Terms and Conditions
Terms & Conditions
These Terms and Conditions are applicable to all users of an online media services and content distribution Services and community providing Services to its website video streaming Services located under yoganama.com, tv.yoganama.com, and related domains, sub domains, and mobile and desktop applications & TV services (individually and collectively the “Services”). These Terms govern your use of the Yoganama Wellness LLP 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 Yoganama Wellness LLP (the “Company”).
By accessing this website and availing any of our services mentioned herein we understand that you accept these Terms and Conditions (T&Cs). In case you do not agree to the T&Cs You must not continue to use yoganama.com and/or our TV platform including any downloadable software (collectively known as “Platform”)
The following terminology applies to these T&C, Privacy Policy and Disclaimer Notice and all Agreements:
"Client", “User” "You" and "Your" refers to you, the person logging on this website and compliant to the Company’s T&Cs. "The Company", "Ourselves", "We", "Our" and "Us", refer to our Company. "Party", "Parties", or "Us", refers to both the Client/User and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client/User in the most appropriate manner for the express purpose of meeting the Client’s/User’s needs in respect of provision of the Company’s stated Services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
By using products and Services available through the Site or from Yoganama, you agree to be bound by these T&Cs including our Privacy Policy. Any new features of our products, services, TV and web site, including updates, upgrades or new services, shall also be subject to these T&Cs. In addition, some products and Services offered through our company and web site may be subject to additional or amended T&Cs that we publish from time to time. We reserve the right to update, modify or replace any part of these T&Cs by posting updates and/or modifications to our Platform at our sole discretion. You agree to review these T&Cs periodically for updates/changes. Your continued use of the Site or the Services following such updates will mean that you accept and agree to the revisions. Your use of such Services is subject to those additional and updated T&Cs.
Platform Description
Yoganama is a wellness platform wherein users may have access to video streaming services, recordings etc.
Advisory
Yoga is a physical practice, and while our teachers will take the utmost care, injuries can occur and we do not intend to provide medical advice, diagnosis, treatment or any remedies for any ailments or injuries that you might be suffering from. You must consult a medical practitioner prior to the usage of these videos, usage of these videos will be at your sole discretion. Therefore, nothing on this Platform should be considered medical advice or diagnosis or treatment to any sort of health or physical/fitness issues. You agree to avail our Services solely at your discretion and risk.
Any content, information relating to Services and products mentioned on the Site are meant for User information and knowledge purpose only. Effect of a particular form of exercise may significantly vary from person to person, you agree that you shall not impart the information, knowledge or Services obtained through our platform to advise or train any other party as the same may prove to be non-beneficial or harmful to such a person.
You agree that we render Services to you for your fitness and well-being and information or training received by you should not be treated as treatment or diagnosis of an ailment or must not be used as an alternative for any medical treatment.
User Information
You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorization to register for the Services and post User Generated Content. Yoganama Wellness LLP reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the T&Cs, other Company policies, and applicable laws and regulations.
If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
Your privacy rights are set forth in our Privacy Policy located at https://yoganama.com/privacy-policy/
Company reserves the right to offer Company or third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.
User Account
If you choose to purchase a product or Services offered on our Platform, you will be asked to create an account and will be prompted to create your own unique username and password. You must keep your account information confidential and secure and must not share it with any third party. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith and belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these T&Cs.
If you’re below 18 years old then you must consult your parent or guardian and use the Services under their supervision
User Obligations And Conduct
a) You must not use the information or Services on or through this Site for self-diagnosis or self-treatment of any health or fitness issue;
b) You agree to consult with your medical practitioner prior to starting any exercise using any information presented on the Platform, especially if you are pregnant or have pre-existing health or fitness conditions;
c) The Platform will periodically provide information concerning health and physical fitness activities, you expressly acknowledge and agree that information concerning physical fitness activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by our action, inaction or negligence or by the action, inaction or negligence of others.
d) You are responsible for maintaining the confidentiality of information related to your account as it relates to the Services, including your account’s username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content. You agree to immediately notify us in case of any unauthorized use of your account, username and password.
e) The Services shall strictly be used by you 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.
f) You are prohibited from violating or attempting to violate the security of the Services, including, without limitation:
- accessing data not intended for such a user or logging into a server or account which the user is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with Services to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, "flooding", "spamming", "mailbombing" or "crashing" forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- scraping or harvesting data; and
- 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 will cooperate with law enforcement entities in prosecuting Users who are involved in such violations.
g) You shall not:
● reproduce, duplicate, copy, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit material relating to the Services, products displayed, website for any other purpose except as expressly permitted by us;
● decompile, reverse engineer or disassemble the Services;
● attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
● edit, modify any material on the website, Services and/or republish material relating to the website and services;
● perform any activity that may hinder any operation and/or functionality of any aspect of the Services;
● sell, rent or sub-license material from the website;
● show any material from the website in public without our express consent;
● redistribute material from this website or advertisement(s) of the third party;
● remove any copyright, trademark or other proprietary information/notices from any portion of the website.
