Shvasa, Inc., having its registered office at 2093, Philadelphia Pike, #5015, Claymont, DE 19703, United States (“Company” or “we” or “us”), is the owner of the website domain at www.shvasa.com and mobile application “Shvasa” available at Google Play Store/Apple App Store (collectively referred as “Platform”); and any service availed by users (hereinafter referred to as “you”, “your” or “User”).
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
"Company," "we," "us," or our" means Shvasa Inc., and any other companies that are its subsidiaries and affiliates.
"Service(s)" means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
“User” or “You” shall mean any registered yoga practitioner or any visitor on the Platform, as the case may be.
2. Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time.
3. Service(s) provided to Users
As a visitor to the Platform, you may browse the courses, classes, programs, workshops including live and on-demand classes and workshops as well as teacher training courses (“Activities”) listed on the ‘the Platform. You may register for these activities directly via the Platform. Kindly note that the list provided on the Platform is exhaustive. The Company also provides an blog consisting of Content (as defined herein below) which is available to all Users of the Platform without any payment of additional fee. As an additional feature the Platform also provides a chat feature that allows the User to speak to other Users or their yoga instructors.
By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" within the meaning of the applicable law including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform.
5. User Account Registration
User who are at least 18 years of age may create an Account and purchase the Services. Any purchase of Services by anyone under 18 is expressly prohibited and by doing so you represent and warrant that you are 18 years or older. In order to use the Platform, you have to create an account (“Account”) and in order to avail Services. However, if in case Services need to be availed by any minor, parents/guardian of such minor shall create an Account on behalf of such minor and shall be severally responsible for the acts and omissions of such minor.
You can create an Account by using your email ID/phone number. Post entering your details (email ID/phone number) in the Platform, one-time verification shall be conducted by the Company. Post verification Account shall be created.
6. Trial & Activities
The Company offers the Users an opportunity to avail Subscriptions at discounted rates at the discretion of the Company (the “Trial”). We reserve the right to amend or terminate the Trial at any time, for any reason. The terms of the Trial have been set out in [https://shvasa.com/terms-conditions].
We reserve the right to disqualify any Users from participation in the Trial at any time at our sole discretion, including without limitation if he/she does not comply with any of these TOS or the terms of the Trial or otherwise fails to comply with any applicable laws.
7. Referral Offer
The Company offers the Users an opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The terms of the Program have been set out in [ https://shvasa.com/terms-conditions] .
We reserve the right to modify or amend at any time these terms of the Program and/or the methods through which rewards are earned. We reserve the right to disqualify any Users from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these TOS or the terms of the Program or otherwise fails to comply with any applicable laws.
8. Platform License
I. Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted herein.
II. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the TOS. The Platform and the intellectual property rights vested therein is owned by Company.
User may avail the Services by availing one of the subscription/payment plans available on the Platform, such payment may be made directly via the Platform. Payment against Fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform.
Our Services can be availed as a subscription model (“Subscription”). This means that when you choose to avail our Services, you will be billed on a periodic basis (“Billing Cycle”). The Billing Cycle is typically on a monthly basis but is subject to change based on the Subscription plan availed by you. We reserve the right to alter/modify/suspend/discontinue any terms and conditions associated with the Subscription plan including but not limited to the period, rate, services included in the plan. Further, we shall give you notice of any change made to the features of the Subscription plan prior to the expiry of your current Billing Cycle.
Once you subscribe to a Subscription Plan, the auto-renewal feature is automatically activated. In order to cancel the auto-renewal feature you may do so by modifying your Account settings, in which case you may avail Services till the end of that Billing cycle.
We may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. We will provide you with advance notice of any change in fees.
Certain Activities and Content are available on the Platform to any User free of charge. Further, we may grant you access to trial classes and other paid Activities free of charge as a part of our promotional/trial feature. The grant of such access to the User is solely at the discretion of the Company and we may revoke any such access granted as a part of the trial/promotional feature without any prior notice to the User.
10. Cancellation and Refund Policy
Please refer to our Cancellation Policy available here . Our Cancellation Policy is hereby incorporated into these Terms of Service by this reference.
