TERMS OF USE
This website is Designed, Developed and Maintained by Yoga Counselling.
These terms and conditions shall be governed by and construed in accordance with the Indian Laws.
Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the courts
of West Bengal, India.
Please read the terms and conditions related to this Site. Yoga Counsellingreserves the right, to modify,
alter, or update these Terms of Use at any time. Users are deemed to be apprised of and bound by any
changes to these Terms of Use time to time. The user of this site automatically agrees to be legally bound
by Terms of Use.
These terms of use (“Terms of Use”) mandate the terms on which the users access and register on the
‘https://yogamagics.com/’ website, m-web and mobile application (collectively referred to as
the “Platform”), operated by (Yoga counselling) (hereinafter referred to as “We” or “Our” or “Us” or
“Firm”), and the Platform Services (as defined below), provided through the Platform.
This document is an electronic record in terms of Information Technology Act, 2000 and rules
thereunder as applicable and the provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000. This electronic record is generated by a computer
system and does not require any physical or digital signatures. Please read the Terms of Use
and Privacy Policy (together hereinafter referred to as “Agreement”) carefully before using or
registering on the Platform or accessing any material, information or Platform Services through the
Platform. Your access to or use of the Platform (even when You do not avail of or provide any services
on the Platform) or booking, purchase or availment of the Platform Services shall signify your
acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same.
These Terms of Use do not alter in any way the terms or conditions of any other written agreement you
may have with the Platform for other services.
Software
Some of our Services allow you to download software which may update automatically. So long as you
comply with these Terms, we give you a limited, non-exclusive, non-transferable and solely to access
the Services. To the extent any component of the Software may be offered under an open source license,
we’ll make that license available to you and the provisions of that license may expressly override some
of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse
engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Applicability:
These Terms of Use applies to all the users of the Platform including:
1. Any supplier of goods / services (whether an individual, professional or an entity, or similar
institution) on the Platform, directly or indirectly, including designated / authorised associates,
employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”);
2. An individual who accesses and registers on the Platform and/or places a service request on the
Platform (“End-User”, “You”, “Your” or “Users”); or
3. Otherwise a user or visitor of the Platform (“You” “Your” or “Users”).
Platform Services
1. You acknowledge that the Platform is a web service that allows You to avail services / buy
products directly from the Firm as well as from various Partners. Some of the services (collectively,
the “Services”) and products (collectively, the “Products”) available on the Platform are listed
below:
a. Yoga, physical and mental fitness centre memberships / classes and allied services (“Yoga
Services”);
b. Memberships / Subscription sold by Yoga Counselling granting access to various
underlying services (“Yoga Services”) from third-party Yoga & fitness centres, studios,
training centres, etc (“YogaPlus Service Provider”);
c. Food items from (“Yogapass Foods”)
d. Appointments with registered medical professional, whether an individual professional or
through an organization or similar institutions for physical / in-person and teleconsultations and diagnostic services (“Yogafit Services”);
e. Purchase pre-packaged/prepared/cooked food and beverage items sold by various
restaurant partners (Restaurant Partners”) listed on the Platform’s online food marketplace
(collectively, “Sundry Food Products); and original merchandise such as clothing, footwear
and accessories from various fashion and lifestyle brands (collectively referred to as “Yoga
Dietary Products”);
f. Single session / subscription based digital services / products on the Platform, like
recorded audio and / or video content, real time on-line training services, as provided by
or featuring Partners and / or their associates (“Yoga Digital Services”), which shall
include:
(i) Single sessions / subscriptions from Yoga Counselling permitting access to and
booking of pre-recorded and / or do-it yourself audio and/or video content relating
to physical and / or mental fitness, nutrition, cookery, recreation, physical and / or
mental live experiences and allied content (“Yoga Digital Content Services”);
(ii) Single sessions / subscriptions from relevant Partner(s) permitting access to and
booking of real-time audio and/or video consultancy / coaching and/or training
session(s) relating to physical and / or mental and/or holistic fitness and/or wellness
, nutrition, cookery, recreation, therapy (“Yoga Digital Training Services”).
g. Booking appointments / sessions of Yoga Services, Yogafit Services, Yoga Dietary Products
and Yoga Digital Services;
h. Procurement and / or generation, reproduction on the Platform, sharing with relevant
Partners or their associates for You, if applicable,
Yoga Services, Yoga Dietary Products, YogaPlus Services, Yogafit Services and Yoga Digital
Services Offerings shall be collectively referred to as “Platform Services” and shall be provided
by Firm, Partners or their associates with whom the Firm or Partners have contractual
arrangements. The Firm shall facilitate the provision of the Platform Services and independently
provide Offerings and provide such other services (including account creation and management,
management of various products and services purchased / booked on the Platform, payment and transaction
summary generation services etc.) to You by allowing You to register and access the Platform on the
terms and conditions set forth below.
