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Policy for Buyer

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.