TERMS AND CONDITIONS OF SALE
We <www.aditi.yoga> (“Website/we/our/us”) welcome you (“User/you/your”) to our Website. You may access to the Website subject to the Terms and Conditions (“TNCs”) mentioned hereinafter.
Before you start using the Website or its services, we urge you to get acquainted with the TNCs and carefully understand the rights and obligations arising from them. Your use of the Website signifies that you have read, understood and have agreed to be bound by the TNCs.
The TNCs have been drafted to ensure that you understand your rights, obligations, liabilities, duties and responsibilities while accessing the Website and in regards to the goods and services offered by and through the Website. The Website provides online yoga and meditation coaching through video conferencing applications. These coaching sessions will be provided all over India and Abroad and the website will primarily provide services related to yoga and meditation (hereinafter referred to as “Services”). Please note that the Services mentioned herein are subject to change and the Website may at its sole discretion discontinue any Services, at any time, without giving you any reason whatsoever.
The TNCs lay down the terms and conditions on which you have been granted access to the Website. They provide you with an understanding of your rights and obligations with regards to the Services offered by the Website. You are hereby requested to read the TNCs carefully as these shall governs the relationship between you and the Website at all times. Your acceptance of the TNCs is mandatory in order for you to access the Website and avail its services. Your continuous use of the Website shall denote that you have read and understood these TNCs and have agreed to be bound by it. You explicitly agree that you shall not use / access the Website if you do not agree/accept the TNCs.
The TNCs form an electronic record as per the Information Technology Act, 2000, and the rules made there under and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
We understand that after going through the TNCs you may have certain concerns or queries in regards to your rights and obligations mentioned herein. We endeavor to resolve / address any of your concerns, which you may have. It is for this purpose we have provided you with our contact detail. Kindly feel free to get in touch with us at the below mentioned details and we shall strive to provide you with any clarifications and address your concerns at the earliest.
Your use of the Website is subject to your acceptance of the TNCs and the Additional Terms. You understand that we may update, amend, modify the TNCs and the Additional Terms published and posted on the Website from time to time.
The reason the TNCs and Additional Terms are updated/ amended/ modified is because the Website strives to provide you with a customized online shopping experience specifically tailored to suit your needs. For this purpose, the Website may undertake certain upgradation of its features from time to time. This may incidentally require us to amend/modify/update these TNCs, in compliance with the applicable laws of the country without giving any reason whatsoever. In case of such an update, we may inform you on your personal e-mail id, if available. There may be a possibility that we may not have your personal email-id for any reason whatsoever and are not able to communicate the updated TNCs to you. To ensure compliance with the TNCs, we insist that you frequently visit the Website and update yourself with the contents therein from time to time. The continued use by the User of the Website after the amendment indicates that the User has accepted the amended/updated TNCs and agrees to be bound by it.
The TNCs govern the online sale of the Products and service offered by / through the Website and is binding on the User for the purpose of the sale of Products and Services. Any conflict for the purpose of using the Website, between these TNCs and any other document, these TNCs would prevail for the purposes of usage of the Website.
As a condition of purchase, the Website requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You may choose to opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. The offers made in those promotional emails shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change. By placing an order, you make an offer to us to purchase products you have selected based on standard Website restrictions and on the terms and conditions stated below.
ELIGIBILITY / COMPLIANCE
You are allowed to access the Website or use its services, only if you are competent to contract according to Indian Contract Act, 1872. For the purpose of this Act, you must be at least 18 (eighteen) years of age and competent to understand and consent to the terms, conditions, obligations, representations and warranties set forth in the TNCs. In case you are below the age of 18 (eighteen) years, you may use or access the Website only under the strict guidance/ supervision of your parents or legal guardian, in accordance with the applicable laws.
You acknowledge and agree that you shall only access the Website or our services in compliance with the applicable law of India and shall not in any manner violate the rights of the Website or any third party. If the Website, for any reason whatsoever, determines that your use of the Website is against the rules laid down by the Website or the laws applicable therein, the Website may at its discretion ban you from accessing / using the Website without giving any reason thereof.
You acknowledge and agree that your use of the Website shall be in compliance with the applicable laws of the country and the TNCs mentioned herein and shall not involved in any activity which may be in conflict with them. You agree to form one account and shall not represent yourself with different names by making various accounts andshall not sell, prohibit, trade or otherwise transfer your account made on the Website to any third party.