2. The charges indicated on the Platform for the Platform Services will be as determined by the Firm
or respective Partners, as the case may be, and is excluding taxes and other applicable charges as
mentioned on the Platform. The charges and Platform Services may change at the Firm’s or
Partners’ sole discretion and the Firm and Partners do not guarantee that the charges will be the
lowest in the city, region or geography or if the products / services will be available for delivery
/ performance at all times. For Yoga Digital Services, You may be offered (a) pay per session; (b)
subscription options, which could be monthly, quarterly, half yearly, annually. For the purposes
of monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes
365 calendar days.
3. Any order/booking made for a Platform Service(s) through the Platform shall be, in addition to
the terms mentioned herein, subject to additional terms and conditions of the Partners or their
service providers / associates (including offers, terms of sale or use, discount and sales schemes/
campaigns offered from time to time) mentioned on Partner’s or their associates’ respective website /
mobile application, which You are presumed to have read and accepted at the time of placing the
order/booking.
4. The Platform Services shall be additionally governed by specific terms and policies (payment terms,
cancellation policy, refund policy, exchange policy, return policy, etc.) which are briefly mentioned
below.
Yoga and Fitness Services:
1. Yoga Fitness Services shall include meditation & spirituality and various asanas & pranayama
including chanting, mindful yoga and meditation related training activities, under the brand
name of ‘Yoga Counselling’;
2. Yogaplus Counselling membership permits access to several third-party Ashrams, fitness
centres, studios, training centres, etc. You acknowledge and agree that Platform and / or
Partner do not have any actual control over the underlying services or quality of services
provided by Yogaplus Service Providers, or their operations or management, listed under the
Yoga Counselling Services, and the Platform and the Partner hereby disclaims any and all
liability arising out of Your utilisation of the Yogaplus Service Providers.
3. Relevant Partners, their associates / service providers, and Platform and its business partner(s)
hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Yoga
Fitness Services and Yogaplus Services facilitated / provided by them. Further, relevant
Partners, their associates / service providers, and Platform and its business partner(s) make no
representation that Fitness Services and Yogaplus Services provided by relevant Partners and /
or Yogaplus Service Providers are appropriate or safe for use. You agree that the Fitness Services
and Yogaplus Services offered herein, by their very nature, include certain inherent risks that
cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You
hereby assert that Your participation is voluntary and that You knowingly assume all such risks
and hence hereby release relevant Partners, their associates / service providers, and Platform
and its business partner(s) of all liability arising out of such aforementioned risks;
4. You confirm and agree that in addition to acceptance of these Terms of Use, Your use and/or
booking of the Yogaplus Services signifies your acceptance of any additional terms and
conditions, guidelines, house rules, etc. posted, communicated or displayed on the
websites/centers of the Yogaplus Service Providers. To the fullest extent permissible pursuant
to applicable law, your use of the Yogaplus Services and your attendance at, participation in,
purchase and/or use of the Yogaplus Services, is solely at your own risk and the Platform and/or
relevant Partner, and / or Yogaplus Service Provider does not assume any liability or make any
warranties of any kind, express or implied, arising out of, in connection with or with respect to
the Yogaplus Services.
5. If Firm and / or relevant Partners run any offers or discounts subsequent to Your purchase,
neither Firm and / or relevant Partners and / or Platform nor their business partner(s) are
obliged to offer You the benefits under such subsequent offers, however Firm and / or relevant
Partners and / or Platform or their business partner(s), as may be the case, may offer You benefits
under subsequent offers at an additional fee. In addition to these terms, there are additional
terms and conditions applicable on You under the specific offers, discount and sales schemes/
campaigns;
6. Relevant Partner(s) may review Your usage of the Fitness Services and Yogaplus Services that
violates the Code of Conduct or House Rules, and suspend or terminate Your membership at
any time for any reason in at their sole discretion with or without notice to You. If any complaint
is received against a User to the effect he/she has used the Fitness Services and/or Yogaplus
Services for the above purposes, then upon receiving such complaint relevant Partner and / or
Platform and / or Yogaplus Service Provider reserves the right to terminate the account / User’s
membership in question. Aforementioned also reserves the right to initiate legal action against
You.
