Terms of Use and Service

These terms of use and service ("Terms") along with the Privacy Policy together constitute a legally binding agreement ("Agreement") between the You and Lmandala Since1700 Private Limited ("Our", "We", "Us") with respect to Your use of Our Platforms.

Please go through these Terms carefully as these Terms read with the Privacy Policy together constitute a binding, legal agreement between Us and You, with respect to Your use of the Platforms.

  1. YOUR APPROVAL
    1. You may accept this Agreement only if (a) You are of the legal age, eligibility and mental capability to form a binding contract, if You are a natural Person; (b) You are lawfully existing and have all the authorizations, permits and allowances to enter into this Agreement and form a binding contract; and (c) You are not legally barred or restricted from accessing the Platform or any part of it.
    2. We do not want any Person to access the Platform if such Person does not understand, approve of or accept each and every term specified in this Agreement. You are requested to read these Terms and Privacy Policy carefully and understand the Agreement before approving, accepting and agreeing to be bound by it.
    3. You will be deemed to have accepted this Agreement by downloading and/ or simply surfing and/ or browsing the Website and/ or any of the Apps, by creating a Registered Account, by uploading, adding, storing and/ or displaying any Content on the Platform, by accessing or downloading any Content from Our Platform, by creating Mandala Tickets, by making any referrals through Our Platform and/ or by earning or using or cashing out TMN Coins.
  2. PROVISION OF SERVICES
    1. All services provided to You through the Platforms are subject to Your acceptance and approval of this Agreement. You are requested not to use and/ or access the Platform and / or any part thereof if You do not approve of, agree with and accept each and every term of this Agreement.
    2. The purpose of the Platform is to create a community of individuals by providing a digital social network (including organization of Mandala Events), enable consummation of deals through creation of Mandala Tickets, facilitate earning of Mandala Coins by solving Mandala Tickets, and helping Premium Members earn a Referral Fee by encashing Mandala Coins.
    3. In order to provide most parts of the Services ("Registrable Services"), We may require You to register on the Platform by providing specific information and creating an account ("Registered Account"). You agree and understand that Registrable Services shall not be provided to You unless You register on the Platform and become a Registered User in the form and manner required by Us.
    4. As a Registered User, You may subscribe to Our Basic Membership or Our Premium Membership in the following manner:
    5. Particulars BasicMembershipPremium Membership
      Membership FeeFreeINR 25,000/-
      Mandala EventsAll AccessAll Access
      Mandala Social NetworkView OnlyAll Access
      Creating Mandala TicketsAll AccessAll Access
      Solving Mandala TicketsAll AccessAll Access
      Referral Fee Redemption25%10%
      Validity30 days1 year
    6. You agree and acknowledge that provision of Registrable Services to You is dependent on the information that You provide to access such Registrable Services and payment of the Membership Fee (as applicable). You shall ensure that all such information provided by You is always true, accurate, complete and updated. Your access to the Premium Membership services shall be subject to payment of the Membership Fee, from time to time.
    7. While some parts of Services are available to Users free of cost, most parts of Services may be provided to the Users at a cost. We reserve the right to amend these Terms and impose a cost on free parts of Services in future. We will use reasonable efforts to give You a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, You access paid parts of Services, cost for such paid Services shall become due and payable by You to Us and We shall have a right to recover the cost for provision of such paid Services to You, from You.
    8. Subject to applicable law, We may stop provision of Services (or any part of Services), permanently or temporarily, to You or to Users generally or may modify or change the nature of Services and/ or these Terms at its sole discretion, without any prior notice to You. Your Use of Services following any such modification shall constitute Your deemed acceptance of this Agreement (or as it may be modified).
  3. SUBSCRIBING TO SPECIFIC SERVICES
    1. The Services will be available to You through the Platform subject to Clause 2.4 above. You will require creating a Registered Account to access services available to a Registered User from time to time. As a Registered User, you will require subscribing to the Basic Membership to access services available to Basic Members. Most Services available to a Basic Member as per Clause 2.4 will be available for a period of 30 (thirty) days only. As a Registered User, you will require subscribing to the Premium Membership to access services available to Premium Members.
