TERMS OF USE
These Terms of Use (hereinafter referred to as the “Terms of Use” or “Terms”) mandate the terms and conditions on which the users (hereinafter referred to as the “User”, “You”, “Your” or “yourself”) access and register on the website i.e. www.yogavedanta.com (hereinafter referred to as the “Site”) operated by Yoga Vedanta (hereinafter referred to as “Yoga Vedanta”, “Us”, “Our” or “We”).
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. The Terms of Use, Medical Waiver & Disclaimer and Privacy Policy together constitute a legally binding agreement (hereinafter referred to as “Agreement”) between Yoga Vedanta and the User for using the Site. Please read the Terms of Use, Medical Waiver & Disclaimer and Privacy Policy carefully before using or registering on the Site or accessing any material, information or Services through the Site.
Your access to or use of the Site (even when you do not avail of any services on the Site) or the booking, purchase or availment of the Services available on the Site signifies your acceptance of the Terms of Use, Medical waiver and Disclaimers and Privacy Policy and your agreement to be legally bound by the same.
Please note that the headings herein are included for convenience and identification only, and are not intended to describe, interpret, define or limit the scope, extend or intend of these Terms.
1. Our Services:
a) You acknowledge that the Site allows you to avail virtual/digital/online classes, courses, sessions and workshops relating to Yoga and Meditation directly from Yoga Vedanta and various trainers engaged by Yoga Vedanta, through online mode on our website www.yogavedanta.com and also through video teleconferencing software programs (hereinafter referred to as “Services”).
b) The charges indicated on the Site for the Services will be as determined by Yoga Vedanta. For Services, you may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annually. For the purposes of monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
c) The Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, exchange policy, return policy, etc.) which are briefly mentioned below.
d) You are eligible to use the Services only when you fulfil the following conditions:
i) You have attained at least 18 (eighteen) years of age; and
ii) You are competent to enter into a contract under the applicable laws.
iii) You must not be a person barred from receiving Services under the applicable laws, in your province, territory or country. You agree that your use of the Site and/or Services does not violate any applicable law or regulation of your province, territory or country.
iv) You confirm and agree that in addition to acceptance of these Terms of Use, your use and/or booking of the Services signifies your acceptance of any additional terms and conditions, guidelines, rules, etc. posted, communicated or displayed on the Site of Yoga Vedanta. To the fullest extent permissible pursuant to applicable law, your use of the Services and your attendance at, participation in, purchase and/or use of the Services, is solely at your own risk and Yoga Vedanta does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the Services.
v) Individuals under the age of 18, or the applicable age of majority in their respective province, territory or country, may utilize the Services, only with the involvement and consent of the parent or legal guardian and at all times, subject to these Terms of Use. In this regard, the parent or legal guardian of such Minor agrees to indemnify, defend and hold harmless Yoga Vedanta, any of its affiliates, franchisees, business partners and their respective instructors, staff, owners, sponsors, representatives, directors, officers, independent contractors, consultants, agents, employees and/or volunteer staff from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Yoga Vedanta, any of its affiliates, franchisees, business partners and their respective instructors, staff, owners, sponsors, representatives, directors, officers, independent contractors, consultants, agents, employees and/or volunteer staff that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
e) Yoga Vedanta may record audio and/or video of any and all sessions/classes/courses/workshops for quality and safety purposes, which may be referred to in case of any complaints / disputes.
f) By participating in the online yoga classes being offered by Yoga Vedanta, you hereby agree that Yoga Vedanta has right to broadcast live, record, rebroadcast and reuse in any medium or for any of its associate and / or group Companies in any medium (Publication, Electronic, Radio, Mobile, Internet, Social, Digital Media etc.) the classes, special events & workshops, stories, features & programmes contributed by you as an individual or as a participant in a group activity. All intellectual property rights relating to events, stories, features & programmes sent by you including but not limited to the copyright and ancillary right of broadcast assignment or licensing in any form vests exclusively with the Yoga Vedanta in perpetuity therefore Yoga Vedanta would have right to rebroadcast, resell and reuse in any medium or for any of its associate and / or group Companies in any medium (Publication, Electronic, Radio, Mobile, Internet, Social, Digital Media etc.) the events, stories, features & programmes contributed by you as an individual or as a participant in a group activity.