7. You have provided Your consent to relevant Partner and / or Platform to share Your health and
other records, if any, with the Firm, Yogaplus Service Providers or other service providers for
providing services to you.
8. Yoga Counselling may, from time to time, offer Yoga Counselling Junior Memberships, which
shall have additional terms and conditions mentioned below:
a. Yoga Counselling Junior Membership(s) can be purchased and availed only by guardians
for their children between the ages of 5 and 14 years, provided that the parent or guardian
shall have duly executed a guardian consent form, in the format, as approved by Yoga
Counselling;
b. Under Yoga Counselling Junior Membership, you can only avail Yoga Counselling Junior
classes at select Yoga Counselling centres. Further, you shall not have access to any other
programs or facilities or centres not providing Yoga Counselling Junior classes;
c. The membership is non-transferable. If the membership is found to being used by any
person other then who it was purchased for, the membership will be cancelled immediately,
without refund of any fees.
9. In case of mental fitness services, Your mental health service provider may be supervised by a
senior mental health professional to ensure best care possible for You. Further, You agree that all
information regarding Your counselling sessions (including all verbal and/or written exchanges)
will be kept confidential, except if You indicate that You may be an imminent danger to Yourself
or others.
10. Yoga Counselling Social: Yoga Counselling may provide access to Yoga Counselling Social, a
social portal through which You may access and share a variety of resources, information and
data including planning training activities with other Users, updating Your fitness profile,
viewing public profile of other Users, adding and accessing videos, photos and status updates,
access to communication forums and certain product information. In order to access Yoga
Counselling Social, You shall create a Yoga Counselling Social profile on Your Account by
providing certain details including Your name, image, interested training activities, and such
other details as may be required (“Yoga Counselling Social Profile”). In case You choose to
make Your Yoga Counselling Social Profile public, You agree that all the information on Your
Yoga Counselling Social Profile including username, Images (defined below), photos and other
activity details shall be visible to all the Users on Yoga Counselling Social and the Users will be
able to access, like or comment on the activities on Your Yoga CounsellingSocial Profile. Further,
Yoga Counselling Social will allow You to view other Users profiles who have attended the same
class/session and vice versa. You can always opt-out and make Your profile private. Your
access to Yoga Counselling Social shall be subject to the following:
1. Access to the Photos/Videos: Yoga Counselling may offer the opportunity to get Your
photographs clicked (either single photo or in a group with other users) or appear in a video
during a class/session in Yoga centres / Ashrams(“Images”). The Images shall be clicked
or recorded by the centre managers or any individual authorised by Yoga Counselling’s
personnel. Once an Image is uploaded on Yoga Counselling Social, You may be allowed to
tag Yourself in the Image. You acknowledge that the Images uploaded by Yoga Counselling
shall be accessible to all the Users who have attended the said session/class. The said Users
may download or take a screenshot of the Photos. In the event, You choose to tag Yourself
in the Image, Your username and certain details on Your Yoga Counselling Social Profile
shall be visible/accessible to other Users including attendees of the session. You may also
be allowed to upload Your photos or videos on Your Yoga Counselling Social Profile. The
Images may also be seen, accessed, or downloaded through third-party services such as
search engines, APIs, websites and other services. Yoga Counselling/Firm disclaims any
and all liabilities with respect to the misuse, loss, modification, unavailability of the Images
or content available on Yoga Counselling Social.
2. Ownership Rights: You agree and confirm that You shall provide/upload only those
information, photos, videos and content on Your Yoga Counselling Social Profile that You
have the right to share and upload and that your information on Yoga Counselling Social
Profile will be truthful. You agree to only provide content or information that does not
violate the law nor anyone’s rights (including intellectual property rights). All rights, title
and interest including all intellectual property rights in Yoga Counselling Social including
Images, content, any derivatives, modifications, enhancements and new inventions
undertaken in the Yoga Counselling Social shall belong to and vest entirely in Yoga
Counselling. Yoga Counselling, in its sole discretion, may from time to time make additions
to, deletions from, or modifications to ever-evolving Yoga Counselling Social, specifications
and/or communications facilities, including to comply with changes, or contemplated
changes, in law. For the information or content that You submit or post on Your Yoga
Counselling Social Profile, You are hereby granting Yoga Counselling and its affiliates a
worldwide, transferable, non-exclusive and sublicensable right to use, copy, modify,
distribute, publish and process, create derivative work, and such other right including
displaying the said content on public platform including social media platform without any
consent, notice and/or compensation to you or any third party. Yoga Counselling reserves
all the right, title and interest on Yoga CounsellingSocial not expressly granted to the fullest
extent possible under applicable laws. Unless stated otherwise, all contents uploaded by
Yoga Counselling are believed to be in the public domain as either promotional materials
or publicity photos as Yoga Counselling may determine.