    2. In order to subscribe to a Premium Membership, you will require making a Registered Account and paying the Membership Fee, as required by the Platform from time to time. You agree and acknowledge that We reserve the right to choose our Premium Members and have the right to refuse services, cancel memberships, terminate accounts and terminate the rights of Users to access the platform in Our sole discretion. We reserve the right to amend the terms, eligibility criteria and membership rights available to Our Users in future after giving appropriate notice and intimation.
    3. Refund Policy
      1. The Basic Membership and Premium Membership are non-transferable. If any membership is found to being used by any Person other then who it was purchased for, the membership may be cancelled immediately, without refund of any fees.
      2. Recurring subscription(s) are non-cancellable after expiry of 24 (twenty-four) hours. If You cancel Your Premium Membership within 24 (twenty-four) hours, 100% of Your Membership Fee will be refunded to You after deducting the necessary transaction costs. The refunded amount will reflect in such account details of which have been provided by You to Us, within 15 (fifteen) days.
      3. You may cancel your recurring subscription(s) at any time by going to Your Registered Account settings and cancelling Your subscription before the respective renewal date to avoid billing of the next period's subscription fee.
      4. We shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.
      5. With regards to payments, the Platform shall not be responsible for any unauthorised transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.
  4. USE OF SERVICES
    1. In order to use Services, You will require accessing the Platforms through internet in such form and manner as provided by Us. We may update the Platform from time to time in order to ensure a better experience for the Users and consequently may temporarily cut or restrict Your access to the Platform or the Services.
    2. You agree to use the Platform and Services only for such purposes as is permitted by this Agreement; and by any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, in which You are a resident or from where You access the Services.
    3. You will solely be responsible for maintaining the privacy and confidentiality of Your access details (user ID, password etc.) with respect to Your Registered Account. Any access to or use of Your Registered Account shall be construed as access or use of such Registered Account by You.
    4. You agree not to impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person, including, but not limited to other Users, Us and/ or Our officials, employees, agents, partners, affiliates, dealers and/ or franchisees.
    5. You agree that the right to attend Mandala Events shall be subject to You purchasing the tickets from the Platform, unless We specifically send You an e-mail invitation otherwise. All tickets to a Mandala Event are non-transferable and no refund would be processed in case of any change of plans or delay by the User to attend such Mandala Events.
    6. Your access to the Mandala Social Network shall be subject to the nature of Your membership, rights of Our Members and applicable Laws. You may not be allowed to access other members through the Mandala Social Network if the other member has chosen to restrict his/ her/ its access on the Platform. Some Registered Users may post Content through the Mandala Social Network, subject to the terms of this Agreement.
    7. A Registered User may create Mandala Tickets calling other Registered Users to provide referrals for any buy or sell transactions; and any Registered User may provide a referral and earn Mandala Coins upon consummation of a buy or sell transaction; and a Referral Fee may be earned by any Registered Member by encashing the Mandala Coins at any time, provided, the use of Mandala Tickets, the creation of Mandala Tickets, the solving of Mandala Tickets and redemption of Mandala Coins to earn the Referral Fee shall be subject to the Mandala Tickets Terms of Use. All the Registered Users will hold an e-wallet on the Platform, which would allow them to store the Mandala Coins earned, purchased and/ or received through the Platform.
    8. Unless agreed to the contrary in writing, Services provided by Us are for non-commercial, non-transferable and personal use of the Users only. Users are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any Services or any part thereof as their services.
  5. RESTRICTIONS ON USE OF SERVICES
    1. You agree that You will not use the Services or any Content for any purpose that is illegal, unlawful or prohibited by this Agreement. You will not attempt to engage or engage in any activity that may:
      1. reverse engineer, decompile or otherwise extract the source code(s) related to the Platforms or Services or any part thereof, unless it is expressly permitted by Us in writing or is required by applicable law;
      2. use any robot, spider, retrieval application, or other device to retrieve or index any portion of Platform, Services or Content;
      3. collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purposes;
      4. register on the Platform to access Registrable Services or create any Registered Accounts by automated means or under false or fraudulent pretences for using the Services;
      5. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform or Services;
      6. use Services in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services, or interfere with any other third party's access to and/or enjoyment of Services;
      7. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Services or any part of Services or any User; or
      8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any part of the Platform or any Content transmitted through the Platform.
