Trivarna Hariharan, having a business address at New Delhi-110077 (hereinafter also referred to as “Company/ we/ our/ us”) operates www.trivarnahariharan.com (“Website”) and provides online creative writing portal and school and other services mentioned thereto.

These Terms and Conditions are designed to govern your use of our website and Services when show your interest. By accessing or browsing our website, you are acknowledging your consent and commitment to complying with these Terms and Conditions. Please take a moment to thoroughly read and understand the provisions outlined here, as they dictate your rights and obligations when interacting with our platform.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, WE KINDLY REQUEST THAT YOU REFRAIN FROM USING OUR WEBSITE.

ACCEPTANCE OF OTHER TERMS AND POLICY

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time to time (“Policies”).

EMAIL COMMUNICATION

By using the Website, you understand that we may send you communications or data regarding our Services. You agree to receive such communications from us.

Unless such email is necessary to provide you with information related to a Service, we will give you the opportunity to opt out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.

You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with the Company. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

PRIVACY AND DATA

We will not intentionally disclose any personally identifying information about you to third parties, except where we, in good faith, believe such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of our Privacy Policy.

Members signing up for the Website are opting in to receive newsletters through emails/notifications from the Website. If you do not wish to receive these emails, you may opt-out anytime.

NO REFUND POLICY

Except as provided herein, all purchases are deemed final and non-refundable. Notwithstanding the foregoing, in the event that Wildflowers are Prayers, the Company, organizers, and tutors are unable to conduct any scheduled classes, workshops, events, or features of the group/portal, or suspend such activities without rescheduling or reorganizing them for a future date, a refund shall be initiated and provided to all clients for the duration of the unfulfilled services. This provision shall only apply to circumstances where the services are entirely inaccessible during the specified period.

In light of the exclusive nature of our community, events and workshops: where each membership and purchase confers a limited seat allocation - no refunds shall be issued.

This policy of non-refundability is explicitly delineated within our formal refund and cancellation policy documentation, as well as conspicuously disclosed on our Sales page, hereby incorporated by reference. Users are strongly advised to thoroughly acquaint themselves with these terms prior to any transaction.

USE OF WEBSITE

We are not responsible for any damages resulting from the use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the Website, (f) not to do or attempt to do any act which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.

GUIDELINES

The community guidelines for Wildflowers are Prayers, and any other general workshops/events held outside of Wildflowers are Prayers are as follows:

1. The community unequivocally prohibits any manifestation of racism, sexism, misogyny, ableism, or colourism. Individuals found contravening this directive shall be subject to immediate expulsion from the group.

2. The community maintains a stringent stance against plagiarism, denoted as the unauthorized appropriation of another individual's intellectual property. Upon detection of plagiarism, offenders will receive two formal warnings. Subsequent transgressions will result in immediate expulsion from the community.

3. The community strictly prohibits the dissemination of spam, encompassing unsolicited solicitations for donations, mass commercial endeavors, and unrelated promotional content. Permissible self-promotion is restricted to content germane to the community's interests.

4. Members are mandated to honor and employ the pronouns preferred by their counterparts within the community.

 5. The act of impersonation, inclusive of the creation or operation of accounts under false pretenses, is expressly forbidden. While the gifting of subscriptions is permitted, proxy management of accounts on behalf of others is proscribed.

6. Community interactions are to be characterized by civility, compassion, and reciprocal aid. Divergent viewpoints are to be acknowledged and accorded due respect.

7. Safeguarding the privacy and safety of community members is paramount. Instances of harassment or discomfort should be expeditiously reported to designated administrators for appropriate action.

8. Members are enjoined from disseminating community content beyond its confines without explicit authorization from the respective creators.

9. The community fosters an environment that celebrates and upholds the diversity of its constituents.

10. Dissemination of deceptive information or propaganda is strictly prohibited. Recalcitrant offenders will receive formal warnings, with persistent violations resulting in immediate expulsion from the community.

11. Verbal abuse, inclusive of the propagation of falsehoods or disparagement of others, is categorically forbidden and shall be met with account suspension and subsequent expulsion from the group.

12. No re-sharing or re-distribution of any original teaching material and creative material/notes is allowed. 

Members are encouraged to promptly report violations of these guidelines for appropriate resolution. For further assistance or inquiries concerning community matters, members may avail themselves of designated administrative channels, including direct messaging or email correspondence.

WEBSITE SECURITY

You agree to use this Website only in accordance with these Terms. In the event that your unauthorized use of this Website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.