Prohibited Use: Yoga Counselling may access, review, screen, and delete content uploaded on Yoga
Counselling Platform(s) including Social Media platform(s) at any time and for any reason, including
to provide and develop the Yoga Counselling Social or if Yoga Counselling thinks Your content violates
these Terms of Use. You alone, though, remain responsible for the content You create, upload, post,
send, or store on the Your Yoga Counselling Social Profile. You will not, and will not permit any person,
directly or indirectly, to (a) use Yoga Counselling Social including Images or any content for any illegal,
misleading, or fraudulent activity, defame, abuse, harass, threaten or do any other activity which
infringes the rights of Yoga Counselling or others, or publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information or any other content which belongs to another person over which You do not
have any right through any bookmark, tag or keyword; (b) make available, sublicense, otherwise
transfer or assign, or otherwise exploit Yoga Counselling Social or do anything to interfere with or
impair the intended operation of Yoga Counselling Social; (c) edit, change, prepare any derivative work
of or alter in any way any of the Images or content provided on Yoga Counselling Social, (d) input,
upload, transmit or otherwise provide to, or through the Yoga Counselling Social any information or
materials that are in violation of law, injurious, contain, transmit or activate any viruses, malicious or
harmful code, or any other similar software or programs, or disrupt or interfere with the security of, or
otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks
connected to or accessible through the Platform or any affiliated or linked sites; (e) act in a manner
intended to exceeding any restrictions or limitations set forth in these Terms of Use or the Privacy
Policy; (f) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation
with a person or entity; (g) attempt to gain unauthorized access to any portion or feature of the
Platform, any other systems or networks connected to the Platform, or to any of the services offered on
or through the Platform, by hacking, password mining or any other illegitimate means; (h) collect or
store data about other Users in connection with the prohibited conduct and activities or
conduct/forward surveys, contests, pyramid schemes or chain letters; and (i) upload any other content
which is non-complaint with the Information Technology Act, 2000, rules, guidelines and regulations
made thereunder, including Rule 3 of the Information Technology (Intermediary Guidelines and
Digital Media Ethics Code) Rules, 2021, Terms and Policies.
Acceptance of Terms of Use
1. Use of and access to the Platform is offered to You upon the condition of acceptance of all
the terms, conditions and notices contained in these Terms of Use, along with any
amendments made by the Firm at its sole discretion and posted on the Platform. By (i)
using this Platform or any Platform Services in any way; or (ii) merely browsing the
Platform, You agree that You have read, understood and agreed to be bound by these
Terms of Use available at https://yogamagics.com/ website and mobile app.
2. The Firm retains an unconditional right to modify or amend this Terms of Use without any
requirement to notify You of the same. It shall be Your responsibility to check this Terms
of Use periodically for changes. Your continued use of the Platform following the posting
of changes to this Terms of Use on the Platform, will constitute Your consent and
acceptance of those changes.
User Account, Password and Security
1. In order to avail the Platform Services (as defined hereinafter) on the Platform, You will have
to register on the Platform by providing details about Yourself, including Your name,
address, contact details and such other details as may be required on the Platform and
create an account (“Account”).
2. You shall ensure and confirm that the Account information provided by You is complete,
accurate and up-to-date. If there is any change in the Account information, You shall
promptly update Your Account information on the Platform. If You provide any
information that is untrue, inaccurate, not current or incomplete (or becomes untrue,
inaccurate, not current or incomplete), or if the Firm has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, the Firm has the right to
suspend or terminate Your Account and refuse any and all current or future use of the
Platform (or any portion thereof) at its discretion, in addition to any right that the Firm
may have against You at law or in equity, for any misrepresentation of information
provided by You.
3. You will be responsible for maintaining the confidentiality of the Account information and
are fully responsible for all activities that occur under Your Account. You agree to (a)
immediately notify the Firm of any unauthorized use of Your Account information or any
other breach of security, and (b) ensure that You exit from Your Account at the end of each
session. The Firm cannot and will not be liable for any loss or damage arising from Your
failure to comply with this provision. You may be held liable for losses incurred by the
Firm or any other user of or visitor to the Platform due to authorized or unauthorized use
of Your Account as a result of Your failure in keeping Your Account information secure
and confidential.
