Disclaimer

Disclaimer

Disclaimer is in continuation to TWN Web Policies, framed and stipulated for facilitating the Best User Experience & Safeguarding the best interest of Think With Niche (TWN) and its Users, as a whole.
Thank you for using ‘www.ThinkwithNiche.com as a service.

"At Think With Niche, Our Mission is to Deepen User's/ Reader's Understanding in the World of Startups, Business, and Synergy; and Spread Ideas that Matter The Most for a Sustainable Tomorrow."
www.thinkwithniche.com is "A Collective Initiative By Users & For Users" (Users here being Industry Leaders, Writers, and Readers).

Being a Global Knowledge Sharing Blogging Platform (includes web and mobile user interfaces), Think With Niche is extremely diligent and cautious about what is created and published on its platform (web and mobile user interfaces). It is a conscious endeavor of the Content Contributors (Authors/ Writers/ Subject Matter Experts/ Editors/ Content Team Members) at Think With Niche to Ideate, Create, and Curate Non-Plagiarized Reads that are Original and Authentic (as real as possible) for all its Users (Readers/ Users/ Visitors)  (Or, Any Other).

All Posts and Blogs Content (Stories/ Articles/ Writes) in form of Information and knowledge shared (except for the News in Brief section) are Ideated, Created, Edited, and Curated by Think With Niche's Content Contributors (Authors/ Writers/ Subject Matter Experts/ Editors/ Content Team Members) at www.thinkwithniche.com and is the Copyright of Niche Business Solutions as being the Owner.

Think With Niche primarily aims to facilitate all its Users (Readers/ Users/ Visitors)  (Or, Any Other) with a Knowledge Sharing Blogging Platform (web and mobile user interfacesas a Service, but there may be some things it can’t guarantee its Users. The Interpretation and Use of Content as Posts is subject to its User's understanding and personal choice and all risks associated with the same is that of the User only. It is taken as a confirmation that our Users understand that Our Content published or shared provides “as is” and “as available” information without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

In addition, Think With Niche doesn’t represent or warrant that its Content (Stories/ Articles/ Writes) as Posts are accurate, complete, reliable, current, or error-free. No advice or information obtained from Think With Niche at www.thinkwithniche.com can or will create any warranty or representation not expressly made in this paragraph. Think With Niche at www.thinkwithniche.com may provide information about third-party products, services, activities, or events, or may allow third parties to make their content and information available on or through www.thinkwithniche.com (collectively, “Third-Party Content”). Think With Niche does not control or endorse, and makes no representations or warranties regarding any Third-Party Content. Users' access and use of Third-Party Content is at their own risk only and Think With Niche will never be liable for any litigation and authenticity of it. Some locations don’t allow the disclaimers as in this paragraph and so this might not apply to them.

Limitation of Liability:
We don’t exclude or limit our liability to Users where it would be illegal to do so; this includes any liability for the gross negligence, fraud, or intentional misconduct of Think With Niche or any Third Party Service Provider(s). In countries where the following types of exclusions aren’t allowed, we’re maybe responsible to Users only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or the breach of our contract with the user. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.
In countries where exclusions or limitations of liability are allowed, Think With Niche and its Third Parties won’t be liable for:

  • Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data, or profits, under any legal theory, even if Think With Niche or the other Think With Niche Third Party Service Provider(s) have been advised of the possibility of such damages.

  • Other than for the types of liability we can’t limit by Law (as described in this section), we limit the total liability of Think With Niche and the other Think With Niche Third Parties for any claim arising out of or relating to these terms or our services, regardless of the form of the action, to the greater of INR. 400.00 or the amount paid by the User to use our services.

Resolving Disputes; Binding Arbitration:
We want to address user concerns without needing a formal legal case. Before filing a claim against Think With Niche, the user agrees to contact us and attempts to resolve the claim informally by sending a written notice of user claim by email at Legal@thinkwithniche.com or by certified mail addressed to Think With Niche, C/O Niche Business Solutions, 24, A/3, Bara Chandganj, Sector-A, Mahanagar, Lucknow, Uttar Pradesh 226006, India.
The Notice Must:
a. Include the user name, residence address, email address, and telephone number;
b. Describe the nature and basis of the claim and
c. Set forth the specific relief sought.
Our notice to the user will be sent to the email address associated with the user's online account and will contain the information described above. If we can’t resolve matters within sixty (60) days after any notice is sent, either party may initiate a formal proceeding.