We strive to make every possible effort to personalize your experience on the Website, making it easily accessible with easy to use feature for you. To make the Website understandable to every User you may avail the option of translating the TNCs to a language of your competence/ understanding. This translation of the TNCs is only for your convenience and the TNCs in English shall govern the contractual relationship between the you and the Website.
The Website provides you with the opportunity to experience a variety of yoga and meditation practices. The Website is equipped with facilitating the payment for the classes ordered, through third party associates and shall also provide you a payment receipt number along with time slot of your booked classes.
SIGN UP/ CREATING AN ACCOUNT
The Website is designed for the purpose of providing you with an online platform for learning and performing yoga & meditation which is the primary objective of the Website. You may create an account in order to avail any Services from the Website or we also have an option to checkout as a guest. The account is required so that we may provide you with easy access for your convenient booked slot for yoga or meditation class and view your past purchases and to ensure safe and secure transactions on the Website. This account shall enable you to book any class which will be available on a particular day as per the availability of the slots you desire and subscribe to the aforementioned services of the Website. In order to sign up / create an account / or checkout as a guest on the Website, you are required to provide certain information, including but not limited to, your name, e-mail id, postal address, billing address, phone number, password and such other information as may be required by the Website. Once you have successfully created an account, you may avail the services of the Website by logging in to your account.
In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form.
Other than signing-up/ creating an account on the Website, by entering the required details, you may also use third party social networking platforms such as Facebook or Google, to sign up/ create an account on the Website. In case you decide to sign up/ create an account using a third party social networking platform, you consent the Website to access your public profile available on such platform.
You agree, acknowledge and assure us that you shall not share your signup details with any other person and shall only have one personal account on the Website.
In case of any unauthorized use of your account you shall contact and inform the Website of such mis-use of your account at the earliest. In case your account is being used for any unauthorised purpose or in contravention of the TNCs, the Website may take necessary steps to ensure compliance with the TNCs and prohibit your access to the Website.
SUSPENSION/DISCONTINUANCE/ ALTERATIONS IN THE SERVICE
The Website has the absolute and unfettered right to suspend or cancel the services provided to you by the Website or make alterations to existing services without giving any notice if the User acting in contravention to the TNCs. It is agreed between the Parties, that if the Website, suspends/cancels your access / usage of the services on the Website, you shall not be able to access your account or any details / information contained in your account.
CONTENT ON THE WEBSITE
We have provided the content on the Website to the best of our knowledge and shall ensure that such content is maintained effectively and accurately at all times. However, the content provided on the Website is only for the purpose of providing you with various Services related yoga & meditation along with its pricing information. The Website may amend or change the content on the Website as and when it desires, including but not limited to the TNCs, Additional Terms, Products list, Product’s pricing, colours, theme etc. The Website shall not be liable to you in case of change in content or information provided on the Website. You are hereby requested to visit the Website frequently and keep yourself updated with the latest content on the Website.
INFORMATION PROVIDED BY THE USER
You are solely responsible to maintain the confidentiality of your account and the information contained therein. You shall be held fully responsible for all activities that occur in your account created on the Website. In case of any unauthorized use of your account by any other person, you shall immediately inform the Website about such unauthorized use of your account. You acknowledge and agree that in case you fail to comply with the requirement of this clause or are using your account in contravention of the TNCs, the Website shall not be held liable for any loss or damage you may incur whether direct or incidental.
In case the Website or any third party suffers any loss due to the unauthorized use of your account, resulting from failure to maintain the account information secure and confidential, the Website shall be entitled to claim such loss from you at your risk and cost.
You expressly authorize the Website to collect the information provided by you or acquired by the Website in compliance with the Privacy Notice, or is available on any other social platform and thereby using it for in accordance with the Privacy Notice.
You ensure the Website that the information, which you have provided on the Website, is true, accurate and complete. If the information you provided is incorrect or incomplete, or if the Website suspects that the information provided by you is untrue or incomplete, the Website shall, without giving you any prior notice, deny your access/use of its service and terminate your account with immediate effect.
OBLIGATIONS OF THE USER
Subject to the TNCs and Additional Terms, the Website grants you with a non-exclusive limited right to access and use the Website only for the purpose of availing the Services available on the Website for personal use and using such services which may be ancillary to the sale of such Services available on the Website.
You shall not be involved in any commercial activity with regards to the Services or any activity, which disrupts or interferes with the Services provided by the Website and shall not delete or amend or attempt to delete or amend any provisions or content posted on the Website. You shall not bypass any measures used by the Website for restricting your access to the Website and in case you are caught doing such activities or attempting to do such activities, the Website shall terminate your access permanently and with immediate effect and shall be entitled to claim from you any loss or damage incurred by the Website because of such a conduct.