4. Use of another User’s Account information for availing the Platform Services is expressly
prohibited.
Fees, Charges and Subscriptions
1. Any Digital Services membership may start with a free trial. The free trial period for any
subscription will last for the period of time specified when you signed up. Free trials may
not be combined with certain other offers, as specified. If you begin your subscription
within a free trial, we may begin billing You for periodical membership fees at the time of
subscription purchase or at the end of the free trial period unless you cancel your
membership prior to the end of the free trial period, at our sole discretion.
2. You agree to pay for all fees and charges incurred while using the Yoga Digital Services
and the Platform Services. Additional taxes or third-party charges may apply.
3. You may be offered (a) pay per session; (b) subscription options, which could be monthly,
quarterly, half yearly, annual, recurring, non-recurring subscription options. For the
purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar
days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
4. Non-recurring subscription(s) are non-cancellable. However, You may cancel your
recurring subscription(s) at any time by going to your Account Settings and cancelling
your subscription before the respective renewal date to avoid billing of the next period’s
subscription fee to the Payment Detail you have provided. Refunds cannot be claimed for
any partial-term subscription period.
5. Any promotion code or offer provided may not be used in conjunction with any other
promotion code or offer, past or present. Introductory offers are only available to new
users of the Platform, except where expressly stated otherwise. Previous users, including
those having only booked / utilised trial services, or trial users of the Platform do not
qualify as new users. No promotion code or discount will apply to any services / products
unless otherwise stated on the Platform. Unless otherwise set forth in the terms of any
promotion, all pricing promotions or discounts will apply to the initial period of the
subscription, and any renewals will be charged at the non-discounted rate for the type of
subscription or membership purchased.
Payment Services
1. All payments in respect of the Platform Services shall be made to the Firm through the
Platform. To the extent permitted by applicable law and subject to the Firm’s Privacy
Policy, you acknowledge and agree that the Firm may use certain third-party vendors and
service providers, including payment gateways, to process payments and manage
payment card information.
2. In order to make payments online, You undertake to use a valid payment card or bank
details or third party wallets or details required for any other mode of payment (“Payment
Details”) with the authority to use the same, to have sufficient funds or credit available to
complete the payment on the Platform in good standing. By providing the Payment
Details, You represent, warrant, and covenant that: (1) You are legally authorized to
provide such Payment Details; (2) You are legally authorized to perform payments using
such Payment Details; and (3) such action does not violate the terms and conditions
applicable to Your use of such Payment Details or applicable law. You agree that You are
responsible for any fees charged by Your mobile carrier in connection with Your use of
the payment services through Your mobile. The Firm shall use the Payment Details as
described in the Firm’s Privacy Policy. You may add, delete, and edit the Payment Details
You have provided from time to time through the Platform.
3. The payment receipt for completion of a transaction shall be provided by the respective
Vendors and the transaction summary shall be provided by the Firm, the payment receipt
and transaction summary shall be made available on the Platform and also sent to your
registered email address. Firm collects the payment on behalf of the respective Vendor,
and eventually settles the same.
4. Except to the extent otherwise required by applicable law, the Firm is not liable for any
payments authorized through the Platform using Your Payment Details. Particularly, the
Firm is not liable for any payments that do not complete because: (1) Your payment card
or bank account or third party wallet does not contain sufficient funds to complete the
transaction or the transaction exceeds the credit limit in respect of the Payment Details
provided; (2) You have not provided the Firm with correct Payment Details; (3) Your
payment card has expired; or (4) circumstances beyond the Firm’s control (such as, but
not limited to, power outages, interruptions of cellular service, or any other interferences
from an outside force) prevent the execution of the transaction.
Refund Policy
1. Yoga & Fitness Services – Any Yoga Counselling memberships / sessions / classes /
activity bookings bought by You are non-refundable, non-exchangable, and non-saleable.
2. Yogaplus Services – Any Yogaplus memberships / sessions / classes / activity bookings
bought by You are non-refundable, non-exchangeable, non-saleable and nontransferrable.
3. Yoga Dietary Products – You can request for cancellation / pausing of Food Product
orders with scheduled deliveries and request for refund / adjustment in future orders
against the same. However, acceptance of cancellation / pause requests shall be at Yoga
Dietary’ the sellers’ / Firm’s discretion and dependent on the cancellation cut-off time
and the quantity of Yoga Dietary Products ordered by You. There shall be no refunds for
on-demand Yoga Dietary Product orders.
