These following Terms and Conditions ("Terms") are entered into by and between Diva Yoga and You (hereinafter: “the Member”).
1.1 Diva Yoga is a brand owned by Seven Billion Breaths Private Limited (herein and henceforth referred to as Company/SBBPL), and therefore all the invoices and other official communication to our members will be done under Seven Billion Breaths Private Limited.
At SBBPL, we are committed to providing you with exceptional services and ensuring a positive and rewarding experience. These Terms outline the rights and obligations between you and SBBPL, so it is important to familiarize yourself with them.
Outlined below are the terms & conditions applicable for the two verticals namely (i) Studio Services & (ii) Online Sessions, through which our services are delivered. These Terms govern your access to and use of our services, both online and offline. By accessing our website or availing yourself of our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
1. Membership & Services
1.1 The membership entitles the usage of Diva Yoga facilities and equipment & services available therein.
1.2 The membership gives access to the Diva Yoga studio allotted to the members, except if specified otherwise.
1.3 Membership entitles the member to a specific number of yoga sessions based on the membership package purchased. These sessions must be consumed during the term of the Membership.
1.4 By enrolling with us members agree to share their contact number and email id to receive communication from Diva Yoga in the form of SMS, WhatsApp messages, Newsletters and Phone calls.
1.5 Membership fee once paid cannot be cancelled or refunded.
1.6 The members are requested to report 10 minutes before the time of the session. Any member coming late will not be allowed to attend class.
1.7 Members are requested to remove their shoes outside the studio before entering.
1.8 Members must note that the lockers (if available in the studios) are for temporary storage only. All lockers are emptied every night and any items left behind will be discarded.
1.9 The expiry date of any membership is always the last day and last session of the membership period.
1.10 Diva Yoga reserves the right to change the trainers, schedules, rosters and timetables as we deem fit. Members may voice their choices, however, the final decision rests with the management.
1.11 In case of any lockdown implemented by local authorities the members are eligible for extension of prorate membership tenure.
1.12 Membership fees must be paid in advance. The membership commences when Diva Yoga has received the membership fee from the member.
1.13 Though all reasonable care will be taken by the Instructors, Diva Yoga is not liable for any injuries/damages that might occur during the Yoga Session.
1.14 Any workshops conducted by Diva Yoga during the terms of the membership will be paid workshops and will be optional for the member subject to payment of additional workshop fees.
2. Transfer of Membership
2.1 Transfer of membership is applicable from Member to Non Member by paying a transfer fee amount of Rs 2000 /- ( Inclusive of taxes ).Transfer of membership from Member to Member not allowed.
3.1 The member need not have any prior experience of yoga.
3.2 There is no age limit to join the Yoga sessions.
3.3 She/He must take responsibility for their decision to join Yoga considering their previous health ailments/ chronic disorders etc., if any.
3.4 In case of a serious medical condition, a doctor’s approval should be submitted before the enrolment.
3.5 However, the member must be responsible enough to attend the sessions regularly and to abide by the Terms & Conditions.
4. Session Decorum
4.1 Members purchase yoga packages with agreement to follow the session and the batch timings which are allotted to the member during the enrolment. The batch timings cannot be rescheduled or changed once accepted by the member unless agreed in advance on invoice and confirmed on email by respective studio manager.
4.2 The number of sessions in a week is scheduled on the basis of the package purchased by the member.
4.3 The maximum duration of each session will be 60 minutes.
4.4 Diva Yoga has the sole discretion of allocating instructor for the sessions. Personal preference for instructor(s) communicated or expressed by any member will not be considered at any point for change in allocation of instructor(s).
4.5 The Member will strictly follow all instructions issued by the Instructor during the Yoga Session.
5. Use of facilities
5.1 The Yoga studio and related facilities will be used for training purposes only.
5.2 Lockers are available for Members to keep their belongings during yoga sessions.
5.3 Diva Yoga does not take responsibility for loss or theft of any personal belongings of members that are kept inside or outside the lockers.
