Terms & Conditions
By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site or listeners of the podcast, including without limitation users who are browsers, vendors, customers, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or podcast. By accessing or using any part of the site or podcast, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, podcast or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
I Am Kiran Kumar (“I Am Kiran Kumar”, “we", “us”), website(s) (our "Site" or "Sites"), podcast (our “Podcast” or “Podcasts”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on this site. We recommend you should keep a copy of the TOS for future reference.
I Am Kiran Kumar is the trading name of Roar Coaching Ltd registered in England and Wales with registered number 11572484 whose registered office is at 724 Capability Green, Luton, England, LU1 3LU, VAT registration number (412 1975 16) and Data Protection (TBC) All rights reserved.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
1. Definitions and Interpretation
In these Terms and Conditions, the following words will have the following meanings:
Booking: means an individual booking for a I Am Kiran Kumar Course
Company: refers to I Am Kiran Kumar, a subsidiary of Roar Coaching
Content: . The Podcast contains a variety of: (i) materials and other items relating to Company, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, show content, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Podcast, and the compilation, assembly, and arrangement of the materials of the Podcast and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Company (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content"). NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. COMPANY AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, CONTENT OR MATERIAL ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, CONTENT OR OTHER MATERIAL ON THE PODCAST. You understand that by using and accessing the Podcast, you may encounter Content that you may deem to be offensive or objectionable, and that such Content may or may not be identified as having explicit material. Nevertheless, you agree to the use of the Podcast at your sole risk and Company shall have no liability to you for material that may be found to be offensive or objectionable.
Data Protection Act: means the Data Protection Act 2018 as from time to time amended, modified, extended, re-enacted, consolidated, or replaced (whether in whole or in part).
Delegate: means any and all person(s) attending a I Am Kiran Kumar Course as a delegate
Delegate Booking Information: means the delegate booking information applicable to the I Am Kiran Kumar Training Course issued by Us from time to time via the Website or via email.
Engagement: means any and all I Am Kiran Kumar Course organised by Us to which these Terms and Conditions are stated to apply
Event: means any training course organised by Us
Guests – refer to the past, present, and future participants that have been or will be invited by the Founder and Host of I Am Kiran Kumar, to appear on the ‘I Am Kiran Kumar’ Podcast.
Guest-Generated Content – refers to any content relating to the Guest produced through the Engagement. This will consist of the content produced during the Podcast Episode and personal content provided by the Guest to the Host including name, image, voice and any other derivative works.
Host – refers to the Founder and Host of I Am Kiran Kumar
Online Booking Form: means our prescribed online booking form that is to be completed and submitted by those wishing to attend the I Am Kiran Kumar training courses
Podcast: means the eponymous ‘I Am Kiran Kumar’ podcast that is hosted on Spotify and Apple
Service: means the provision of any and all services by I Am Kiran Kumar to You or any other User
I Am Kiran Kumar Training Course: means any and all training course(s) organised by Us to which these Terms and Conditions are stated to apply
Terms and Conditions: means these Terms and Conditions.
We: means I Am Kiran Kumar trading as Roar Coaching Ltd (Company Number 11572484, a company limited by guarantee whose business location is Bristol, England and registered office is at Square Works, 17-18 Berkeley Square, Clifton, BS8 1HB, Bristol. "Us" and "Our" shall be read accordingly.
Website: means the I Am Kiran Kumar website
You: a) means the Delegate (and the Delegate’s organisation where applicable) or anybody who in Our reasonable opinion is acting with the Delegate’s authority or permission, or as the Delegate’s representative. “Your” shall be read accordingly.
b) means the client (and the Clients’s organisation where applicable) or anybody who in Our reasonable opinion is acting with the Clients’s authority or permission, or as the Client’s ’s representative. “Your” shall be read accordingly.
2.Introduction
Use of this site is provided by I Am Kiran Kumar (Roar Coaching Ltd) subject to the following Terms and Conditions. Your use constitutes acceptance of these Terms and Conditions as of the date of your first use of the site.
All Bookings are accepted subject to availability and these Terms and Conditions. These Terms and Conditions should be read carefully prior to making a Booking and any queries relating to them should be raised with Us prior to making a Booking, as making the Booking constitutes acceptance by You of these Terms and Conditions.
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us.
Your purchase of any of the products, and your purchase of any services, offered on this Site (respectively Products and Services) is subject to these Terms of Service, and by placing an order for any Product or Services you agree to be bound by them. Use of the Site itself is subject to our Website Terms of Use. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
In respect of any orders that are placed online or by correspondence, our standard terms applicable to such ordering methods in force from time to time will apply to those orders (and only to those orders) and not these Terms of Service.