4. Yogafit Services – In the event of permitted / cancellations, refunds shall be made within
7-8 days’ from the date of such cancellation to the original source of your payment.
5. Digital Services – You may request cancellation of your subscription to the Digital Services,
however the same must be done before the respective renewal date to avoid billing of
the next period’s subscription fee to the Payment Details you have provided. Refunds
cannot be claimed for any partial-term subscription period.
6. The Firm and / or relevant service provider(s) / vendor shall have the right to
cease/terminate relationship with You unilaterally without any reason, and applicable
amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to
You subsequently.
7. With regards to payments, the Platform shall not be responsible for any unauthorised
transactions conducted on our Platform using Your payment card or internet banking.
The Platform shall not be obligated to refund any money to You in such instances.
Use of Platform
1. Subject to compliance with the Terms of Use, the Firm grants You a non-exclusive,
revocable, limited privilege to access and use this Platform and the Platform Services. You
agree to use the Platform Services, Platform and the materials provided therein only: (a)
for purposes that are permitted by the Terms of Use; (b) for purposes for which the
Platform Services are meant to be used; and (c) in accordance with any applicable law,
regulation or generally accepted practices or guidelines. You agree not to engage in
activities that may adversely affect the use of the Platform by the Firm/other Users.
2. You agree not to access (or attempt to access) the Platform and the materials or Platform
Services by any means other than through the interface that is provided by the Firm. You
shall not use any deep-link, robot, spider or other automatic device, program, algorithm
or methodology, or any similar or equivalent manual process, to access, acquire, copy or
monitor any portion of the Platform or Content (as defined below), or in any way
reproduce or circumvent the navigational structure or presentation of the Platform,
materials or any Content, to obtain or attempt to obtain any materials, bookings,
documents or information through any means not specifically made available through the
Platform.
3. You acknowledge and agree that by accessing or using the Platform or Platform Services
or Content, You may be exposed to content from others that You may consider offensive,
indecent or otherwise objectionable. The Firm disclaims all liabilities arising in relation to
such offensive content on the Platform.
4. If the Platform allows You to post and upload any material on the Platform, You hereby
undertake to ensure that such material is not offensive and is in accordance with
applicable laws. All material added, created, uploaded, submitted, distributed, or posted
to the Platform by You is Your sole responsibility. The Firm reserves the right to review
any information provided/data uploaded, if any, by You on the Platform and delete any
information/data that is inconsistent with these Terms of Use.
5. Further, You undertake not to:
1. defame, abuse, harass, threaten or otherwise violate the legal rights of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information;
3. copy, republish, post, display, translate, transmit, reproduce or distribute any Content
through any medium without obtaining the necessary authorization from the Firm;
4. conduct or forward surveys, contests, pyramid schemes or chain letters;
5. upload or distribute files that contain software or other material protected by applicable
intellectual property laws unless You own or control the rights thereto or have received
all necessary consents;
6. upload or distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Platform or another’s
computer or provide you undue advantage or benefit in purchasing goods / availing
services;
7. engage in any activity that interferes with or disrupts access to the Platform or the
Platform Services or the Content (or the servers and networks which are connected to the
Platform);
8. attempt to gain unauthorized access to any portion or feature of the Platform, any other
systems or networks connected to the Platform, to any Firm server, or to any of the
Platform Services offered on or through the Platform, by hacking, password mining or any
other illegitimate means;
9. probe, scan or test the vulnerability of the Platform or any network connected to the
Platform, nor breach the security or authentication measures on the Platform or any
network connected to the Platform. You may not reverse look-up, trace or seek to trace
any information on any other User, of or visitor to, the Platform, to its source, or exploit
the Content, Platform or Platform Services or information made available or offered by or
through the Platform, in any way whether or not the purpose is to reveal any information,
including but not limited to personal identification information, other than Your own
information, as provided on the Platform;
10. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems
resources, accounts, passwords, servers or networks connected to or accessible through
the Platform or any affiliated or linked sites;
11. collect or store data about other Users in connection with the prohibited conduct and
activities set forth in this Section.
12. use any device or software to interfere or attempt to interfere with the proper working of
the Platform or any transaction being conducted on the Platform, or with any other
person’s use of the Platform;
13. use the Platform or any material or Content for any purpose that is unlawful or prohibited
by these Terms of Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of the Firm or other third parties;
14. falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in a
file that is uploaded;
15. violate any applicable laws or regulations for the time being in force within or outside
India or anyone’s right to privacy or personality;
16. violate the Terms of Use contained herein or elsewhere; and
17. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information or software
obtained from the Platform.