2. Fees & Charges
a) Users may avail the Services by subscribing to our subscriptions/packages/programs/plans. Please read the fine prints of each Service before availing the same, as it provides all the details about the coverage and exclusions of the Subscription/Package/Program/Plan that you avail.
b) Yoga Vedanta offers (a) pay per session; (b) fixed subscription options; and (c) flexible subscription plan, which could be monthly, quarterly, half yearly, annual, recurring, non-recurring subscription options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days, a quarter constitutes 90 calendar days, a half year constitutes 180 calendar days and a year constitutes 365 calendar days.
c) The packages/subscriptions/programs/plans offered by Yoga Vedanta, details of fees and any discounts on these packages/subscriptions/programs/plans, if applicable, will be reflected on the Site.
d) All amounts are payable and charged at the time you place your Order for availing Services through any package(s)/subscription(s)/program(s)/plan(s). You agree to pay for all fees and charges incurred while availing the Services. Additional taxes or third party charges may apply.
e) Yoga Vedanta reserves the right to change our Subscriptions/Packages/Programs/Plans or adjust pricing for our Services or any components thereof in any manner and at any time as Yoga Vedanta may determine in its sole and absolute discretion.
f) Yoga Vedanta does not guarantee that the charges will be the lowest in the city, region or geography or if the Services will be available at all times.
3. Code of Conduct
a) Users must conduct themselves in an appropriate, ethical and a decent manner, and in accordance with the Terms of Use so as to not interfere with the rights and comfort of other Users.
b) Users should wear loose fitting cotton clothes like T-shirt and track pants etc.
c) During the classes, you agree and permit the trainers to adopt necessary methods towards correcting your posture in line with the on-going exercise.
d) Yoga Vedanta reserves the right to review the usage of the Services by you. In the event that Yoga Vedanta, based upon its sole discretion and wisdom, finds the behaviour of a User as inappropriate or unbecoming, we reserve the right to deny admission or to ask such User to leave the classes/session/workshop or suspend/cancel your package/subscription/program/plan in accordance with these Terms.
4. Cancellation & Refund Policy
a) Yoga Vedanta reserves the right to reschedule any classes, courses, sessions and workshops. Yoga Vedanta shall use best efforts to intimate you in advance of such rescheduling of classes, courses, sessions and workshops however, Yoga Vedanta shall not be responsible in any manner for any inconvenience or loss caused to you as a result of such rescheduling or delay in performance or failure to meet its obligations.
b) In case there is no unfulfillment from Yoga Vedanta, any package(s)/subscription(s)/program(s)/plan(s) bought by you for availing Services are non-refundable, non-exchangeable, and non-saleable.
c) In the event, you wish to discontinue with any package(s)/subscription(s)/program(s)/plan(s) bought by you for availing Service(s), you will not receive a refund for the fees you have already and you will be entitled to receive the Services until the end of your package(s)/subscription(s)/program(s)/plan(s).
d) In case of non-consumption of your package(s)/subscription(s)/program(s)/plan(s) or non-availment of the service(s) you have paid for, a refund/extension is not applicable.
e) In case of a transaction made to purchase a single day session/workshop/course, you are not entitled to a refund or any rescheduling if you fail to attend the same.
f) In case of any unfulfillment from Yoga Vedanta, subject to your discretion, your payment will be refunded or adjusted towards any other Service(s) that you may avail.
g) Yoga Vedanta shall have the right to cease/terminate relationship with you unilaterally without any reason, and applicable amount or pro-rata refund, as the case may be, shall be refunded to you subsequently.
5. Acceptance of Terms of Use
a) Use of and access to the Site and the Services is offered to you upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by Yoga Vedanta at its sole discretion and posted on the Site.
b) By (i) using this Site or any Services in any way; or (ii) merely browsing the Site, you agree that you have read, understood and agreed to be bound by these Terms of Use available on the Site.
c) Yoga Vedanta retains an unconditional right to modify or amend this Terms of Use without any requirement to notify you of the same. It shall be your responsibility to check this Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to this Terms of Use on the Site, will constitute your consent and acceptance of those changes.
