Terms and Conditions
This
document is an electronic record in terms of Information Technology Act, 2000
and published in accordance with the provisions of Rule 4 of the Information
Technology (Reasonable security practices and procedures and sensitive personal
data or information) Rules, 2011 that require publishing the Rules and
Regulations, Privacy Policy and Terms and Conditions for access or usage of
Platform through Sattviko Mobile Application (hereinafter referred to as
“Mobile Application”) and Website – [www.sattviko.com or in.sattviko.com or www.sattviko.yoga
or in.sattviko.yoga ] (hereinafter referred to as
"Website") and our related Website, Application, Services, Products
and content (together with the Mobile Application and Website, collectively
referred to as “Services”).
Terms of Service
1. Name
Sattviko
FoodYoga is a brand owned by Rays Culinary Delights Private Limited (herein and
henceforth referred to as “Company”), and therefore all the monetary
transactions and official communication to our Users will be done under Rays
Culinary Delights Private Limited.
2. Description of Service
These
Terms of Service are applicable to all users (“Users”) of an online yoga program
and food products subscription service and related media services and content
distribution Services and community providing Services through its website
video streaming Services located under www.sattviko.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 Sattviko 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 by Sattviko (the “Company”).
By
accessing or using the Services, the User agrees to the Terms and accept to be
bound by them.
These
Terms and Conditions constitute a legally binding agreement made between The
User and The Company concerning your access to and use of the Website and Sattviko
Mobile Application as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Website and Mobile Application”). The Company may have
subsidiaries and affiliated legal entities around the world ("Subsidiaries
and Affiliates"), providing the Services to you on behalf of The Company.
You acknowledge and agree that all such Subsidiaries and Affiliates will be
entitled to provide the Services to you under the terms of this Agreement. You
agree that by accessing the Website and/or Mobile Application, you have read,
understood, and agree to be bound by all of these Terms and Conditions.
IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MOBILE APPLICATION AND YOU MUST
DISCONTINUE THEIR USE IMMEDIATELY.
3. 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. The User waives any right
to receive specific notice of each such change. It is The User’s responsibility
to periodically review these Terms and Conditions to stay informed of updates. The
User will be subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms and Conditions by The User’s continued
use of the Website/Mobile Application or using any of the Services after the
date such revised Terms and Conditions become effective.
4. Access and Use of Service
Users
accessing the Services must be at least eighteen (18) years of age. In case the
User is below 18 years of age, the User Registration information must be
verified by the parents/guardians.
As
a minor if The User wishes to use The Services, such use shall be made
available to The User by his/her legal guardian or parents, who should have agreed
to these Terms. In the event a minor utilizes the Application/Website/Services,
it is assumed that he/she has obtained the consent of the legal guardian or
parents and such use is made available by the legal guardian or parents. The
Company will not be responsible for any consequence that arises as a result of
misuse of any kind of The Website or any of The Products or Services that may
occur by virtue of any person including a minor registering for the
Services/products provided. By using the products or Services The User warrant
that all the data provided by The User is accurate and complete and that the
Minor using the Website has obtained the consent of parent/legal guardian (in
case of minors). The Company reserves the right to terminate The User’s account
and / or refuse to provide access to the products or Services if it is
discovered that The User is under the age of 18 (eighteen) years and the
consent to use the products or Services is not made by The User’s parent/legal
guardian or any information provided by The User is inaccurate. The User acknowledges
that the Company does not have the responsibility to ensure the The User conforms
to the aforesaid eligibility criteria. It shall be The User’s sole
responsibility to ensure that he/she meets the required qualification. Any
persons under the age of 18 (eighteen) should seek the consent of their
parents/legal guardians before providing any Information about themselves or
their parents and other family members on the Website
The
Company makes no claims that the Services may be lawfully accessed in any
specific location. Access to the Services may not be legal by certain persons
or in certain states or certain countries, or may require government
authorization or registration. When the Users access the Services, they are
solely responsible for compliance with the laws and regulations of their
jurisdiction.
5. 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
payouts.
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.
6. 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’s privacy rights are set forth in Company’s Privacy Policy.
Company
reserves the right to offer Company or third party services and products to the
User based on the preferences that the User identifies in his/her registration
and at any time thereafter, unless the user opts-out of receiving third party
services and products.
7. Username/Password/Security
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.
8. Use of Services
The
Services are offered only for video streaming and related materials and is only
a conduit for video streaming and related materials. The services might also
include a food subscription service wherein a set of designated food products
would be periodically delivered to The User.
Medical Disclaimer. Before starting any yoga or other exercise program
through the Service or consuming any of the food products, 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 The Company, or any person or
entity involved with the Company, including without limitation its directors,
trainers, independent contractors, employees, agents, contractors, affiliates
and representatives.