    2. You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platforms; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platforms; and not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of Services to You or to Users generally.
  6. INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP
    1. Use of Services shall, at all times, be governed by and subject to the applicable laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and You agree to abide by such laws. You shall solely be responsible for any violation of any law or for any infringement of any intellectual property rights caused pursuant to Your use of Services.
    2. When You upload, submit, store or send any Content on the Platform, You give Us a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, worldwide right and license to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat and distribute any Content, in whole or in part for the purpose of providing, operating, promoting, and/ or improving the Platform and/ or Services and for Our business.
    3. Subject to applicable law, ownership of all intangible and/ or intellectual property developed, creating or existing (including any data generated as a result of Services) pursuant to Your use of the Services, shall ab initio rest with Us. Nothing in these Terms shall be construed as granting of any implied licenses by Us and all rights not expressly granted to You are reserved solely by Us.
    4. You acknowledge that certain underlying technology or software used by Us in connection with Services and certain Content displayed on Platform may contain rights of other Users or a third party and for use any such third party’s intellectual property, You may need to get permission directly from the owner of such intellectual property.
    5. All third parties owning any intellectual property have a right to take appropriate actions against any User for any violation, infringement or passing off by such User. We respect the intellectual property rights of all Persons and do not hold any responsibility for any violations of any intellectual property rights by You or other Users.
  7. PRIVACY
    1. Our Privacy Policy explains how We treat Your data and protect Your privacy when You use the Services. By using the Services, You agree to Our use of Your data according to the Privacy Policy.
    2. You are responsible for maintaining the confidentiality of passwords associated with any device or online accounts that You use to access the Services or any part thereof. You are solely responsible for all activities that occur with use of Your Registered Account or device. If You become aware of any unauthorized use of Your Registered Account or device, then You may immediately notify Us and the relevant authorities.
  8. TERMINATION OF ACCESS TO SERVICES
    1. We reserve the right to terminate Your access to Services or any part of Services, at any time if:
      1. You knowingly or unknowingly cause, direct or indirect, breach, as ascertained by Us, of any part of the Agreement;
      2. You do not make the requisite payments with respect to Services not provided free of cost by Us;
      3. a third party with which Us offers Services, has terminated its relationship with Us or ceased to offer the related services to Us or to You;
      4. provision of Services or any part of Services is no longer commercially viable or feasible for Us;
      5. Us believes that You are a repeat infringer of the terms of this Agreement or You are in violation of applicable law; or
      6. Us is required to terminate this Agreement by applicable law, Government order or order of a court with requisite jurisdiction.
  9. LIMITATION OF LIABILITY
    1. Use of Services by You is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to any User’s use of Services. We shall not be held liable for any conduct or negligence of any User or their employees/ agents/ service providers.
    2. Provision of the Platform does not constitute an institution of agency between Us and any of Our Users. Our relationship with each and every individual User shall be on a principal to principal basis only. You are solely responsible for any breach of Your obligations under this Agreement, applicable law and/ or the consequences of any such breach.
    3. We shall not be liable be liable for any acts or omissions of any User. We shall not be responsible for the accuracy or authenticity of the products sold, services provided or privileges offered through Our Platform unless expressly stated otherwise in these Terms. We do not accept any liability for the loss and damages resulting from any suits, bankruptcy proceedings or court orders between Our Users.
    4. We will not be responsible for any content, products, services, privileges, offers available on third party media platforms by any Person and We shall not be liable for the authenticity and availability of such content present on other online platforms. We do not control actions of other Users and do not guarantee the accuracy, integrity or quality of any Content posted by them.