We reserve the right to change these Terms and Conditions at any time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified. These Terms of Service were last updated on 11th December 2022
You can review the most current version of the Terms of Service at any time at this page
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. I Am Kiran Kumar Training Courses
3.1 Online Bookings
Bookings will only be accepted on You completing the I Am Kiran Kumar booking form available on our website. You are responsible for the accuracy and completeness of all information which You provide to Us.
Your Booking will not be confirmed until it has been acknowledged by Us. We will use reasonable endeavours to send You a confirmation of Your Booking by email within 3 working days.
3.2 Pricing
The prices are as set out on our website and the Delegate Booking Form as published (or otherwise provided to You) at the time at which We accept Your Booking.
The price of the Booking is per Delegate and is exclusive of VAT which will be charged at the current rate.
3.3 Cancellations
Please refer to our cancellation policy before booking courses, events or consultations with I Am Kiran Kumar.
3.4 Resale of Booking
You may not re-sell a booking under any circumstances.
3.5. Substitute Delegates
You may substitute another person from Your organisation without charge provided that You notify Us by email 14 days in advance providing a reason for the change in booking and details about the substituted individual that are deemed necessary.
3.6. Changes to I Am Kiran Kumar Training Courses/Events/ Workshops
We reserve the right to make alterations to the published programme for (or content of) any I Am Kiran Kumar Training Courses or events where reasonably necessary.
Any changes to the published programme or content will be published on the Website or notified to You by email.
4. I Am Kiran Kumar Podcast
4.1 Introduction
If you want to download and/or listen to an episode of the I Am Kiran Kumar podcast ("Podcast"), then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Podcast (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not listen to the Podcast if you do not agree. The business realities associated with operating the Podcast are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes - we would not make the Podcast available to you.
By accessing and/or listening to the Podcast, you agree to be bound by these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Podcast or to a service or product offered via the Podcast (in each such instance, and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Podcast from time to time may be governed by different terms of use.
4.2 Podcast Content, Ownership, Limited License, and Rights of Others
Ownership. The Podcast (including past, present, and future versions) and the Content are owned or controlled by Company, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Podcast is the property of Company or our licensors or certain other third parties, and is protected by UK and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Podcast.
Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Company's sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
Rights of Others. When using the Podcast, you must respect the intellectual property and other rights of Company and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability
4.3 Podcast and Content Use Restrictions
Podcast Use Restrictions. You agree that you will not: (i) use the Podcast for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Trademarks; (iii) engage in any activities through or in connection with the Podcast that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Company; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Podcast source or object code or any software or other products, services, or processes accessible through any portion of the Podcast; (v) engage in any activity that interferes with a user's access to the Podcast or the proper operation of the Podcast, or otherwise causes harm to the Podcast, Company, or other users of the Podcast; (vi) interfere with or circumvent any security feature of the Podcast or any feature that restricts or enforces limitations on use of or access to the Podcast, the Content, or the User-Generated Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Podcast, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Podcast, other computer systems or networks connected to the Podcast, through password mining or any other means; (ix) submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature; (x) manipulate identifiers, including by forging headers, in order to disguise the origin of any User Content that you submit; (xi) "frame" or "mirror" any part of the Podcast; (xii) remove any copyright, trademark, or other proprietary rights notices contained on the Podcast; (xiii) use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Podcast. Operators of public search engines may use spiders to copy materials from the Podcast for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; (xiv) use any automated software or computer system to search for, reserve, buy, or otherwise obtain discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Podcast, including sending information from your computer to another computer where such software or system is active; (xv) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or (xvi) otherwise violate these Terms or any Additional Terms.
Content Use Restrictions. You also agree that, in using the Podcast: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Podcast by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Company or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
Availability of Podcast and Content. Company may immediately suspend or terminate the availability of the Podcast and Content (and any elements and features of them), in whole or in part, for any reason, in Company's sole discretion, and without advance notice or liability.
Reservation of All Rights Not Granted as to Content and Podcast. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Podcast. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Company and its licensors and other third parties. Any unauthorized use of any Content or the Podcast for any purpose is prohibited.
4.4 Feedback You Submit
General. Company may now or in the future offer users of the Service the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Service, messages, text, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "User-Generated Content"). Company may allow you to do this through contact us, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
Non-Confidentiality of Your User-Generated Content. Except as otherwise described in any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential — regardless of whether you mark them "confidential," "proprietary," or the like — and will not be returned; and (b) Company does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Company's request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with Company, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, services, products or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Company's receipt of your Unsolicited Ideas and Materials is not an admission by Company of their novelty, priority, or originality, and it does not impair Company's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
License to Company of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User-Generated Content), you hereby grant to Company, and you agree to grant to Company, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Company to your User-Generated Content, you also hereby grant to Company, and agree to grant to Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
4.5 Notices and Questions
You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Podcast, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information.