You agree that the Website may modify/discontinue any part of the Website or charge/modify/waive certain features, in regards to the services available on the Website from time to time. You understand and agree that no explicit consent shall be required by you and your continued access of the Website post such modifications shall be assumed as your acceptance to the changes/amendments on the Website.
You shall not be involved in any unauthorized or illegal activity while accessing the Website or its features or any of its services either by hacking or by any other means, which may be illegal or unlawful.
The Website shall be the sole and exclusive owner of the intellectual property rights in regards to all/any content/material available on the Website or uploaded/posted on the Website or any content in relation to services offered by the Website and its material/content, including without limitation to the copyright, patents, brand name, logo, utility models, designs and other related rights and to the trademark or copyright on the brand name and logos of “ADITI.YOGA”, etc. You shall not claim or use without permission intellectual property rights over the Website or its content/material or any part of the Website to which you may have access on the Website.
The Website explicitly prohibits you to advertise or promote the Website or its material unless you have acquired a prior permission of the same from the Website.
You agree not to download, display, publish, and distribute etc., the content/material of/through which the User has an access on the Website and shall not in any way modify/alter, reproduce, delete, and add etc., any material / content, on/through the Website without the prior written consent of the Website.
You agree that you shall at all times protect the proprietary information/rights or any other rights of the Website and shall not infringe the rights and shall comply with the TNCs and the Additional Terms during your access/ usage of the Website.
You agree that infringement of the above provisions shall lead to strict actions against you in the appropriate forum and we shall seek all remedies available against you for violation of the applicable laws of the country.
LICENSE TO THE CONTENT
We have exclusive license to the content of the Website and have granted you with a limited, non-transferable licence for accessing and using the Website and its services for the sole purpose mentioned in the TNCs and Additional Terms, you agree to such license and shall not use the same in any manner which is illegal or against the TNCs. You expressly state that you shall not claim any right or ownership on the content provided to you in furtherance of the limited license for accessing and using the Website.
While accessing or using the website you shall not download or copy the content available on the Website for any unauthorized use. Any unauthorized use of the content available on the Website by you shall entitle us to terminate the permission or license granted to you for using and accessing the Website.
THIRD PARTY CONTENT ON THE WEBSITE
LIABILITIES AND WARRANTIES
We do not provide you with a warranty of any kind whatsoever, whether implied or express in regard to the Website, its service or material/content on the Website etc.
The Website shall not/ does not warrant that (i) the Website shall meet your requirements; (ii)you will be able to access the Website without interruption of any kind whatsoever; (iii) the result obtained by you shall be accurate;(iv) the service provided by the Website will meet your requirements;(v) any error, amendment in the or deficiency in the service shall be corrected by the Website; (vi) that any communication between you and the Website shall form the warranty; (vii)any recommendations made by the Website.
The liability of the Website towards you under the TNCs shall be limited to the extent of the amount charged by the Website for a particular service or Product.
The Website shall not be responsible/ liable for the infringement of intellectual property rights or related rights you may have over your content on the Website.
The Website ensures that all the information on the Website is correct but does not warrant or makes any representation regarding the quality, accuracy, and the extent of its truthfulness.
The Website is not responsible for its non-availability of the service due to some technical error or the Website is under maintenance.
You understand that your downloading of any data or any material or any related activity is at your own discretion and the Website shall not be liable if such act harms your computer or its data.
The Website shall not take responsibility for any third-party content/ advertisement, which may be only for informational/ promotional purpose and may be available on the Website or on your personal email id, which you have provided to the Website.
You agree to indemnify, guarantee and hold harmless the Website, its subsidiary, affiliates etc. for any damage, loss, claims arising in connection with any interest chargeable, legal fees or any kind of reimbursement by the Website arising as a result of the Website’s breach or non-performance of service, performance, warranty, agreement or any other reason whatsoever.
We may without limiting to any other remedies, immediately terminate your access to the Website and remove your account from the Website or other action as may be necessary: -
If you violate/breach the TNCs or any other policy governing all Users;
If you engage in any activity which is defamatory, vulgar, obscene, objectionable, unlawful etc.;
If the Website could not verify your identity from the information provided by you;
If you violate the right of other Users or any third party including but not limited to right to privacy, right to publicity, intellectual property rights etc.
We may, at its sole discretion, resume your access to the Website, which the Website had previously blocked/ suspended for the above mentioned reasons. You agree that you shall not attempt to re-register yourself in any manner whatsoever till the time we have unblocked your access to the Website.