    5. We will not be liable for any acts or omissions of any third party, or for any unauthorized interception of the Platform or Services or any breach of this Agreement attributable in full or in part to the acts or omissions of third parties, or damages associated with features that We do not furnish, or damages that result from the operation systems, equipment, facilities or services provided by third parties to You.
    6. The Platform may include/ display links to other online platforms which are outside Our control and may contain materials that are objectionable, unlawful or inaccurate. We do not endorse or support such third-party links or the products and/ or services they provide, hence, We shall not be responsible or liable for the content, accuracy or authenticity of such third party links.
    7. We disclaim all warranties in relation to access to or provision of Platform or Services, whether express or implied, including but not limited to:
      1. Services being constantly available or available at all;
      2. Services being successfully executed in all cases;
      3. Services being always functional without any disruption, delay or error;
      4. User's ability to use the Services, directly or indirectly;
      5. Users' satisfaction with the Services;
      6. the accuracy of the data provided in the course of Service;
      7. the security and privacy of each User’s data;
      8. that all bugs or errors in relation to Services will be fixed or corrected;
      9. that Platform will be compatible with all devices, all networks and all browsers;
      10. that use of Services is fit for a particular purpose or use, except as provided herein; or
      11. that Services and Contents is accessible in every location.
    8. Users shall defend, indemnify and hold Us, and Our officers, directors, employees, representatives, consultants and agents harmless from and against any third party claims, actions, demands, liabilities, judgments, and settlements, including without limitation, any loss or damage suffered by Us (including loss of reputation and/ or goodwill) and including reasonable legal fee that may result from or alleged to result from (a) such User's unauthorized, illegal and/ or unlawful access to or use of the Services; (b) such User’s breach of any rules, regulations and/ or orders under any applicable law; and (c) such User’s breach of any obligation under this Agreement.
    9. You expressly represent and warrant that You will not use Services if You do not understand, agree to become a party to and abide by all the terms specified of this Agreement. Any violation of this Agreement by You may result in legal liability upon You and nothing in this Agreement shall be deemed to confer any rights to any third party or any other Person, not expressly granted such rights herein.
  10. GOVERNING LAW AND JURISDICTION
    1. The Services may be provided through, and the Platforms may be controlled and operated from and through, any country and may be subject to the laws of that country. When You accesses the Services from any location, then, You are responsible for compliance with the local laws applicable to You.
    2. This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Hyderabad, India.
    3. You agree that any cause of action arising out of Your use of Services shall be commenced within 30 (thirty) days after (a) when such cause of action accrues; or (b) when You become aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.
  11. MISCELLANOUS
    1. Confidentiality: You may be given and have access to confidential and proprietary information of the other Users pursuant to Services provided under this Agreement. You will not use any such confidential information for Your own corporate purposes or any other purpose (except as contemplated under this Agreement) without a prior written consent of the Person owning such information and shall use their best efforts to keep confidential and not to disclose to any Person any such confidential and proprietary information, except as mutually agreed or required by applicable law.
    2. Display Association: We shall have a right to display and publicize Our association with the You, other Users and the Services We have provided to Our Users, in Our collateral and branding materials.
    3. Severability: If any provision of this Agreement is determined to be unenforceable then such provision shall, to that extent, be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected. Any act of either Us or the User, done prior to the provisions being held unenforceable shall be deemed to be valid and binding on the other.
    4. Waiver: Waiver by Us of any one default of any one User will not waive subsequent defaults of the same or different kind, by the same or different User, and no failure or delay of Us to exercise or enforce any of its rights hereunder shall act as a waiver of those rights.
    5. Assignment: While the Users shall not assign or transfer any of their rights or liabilities under this Agreement to any other Person, We may freely assign Our rights and benefits (in full or in part) under this Agreement to any Person. You acknowledge that We have a right (but not the obligation) to deliver the Services either ourselves, or, through Our affiliates or any third parties.