Access to Services – Subscriptions & Purchases
The Services may allow you 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 on the product/Service detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Company grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream .The Company makes no guarantees as to the resolution, speed and quality of your digital content when streaming. The quality and speed of your stream of digital content is dependent upon different variables, including but not limited to your connection speed, location, download speeds, devices, player and bandwidth.
Payment Terms
a) The digital content available under their respective payment plans, including pay per view, subscription, membership, or rent may be amended by the Company from time to time at its sole discretion. The Company makes no guarantee as to the availability of a specific payment plan. By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you select. You can change this information at any time by logging into your video library, and clicking the settings tab under the username. Payment receipts are sent to your registered email account once your account is charged successfully. Your subscription will continue until you cancel it or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next billing cycle in order to avoid being charged for it If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your Payment Method.
b) We use various payment processors, third-party platforms, and technologies to deliver our services to you. For payments, especially international ones, please note that your bank, credit card company, or payment processor may levy additional fees, transaction charges, or foreign exchange rates. Also in general, there can be occasional glitches in technology or human errors, and if they occur, we request you to bear with them.
c) Following any update in your account of payment methods , you authorize us to continue to charge the applicable Payment Method(s).
Terms of Usage
a) This platform shall be used by individuals who can form legally binding contracts under applicable law. By becoming a User, You represent and warrant that You have the right, authority and capacity to enter into and abide by the T&Cs mentioned herein.
b) No joint venture, partnership, employment or agency relationship exists between You, Us and/ or any third-party service provider(s) as a result of the contract between You and Us or use of the Services.
c) We reserve the right to change these T&Cs at any time. Such changes will be effective when posted on the Platform and may, at the sole discretion of the Platform be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Platform after we post any such changes, You accept the T&Cs as modified.
d) Notwithstanding the foregoing, these provisions set out in these T&Cs which by their very nature are meant to survive termination, shall survive the termination / expiry of this Agreement.
e) We reserve the right to refuse service to anyone for any reason at any time. You shall not reproduce, duplicate, copy, sell, resell, broadcast or exploit any portion of the Services being availed or access to the Service or any contact on the website through which the service is provided, without express written permission by us for Your non personal or commercial usage.
f) Users may have the option to social networking sites eg. Twitter, Facebook etc. through the Services to share links and content, same shall be done by Users as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.
Our Services
We have made every effort to mention as accurately as possible the description of our Services, products, plans along with their description appearing on the Platform. However, we do not warrant accuracy and timeliness of the information mentioned herein.
We reserve the right, but are not obligated to limit Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis at our sole discretion. All descriptions of Services pricing are subject to change at any time without notice to you, at our sole discretion. We reserve the right to continue/ discontinue any Service at any time. Any offer for any Service made on this site is void wherever prohibited.
While we put in our best efforts in our content, we do not warrant that the value of any Services, information, or other material proposed to be offered to be sold by us or purchased or obtained by you will meet your expectations.
The Services may require you to download software such as an app, or use of software provided by the Company , the Company grants a personal, limited, non-exclusive and nontransferable 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.
License, Content, and Intellectual Property
Unless otherwise stated, Yoganama Wellness LLP and/or its licensors own all trademarks, service marks, trade names, logos, copyright and other intellectual property rights (“Intellectual Property”) rights for all material and content available on the Platform. All Intellectual Property rights including but not limited to the content, trademarks, copyrights etc. are owned and retained with us.
We are the owner or authorized licensee of all information, materials, functions, and other content contained on our Platform, and you acknowledge that you are only receiving a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. You may access this content from the Platform for your own personal use subject to conditions set in these T&Cs including our Privacy Policy.
All the content on the Platform is copyrighted content of Yoganama Wellness LLP and intended solely for your personal use. You must not:
- ● Republish material from the Platform;
- ● Sell, rent, or sub-license material from Platform;
- ● Reproduce, duplicate or copy material from Platform;
- ● Redistribute content from Platform;
- ● Publicly broadcast any content from our Platform; and
- ● Provide access to our content to anyone else without our prior written permission.
The name Yoganama Wellness LLP and our graphics, logos, designs, are registered and/or applied for trademarks. These trademarks must not be used in connection with any product or service in any manner that is likely to cause confusion. We respect the intellectual property rights of others and expect our Users to do the same. As per our policy we have the right to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.
The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Platform (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these T&Cs, or in terms provided by the owner of a Third-Party Mark, nothing in these T&Cs or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third-Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.