Please read the following section carefully because it requires the users to arbitrate certain disputes and claims with Think With Niche and limits the manner in which the user can seek relief from us unless the user opt-out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes the user from suing in court or having a Jury trial.

a. No Representative Actions. User and Think With Niche agree that any dispute arising out of or related to these terms or our services is personal to the user and Think With Niche and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

b. Arbitration of Disputes. Except for small claims disputes in which the user or Think With Niche seeks to bring an individual action in small claims court located in the county where the user resides or disputes in which the user or Think With Nicheseeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property the user and Think With Niche waive the user rights to a Jury trial and to have any other dispute arising out of or related to these terms or our services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in Court (Only at Lucknow Jurisdiction). All Disputes submitted will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in the Courts of Lucknow, Uttar Pradesh, India The user and Think With Niche agree that Disputes will be held in accordance with the Streamlined Arbitration Rules and Procedures.

c. The User and Think With Niche agree that these terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Indian Laws only. 

d. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, Think With Niche, and the user will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

e. The User and Think With Niche agree that the High Court Bench at Lucknow, Uttar Pradesh has Exclusive Jurisdiction over any appeals and the enforcement of an arbitration award.

f. Any dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that the user and Think with Niche will not have the right to assert the claim.

g. The User has the right to opt out of binding arbitration within 30 days from the date the user first accepted the terms of this section by sending an email of the user's request to legal@thinkwithniche.com. In order to be effective, the opt-out notice must include the user's full name and address and clearly indicate the user's intent to opt out of binding arbitration. By opting out of binding arbitration, the user is agreeing to resolve disputes in accordance with the next section regarding “Governing Law and Venue.”

h. If any portion of this section is found to be unenforceable or unlawful for any reason: 
1. The unenforceable or unlawful provision shall be severed from these terms;
2. Severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and
3. To the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration.
4. Further, if any part of this section is found to prohibit an individual claim from seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

Governing Law & Venue:
These terms and any dispute that arises between the user and Think with Niche will be governed by Indian Law, except for its conflict of law principles. Any dispute between the parties that’s not subject to arbitration or can’t be heard in small claims court will be resolved in the State of Uttar Pradesh, India
Some countries have laws that require agreements to be governed by the Local Laws of the user's country. This paragraph doesn’t override those laws.

Amendments:
Think With Niche may make changes to these terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with the user account, offering an in-product notification, or updating the date at the top of these terms. Unless we say otherwise in our notice, the amended terms will be effective immediately, and the user continued the use of our services after we provide such notice will confirm your acceptance of the changes. If the user does not agree to the amended terms, the user must stop using our services.

Severability:
If any provision or part of a provision of these terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous:
Think With Niche's failure to exercise or enforce any right or provision of these terms will not operate as a waiver of such right or provision. These terms and the TWN Web Policies listed in that may apply to the user section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements, and understandings of the parties. The section titles in these terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. The user agrees that communications and transactions between Think With Niche may be conducted electronically.

Content Syndication, Visibility, & Views Disclaimer:
Views Per Post/ Per Author or Writer/ Per Category/ Per Subcategory/ Per Tag/ Per Section/ Per Page are governed by the number of Reading Requests Received from Organic Users, Direct Users, and Referral Users at the Think With Niche Platform (www.thinkwithniche.com).

The necessary Third-Party APIs for facilitation were integrated on July 01, 2021, and are reviewed on a periodic basis. It has been streamlined on February 12, 2022. Our Analytical & Content Reach/ Traffic Reports will be made available to the Users from time to time as know-how on Content Syndication.
This is for further improvisation of content research, creation, curation, syndication & targetting.

EndNote: Disclaimer & Terms of Use:
Think With Niche is an IEC Initiative by Niche Business Solutions (the Owner), is One and Only Primary Function is to Inform, Educate and Communicate with its Users/ Readers on the Platform (www.thinkwithniche.co) by means of Knowledge Sharing (via- Articles/ Blogs/ Posts/ Writes/ News/ Podcasts/ Webinars) only. 

The Objective of Think With Niche is to Assist Users/ Readers with Business Know-how as Ideation and Awareness with Showcased Success Stories and news as Articles/ Posts/ Blogs/ Writes/ Podcasts/ Webinars from around the Globe for various Industry Verticals which are covered under its Content Created & Curated Web/ Mobile Pages, Sections, Categories, and Subcategories.

Think With Niche Makes No Claims or Representation that by using www.thinkwithniche.com as a Platform its Users/ Readers will have Any Monitory Gains, Earn Profits or Make Their Money Back. 

Hence, All Content Created, Curated, and Available on www.thinkwithniche.com are hereby for Educational, Informational, and Exemplary Purposes Only, they are Not Intended to incite Any  Monetary Gains for Any of its Users/ Readers. While the Content available on the Platform (over the web and mobile) may show Real Experiences and Industry Insights from Industry Leaders and Content Creators, their News/ Posts/ Blogs/ Writes/ Articles/ Podcasts/ Webinars are Not Typical, and the User's/ Reader's Business Experiences May Vary Based upon the Understanding and Effort of Their Opportunity Mapping, Business Model,  Management Practices, and Market Forces Beyond Anyone’s Control.

The User/ Reader makes No Earnings or Return on Investment Claims.
Think With Niche as a Platform is Not a Business Opportunity, it’s a Platform to Help, Educate and Inspire New or Existing Businesses and Like-Minded Individuals.

Think With Niche is a Flagship Product Offered by Niche Business Solutions under the Offerings of Niche Media Network. 
To know more about the ThinkWithNiche Offerings, please visit the About Us Section.