    6. Notices: We may post notices within the Platform or send You notices on the registered e-mail address or the telephone numbers shared with Us. You will deemed to have received such notices, if sent via e-mail, within 24 (twenty four) hours of Us sending the notice. Your use of Services after expiry of 3 (three) days from the day notice was sent, shall constitute receipt and acceptance of the notices sent to You.
    7. Non-compete and Non-solicit: You will not, directly or indirectly, (i) solicit or attempt to solicit, induce or recruit, engage or in any other way encourage Our employees, consultants or Users to terminate their respective engagements with Us and/ or engage with You and/ or any third party; or (ii) engage in any activity which is same or similar to the Platform or the Services.
  12. DISCLAIMERS
    1. The information, software, products, and services forming parts of the Services have been contributed by various Users and may include inaccuracies or typographical errors. Any advice received or inferred via the Services should not be relied upon by the Users for any personal, legal or financial decisions and Users should consult an appropriate professional for tailored advice, specific to their situation.
    2. We shall not be responsible for viruses, worms, trojan horses, and other harmful or destructive Content of third parties. The Platform may contain Content that is offensive, indecent, or otherwise objectionable. The Platform may also contain Content that infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to certain additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use of the Platform, or from any downloading of Content posted on the Platform.
    3. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WE DO NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF PLATFORM, SERVICES AND/ OR GOODS AND/ OR SERVICES PROMOTED AND/ OR OFFERED THROUGH THE PLATFORM OR SERVICES.
  13. DEFINITIONS
    1. All the capitalized terms contained in the Agreement that have not been defined elsewhere, shall mean as follows:
      1. "App" shall mean an android and/ or an IOS application which can be downloaded from Play Store or AppStore, respectively.
      2. "Basic Member" shall refer to a Registered User who subscribes for a Basic Membership as per Clause 2.4 read with Clause 3.1 of these Terms.
      3. "Content" shall mean and include any audio, video, visual, graphic, text content or combination thereof, including messages, information, articles, description of products, images, videos, GIFs, reviews, ratings, comments, queries or any other like material, created and/ or added on the Platform, by a User.
      4. "Mandala Coins" shall mean the unit used for transacting with Registered Users of the Platform.
      5. "Mandala Events" shall mean online events organized by Us for Our Registered Users, from time to time, which shall be subject to such terms and conditions as communicated by Us to You.
      6. "Mandala Social Network" shall mean the online social network of Our Registered Users, as provided from time to time, which shall be subject to such terms and conditions as communicated by Us to You.
      7. "Mandala Tickets" shall mean and refer to call for a referral posted by a Registered User on the Platform and which shall be subject to the Mandala Tickets Terms of Use.
      8. "Membership Fee" shall mean the subscription fee to be paid by a Premium Member.
      9. "Person" shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
      10. "Platform" shall mean the Website and the Apps downloadable from third party service providers, including any updates thereof, as We may provide from time to time.
      11. "Premium Member" shall refer to a Registered User who subscribes for a Premium Membership as per Clause 2.4 read with Clause 3.1 of these Terms.
      12. "Privacy Policy" shall mean Our privacy policy as provided here.
      13. "Referral Fee" shall mean the amount earned by a Registered User by encashing the Mandala Coins.
      14. "Registered User" shall mean such User who or which has successfully created a Registered Account on the Platform.
      15. "Services" means the services provided by Us through the Platforms, including services described in Clause 2.2 of these Terms, maintenance of Platforms and/ or provision of Registerable Services, as updated from time to time.
      16. "User", "You" or "Your" shall mean any Person who or which accesses or uses the Platform or Services or Content thereof, as provided from time to time.
      17. "Website" shall mean www.themandalanetwork.com, as provided by Us from time to time.
  14. INTERPRETATION
    1. Any capitalized terms not defined herein this Agreement shall have such meaning as set forth in the Privacy Policy.
    2. Any reference to the singular includes a reference to the plural and vice versa; any reference to one gender includes a reference to the other gender(s), unless explicitly stated otherwise.
    3. Headings and captions are used for convenience only and not for interpretation of the Agreement.
    4. Any reference to a natural Person shall, include his/ her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.

Last Updated on - 13th September 2021