to enter into and execute any document and/or to otherwise perform any act or omission reasonably necessary to better perfect the foregoing.

6. ACCOUNTS

  • 6.1 The Site may from time to time permit or require you to create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as and when prompted by the Site (“Data”). You shall not misrepresent your identity. You also agree to promptly notify P2M of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account at the end of each session.
  • 6.2 You agree P2M may, whether with or without notice to you, suspend or terminate your account and your ability to use any whole or part of the Site if in P2M’s reasonable opinion you fail to comply with any whole or part of these Terms.

7. PUBLIC FORUMS

  • 7.1 "Public Forum" means such (if any) area, sub-site or feature from time to time at P2M’s sole and unfettered discretion offered as part of the Site that provides the opportunity for you and other members to post Communications for viewing by one or more Site users, including a chat area, message board and/or the such like.
  • 7.2 You acknowledge that;
    1. Public Forum and features offered therein are for public communications, and you have no expectation of privacy with regard to any posting. P2M does not guarantee the security of any information you disclose and you make such disclosures entirely at your own risk and accept sole and full responsibility for the consequences thereof.
    2. P2M is not responsible for, and does not endorse, the content of any Communications posted or sent by 3rd parties in any Public Forum and has no liability in connection therewith, nor owes you any obligation, and may take any action with respect to anything you do or endeavour to post at any time, for any or no reason as P2M, in its absolute and sole and absolute discretion without prior notice decides.
    3. P2M has no duty to monitor, police, enforce any Rules and/or Terms in respect of any Public Forum.
    4. Such (if any) Public Forum shall be governed by such Rules of Conduct (“Rules”) as P2M sees fit and with which you agree to comply with as a pre condition to the use thereof.

8. DISCLAIMERS

  • 8.1 You acknowledge and agree;
    1. Subject to India law (“law”), the content, the site or any third party site(s) linked to and/or from the site is provided "as is" and without warranties of any nature.
    2. To the greatest extent permitted by law;
      1. P2M disclaims all conditions and warranties, express or implied, including, those of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility and non-infringement.
      2. You hereby irrevocably waive any claim against P2M with respect to content and any communication you provide (including credit card and other personal information).
    3. P2M does not warrant or make any representation;
      1. That any content will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the site or the servers that make the content available are free of viruses or other harmful elements and where such is a problem you assume the entire cost of all necessary servicing, repair and/or correction.
      2. Regarding the use or the results of the use of any content.
    4. The Content is not intended to be a substitute for professional advice and/or diagnosis.
    5. Reliance on any information appearing on the Site and/of Instructions, is strictly at your own risk.

9. INDEMNIFICATION

  • 9.1 You are responsible for maintaining the confidentiality of your username(s), password(s), and Data as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold P2M and its agents, representatives, other authorized users and respective officers, directors, owners, employees, agents, representatives and assigns thereof (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

10. LIMITATION OF LIABILITY

  • 10.1 Subject to law, under no circumstances whatsoever howsoever, including negligence, shall P2M and/or any one or more of the other indemnified parties be liable to you for any direct, indirect, incidental, special and/or consequential damage and/or loss of any nature whatsoever, including but not limited to that resulting from ;
    1. The use of, or the inability to use, the site or content, or
    2. The conduct or actions, whether online or offline, of any other person.
    3. An act of force majeure or causes beyond P2M or their reasonable control
    if notwithstanding the provisions hereof P2M and/or any other indemnified parties shall ever be held in any court of law liable to you and/or for any reason P2M shall concede admit and/or accede to liability it is agreed that notwithstanding same, in no event shall P2M’s and other indemnified parties total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, or ₹4224 (whichever is the less)

11. JURISDICTIONAL AND VENUE ISSUES

  • 11.1 You agree that;
    1. This contract was entered into at and any action at law or in equity arising out of or relating to these Terms or the Site shall be properly filed, only in courts located in India, and you hereby consent and submit to the sole and absolute to the exclusion of all others, jurisdiction of such courts for the purposes of litigating any such action.
    2. P2M makes no representation that the Content on the Site is appropriate, legally compliant and/or otherwise suitable for use in any particular jurisdiction and/or location.
    3. If you access the Site, you do so on your own initiative and are solely and absolutely to P2M’S exclusion, responsible for compliance with all applicable laws including any applicable local laws.
    4. The Site may provide links or reference to other sites, but P2M has no responsibility for the Content of such other sites and shall not be liable for any damages or loss arising from that Content. Any links to other sites are provided merely as a convenience to the users of the Site and no representations are made concerning same.
    5. To the extent permitted by law, you agree that any cause of action you may have arising out of or related to these terms or this site must commence within one (1) month after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

12. AMENDMENT

  • 12.1 Subject to Law, P2M may at any time with or without notice to you, amend these Terms (including by modification, deletion and/or addition of any whole or portion thereof). Any such amendment to these Terms of use will be effective immediately. You are responsible for;
    1. Staying abreast of developments and changes in these Terms.
    2. Updating your data.
  • 13. TERMINATION & REFUNDS