18. Except as expressly indicated herein, the Firm hereby grants You a non-exclusive, freely
revocable, non-transferable access to view any Content available on the Platform, subject
to the following conditions:
1. You may access the Content solely for personal, informational, and internal purposes, in
accordance with the Terms of Use;
2. You may not modify or alter the Content available on the Platform;
3. You may not distribute or sell, rent, lease, license or otherwise make any Content on the
Platform available to others; and
4. You may not remove any text, copyright or other proprietary notices contained in the
Content downloaded from the Platform.
Intellectual Property Rights
1. The Platform and the processes, and their selection and arrangement, including but not
limited to, all text, videos, photos, aasans positions, graphics, user interfaces, Images,
visual interfaces, sounds and music (if any), artwork and computer code (and any
combinations thereof) (collectively, the “Content”) on the Platform is owned and
controlled by the Firm i.e. Yoga Counselling and / or its licensors and the design,
structure, selection, coordination, expression, look and feel and arrangement of such
Content is protected by copyright, patent and trademark laws, and various other
intellectual property rights.
2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the
property of the Firm and / or Vendors and / or other respective third parties, as the case
may be. You are not permitted to use the Marks without the prior consent of the Firm, or
the Vendors, or the third party that may own the Marks.
Disclaimer of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
1. the Platform, Platform Services and other Content are provided by the Firm on an “as is”
basis without warranty of any kind, express, implied, statutory or otherwise, including
the implied warranties of title, non-infringement, merchantability or fitness for a
particular purpose. Without limiting the foregoing, the Firm makes no warranty that (i)
the Platform or the Platform Services or the Content will meet Your requirements or Your
use of the Platform or the Platform Services will be uninterrupted, timely, secure or errorfree; (ii) the results that may be obtained from the use of the Platform, or Platform Services
will be effective, accurate or reliable; (iii) the quality of the Platform or Platform Services
or Content will meet Your expectations; or (iv) any errors or defects in the Platform or
Platform Services or Content will be corrected. No advice or information, whether oral or
written, obtained by You from the firm or through use of the Platform Services shall create
any warranty not expressly stated in the Terms of Use.
2. the Firm will have no liability related to any user Content arising under intellectual
property rights, libel, privacy, publicity, obscenity or other laws. The Firm also disclaims
all liability with respect to the misuse, loss, modification or unavailability of any user
Content.
3. the Firm will not be liable for any loss that You may incur as a consequence of
unauthorized use of Your Account or Account information in connection with the
Platform or Platform Services, either with or without your knowledge.
4. the Firm has endeavored to ensure that all the information on the Platform is correct, but
the Firm neither warrants nor makes any representations regarding the quality, accuracy
or completeness of any data, information, or Platform Services. The Firm shall not be
responsible for the delay or inability to use the Platform or related functionalities, the
provision of or failure to provide functionalities, or for any information, software,
functionalities and related graphics obtained through the Platform, or otherwise arising
out of the use of the Platform, whether based on contract, tort, negligence, strict liability
or otherwise. Further, the Firm shall not be held responsible for non-availability of the
Platform during periodic maintenance operations or any unplanned suspension of access
to the Platform that may occur due to technical reasons or for any reason beyond the Firm’s
control. You understand and agree that any material or data or Content downloaded or
otherwise obtained through the Platform is done entirely at Your own discretion and risk,
and that You will be solely responsible for any damage to Your computer systems or loss
of data that results from the download of such material or data.
Indemnification and Limitation of Liability
1. You agree to indemnify, defend and hold harmless the Firm and its affiliates including
but not limited to its (and its affiliates’) officers, partner(s), consultants, agents, employees
and Vendors on the Platform (“Indemnitees”) from and against any and all losses,
liabilities, claims, damages, demands, costs and expenses (including legal fees and
disbursements in connection therewith and interest chargeable thereon) asserted against
or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue
of, any breach or non-performance of any representation, warranty, covenant or
agreement made or obligation to be performed by You pursuant to these Terms of Use.
Further, You agree to hold the Indemnitees harmless against any claims made by any third
party due to, or arising out of, or in connection with, Your use of the Platform or Platform
Services or Content, any misrepresentation with respect to the data or information
provided by You, Your violation of the Terms of Use, or Your violation of any rights of
another, including any intellectual property rights.
