LIVE YOGA - Terms of Use

These Terms of Use

("Terms") are a legal contract between LIVE YOGA C/o Sparsh Motivation centre ("LIVE YOGA", "we", "us" or "our" or "company") and any user or visitor ("you" or "your" or "yourself" or "user" ) to the LIVE YOGA website (“Website”) and mobile application (“App") (collectively referred to as the "platform") as well as any yoga instruction, training and other services and any, text, data, information, software, graphics, photographs and more (all of which is collectively referred to as the "Materials") that LIVE YOGA may provide through the Website and the App. The Website, App, Materials and services will be referred to collectively as the “Services.” READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE APP, WEBSITE OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

Changes LIVE YOGA may alter the Services it offers you and/or choose to modify, suspend or discontinue the Services at any time, in whole or in part, and without notifying you. LIVE YOGA may also change, update, add or remove provisions (collectively, "modifications") of these Terms from time to time. LIVE YOGA will notify you of modifications to these Terms by posting them on this Website and the App, and, if you have registered with LIVE YOGA, by describing the modifications to these Terms in an email that LIVE YOGA will send to the address that you provided during registration. To be sure LIVE YOGA properly reached your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration. If you object to any such modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded. IN ADDITION, WE MAY NEED TO UPDATE THE APP FROM TIME TO TIME. BY DOWNLOADING THE APP, YOU AGREE THAT WE CAN NOTIFY YOU AND SEND SUCH UPDATES TO YOUR MOBILE DEVICE.

General Use The Services provides users (“Students”) the ability to connect with professional yoga teachers (“Teacher”) to obtain both group and personalized yoga instruction and training (“Training”) either through the App or the Website. You must be at least 18 years old and have the legal capacity to enter into contracts to receive Training and to use the Services. The Training may involve vigorous physical exercise and activity that could result in the risk of injury. It is important that you not have no physical or medical condition that would prevent you from participating in the Training or that would create a risk of injury. Because of the risks involved in Training, we require all Students to read and acknowledge the following release.

Release By signing up for and/or attending classes, events, activities, and other Training and using the Services, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in participating in yoga and the Training and Services. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that doing strenuous physical activity such as yoga may increase the risk of various potential injuries, including but not limited to, (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as joint or back injuries, heart attacks, rhabdomyolysis, seizures and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all rules, and verbal instructions given to you by us or your Teachers. You should share details with your Teacher on your fitness to do you and not participate in Training if you feel that are not physical capable of doing so. If in the subjective opinion of us or the Teachers, you would be at physical risk participating in the Training or using the Services, you understand and agree that you may be denied access to the Training or Services until you furnish LIVE YOGA with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing our concerns and confirming your physical fitness to undertake the Training. However, you also acknowledge that being permitted to access the Training and Services does not mean you are not at physical risk, and it is not an endorsement by us of your fitness to participate in the Training. In consideration of being allowed to participate in and access the Services and Training, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained, aggravated or caused by you to yourself or anyone else in relation to the Training and Services, (2) release and agree to indemnify and hold harmless LIVE YOGA , its direct and indirect parents, subsidiaries, and affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and all Teachers, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to your participation in the Training or use of the Services, and (3) represent that you (a) understand that participating in the Training and Services involves strenuous physical activity, and that you are in good health and able to engage in such activity, (b) have no medical or physical condition that would prevent you from properly using any of the Training and Services, or that would put you or anyone else in physical or medical danger, (c) have not been instructed by a physician to not participate in physical exercise or in the type or intensity of activity in the Training and Services, and (d) are physically and mentally capable of participating in the Training and Services. App Store Terms The App may be available for download from one or more platforms, such as the Apple App Store or Google Play (“App Stores”). Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable App Store (“App Store Terms”). If there is any conflict between these Terms and the App Store Terms then these Terms will prevail. This App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any App Store. You and we acknowledge that these Terms are entered into between you and us only, and not with any App Store, and we, not the App Store, are solely responsible for the App and the content thereof to the extent specified in these Terms. You and we acknowledge that we, not the relevant App Store, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation. You and we acknowledge and agree that the relevant App Store, and that App Store’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. Wi-fi, Internet, and Cellular Provider Requirements You can access the App and Services through either your mobile device using the App or through the Website. In accessing the Services, you can use either use either your cellular service or a WiFi or other internet connection. If you use your cellular service, you acknowledge that your agreement with your cellular network provider (“Cellular Provider”) will apply to your use of the App and Services. You acknowledge that you may be charged by your Cellular Provider for data services while using certain features of the App or any other third party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the Device (defined below) being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You must also ensure that your use of the App is not in violation of your Cellular Provider agreement or any other wireless data or internet connection service agreement.