If you have a question regarding using the Podcast, you may contact us at hello@iamkirankumar.com. You acknowledge that the provision of customer support is at Company's sole discretion and that we have no obligation to provide you with customer support of any kind.
4.6 Links By You to The Podcast
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Podcast, so long as: (a) the links only incorporate text, and do not use any Trademarks, and (b) the links and the content on your website do not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Company. Company reserves the right to suspend or prohibit linking to the Podcast for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
4.7 Linked-To Websites, Advertisements, and Dealings with Third Parties
Linked Services; Advertisements. The Podcast may contain links, as part of third-party ads on the Podcast or otherwise, to or from third-party websites ("Linked Services"), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Company. Company may have no control over the content, operations, policies, terms, or other elements of Linked Services, and Company does not assume any obligation to review any Linked Services. Company does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Company is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services. Finally, Company will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services. Company disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Podcast (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Company disclaims all liability in connection therewith.
4.8. Limitations of Liability
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
the Podcast (including the Content and the User-Generated Content;
your use of or inability to use the Podcast;
any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Podcast;
any action taken in connection with copyright or other intellectual property owners or other rights owners;
any injury or damages you sustain directly or indirectly as a result of your use of the Podcast;
any errors or omissions in the Podcast's technical operation; or
any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Podcast).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE PODCAST AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY TO ACCESS THE PODCAST OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.
4.9. Disclaimer of Representations and Warranties
YOUR ACCESS TO AND USE OF THE PODCAST IS AT YOUR SOLE RISK. THE PODCAST IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. Therefore, to the fullest extent permissible by law, OWN, its parent companies and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the "Company Parties"), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
the Podcast (including the Content and the User-Generated Content);
the functions, features, or any other elements on, or made accessible through, the Podcast;
any products, websites or instructions offered or referenced at or linked through the Podcast;
security associated with the transmission of your User-Generated Content transmitted to Company via the Podcast;
whether the Podcast or the servers that make the Podcast available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
whether the information (including any instructions) on the Podcast is accurate, complete, correct, adequate, useful, timely, reliable or safe;
whether any defects to, or errors on, the Podcast will be repaired or corrected;
whether your access to the Podcast will be uninterrupted, timely, secure or error-free;
whether the Podcast will be available at any particular time or location; and
whether your use of the Podcast is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A COMPANY PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions' laws are applicable.
4.10 Terms for Podcast Guests
Any content that is produced during the recording of each Podcast Episode on ‘I Am Kiran Kumar strictly and solely belongs to the Host and I Am Kiran Kumar. Therefore, we reserve the right to edit and remove content during the podcast episode as we see fit. All right, title, and interest in and to the Content available via the Podcast is the property of the Host or certain other third parties, and is protected by English and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. The Host owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Podcast.
You agree that by appearing on the Podcast: i) you will not monitor, gather, copy, or distribute the Content (expect as may be a result of standard search engine activity or use of a standard browser) on the Podcast by using any robot, rover, ‘bot’, spider, scraper, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility, or manual process of any kind; ii) you will not frame or utilise framing techniques to enclose any such Content (including any images, text, or page layout); iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; iv) you will not make any modifications to such Content; v) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivate works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or any third-party application or website, otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of the Host.
The Host may immediately suspend or terminate the availability of the Podcast and Content (and any elements and features of them), in whole or in part, for any reason, at the Host’s sole discretion, and without advance notice or liability. The exception to this term would be for Guests who choose to provide affiliate links to be featured on www.youarenotinvisibleafter50.com.
When appearing the Podcast, you must respect the intellectual property and other rights of the Host, the Podcast, other Related Parties, and other third parties. Your unauthorised use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability.
These Terms include only narrow, limited grants or rights to Content and to use and appear on the Podcast. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you is reserved by the Host and related Parties. Any unauthorised use of any Content or the Podcast for any purpose is prohibited.
Guests are prohibited to discuss content that is offensive, obscene, lewd, violent, threatening, bullying, harassing, or abusive, or that violates any right of any third party, otherwise objectionable to the Host. What is deemed as objectionable will be decided by the Host in their absolute discretion.