In case you breach or attempt to breach the TNCs or Additional Terms or any other policy governing you, as amended from time to time, you shall be liable to us for any damage whether direct or incidental, occurred by us or by the Website due to your non-compliance of the TNCs or Additional Terms.
You understand that upon termination/suspension, your right to use/access the Website shall cease immediately.
You may also terminate/delete the account on the Website at anytime without giving any reason whatsoever.
On the termination/deletion of account by either party, your information shall remain stored with the Website for a particular period as prescribed by the Information Technology Act, 2000.
The Website shall, address your grievances, if any, within one month from receiving the grievance in accordance with Information Technology Act, 2000, and rules made there under, the name and contact details of the Grievance Officer are provided as below:
Ms. Aditi Chengappa
When the User receives the communication from the Website or visits the Website and sends an email, gives feedbacks, the User as well as the Website consents to communicate electronically. The Website may also communicate with the User by e-mail or by posting notices on the Website. The Website agrees that all agreements, notices, disclosures and other communications that the Website provides to the User electronically satisfy any legal requirement that such communications be in writing. The User and not the Website shall be responsible for all electronic communication and data (especially sensitive data) sent from the User’s computer to the Website.
You hereby represent, consent, express and agree that you have read and understood the Privacy Notice of the Website and have agreed to be bound by the same.
If any provision of the TNCs is or become invalid, illegal or unenforceable, the legality or enforceability of the remaining provisions shall not in any way be affected or impaired. The remaining provisions shall be enforced at the maximum permissible extent so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the TNCs shall continue in full force and effect.
Any failure by the Website to enforce or exercise any provision of the TNCs or any related rights shall not constitute a waiver by the Website of that provision or right.
The Website may waive any provision of the TNCs at any time. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach or non-fulfilment on a future occasion. All remedies, either under the TNCs, or by applicable laws or otherwise afforded, will be cumulative and not alternative.
The Website shall not be liable to the User if due to any reason whatsoever the User could not access the Website or there is any delay in accessing the Website. If the User or the Website fails or delays in performance of any act required by the TNCs by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, pandemic (COVID-19), acts of God, acts of war, fire, insurrection, riots, explosions or other acts of like nature, then such party shall be excused for the period of delay caused due to such reason and the period for performance of such act shall be extended for the period equivalent to the period of such delay, up to a maximum of 24 (twenty four) months.
GOVERNING LAW/ DISPUTES
The Parties agree that all disputes, claims, differences arising in connection with the TNCs between the User and the Website with regards to the validity, interpretation etc., shall be subject to arbitration by a sole arbitrator, appointed by the Website, who shall be a neutral and an independent party.
The seat of the arbitrator shall be New Delhi, India.
The arbitration proceedings shall be conducted in the English Language under the Law of India and shall be governed by Arbitration & Conciliation Act, 1996.
The Arbitral tribunal award shall be substantiated in writing and it shall also decide on the costs of the arbitration proceedings.
Agreement of Release
By registering and participating to any of these classes you agree to the terms and conditions outlined in the “ Yoga with Aditi Agreement of Release and Waiver of Liability Form” Terms and Conditions. You hereby agree to the following:
That you are participating in a Yoga Class, Workshop, or Pre-‐ registered yoga session offered by Yoga with Aditi during which you will receive information / instruction about Yoga. You recognise that yoga may require some physical exertion, which may be strenuous and may cause physical injury. I am fully aware of the risks and/or hazards involved.
You understand that it is your responsibility to consult with a physician prior to and regarding your participation in the Yoga Class, Workshop, or Pre-‐registered yoga session. You certify that you are physically fit and I have no medical condition, which would prevent my full participation in the Yoga Class, Workshop or Pre-‐registered yoga session.
You agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in any yoga program at Yoga with Aditi, including online live streaming yoga.
You knowingly, voluntarily and expressly waive any claim that you may have against Yoga with Aditi, its instructors and staff, and its owners, for any injury, death or damages that you may sustain as a result of participating in a Yoga Class, Workshop or Pre-‐registered yoga session;
You agree that you will not record, photograph or video any online classes and fully respect other student’s privacy. Violation of this clause will result in termination from all future classes and we reserve our right to pursue all legal recourse. Yoga with Aditi does not take responsibility for any violation of this provision by a third party.
You, your heirs or legal representatives, forever release, waive, discharge and covenant negligence or other acts.
You have read the above release and waiver of liability and fully understand its contents. You are 18 years of age or older and voluntarily agree to the terms and conditions stated above.