Licenses

Provided you are in compliance with these Term, we hereby grant you a non-exclusive, non-transferable, revocable license for your personal, non-commercial use: (A) to download and use the App only on an approved Apple or Android device owned by you (“Device”) as permitted by the applicable App Store Terms and in accordance with these Terms; (b) access the Services through the App or Website on your Device or personal computer; and (c) download one copy of any Materials provided through the Services solely in connection with the Training (“User License”). The User License only applies to your use of the Training and Services for your personal use (“Permitted Purpose”). All other rights in the Services are reserved to LIVE YOGA. In the event of your breach of these Terms we will be entitled to terminate the User License immediately. You agree not to (i) modify, adapt or translate the Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services; (ii) remove any copyright notice, trademark, legend, logo or product identification from the Services; (iii) modify, translate or prepare derivative works of the Services, or any portion thereof; (iv) make any commercial use of the Services; or (v) rent, lease, distribute or lend the Services to third parties. Registration To participate in Training and use the Services, you must register and create an account with us (“Account”). To create an Account, you must submit the following information through the account registration page on the Website or the App: (1) a working email address; (2) first and last name; (3) phone number (for generating OTP )and (4) location . We also ask that you provide additional information so that we can provide you a more customized experience when using the Services, such as your years of yoga experience, types of yoga practiced in the past, any medical or physical conditions (such as surgeries) that might impact your ability to practice yoga, and your goals for yoga, such as to increase flexibility or achieve weight loss. This information will be protected and used in accordance with our Privacy Policy. Once you submit the required registration information, you will receive an OTP on your given mobile number to authenticate your login .For so long as you use the Account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your Account and making relevant changes directly or contacting us using the below contact information and we can make the changes for you. You are responsible for complying with these Terms when you access the Services . Because it is your Account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password by restricting your device use by unauthorised person( Should you believe your password or security for this Website or Services has been breached in any way, you must immediately notify us (see Contact Us below). Training Sessions and Recording If you have registered an Account with us, you can select from the list of different classes we provide to provide Training and other Services. You are solely responsible for arranging the dates and times of any Training sessions (“Sessions”) with your Teachers, The Services are interactive in that they enable you to connect in real-time to Teachers and for Teachers to connect with you to provide the Training Sessions. These Sessions are sometimes recorded for both you and the Teacher to refer to in developing future Session plans and yoga training (“Session Recordings”). Teachers may only use the Session Recordings they conducted for teaching training and improvement, and for developing future Session planning with you. In addition, our internal staff may view Session recordings for review relating to the quality of the Training and for customer service and support, and for development of Teacher training. If you do not want an Teacher to view your Training Session recording or want us to delete your Training Session recording, please contact us at help@liveyoga.in. You expressly consent to be recorded in connection with the Sessions that you participate in through the Services.

Payment Services

1. All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company 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 Company shall use the Payment Details as described in the Company’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 Company, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Company collects payment on behalf of the respective Vendor, and eventually settles the same.
4. Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company 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 Company with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction.

Refund Policy

1. All LIVE YOGA memberships / sessions / classes / activity bookings bought by You are non-refundable, non-exchangeable, and non-saleable.. 2. 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 instance Electronic Communications By using the Services, you consent to receiving electronic communications from us at the email address you provide in your Account. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy ny legal communication requirements, including that such communications be in writing. You hereby also expressly agree to receive communications by way of SMS and/or e-mails from the Company, 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 e-mailing to help@liveyoga.in. However, this may limit the extent of Platform Services that you can avail.

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 Company 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 Company 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 error-free; (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 company or through use of the Platform Services shall create any warranty not expressly stated in the Terms of Use.
2. the Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content.
3. the Company 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 Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Platform Services. The Company 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 Company 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 Company'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 Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and Vendors on the Platform (“Indemnities”) 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 Indemnities 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 Indemnities 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 Indemnities 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 Indemnities 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 the Company 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 Company and/or Vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company 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 Company and/or Vendors obtaining may have at law or in equity. If the Company 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 Company 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 Company 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 Company chooses to terminate them.
3. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your use of the Platform Services and the Company shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the Company 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.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Navsari , Gujarat.
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: help@liveyoga.in

General Provisions

Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to help@liveyoga.in 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 Company’s rights under the Terms of Use are freely transferable by the Company 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 Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

Intellectual Property Rights

1. The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Photos, 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 Company 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 Company 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 Company, or the Vendors, or the third party that may own the Marks.

Intellectual Property Infringement

If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly notify the Company in writing at help@liveyoga.in. 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:
· Contain your physical or electronic signature;
· Identify the copyrighted work or other intellectual property alleged to have been infringed;
· Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
· Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
· Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
· Contain a statement that the information in the written notice is accurate; and
· Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
· Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.