11. Use of Your Information and other content displayed on the Platform
II. We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We may/may not make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
III. You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
12. Third Party Services
The Company shall provide Users to connect with third party service providers. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
13. Rules and Conduct
I. As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS, or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
II. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
III. Additionally, you shall not share any information that: (i) may be harmful to minors; (ii) threatens the unity, integrity, defence, security or sovereignty of the USA, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
14. Alerts Provided by The Company
I. The Company provides you with multiple automatic alerts while providing Services.
II. You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
15. Contact You
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to such feedback confidential.
16. Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.
17. Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person located within the United States of America, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
18. Company and User Materials
While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Course, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit various materials to Company in the form of audio/video/written (“User Materials”). User hereby provides Company with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement.
All material posted on the Platform’s blog feature (“Content”) has been submitted to the Company by third-party authors. The Company has endeavoured to ensure that the information on this web site is correct and current at the time of publication, but takes no responsibility for any error, omission or defect therein. Content published on the Platform is intended to provide general information only. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advices, services, and any other information provided on this web site. Any Content of the Platform should not be used as a substitute for professional health care.
19. Additional Terms for Blog
The Company is committed to keeping this website up to date and accurate. Should you nevertheless encounter anything that is incorrect or out of date, we would appreciate it if you could let us know. Please indicate where on the website you read the information. We will then look at this as soon as possible. Please send your response by email to: firstname.lastname@example.org
20. Infringement Policy
The Company respects the intellectual property of others and ask that our Users do the same. Although the Company is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable.
If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide us with the following information: (1) confirmation you are owner, or authorized to represent owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that you believe use of the work is not authorized.
If your work is removed due to infringement and you believe it is not infringing, please provide us with (a) confirmation you are owner, or authorized to represent owner of intellectual property (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information Please contact our us at email@example.com (Subject line: Takedown Request).
The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at firstname.lastname@example.org.
The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE REQUIRED TO CARRY OUT PHYSICAL ACTIVITIES AS PER THE DEMONSTRATIONS PROVIDED THROUGH THE ACTIVITIES MADE AVAILABLE TO YOU VIA THE PLATFORM. WE HEREBY DISCLAIM ANY FORM OF LIABILITY ARISING OUT OF ANY INJURY OR DISABILITY OR ANY INCAPACITATION CAUSED TO YOU ON ACCOUNT OF CARRYING OUT SUCH PHYSICAL ACTIVITIES AND YOU EXPLICITLY AGREE THAT YOU SHALL NOT HAVE ANY RIGHTS TO MAKE ANY CLAIM AGAINST US FOR SUCH INJURY/LOSSES. YOU AGREE AND UNDERSTAND THAT AS PART OF THE ACTIVITIES THAT MAY BE MADE AVAILABLE VIA THE PLATFORM YOU MAY BE REQUIRED TO UNDERTAKE PHYSICAL ACTIVITIES AS DEMONSTRATED THROUGH THE ACTIVITIES CONDUCTED ON THE PLATFORM. COMPANY SHALL NOT BE RESPONSIBLE AND WILL NOT ACCEPT ANY LIABILITY FOR ANY DISABILITIES, INJURIES OR INCAPACITATION OR ANY OTHER HARM CAUSED TO YOU ON ACCOUNT OF YOUR PARTICIPATION IN THE COURSE AND ON ACCOUNT OF FOLLOWING THE INSTRUCTIONS PURSUANT TO THE VIDEOS OR WORKSHOPS ON THE PLATFORM. COMPANY SHALL FURTHER NOT BE RESPONSIBLE FOR DEATH OF ANY PARTICIPANT WHICH MAY BE ATTRIBUTED EITHER DIRECTLY OR INDIRECTLY ON ACCOUNT OF YOUR PARTICIPATION IN THE ACTIVITIES AS OFFERED BY COMPANY ON THE PLATFORM. COMPANY WILL ALSO NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSSES (WHETHER DIRECT OR INDIRECT OR CONSEQUENTIAL OR INCIDENTAL) OR ANY DAMAGES SUFFERED BY YOU ON ACCOUNT OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED ON THE PLATFORM.