 As a user of this Website you undertake:

1. Not use our Website in any way that causes or may cause damage to the Website or impairment of the availability or accessibility of the Website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;

2. Not use our Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;

3. Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Website without our express written consent;

4. Not to knowingly or recklessly contravene, in the course of using this Website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;

5. Not to use this Website to make unauthorised attempts to access or interfere with any of our systems or third-party networks;

6. Not to use this Website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;

7. Not to use this Website for the transmission or posting of any material which is defamatory, offensive or of an abusive, obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this Website for such purpose(s);

8. to inform us immediately of any claim or action against you for any use of this Website and, on request from us, to immediately cease the act complained of.

 We are entitled to 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.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property on the Website, and our workshops, events, communities including but not limited to trademarks, logos, designs, product names, and any copyrighted material, is our exclusive property. You acknowledge that you have no right, title, or interest in any of our intellectual property.

You are expressly prohibited from using our intellectual property of the Website and our workshops, events, communities for any purpose other than what is expressly permitted in these terms and conditions. Any unauthorized use, reproduction, or distribution of our intellectual property is strictly prohibited and may result in legal action. If you believe that your intellectual property rights have been violated by us or by a user of our product and services, please contact us immediately with all relevant details. We will investigate and take appropriate action in accordance with applicable laws and regulations.

The parties acknowledge and agree that any original or creative content shared by the Creator/User on our platform (on the Website, Wildflowers Are Prayers, and any other workshops/events we hold outside of Wildflowers are Prayers) remains the exclusive property and responsibility of the Creator/User. We explicitly disclaims any claims of ownership or legal rights over such content.

The Creator/User retains full legal responsibility and ownership of all works shared on the website, on Wildflowers are Prayers, and any other workshops/events we hold outside of Wildflowers are Prayers including but not limited to intellectual property rights and associated legal liabilities.

Our role is limited to providing assistance in writing, editing, and publication processes, as well as offering feedback on submitted works. We do not assume any responsibility for the IP, copyrights, or legal obligations associated with the content shared by users.

We shall not be held liable for any legal disputes arising from the content shared by users on the platform, including but not limited to disputes with individuals, other members, third parties, or any other entities. By agreeing to these Terms of Service, the Creator/User indemnifies and holds us harmless against any such disputes.

In the event of plagiarism or any other illegal activity related to shared works, the responsibility lies solely with the individual(s) who shared or engaged in such activities on the website, on Wildflowers are Prayers, and/or any other events we hold. We shall be indemnified against any illegal activities committed by members of the platform.

Users are required to share their work ethically and in compliance with all applicable laws and regulations. We disclaim any liability for the actions of users in this regard.

DISCLAIMER OF WARRANTIES

Your use of the Website and/or Services is at your sole risk. The Website and the Services are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Services or Website content, or any reliance upon or use of the Website content or Services.

Without limiting the generality of the foregoing, the Company makes no warranty:

1. That the information provided on this Website is accurate, reliable, complete, or timely;

2. That the links to third-party websites are to information that is accurate, reliable,

complete, or timely;

3. No advice or information, whether oral or written, obtained by you from this Website will

create any warranty not expressly stated herein;

4. As to the results that may be obtained from the use of the Services or that defects in the

Services will be corrected; and

5. Regarding any Services purchased or obtained through the Website.

The inclusion of any Services or offers on the Website at a particular time does not imply or warrant that the Services or offers will be available at any time.

We shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. We do not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Website.

LIMITATION OF LIABILITY

We take no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Services and/or for any breach of these Terms. We will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with these Terms or the Services in any manner.

You agree that, to the fullest extent permitted by applicable law, neither us nor our affiliates, partners, or licensors will be responsible nor liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected. This disclaimer constitutes an essential part of these Terms.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless us, and any of our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of (a) these Terms or the breach of your warranties, representations and obligations under these Terms; (b) the Website content or your use of the Website content; (c) the Services; (d) any intellectual property or other proprietary rights of any person or entity; (e) your violation of any provision of these Terms; or (f) any information or data you supplied to the Website, and/or Company. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide such assurances may be considered by us to be a material breach of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of India and the courts in Delhi, India shall have exclusive jurisdiction over any dispute arising under this Agreement.

NOTICES

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

LEGAL DISPUTES

If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to us at the email address provided in the ‘Contact Us’ clause.

MISCELLANEOUS

These Terms, including any referenced documents and policies, constitute the entire agreement between you and us regarding the use of our Website and Services. It supersedes all prior agreements, understandings, and representations, whether written or verbal.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, it shall be construed in a manner consistent with applicable law to reflect the original intent of the parties, and the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of the website, and our Company.

We shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control.

We reserve the right to modify these Terms at any time. Any changes will be posted on the Website, and it is your responsibility to review these Terms periodically. Your continued use of the Website after the posting of changes constitutes your acceptance of the modified Terms.

The headings used in these Terms are for convenience and reference purposes only and do not affect the interpretation or construction of these Terms.

CONTACT US

In case you have any questions about these Terms and Conditions, please feel free to contact us at trivarnahariharan321@gmail.com.