Notice of Copyrights Infringement
If you believe that any copyrighted work is showcased on our Platform in a way that constitutes copyright infringement, please notify the Company at info@yoganama.com by providing our designated copyright agent with the following information including your name and contact details:
● A description of the copyrighted work you claim has been infringed and a description of the activity that you claim to be infringing the copyrights;
● Identification of the URL or other specific location on the Services where the content or activity claimed to be infringing is located. You must provide enough information to allow us to locate the material or the activity;
● You must give an undertaking that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have 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 you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send the Company a counter-notice that includes the along with your name and contact details.
Comments
Parts of this Platform may offer an opportunity for Users to post and exchange opinions and information in certain areas of the Platform. Comments do not reflect the views and opinions of Yoganama Wellness LLP, its agents and/or affiliates. Comments reflect the views and opinions of the person posting who post their views and opinions. To the extent permitted by applicable laws, Yoganama Wellness LLP shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Yoganama Wellness LLP reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, discriminatory, offensive or cause breach of these Terms and Conditions.
You warrant and represent that:
● If you post comments on our Platform, same shall be done in a responsible manner and have all necessary licenses and consents to do so;
● The comments shall not invade any intellectual property right, including without limitation copyright, patent or trademark of the Platform and/or any third party;
● The comments shall not contain any defamatory, libelous, discriminatory, offensive, indecent or otherwise unlawful material which is an invasion of privacy or breach of anybody’s rights.
● The comments shall not be used by you to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Yoganama Wellness LLP a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.
Third Party Links
We are not responsible for the content or availability of outside web sites or resources linked to or referenced on our Platform. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, Services, advertising, products, or other materials on or available from such third-party platforms.
Hyperlinking to our Content
The following organizations may link to our Platform without prior written approval:
▪ Government agencies;
▪ Search engines;
▪ News organizations;
▪ Online directory distributors may link to our Platform in the same manner as they hyperlink to the Websites of other listed businesses; and
▪ System wide accredited businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Platform.
These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or Services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following but not limited to below mentioned types of entities/organizations:
▪ commonly-known consumer and/or business information sources;
▪ dot.com community sites;
▪ associations or other groups representing charities;
▪ online directory distributors;
▪ internet portals;
▪ accounting, law and consulting firms; and
▪ educational institutions and trade associations.
However, we may remove such third party/hyper links if we are of the opinion that the links from these entities/organizations are (a) the link that would not make us look unfavorably to ourselves or to our accredited businesses; (b) the entity has negative records with us; (c) t the visibility of the hyperlink affects Yoganama Wellness LLP negatively ; and (d) the link is in not in consonance with the applicable laws and govt. regulations
These entities/organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or Services; (c) fits within the context of the linking party’s site; (d) does not infringe the Company’s IP rights and those of third parties
However, If you are not any of the the entities/organizations listed in the above paragraph and are interested in linking to our Platform, you must connect with us by sending an email to info@yoganama.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Platform, and a list of the URLs on our site to which you would like to link. You may expect a response from us in 2-3 weeks of contacting us.
Approved entities organizations may hyperlink to our Platform as follows:
▪ By use of our corporate name; or
▪ By use of the uniform resource locator being linked to; or
▪ By use of any other description of our Platform being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Yoganama Wellness LLP's logo or other artwork will be allowed for linking in the absence of a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our web Pages that alter in any way the visual presentation or appearance of our Platform.
Content Liability
We shall not be held responsible for any content that appears on your website. You agree to protect, and defend and indemnify us against all claims that may arise on account of the content on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, discriminatory or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights
Disclaimer of warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of our Services or User generated content will be uninterrupted, timely, secure, error-free or that the Services are free from harmful viruses or mechanisms . We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Service at any time, without a prior notice to you.
The transmission of data or information including that by email or other publicly accessible networks is not fully secure, and is subject to possible loss, interception or alteration while in transit for which the Company does not assume any liability including that of any damage or costs.
The Company shall not be held responsible for the information you may have uploaded and shall further be not liable (including on account of actions of any third party) for deletion, rectification, damage, destruction, loss or failure to store such information.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. All products and Services delivered to you (except as expressly stated by us) are provided 'as is' and 'as available'" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, we do not warrant that: Platform will be constantly available, or available at all times or the information on Platform is complete, reliable, accurate.
In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
Indemnification
You shall indemnify and hold harmless Yoganama Wellness LLP, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this T&Cs, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Termination of Services
The Company reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if the Company so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that the Company can, at its sole discretion, exercise its right in relation to any or all of the above, and that the Company, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same. You hereby also agree that the Company shall not refund any amounts that you may have paid to access and/or use the Services.
You may terminate the Services by deleting your account with us and not accessing the Services offered on our Platform.
Governing Law And Jurisdiction
The relationship between You and the Company shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute (if cannot be resolved amicably) arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Company has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts at Mumbai, India.
You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the efflux of time and the termination of these Terms and Conditions.