6. Code of Conduct
6.1 The member must respect the behavioural and operating principles and follow them on all occasions. This includes, but is not limited to:
6.1.1 Wearing appropriate and clean clothes & shoes. 6.1.2 Leaving props intact after usage. 6.1.3 Behaving in a friendly and respectful manner towards the other members as well as the Diva Yoga staff. 6.1.4 Consumption of alcohol, tobacco or any other addictive materials is not allowed. 6.1.5 Consumption of foods/ beverages (except water) inside the Yoga studio is not allowed. 6.1.6 The instructor can be contacted only during the session. In case, communication is necessary beyond the session hours, members can send messages to the respective studio manager 6.1.7 Inappropriate or abusive communication to the instructor or any fellow member in any form (verbal, SMS, mail or WhatsApp) will not be tolerated. Any such communication will immediately brought to notice of Diva Yoga management, who then can decide upon termination of membership with immediate effect. 6.1.8 Please rack shoes before entering for class . No outside Shoes allowed inside the studio. 6.1.9 Members will abide by any necessary protocols implemented by DIVA Management in line with COVID related restrictions placed by local authorities.
7. Studio Decorum
7.1 Studios open at specified time-slot, except on Sundays, public holidays or Government declared holidays.
7.2 Members will be provided with a schedule for sessions to be conducted.
7.3 Members need to attend the Yoga sessions at the specified time-slot.
7.4 Diva Yoga’s staff will communicate to members in case there is/are any changes in the schedule or cancellation of session due to unavoidable circumstances.
7.5 Cell phones should be turned off/ put on silent in the studio. The phone should be kept in the bag/away from the mat during class.
8. Access & Security
8.1 Diva Yoga studios maintain access control for the members.
8.2 Members to book sessions in advance on Yoactiv Platform before attending the sessions in studio.
8.3 Members will be allowed to go inside the yoga studio using the biometrics facility at the premises.
8.4 If the biometrics facility is not available at the premises, the members need to sign on attendance register.
8.5 If required, a member may be asked to provide identity proof at the reception. 8.6 No one else will be allowed to get inside the Yoga studio with the member or during the absence of a member, by using the membership details.
8.7 Members will abide by any necessary protocols implemented by DIVA Management in line with COVID related restrictions placed by local authorities.
9. RENEWAL OF MEMBERSHIP
9.1 At the end of the membership package chosen by the member, She/He may decide to renew the membership one month prior to the expiry date.
9.2 The member needs to approach the front-desk executive or the trainer or the studio manager to renew the membership.
10. FROZEN MEMBERSHIP
10.1 Frozen Membership: Freezing of membership is applicable only for Pregnancy, (duration : 9 months) and for severe medical conditions (Duration 6 weeks). Medical Reports & Certificates to be submitted, once approved can avail the same.
11. TERMINATION OF MEMBERSHIP
11.1 The membership can be terminated at Diva Yoga management’s discretion, in case any violation of code of conduct occurs.
12. POSTING PHOTOGRAPHS AND VIDEOS ON SOCIAL MEDIA
12.1 Diva Yoga may decide to post member photographs and videos that are taken inside the studio (e.g. group photos) on social media.
12.2 However, if a member has any objection for posting his/ her photograph, s/he needs to inform Diva Yoga representative at the studio. Necessary actions will be taken to remove the photograph.
13.1 All requests from members related to yoga sessions will be evaluated and a decision on the requests will be taken by Diva Yoga’s authorized personnel.
13.2 Terms, Conditions, and Fees are subject to change at the sole discretion of Diva Yoga.
13.3 All disputes are subject to Chennai jurisdiction only.
1. Description of Service
These Terms of Service are applicable to all users (“Users”), who wish to take up One on One / Group training from DIVA Yoga Trainers Online and related media services and content distribution Services and community providing Services through the company’s website video streaming Services under www.divayoga.com and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Services”).
These Terms govern the User’s use of the Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided digitally by the company.
2. Changes to Terms
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to the User. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. The User agrees to review these Terms of Service from time to time and agree that any subsequent use by the User of the Services following changes to these Terms of Service shall constitute the User’s acceptance of all such changes. Under certain circumstances, Company may also elect to notify User of changes or updates to Company’s Terms by additional means, such as pop-up or push notifications or through e-mail notifications.
3. Access and Use of Service
ii. Class Related
a) In case of one on one personal training session - a class is defined as NO SHOW if the User has not joined the class within 10 minutes of the scheduled start time, the class may be cancelled, without any compensatory class and will be treated as a missed class and will be fully chargeable.
b) NO SHOWs due to late joining or un-availability of the User are not entitled to a compensatory class. However, with a prior written notice of 48 hours communicated to the Company, Company will help User reschedule the class depending on the availability and schedule of Company’s coaches. User can write to “firstname.lastname@example.org” in case of online personal training session. In case of in person training the user can reach out to concerned front desk executive / studio manager.
c) For NO SHOW due to technical issues, the Company will arrange for compensatory classes if the user has reached out to the instructor/ the Company’s help desk at least 3 hours before the scheduled classes. In case technical issues are experienced during or before the class hours, the Company will arrange for compensatory classes if the reported issue is found true and is validated by The Company’s team.