6. Payment Services
a) All payments in respect of the Services shall be made to Yoga Vedanta through the Site. To the extent permitted by applicable law and subject to Yoga Vedanta’s Privacy Policy, you acknowledge and agree that Yoga Vedanta may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
b) In order to make payments online, you undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Site in good standing. By providing the Payment Details, you represent, warrant, and covenant that: (i) You are legally authorized to provide such Payment Details; (ii) You are legally authorized to perform payments using such Payment Details; and (iii) such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law. You agree that you are responsible for any fees charged by your mobile carrier in connection with your use of the payment services through your mobile.
c) Except to the extent otherwise required by applicable law, Yoga Vedanta is not liable for any payments authorized through the Site using your Payment Details. Particularly, Yoga Vedanta is not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Yoga Vedanta’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
d) With regards to payments, the Yoga Vedanta shall not be responsible for any unauthorised transactions conducted on our Site using your payment card or internet banking. Yoga Vedanta shall not be obligated to refund any money to you in such instances
7. Use of Site & Services
a) Subject to compliance with the Terms of Use, Yoga Vedanta grants you a non-exclusive, revocable, limited privilege to access and use this Site and the Services. You agree to use the Services, Site and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Site by the Yoga Vedanta/other Users.
b) You agree not to access (or attempt to access) the Site and the materials or Services by any means other than through the interface that is provided by Yoga Vedanta. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or all text, videos, graphics, user interfaces, images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof), or in any way reproduce or circumvent the navigational structure or presentation of the Site, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Site.
c) You acknowledge and agree that by accessing or using the Services, you may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable. Yoga Vedanta disclaims all liabilities arising in relation to such offensive content.
d) If the Yoga Vedanta allows you to share, post and upload any material, you hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted by you is your sole responsibility. Yoga Vedanta reserves the right to review any information provided/data uploaded, if any, by you and delete any information/data that is inconsistent with these Terms of Use.
e) Further, You undertake not to:
i) defame, abuse, harass, threaten or otherwise violate the legal rights of others;
ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
iii) copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Yoga Vedanta;
iv) conduct or forward surveys, contests, pyramid schemes or chain letters;
v) upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
vi) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation another's device or provide you undue advantage or benefit in purchasing goods / availing services;
vii) engage in any activity that interferes with or disrupts access to the Site or the Services or the Content (or the servers and networks which are connected to the Site);
viii) attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site, to any server, or to any of the Services offered on or through the Site, by hacking, password mining or any other illegitimate means;
ix) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Site, to its source, or exploit the Content, Site or Services or information made available or offered by or through the Site, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided on the Site;
x) disrupt or interfere with the security of, or otherwise cause harm to, the Site, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites;
xi) collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
xii) use any device or software to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site;
xiii) use the Site or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Yoga Vedanta or other third parties;
xiv) violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
xv) violate the Terms of Use contained herein or elsewhere; and
xvi) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Site.
8. Intellectual Property Rights
a) The Site and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (hereinafter collectively referred to as the “Content”) on the Site is owned and controlled by Yoga Vedanta and/or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
b) The trademarks, logos and service marks displayed on the Site (hereinafter referred to as the “Marks”) are the property of Yoga Vedanta and/or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Yoga Vedanta or the third party that may own the Marks.
c) If you believe the Site or any of the Services violates your intellectual property, you must promptly notify Yoga Vedanta in writing at info@yogavedanta.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the cancellation of your access to the Site. You are required to provide the following details in your notice:
i) The intellectual property that you believe is being infringed;
ii) The item that you think is infringing and include sufficient information about where the material is located on the Site;
iii) A statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Site;
iv) Your contact details, such as your address, telephone number, and/or email;
v) A statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
vi) Your physical or electronic signature.