    • 13.1 These Terms are effective until terminated by either you or us. You may terminate these Terms at any time by discontinuing use of the Site and destroying all Download and all content, whether made under these Terms or otherwise.
    • 13.2 Termination shall not;
      1. Entitle you to a refund in whole or part of any membership fee paid.
      2. Relieve you from liability to pay any membership fee payable in the terms hereof.
    • 13.3 A 30 day refund gaurantee is applicable to 24 month one off payments only. When requested within the first 30 days of membership, a refund will be processed for the full amount paid by the member. This process can take 14 days to complete. Per month memberships require member to opt out of membership via the admin area to stop future payments.
    • 13.4 P2M may terminate, regulate, suspend, cancel and/or vary your membership rights and terms hereof at any time and at their sole, unfettered and absolute discretion.

    14. GENERAL PROVISIONS

    • 14.1 If any provision of these Terms shall be unlawful, void, or for any reason unenforceable whether in whole or part, then that provision shall be at P2M’s unfettered and absolute discretion deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. In the eventuality of severance of any provision you agree that P2M may substitute such other term and/or provision as in its sole and unfettered discretion achieves the same or similar effect without being unlawful, void and/or unenforceable. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and P2M’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

    15. PRIVACY

    • 15.1 If you choose to give us personal information, such as your name, address or e-mail address and/or other Data, this information may be used for debt collection, the marketing and promotional purposes by P2M, such as catalogue mailings, announcement of new products / services and limited time discount offers and other purposes as P2M sees fit. P2M will not however rent, sell, or distribute this information to other companies.
    • 15.2 P2M adheres to the Direct Marketing Association's guidelines for allowing consumers to voluntarily opt out of database mailing lists and P2M has established procedures for removing your name and address from any mailings made by P2M in the future, if you so request. The Direct Marketing Association refers to this process as "voluntary opt out" option for consumers. 15.3 You may request to have your name removed from any future mailings, including catalogs, new product / services announcements, special discount limited time offers, by advising P2M by one of the following avenues.
      1. E-mail: support@powertome.com
      2. 15.6 Mail: TBC

    16. CANCELLATION

    • 16.1 After the Initial Membership Term (“IT”) concludes your membership may at P2M’s sole and unfettered discretion be without notice to you automatically renewed for a further term of the same duration as the IT and may at P2M’s sole and unfettered discretion without notice to you, continue to be renewed thereafter at the end of each such preceding term. Each renewal whether or not notified to you and/or whether or not of which you could otherwise reasonably be expected to have become aware, will render you liable for a further membership fee.
    • 16.2 Members are entitled to cancel membership at any time. However, cancellation will not become effective until the end of the then current term in which the cancellation takes place. P2M will not provide any refund of any membership fee whether pro rata or otherwise. You remain responsible for meeting all membership fees for the IT and all succeeding terms your membership is renewed for through to the end of the then current term during which P2M receives notice (in the manner specified hereunder) of cancellation.
    • 16.3 Notice of cancellation must be received by P2M no less than fourteen (14) days prior to the end of your then current membership. P2M takes no responsibility for the effectiveness, transmission and/or actual receipt by us of any communication of cancellation and you will remain a member until we actually receive or you can prove through some fault of P2M we did not, but should have received, that.
    • 16.4 You may cancel your membership by email or letter:
      1. By email: send an email to cancellations@powertome.com. In the body of your email state your first and last name, your email address (that you use to login), and intent to cancel. Please note: We may not open your email if it contains an attachment.

    17. TRIAL PERIOD

    • 17.1 You may cancel your P2M membership within 28 days (620 hours) of your IT Commencing (please note that this offer is not applicable for 1 Month memberships) in which eventuality provided P2M has first received cleared payment of your membership fee, your credit card will be refunded the membership amount excluding an Early Termination Fee (ETF) of $10.00. After this initial 28-day period (672 hours), you may at any time cancel your membership but no refund of any whole or part of your membership fee will be payable and/or refundable by P2M.

    18. FEES

    • 18.1 All membership fees are payable in respect of the IT at the time of joining and thereafter for all succeeding membership terms for the full period thereof immediately upon renewal. For this purpose and no other you hereby;
      1. Irrevocably direct and authorise all and every credit card company, banker and/or other finance provider the details of which you provided at the time of membership application as the conduit and/or source of payment of all membership fees to continue to make payment of such fees and P2M accordingly.
      2. Irrevocably direct and appoint P2M for the duration of your membership as your Attorney with full power and authority to in your name undertake every such act and/or omission as shall be reasonably desirable in the opinion of P2M to facilitate the payments contemplated herein.
      3. Acknowledge and confirm that except where you can show manifest error that P2M’s certificate as to the amount owing to P2M under this agreement shall be conclusive and binding as against you.

    19. CURRENCY

    • 19.1 All amounts referred to herein are in Indian Rupees and you agree to make all payments in that currency and to meet in addition to all other sums payable hereunder all currency exchange fees and charges incurred by P2M in receiving any payment not received in India Rupees.
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