d) For training and quality purposes, the Company will maintain a digital record of the class which will be the property of the Company. The Company reserves the right to analyse the recorded data for such purposes as may be deemed suitable for enhancement of the course, quality of teaching and overall class experience. A class will only be recorded only if the user consents to it.
e) Depending on the package fee and the tenure, the User is entitled to get a maximum number of classes within the stipulated period.
iii. Pause Policy
a) Pause Policy is not applicable for all. It is only for annual packages for one on one personal training sessions unless otherwise specified.
b) Users can request long pauses (7 days, or more), and Company will pause the package. The maximum time a User can pause their package is 30 days unless there is a medical condition, for which Company will require the User to submit the relevant medical reports.
c) When a User resumes after a pause, the User can get a new coach or the same coach based on availability and schedule. To raise this request, User can write to “email@example.com” in case of online personal training session. In case of in person training the user can reach out to concerned front desk executive / studio manager.
a) In the Company, we have defined holidays - 1 on New Year's Day, 4 mandatory Public Holidays and 5 Optional Regional Holidays depending on the region, country or city.
b) For every holiday, the tenure of every User is extended by the same duration or the coach & the User can take compensatory classes within the validity of their membership period too.
v. Coach Transfer/ Coach Change Policy
a) A coach transfer can happen under various circumstances such as unavailability of preferred time slots, request for a change of coach by the User, discontinuation of classes from a coach, coach resigning from the Company, etc.
b) If the User wants to change the timing/days of his/her classes, User will have to send a written request and if their preferred coach is not available, Company allotting another coach to them at their sole discretion. To raise this request, the user has to write to us at firstname.lastname@example.org.
4. User’s Conduct
The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all Users agree not to use the Services, for any purposes other than designated by the Company. The User is prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew pay-outs.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
5. User Information
The User is solely responsible for the information s/he inputs or uploads to the Services and warrant and represent that the User has the right and authorization to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information User inputs or uploads is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.
If the User registers for the Services, s/he will be asked to provide certain information including a valid email address. The User warrants and represents that all such information is current and accurate, and will be kept up-to-date.
The User is responsible for maintaining the confidentiality of his/her information as it relates to the Services, including the username and password, and are responsible for all uses of the username and password whether or not authorized by the User. If the User wishes to have someone else use his/her device, it is important that the User always logs out so no other individual will have access to his/her content.
The User agrees to immediately notify the Company of any unauthorized use of his/her username and password. User calls are recorded by default by the Company, unless specifically instructed otherwise by the User.
7. Use of Services
The Services are offered for in person classes in studios, group workout activities (including oneline classes), video streaming and related materials and is only a conduit for video streaming and related materials.
i. Medical Disclaimer:
a. Before starting any yoga or other exercise program through the Service, the User may consult his/her physician to determine if such program is right for the User’s needs. Company is not a medical organization and its teachers or staff cannot give the user any medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by the user and are carried out at the user’s election while using the Service. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis. By using the Services, the User represents that s/he understands that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. The User understands that it is his/her responsibility to judge his/ her physical and mental capabilities for such activities. It is the User’s responsibility to ensure that by participating in classes and activities from the Company, s/he will not exceed his/ her limits while performing such activity, and s/he will select the appropriate level of classes for his/ her skills and abilities, as well as for any mental or physical conditions and/or limitations the user has. The User understands that, from time to time the trainers may suggest physical adjustments or the use of equipment and it is the User’s sole responsibility to determine if any such suggested adjustment or equipment is appropriate for his/ her level of ability and physical and mental condition. The User expressly waives and releases any claim that the User may have at any time for injury of any kind against Company, or any person or entity involved with the Company, including without limitation its directors, trainers, independent contractors, employees, agents, contractors, affiliates and representatives.
b. Each User is solely responsible for deciding whether the Services offered are suitable for his/ her own purposes and whether the Services match the User’s needs.
ii. Other Disclaimers by Company:
The Company makes no claims, representations or guarantees that the Services offered would provide a therapeutic benefit to all its Users. Company hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Services provided by the Company. The Company is not a health care provider or a medical device provider and that Company’s Services are neither medical/health care advice, nor a replacement for, or are a form of, therapy, and that the Services are not intended to cure, treat, or diagnose any medical conditions which a User may have.
iii. Inherent risks: The Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. User hereby asserts that User’s participation is voluntary and that User has knowingly assumed all such risks and hence hereby releases Company of all liability arising out of such aforementioned risks.