9. Disclaimer of Warranties & Liability
a) You expressly understand and agree that, to the maximum extent permitted by applicable law:
i) the Site, Services and other Content are provided by Yoga Vedanta on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Yoga Vedanta makes no warranty that (i) the Site or the Services or the Content will meet your requirements or your use of the Site or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Site, or Services will be effective, accurate or reliable; (iii) the quality of the Site or Services or Content will meet your expectations; or (iv) any errors or defects in the Site or Services or Content will be corrected. No advice or information, whether oral or written, obtained by you from Yoga Vedanta or through use of the Services shall create any warranty not expressly stated in the Terms of Use.
ii) Yoga Vedanta will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Yoga Vedanta also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content.
iii) Yoga Vedanta has endeavoured to ensure that all the information on the Site is correct, but the it neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Services. Yoga Vedanta shall not be responsible for the delay or inability to use the Site or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise. Further, Yoga Vedanta shall not be held responsible for non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond the Yoga Vedanta's control. You understand and agree that any material or data or Content downloaded or otherwise obtained through the Site is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
10. Indemnification & Limitation of Liability
a) You agree to indemnify, defend and hold harmless Yoga Vedanta and any of its affiliates, franchisees, business partners and their respective instructors, staff, owners, sponsors, representatives, directors, officers, independent contractors, consultants, agents, employees and/or volunteer staff from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Yoga Vedanta and any of its affiliates, franchisees, business partners and their respective instructors, staff, owners, sponsors, representatives, directors, officers, independent contractors, consultants, agents, employees and/or volunteer staff that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, you agree to hold Yoga Vedanta and any of its affiliates, franchisees, business partners and their respective instructors, staff, owners, sponsors, representatives, directors, officers, independent contractors, consultants, agents, employees and/or volunteer staff harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Site or Services or Content, any misrepresentation with respect to the data or information provided by you, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.
b) In no event shall Yoga Vedanta and any of its affiliates, franchisees, business partners and their respective instructors, staff, owners, sponsors, representatives, directors, officers, independent contractors, consultants, agents, employees and/or volunteer staff be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with your use of or access to the Site, Services or Content on the Site. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
c) In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Yoga Vedanta and any of its affiliates, franchisees, business partners and their respective instructors, staff, owners, sponsors, representatives, directors, officers, independent contractors, consultants, agents, employees and/or volunteer staff aggregate liability arising out of or in connection with these Terms of User or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged from you.
d) If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Yoga Vedanta shall be the minimum permitted under applicable law.
11. Violation of the Terms of Use
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Yoga Vedanta for which monetary damages would be inadequate, and you consent to Yoga Vedanta obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Yoga Vedanta obtaining may have at law or in equity. If Yoga Vedanta takes any legal action against you as a result of your violation of these Terms of Use, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
12. Suspension & Termination
a) The Terms of Use will continue to apply until terminated by either you or Yoga Vedanta as set forth below. If you object to the Terms of Use or are dissatisfied with the Site, your only recourse is to stop accessing the Site.
b) Yoga Vedanta may delist you or block your future access to the Site or suspend or terminate your use of its services if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Yoga Vedanta chooses to terminate them.
c) If You or Yoga Vedanta terminate your use of the Site or Services, Yoga Vedanta may delete any Content or other materials relating to your use of the Services and it shall have no liability to you or any third party for doing so. However, your transactions details may be preserved for purposes of tax or regulatory compliance.
d) You shall be liable to pay for any Services that you have already purchased till the time of termination by either party whatsoever.
13. Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi.
14. Report Abuse & Grievance Redressal
In the event you come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Site or if you wish to report a grievance regarding Site or Services, please report the same to the our Grievance Officer, whose contact information is detailed below:
E-mail: info@yogavedanta.com
Postal Address: A2/91, Second Floor, Janakpuri, New Delhi – 110058.
Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.
15. Communications
You hereby expressly agree to receive communications by way of instant messaging/SMS and/or e-mails from Yoga Vedanta relating to the Services provided through the Site. You can unsubscribe/ opt-out from receiving communications through instant messaging, SMS and e-mail anytime by e-mailing to info@yogavedanta.com . However, this may limit the extent of Services that you can avail.
16. General Provisions
a) All notices from Yoga Vedanta will be served by email to your registered email address/mobile number or by general notification on the Site. Any notice provided to the Yoga Vedanta pursuant to the Terms of Use should be sent to info@yogavedanta.com with subject line - Attention: TERMS OF USE.
b) You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Yoga Vedanta’s rights under the Terms of Use are freely transferable to any third party without the requirement of seeking your consent.
c) If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
d) Any failure by the Yoga Vedanta to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Yoga Vedanta of that provision or right.