The
User understands and is aware that strength, flexibility, and yoga exercises,
including the use of equipment are a potentially hazardous activity. The User
also understands that fitness activities involve a risk of loss of personal
property, serious injury and even death, and that The User is voluntarily
participating in these activities and using equipment and machinery with
knowledge of the risk involved. The User hereby agrees to expressly assume and
accept any and all risks of loss of personal property, serious injury or death
related to said fitness activities. The User do hereby further declares to be
physically sound and suffering from no condition, impairment, disease,
infirmity or other illness that would affect nutrient metabolism or prevent The
User from participation or use of equipment or machinery except as hereinafter
stated.
And
The User also agrees that if he/she is suffering from any ailment or any
medical condition, The User has to inform and produce relevant documents to The
Company before beginning any program, physical activities or any other plans
that may be referenced, discussed or offered under the Services. The User does
hereby acknowledge that The Company has recommended to The User to obtain a
physician’s approval for The User’s participation in an exercise/fitness
activity or in the use of exercise equipment and machinery. The User also
acknowledges that The Company has recommended that The User have a yearly or
more frequent physical examination and consultation with a physician as to
physical activity, exercise and use of exercise and training equipment so that The
User might have his/her recommendations concerning these fitness activities and
use of equipment. The User acknowledges that he/she has either had a physical
examination and been given a physician’s permission to participate, or that The
User has decided to participate in activity and use of equipment, machinery,
and programs designed by Squats without the approval of a physician and do
hereby assume all responsibility for his/her participation and activities, and
utilization of equipment and machinery in the activities.
SATTVIKO
DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED
BY THE COACHES/TRAINING SPECIALISTS AND AVAILABLE ON THE WEBSITE AND/OR MOBILE
APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL
ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE
SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF THE USER THINKS, THAT HE/SHE HAS A
MEDICAL EMERGENCY, HE/SHE SHOULD CONSULT A DOCTOR IMMEDIATELY. THE USE OF THE
SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN THE USER AND THE
COMPANY OR ANY OF ITS PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES).
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.
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.
9. 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.
The
Company also makes no guarantee as to resolve The User of his lifestyle
problems via yoga or the food. The Company is merely making an effort help The
User in his lifestyle problems based on his discretion and willingness.
Once
purchased, the amount paid cannot be refunded.
10. 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.
The
Company reserves the right to correct any errors or mistakes in pricing, even for
an already requested or received payment. The Company also reserves the right
to refuse any order placed through the Website/Mobile Application.
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
THE
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, 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 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 Udaipur, India.
The
Company has designated legal team as Company’s agent to receive notices of
claims of copyright infringement. The user can contact [email protected]
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 DEFENSE AND CONTROL OF ANY
MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
19. Communications
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. The User also authorizes The Company’s designated
representatives to call, whatsapp, text, email or any other mode of
communication necessary to interact with the User on a frequent basis to check
the quality and the efficiency of The Service.
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 Udaipur, 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 Agreement shall create rights and
obligations only between the Company and each individual user and it does not
create any rights for any other parties.
21. Community Standards and Conduct
Guidelines
The
User may not access or use the Services for any purpose other than that for
which The Company makes the Services available. The Services may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As
a user of the Services, The User agrees not to:
1.
Systematically
retrieve data or other content from the Website/Mobile Application to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from The Company.
2.
Make
any unauthorized use of the Website/Mobile Application, including collecting
usernames and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by automated means
or under false pretenses.
3.
Use
a buying agent or purchasing agent to make purchases on the Website/Mobile
Application.
4.
Use
the Website/Mobile Application to advertise or offer to sell goods and
services.
5.
Circumvent,
disable, or otherwise interfere with security-related features of the
Website/Mobile Application, including features that prevent or restrict the use
or copying of any Content or enforce limitations on the use of the
Website/Mobile Application and/or the Content contained therein.
6.
Engage
in unauthorized framing of or linking to the Website/Mobile Application.
7.
Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
8.
Make
improper use of our support services or submit false reports of abuse or
misconduct.
9.
Engage
in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
10.
Interfere
with, disrupt, or create an undue burden on the Website/Mobile Application or
the networks or services connected to the Website/Mobile Application.
11.
Attempt
to impersonate another user or person or use the username of another user.
12.
Sell
or otherwise transfer your profile.
13.
Use
any information obtained from the Website/Mobile Application in order to
harass, abuse, or harm another person.
14.
“Stalk”
or otherwise harass another user or employee of the Services.
15.
Access
or attempt to access another user’s account without his or her consent.
16.
