TERMS & CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Shivatman Yoga, LLC (which includes www.shivatman.yoga among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. Use of the Service
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Shivatman Yoga, LLC, (the “Company”) and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. Registration
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In order to participate in and contribute to Shivatman Yoga courses and communities you may be required to register with Shivatman Yoga. Any personal information supplied as part of this registration process and/or any other interaction with Shivatman Yoga will be collected, stored and used in accordance with Shivatman Yoga’s Privacy Policy.
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You must ensure that the details provided by you on registration or at any time are correct and complete.
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You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
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All user accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
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You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify us by contacting rohil.jethmalani@gmail.com.
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If Shivatman Yoga has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
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Shivatman Yoga reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
3. Ordering Services
3. 1. In order to purchase any of the Services online you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
3.2. Whether your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
4. Intellectual Property
4.1. All Intellectual Property Rights in the Course Materials, Online Courses are, and remain, the intellectual property of Shivatman Yoga or its licensors, whether adapted, written for or customised for the Client or not.
4.2. You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Shivatman Yoga on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 4.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
4.3. In consideration of the Fees paid by you, we grant to you a lifetime unlimited access, non-transferable, non-exclusive licence to use the Course Materials in respect of the Online Course.
4.4. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms & Conditions.
4.5. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Shivatman Yoga”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at rohil.jethmalani@gmail.com . Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4.6. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
4.7. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
4.8. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
5. Liability
5.1. Shivatman Yoga, LLC videos and accompanying materials necessarily require physical exercise or activity. By voluntarily participating in this fitness program, you assume all risk of injury. Without limiting the generality of the foregoing, you understand and acknowledge that there are risks of physical injury, or even death, associated with any physical activity, and that, in addition, certain medical conditions may be aggravated or made worse by physical activity (collectively, “Risks”). You assume any and all risk and danger incidental to the use of the videos and any other materials offered by Shivatman Yoga, including but not limited to, the foregoing Risks and the way you perceive and utilize the information conveyed in the Shivatman Yoga videos. You agree to consult with your physician, before commencing the exercise program shown in the Shivatman Yoga materials, and you agree not to participate in Shivatman Yoga programs with any medical condition, including, but not limited to, a history of heart disease, that poses a direct threat to the health or safety of yourself or others and that Shivatman Yoga shall not be liable for any injury resulting from or arising out of, participating in the Shivatman Yoga exercise program or from the Risks. You also understand that Shivatman Yoga encourages you to exercise and eat a healthy, well-balanced diet on your own to supplement the Shivatman Yoga exercise program, and that you, not Shivatman Yoga, assume all risks and responsibilities for your own actions, safety, health, performance, well-being, and any complications or injuries which may arise when exercising or eating on your own.
5.2. In addition, Shivatman Yoga makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non- infringement of intellectual property or other violation of rights, with respect to its videos or any other Shivatman Yoga materials. Further, Shivatman Yoga does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the videos or any of the other materials on or available through, its site or otherwise relating to such videos or materials or on any sites linked to this site.
5.3. The company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, stripe payment services, Paypal payment services, your software and/or any updates or upgrades to that software). any such problem shall be governed solely by the agreement between you and that provider. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. The company also reserves the right to limit your use of the site and/or the content or to terminate your account should the company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the company. The company reserves the right to refuse access to the site and/or the company’s content, products and/or services to anyone in its sole discretion. the company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. the company may, in its sole discretion, refund the initial fee charged for any use of the site and/or any content or a pro-rata portion thereof consistent with the company’s refund policy.
3. In no event shall the company be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the company has been advised or is aware of the possibility of such damages.
6. Fees
6.1. The Fees for the Services shall be as set out on the Website.
6.2. Unless otherwise specified at the time you purchase the Services, the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website prior to your purchase the Services.
6.3. Fees for the Service selected by you on the Website shall be debited from your credit / debit card or any other means of payment at the time of purchase. Fees must be paid in full prior to you attending any Online Course.
6.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Shivatman Yoga shall not be responsible for these.
6.5. You shall be responsible for all costs you incur in connection with your attendance at any any Online Course.
7. Cancellation and Refund Policy
7.1. Cancellations:
We have a 100% satisfaction guarantee policy. We want you to be satisfied, so all courses purchased on Shivatman Yoga can be cancelled and refunded.
7.2. Refunds:
For whatever reason, if you are unhappy with a course, you can request a refund within 30 days. Most refunds are returned via the original payment method.
To complete your refund, we require a receipt/proof of purchase, please send it to us by email at rohil.jethmalani@gmail.com.
7.3. Late or missing refunds (if applicable):
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at rohil.jethmalani@gmail.com .
8. Applicable Law
This agreement shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in India. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
9. Miscellaneous
9.1. Shivatman Yoga reserves the right to make change to these Terms and Conditions from time to time and so you should check these Terms and Conditions regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.
9.2. If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the Service, then the latter shall prevail.
9.3. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.