2. In no event shall the Indemnitees be liable to You or any third party for any special,
incidental, indirect, consequential or punitive damages whatsoever, arising out of or in
connection with Your use of or access to the Platform, Platform Services or Content on the
Platform. The limitations and exclusions in this Section apply to the maximum extent
permitted by applicable laws.
3. In addition, and without limiting the foregoing, to the fullest extent permitted by
applicable law, in no event will Indemnitees aggregate liability arising out of or in
connection with these Terms of User or the services rendered hereunder, whether in
contract, tort (including negligence, product liability, or other theory), warranty, or
otherwise, exceed the amount of actual fees charged from You.
4. If applicable law does not permit the exclusion of certain warranties or the limitation or
exclusion of liability, the scope and duration of such warranty exclusions and the extent
of the liability of Firm shall be the minimum permitted under applicable law.
Violation of the Terms of Use
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business
practice, and will cause irreparable harm to the Firm and/or Vendors, as the case may be, for which
monetary damages would be inadequate, and You consent to the Firm and/or Vendors obtaining any
injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies that the Firm and/or Vendors obtaining may have at law
or in equity. If the Firm and/or Vendors takes any legal action against You as a result of Your violation
of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable
attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
Suspension and Termination
1. The Terms of Use will continue to apply until terminated by either You or the Firm as set forth
below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is
to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
2. The Firm may delist You or block Your future access to the Platform or suspend or terminate your
Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated,
abused, or unethically manipulated or exploited any term of these Terms of Use or anyway
otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will
survive indefinitely unless and until the Firm chooses to terminate them.
3. If You or the Firm terminate Your use of the Platform, the Firm may delete any Content or other
materials relating to Your use of the Platform Services and the Firm shall have no liability to You or
any third party for doing so. However, your transactions details may be preserved by the Firm for
purposes of tax or regulatory compliance.
4. You shall be liable to pay for any Platform Services that you have already ordered till the time of
termination by either party whatsoever.
Report Abuse and Grievance Redressal
In the event You come across any abuse or violation of these Terms of Use or if You become aware of
any objectionable content on the Platform or if You wish to report a grievance regarding Platform or
Platform Services, please report the same to the following e-mail id: drtkm2010@gmail.com or reach
out to our Grievance Officer, whose contact information is detailed below:
• Name: Dr. Tapan Kr Mandal
• Email – drtkm2010@gmail.com; and
• Postal address – B2/296, Kalyani, Nadia-741235, West Bengal.
Please provide us with a detailed description of the complaint/grievance, and we will endeavour to
resolve Your grievances within 25 (Twenty Five) days from the date of receipt of such grievance, or
within such timeframe stipulated under applicable laws.
Communications
You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Firm,
Vendors and other third parties relating to the Platform Services provided through the Platform. You
can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by emailing to drtkm2010@gmail.com or contacting our Grievance Officer. However, this may limit the
extent of Platform Services that you can avail.
General Provisions
Notice: All notices from the Firm will be served by email to Your registered email address or by general
notification on the Platform. Any notice provided to the Firm pursuant to the Terms of Use should be
sent to drtkm2010@gmail.com or to our Grievance Officer with subject line – Attention: TERMS OF
USE.
Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder
to any third party. The Firm’s rights under the Terms of Use are freely transferable by the Firm to any
third party without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of
Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of the parties as reflected by that provision, and the
remainder of the Terms of Use shall continue in full force and effect.
Waiver: Any failure by the Firm to enforce or exercise any provision of the Terms of Use, or any related
right, shall not constitute a waiver by the Firm of that provision or right.
IP Infringement
If You believe the Platform or any of the Platform Services violates Your intellectual property, You must
promptly notify the Firm in writing at drtkm2010@gmail.com. These notifications should only be
submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf.
However, any false claim by You may result in the termination of Your access to the Platform. You are
required to provide the following details in Your notice:
1. the intellectual property that You believe is being infringed;
2. the item that You think is infringing and include sufficient information about where the material
is located on the Platform;
3. a statement that You believe in good faith that the item You have identified as infringing is not
authorized by the intellectual property owner, its agent, or the law to be used in connection with
the Platform;
4. Your contact details, such as Your address, telephone number, and/or email;
5. a statement that the information You provided in Your notice is accurate, and that You are the
intellectual property owner or an agent authorized to act on behalf of the intellectual property
owner whose intellectual property is being infringed; and
6. Your physical or electronic signature.
Copyright © All rights reserved.
Yoga Counselling Terms of Service
Posted: November 30, 2021