Use
the Website/Mobile Application as part of any effort to compete with The
Company or otherwise use the Website/Mobile Application and/or the Content for
any revenue-generating endeavor or commercial enterprise.
17.
Decipher,
decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Website/Mobile Application.
18.
Attempt
to bypass any measures of the Website/Mobile Application designed to prevent or
restrict access to the Website/Mobile Application, or any portion of the
Website/Mobile Application.
19.
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Website/Mobile Application to you.
20.
Delete
the copyright or other proprietary rights notice from any Content.
21.
Copy
or adapt the Website/Mobile Application software, including but not limited to
Flash, PHP, HTML, JavaScript, Angular or any other code.
22.
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Website/Mobile Application or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Website/Mobile Application.
23.
Upload
or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as “spyware”
or “passive collection mechanisms” or “pcms”).
24.
Except
as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Website/Mobile Application, or using or launching any unauthorized
script or other software.
25.
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Website/Mobile
Application.
26.
Use
the Website/Mobile Application in a manner inconsistent with any applicable
laws or regulations.
The
User’s privilege to use the Services (including your ability to contribute to
discussions on the Public Forum or communicate with Coaches and/or other users
on Sattviko) depends on The User’s compliance with the community standards and
conduct guidelines set forth above. The Company may revoke The User’s privileges
to use all or a portion of the Services and/or take any other appropriate
measures to enforce these community standards and conduct guidelines if
violations are brought to
The Company’s attention. Further, if The User fails to adhere to the community
standards and conduct guidelines, or any part of these Terms & Conditions, the
Company may terminate, in its sole discretion, use of, or participation in, any
Public Forum or the Services. Any violation of this section may subject The
User to civil and/or criminal liability.
THE
USER AGREES AND UNDERSTANDS THAT HE/SHE MAY BE HELD LEGALLY RESPONSIBLE FOR
DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF HIS/HER REMARKS,
INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES
(INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY
ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION TECHNOLOGY AMENDMENT ACT, 2008,
SATTVIKO OR THE COMPANY IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE
FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR
OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT
POSTED OR MADE AVAILABLE ON THE SERVICES.
HARASSMENT POLICY
The
Company does not tolerate harassment. The Company wants people to feel safe to
engage and connect with their community. This harassment policy applies to both
public and private individuals because The Company wants to prevent unwanted or
malicious contact on the platform. Context and intent matter, and The Company allows
people to share posts if it is clear that something was shared in order to
condemn or draw attention to harassment. In addition to reporting such behavior
and content, The Company encourages people to use tools available to help
protect against it. Anyone found in violation of this Harassment Policy will be
banned immediately from the Sattviko community and The User’s account will be
terminated immediately.
Do not:
1.
Repeatedly
contact a single person despite that person's clear desire and action to
prevent that contact.
2.
Repeatedly
contact large numbers of people with no prior solicitation.
3.
Make
Posts, Comments or Send messages that contain:
a. Cursing aimed at an individual or group
of individuals in the thread.
b. Calls for death, serious disease or
disability, or physical harm aimed at an individual or group of individuals in
the thread.
c. trolling and bullying, or is intended
to harass, harm, hurt, scare, distress, embarrass or upset people.
d. Claims that a victim of a violent
tragedy is lying about being a victim, acting/pretending to be a victim of a
verified event, or otherwise is paid or employed to mislead people about their
role in the event when sent directly to a survivor and/or immediate family
member of a survivor or victim.
4.
Send
messages to a group that contain trolling and bullying, or is intended to
harass, harm, hurt, scare, distress, embarrass or upset people, regardless of
whether the person being targeted is a public or private individual.
5.
Target
anyone maliciously, including public figures, by
6.
Attacking
them based on their status as a victim of sexual assault or sexual
exploitation.
a. Threatening any participant in public
discourse with violence in an attempt to intimidate or silence them.
b. Calling for self-injury or suicide of a
specific person, or group of people.
7.
Target
victims or survivors of violent tragedies by name or by image, with claims that
they are
8.
Lying
about being a victim of an event.
a. Acting/pretending to be a victim of an
event.
b. Otherwise paid or employed to mislead
people about their role in the event.
9.
Target
a minor with:
10.
Claims
about sexual activity or sexually transmitted disease(s).
a. Content has been photoshopped to
include threats of violence either in text or image (for example, adding
bullseye, dart, gun to head).
b. Calls for death or serious disease or
disability.
c. Statements of intent to commit violence
or low severity harm in an attempt to silence someone.
11.
Objects
created to attack through:
a. Cursing at an individual or
individuals.
b. Degrading physical description.
c. Claims about blasphemy.
d. Expressions of contempt.
e. Expressions of disgust.