The User understands, agrees and allows the Company to track the User’s browsing activity whilst the User is browsing through the Company’s website and/ or mobile application in order to enable the Company to get a better understanding of User preferences and to provide a better User interface.
The Company grants the User a limited, non-exclusive license to access and use the Services for the User’s own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications.
If the User elects to access any component of the Services for which there is a fee, the User agrees to pay all fees and charges associated with his/ her account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on the User’s payment mode. Each User agrees to maintain valid payment information as part of the User’s account information when applicable.
Company may provide links to other websites or services for User to access. User acknowledges that any access is at his/her sole discretion and for User’s information only. Company does not review or endorse any of those websites or services. Company is not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. Company is also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. 8. Access to Services – Subscriptions & Purchases The Services may allow the User to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated in the relevant pages/ screens for which the User may purchase the digital content. Subject to the User’s payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Company grants the user a non exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by the User.
The Company makes no guarantees as to the resolution and quality of User’s digital content when streaming. The quality and speed of the User’s stream of digital content has many different variables, including the User’s connection speed, location, download speeds, devices, player and bandwidth. Once purchased, the amount paid cannot be refunded.
All subscription programs purchased by User are non-refundable, non-exchangeable, non-saleable and non-transferrable. In the event, User wishes to discontinue with its subscription, User will not receive a refund for the fees User has already paid for Users’s current subscription period.
Promo-codes and Discounts: In case of any promotional discounts offered by the Company through a discount code or voucher, not more than one discount code or voucher will be honoured at one time, that is to say, a User will not be permitted to use more than one discount code or voucher at a purchase.
Changing the Subscription Program and Fee: Company reserves the right to change its subscription programs or adjust pricing for its Services or any components thereof in any manner and at any time as the Company may determine in its sole and absolute discretion. Any price changes or changes to User’s subscription program will take effect following notice to User. The Company does not guarantee that the charges will be the lowest in the city, region or geography or if the Services will be available for delivery / performance at all times.
9. Payments & Billing
The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan.
By purchasing a payment plan, the User expressly agree that the Company is authorized to charge the User’s selected payment plan on the payment method the user designates. The User can update or change this information at any time by accessing the relevant section.
Receipts are sent once the charge is successful to the registered email account. The User’s subscription will continue in effect unless and until the user cancels his/ her subscription or the Company terminates it. The User must cancel his/ her payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
Transaction Summary: The payment receipt for completion of a transaction and the transaction summary shall be provided by the respective mobile app marketplace, or by the Company, as the case may be, and the payment receipt and transaction summary shall be sent to User’s registered email address.
Failed Transactions: Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using User’s Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (1) User’s 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) User has not provided the Company with correct Payment Details; (3) User’s payment card has expired; or (4) circumstances beyond the Company's control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) which prevent the execution of the transaction. With regards to payments, the Company shall not be responsible or liable for any unauthorised transactions conducted on Company’s platform using User’s payment card or internet banking.
Company is concerned about the quality of its Services and will pro-rata refund the monies that may have been received by it, as advance for any Personal Training sessions only in the event a User is not satisfied with the quality of Services & if the User terminates the services within 30 days from the start of service (without completing all the Personal Training sessions). After Company has pro-rata refunded the monies, the User shall not be entitled to any remaining Personal Training sessions. For better understanding of the Refunds process under various circumstances and its relevant calculations, User shall reach out to email@example.com.
11. User Comments and Suggestions
While the Company values User feedback, the User needs to be specific in his/ her comments and should not submit creative ideas, inventions, or suggestions. If, despite the prohibition, Users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to Users or any other third party. No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.
12. Intellectual Property
COMPANY NAME and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is prohibited.
The Services (including without limitation the related software and media, the design of the Services and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of the Company and is protected by copyright, trademark, and other intellectual property common and statutory laws of the India and under applicable laws of other countries.
The User agrees that COMPANY owns and retains all rights to the Services and that is content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the India and under applicable laws of other countries.
The User may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
13. Social Networking and Social Media Content Sharing
The User acknowledges and agrees that the Company will be capturing pictures and recording videos (including recording of live Zoom classes) of various yoga classes, Zumba sessions, and other related activities (“Recordings”) which are conducted as part of the Services. Company in its sole discretion shall have the right to use these Recordings or any part of it on Company’s social media channels and pages, on any digital advertising platforms and on various publications (print and electronic media). The User agrees that Company owns and retains all rights in these Recordings throughout the world and in perpetuity.