You hereby grant to the Host the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (including name, image, voice, and any other derivative works thereof) for any purpose whatsoever in all formats, or through any means or medium now known or hereafter developed, and with any technology or devices not known or hereafter developed, and to advertise, market and promote the same. Without limitation, the granted rights include the right: (a) configure, host, index, cache, archive, store, digitize, compress, optimise, modify, reformat, edit, adapt, publish in searchable format and remove such Guest-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any Guest-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to the Host and Podcast to your Guest-Generated Content you also hereby grant to the Host and the Podcast, and agree to grant to the Host and Podcast, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Guest-Generated Content, without any obligation, remuneration, or permission to and from you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Guest-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration or remuneration for any of the rights granted in this section 4(iii)
You agree to, and you hereby, defend, indemnify and hold the Host, the Podcast, and any other related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgements, fines, penalties settlements, interest, and expenses (including lawyers’ fees) that directly or indirectly arise from our are related to any claim, suit, action, demand, or proceeding made or brought against the Host, Podcast, or any other related Parties, or on account of the investigation, defence, settlement thereof arising out of or in connection with, whether occurring heretofore or hereafter: i) your Guest-Generated Content; ii) your use of the Podcast and your activities in connect with the Podcast; iii) your breach or alleged breach of these Terms; iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Podcast or your activities in connection with the Podcast; v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; vi) any misrepresentation made by you; and vii) the Host, the Podcast, and any other related Parties’ use of the information that you submit to us (including your Guest-Generated Content).
As permitted by applicable law, when you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. 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.
These Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with English law.
The Terms apply at the time they are sent to you. However, due to ongoing evolution of the Podcast, I Am Kiran Kumar reserves the right to change the terms at any point at the Host’s discretion. If any substantial changes occur, you will be notified via email.
5. General Terms and Conditions
5.1 Usage
You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party.
5.2 Intellectual Property
All intellectual property rights (including but not limited to copyright) in all Products, Events and Event materials at all times belong to and shall remain vested in Us and neither You nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product, Event, Event materials or any part thereof save as otherwise expressly granted under these terms of service.
If you purchase an Event for which we provide you Event materials, we hereby grant you a non-transferable, non-exclusive licence to use those materials strictly for the purpose of participating in the relevant Event and for your own educational, noncommercial purposes.
You shall ensure that such course materials and the podcast are only made available to and accessed by you and you must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply any such materials (or any part of them) in any medium and in any manner to any third party.
6. Changes to I Am Kiran Kumar Events
We reserve the right to make alterations to the published programme for (or content of) any I Am Kiran Kumar Events where reasonably necessary. Any changes to the I Am Kiran Kumar Events or content will be published on the Website or notified to You by email.
7. Limitation of Liability
Nothing in these Terms and Conditions will operate to limit or exclude liability of each party for death or personal injury arising out of its negligence, or for its fraud nor any other liability which cannot be excluded or limited under applicable law.
Subject to the paragraph above, in no circumstances, will either party be liable to the other party for any loss of business, revenue, profits, anticipated savings or goodwill (whether direct or indirect) or for any indirect, special or consequential loss, arising out of or in connection with these Terms and Conditions
8. Dispute Resolution
If any dispute arises out of these Terms and Conditions , Podcast Use or Your Booking/s, We will attempt to settle it. To this end We shall use Our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties.
Although this does not restrict your rights to pursue court proceedings, if We are unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.
9. Waiver
Failure by either party to exercise or enforce any right or benefit conferred by these Terms and Conditions will not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.
10. Assignment
We shall be entitled to assign any of Our rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected.
11. Sever-ability
If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
12. Third Parties
No person who is not a party to these Terms and Conditions shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
13. Force Majeure
For the purposes of these Terms and Conditions, "Force Majeure" means any cause beyond Our reasonable control including, but not limited to, war, acts of terrorism, governmental requirements, acts of local or central Government or other competent authorities, Acts of God and industrial disputes. We will not be liable to You for failure to perform any obligation under these Terms and Conditions or in relation to Your Booking to the extent that the failure is caused by Force Majeure.
14. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
15. Modifications to The Service and Prices
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
16. Optional Tools
We may provide you with access to third-party tools (such as podcast hosting platforms including, but not limited to, Spotify and Apple) over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
17. Third-party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not always affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
18. User Comments, Feedback and Other Submissions
We may monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
19. Personal Information
Your submission of personal information through the website, online or in written format is governed by our Privacy Policy. Please read our privacy policy.
20. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
21. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local, national or international regulations, rules or laws (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
22. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
23. Indemnification
You agree to indemnify, defend and hold harmless I Am Kiran Kumar and our parent company, sister companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
24. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
25. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
26. Governing Law
These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
27. Contact Information
Questions about the Terms of Service should be sent to us at hello@iamkirankumar.com