EXCEPT IN CASE OF THE TEACHER TRAINING PROGRAMS, THE CONTENTS OF THE PLATFORM AND ACTIVITIES ARE DEVELOPED BY THIRD-PARTY PERSONS. THE USAGE OF THE PLATFORM IS NOT ENDORSED AS A SUBSTITUTION TO THE CURRICULUM-BASED EDUCATION PROVIDED BY THE INSTITUTIONS THAT EXCLUSIVELY PROVIDE SUCH COURSES, BUT IS INTENDED TO SUPPLEMENT THE SAME BY EXPLAINING AND PRESENTING THE CONCEPTS IN A MANNER ENABLING EASY UNDERSTANDING. THE COMPANY ACKNOWLEDGES THAT THERE ARE VARIOUS MEANS OF DELIVERING STRUCTURED CURRICULUM PEDAGOGY AND INCLUSION OF METHODS ON THE PLATFORM DOES NOT IMPLY ENDORSEMENT OF ANY PARTICULAR METHOD NOR EXCLUSION IMPLY DISAPPROVAL. SUBSCRIPTION TO THE PLATFORM OR USING THE SERVICES DOES NOT GUARANTEE TO ANY STUDENT ADMISSION TO ANY EDUCATIONAL INSTITUTIONS OR PASSING OF ANY EXAMS OR ACHIEVEMENT OF ANY SPECIFIED PERCENTAGE OF MARKS IN ANY EXAMINATIONS.
WE MAKE NO REPRESENTATIONS OR GUARANTEES ABOUT ANY ASPECT OF THE BLOG AND CONTENT AND DO NOT ENDORSE ANY OPINIONS EXPRESSED BY ANY AUTHOR. THE MAGAZINE SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE MAGAZINE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE MAGAZINE SERVICES OR ANY CONTENT. UNDER NO CIRCUMSTANCES SHALL HEARST BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE MAGAZINE SERVICES OR ANY CONTENT THEREOF, ANY CONTENT POSTED ON OR THROUGH THE MAGAZINE SERVICES, OR CONDUCT OF ANY USERS OF THE MAGAZINE SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE MAGAZINE SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR MAGAZINE SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH THE COMPANNY OR MAY BE THIRD-PARTIES WHO SUBMIT SUCH CONTENT TO THE CONPMANY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MAGAZINE SERVICES. WE DO NOT GUARANTEE THE COMPLETENESS, ACCURACY, GENUINEITY, MERCHANTABILITY, AUTHENTICITY OR CORRECTNESS OF THE CONTENT AVAILABLE ON THE PLATFORM. THE CONTENT IS SOLELY THE REFLECTION OF THE AUTHOR’S VIEWS, THE COMPANY DOES NOT ENDORSE OR PROMOTE THE VIEWS OF ANY AUTHOR OR ANY CONTENT PUBLISHED ON THE PLATFORM. FURTHER, THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY MATERIAL SHARED BY THE USER ON THE CHAT FEATURE OF THE PLATFORM.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
25. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF USD 100$ (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
26. Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
I. your failure to cooperate;
II. your unavailability and/or unresponsiveness;
III. your failure to provide accurate and complete information;
IV. your failure to provide or facilitate the submission of User Materials in timely manner;
V. any event beyond Company’s reasonable control.
27. Pre-Arbitration Dispute Resolution and Agreement to Arbitrate
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FUTURE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”. BY AGREEING TO THIS SECTION, YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT.
The Company is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email customer support at email@example.com. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by you to the Company, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days you or the Company may commence an arbitration proceeding.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury (“Arbitration”), and you agree that Company and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this Arbitration provision, including the enforceability, revocability or validity of the Arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.
The Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The “Arbitrator” will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the Arbitrator. The Arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The Arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the Arbitrator may be confirmed and enforced in any court having jurisdiction thereof. rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Survival. This Arbitration Agreement will survive any termination of your relationship with the Company.
Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms and Conditions to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the address provided herein. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or any subsequent changes to these Terms of Service which are accepted by you).
28. Governing Law
Each party will comply with all laws, rules, and regulations applicable to this Agreement. This
Agreement shall be governed by the laws of the State of Delaware without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in Delaware, US. You acknowledge and agree to comply with all export laws and regulations of the United States.
30. Grievance Redressal Mechanism
Any discrepancies or grievances with regard to the content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via email or in writing.
Attention: Ms. Arunima Singhdeo
Email ID: firstname.lastname@example.org
Address: J-1102, Rohan Vasantha Apartment, Near Marathahalli Fly-over, Marathahalli, Bangalore - 560037
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in California: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions regarding the Services or usage of the Platform, please contact Company at email@example.com. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.