Users may have the option to Twitter, Facebook or other social networking Services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.
14. Use of Software
If the Services require or include downloadable software such as an app, or use of software provided by the Company for Publishers, the Company grants a personal, limited, non-exclusive and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through the Company’s App.
Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.
Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
This license does not allow Users to use the Software on any device that the User does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time. The User agrees that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. The User agrees not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for the user’s own benefit or for the benefit of any third party.
The User acknowledges and agrees that use of the Software may require the Company to acquire User’s mobile phone number and perhaps additional such information in order to obtain access Software.
The User agrees that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a User.
The Company shall have the right, and the User agrees, that in its sole discretion and with reasonable posted notice and/or sent to the User’s email address, to revise, automatically update, or otherwise modify the Software, at any time. The User’s continued use of the Software constitutes acceptance of and agreement to such changes.
This License is effective until terminated by the User or the Company at its sole discretion. User’s rights under this license will terminate automatically without notice if User fails to comply with any terms of this License. Upon termination, the User shall cease all use of the Software and delete all versions of the Software possessed by the user. The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
15. Copyright Infringement Notification
If the User believes that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, the User must notify the Company by providing Company’s designated copyright agent with the following information: The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work the user claims has been infringed, and a description of the activity that the user claims to be infringing;
Identification of the URL or other specific location on the Services where the material or activity the user claims to be infringing is located or is occurring; the User must include enough information to allow the Company to locate the material or the activity; User’s name, address, telephone number, and e-mail address;
A statement by the User, made under penalty of perjury, that (i) the information the user has provided is accurate and that the user is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) the user has a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
If the User believes in good faith that a notice of copyright infringement has been wrongly filed against, the User can send the Company a counter-notice that includes the following: The User’s name and address, and telephone number; The source address of the removed content; A statement under penalty of perjury that the user has a good faith belief that the content was removed in error; and A statement that the User consents to be governed by the laws of India and submit himself/herself to the exclusive jurisdiction of the competent courts of Mumbai, India. The Company has designated legal team as Company’s agent to receive notices of claims of copyright infringement. The user can contact “firstname.lastname@example.org”.
16. Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES. THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO THE USER IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION THE USER HAS UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
17. Limitation of Liabilities
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM THE USER’S USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THE USER UNDERSTANDS AND ACKNOWLEDGES THAT COMPANY WILL NOT BE LIABLE FOR ANY NETWORK-RELATED PROBLEMS ATTRIBUTABLE TO THE OPERATION OF THE SERVICE AND THAT NETWORK CONFIGURATION CHANGES MAY AFFECT THE SYSTEM'S PERFORMANCE.
THE USER HEREBY ACKNOWLEDGES AND AGREES THAT COMPANY SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM THE USER’S USE OF THE SERVICE, AS SET FORTH HEREIN. THE USER’S ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE THE USER’S USE OF THE SERVICE.
COMPANY SHALL IN NO CASE BE LIABLE FOR ANY PERSONAL INJURY HARM, OR DEATH RELATED TO USE OF THE SERVICE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
18. Indemnification The User Agrees to Defend, Indemnify, and hold harmless The Company and Its Subsidiaries, Affiliates, Officers, Directors, Employees, Agents, Representatives, and Partners, harmless from and against any Loss, Liability, Claim, Action, Or Demand, including without limitation reasonable legal and accounting fees, Alleging or Resulting From (I) The User’s use of The Services; (II) Any User generated content or Communications, Or (Iii) The User breaches of The Terms of this Agreement. The Company shall provide Notice to The User promptly of any such Claim, Suit, Or Proceeding and shall assist The User, at The User’s expense, in defending any such Claim, Suit or Proceeding. The Company reserves the right to assume the exclusive defence and control of any matter subject to immediate Indemnification.
By using the Services, the User consents to receive electronic communications from the Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to the User’s account.
20. Additional Terms and Conditions
Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between Users and the Company.
These Terms of Service shall be governed by and construed in accordance with the laws of Republic of India, without regard to conflict of laws. The User irrevocably consents to the exclusive jurisdiction of the courts located in Chennai, India in connection with any action arising out of or related to these Term of Service and waives any objection based on lack of personal jurisdiction, place of residence, improper venue forum non convenience in any such action. If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative. The User may not assign these Terms of Service or any of the User’s rights or obligations hereunder.
Except as expressly specified herein, this Terms of Service shall create rights and obligations only between the Company and each individual user and it does not create any rights for any other parties.
These terms shall be governed by and construed 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 located at Chennai.