Terms of use agreement

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable (IT Act), and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Privacy Policy and Terms of Use for access or usage of the website www.Gofindyourselfyoga.com (Website).

Introduction

Jyotsna T Sistla, founder of Gofindyourself Yoga, is the owner and operator of the platform www.gofindyourselfyoga.com. Gofindyourself Yoga, through its Website, provides a platform where users can enquire about personal and group yoga classes, and sign up for yoga retreats and other events hosted by Gofindyourself Yoga(Business). This terms of use agreement (Agreement) governs the services provided by Gofindyourself Yoga in relation to Business and use of content, features and activities related to its Website (together, Service). This Agreement constitutes a legally binding agreement between yourself and Gofindyourself Yoga. Further to this, your use of the Service constitutes acknowledgement that you understand and agree to the terms of this Agreement.

Gofindyourself Yoga’s Privacy Policy is also incorporated herein by reference. This Agreement shall remain in full force as long as you are a user of the Services and even in the event of termination of membership, Service or feature, you will continue to be bound by your obligations under this Agreement and the Privacy Policy, including any indemnifications, warranties and limitations of liability.

Please read the Agreement carefully and if you do not accept the terms, we request that you not avail the Service. The Agreement may be updated/ modified from time to time for a number of reasons including, but not limited to, the need for compliance with the applicable laws, regulations and other regulatory requirements. All changes will be published on the Website, where the latest version of the Agreement will be available. If any change is unacceptable to you, I request that you cease availing the Service. If, however, you continue to use the Service after the date on which the changes to the Agreement come into effect, you will be deemed to have accepted those changes.

The words "use" and/or "using" in this Agreement mean at any point in time an individual (a "User"), being a registered user, who avails the Services and directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from, transmit, receive or exchange data or communicate with the Website, or otherwise in any way uses, takes benefit from, takes advantage of or interacts with any function, service and/or feature of the Website, for any purpose. 'I' or 'me' refers to Gofindyourself Yoga and the platform www.gofindyourselfyoga.com, and 'you' refers to the Users of our Services. This Agreement does not cover your rights or responsibilities with respect to third party content. This is the entire and exclusive Agreement between you and me regarding the use of the Service.

Scope of Services

The Website is an online platform that allows Users to inquire about personal/group yoga classes and sign up for yoga retreats/other events as may be hosted by Gofindyourself Yoga from time to time.

Registration

In order to use certain services offered by the Website, the Users will be required to register/sign-up with the Website. You will need to provide me with accurate and complete information for registration. For registration, each User would be allowed to pick a unique username and password.

The Website requires Users to provide me with all personal User information, as listed in its Privacy Policy, for registration (User Information). Your username and password are personal to you and I request that you not allow any others to use your username or password at any time or for any reason whatsoever. I am not liable for any harm caused related to the theft or misappropriation of usernames, passwords phone numbers or e-mail ids, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to notify me immediately if you become aware of or believe there is or may have been any unauthorized use of your username or password or any other need to deactivate your username or password due to security concerns. Passwords are issued on a personal basis. Accordingly, all content and instructions transmitted or received from anyone presenting your password on the Website will be deemed binding on you. You, the User, agree that you alone are responsible and liable for any and all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully with the full awareness that any failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible.

By accepting the terms and/or registering to use the Service, you hereby agree that I shall be entitled to conduct any and all such identification and other verification checks from time to time that we may require and/or are required by the applicable laws and regulations and/or by the relevant regulatory authorities for use of the Services. You agree to provide all such information as may be required in connection with such verification checks. I shall be entitled to suspend or restrict your account in any manner that I may deem, in my absolute discretion, to be appropriate, until such time as the relevant checks are completed to our satisfaction. You may open only one account. Should I identify any User with more than one account, I reserve the right to treat any such accounts as one joint account.

I shall retain the User Information as long as you hold an account with the Website. Upon closure of your account, Gofindyourself Yoga has the right to retain your information for compliance with applicable law, for resolving any disputes and for the enforcement of this Agreement. Any information that you share with other Users would be accessible to them even after you terminate your account with the Website and I do not have control over any data that other Users copy out of Services.

Charges

Membership on the Website is free for the User. Gofindyourself Yoga does not charge any fee for browsing and buying on the Website. Gofindyourself Yoga reserves the right to change its fee policy from time to time. In particular, Gofindyourself Yoga may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, Gofindyourself Yoga reserves the right to introduce fees for new services offered or amend/introduce fees for existing services, as the case maybe.

Consent to Use of Data

In accordance with the Privacy Policy, Gofindyourself Yoga may collect and use technical data such as your IP address, device ID and related information while using our Website and you consent to us collecting such information. You also consent to Gofindyourself Yoga collecting, using, sharing and disclosing the User Information as provided in the Privacy Policy.

Third Party Services

Certain services offered by the Website may be provided by third-party service providers, for example payment gateways, signing up for events etc. (Third Party Websites). These Third Party Websites are completely unrelated to Gofindyourself Yoga and Gofindyourself Yoga merely connects Users to the services offered by Third Party Websites. All payments through the Website are directed through payment gateways and you are requested to analyse the terms of use and privacy policy of the respective payment gateway. Further you may be subjected to the terms and policies of the Third Party Websites, in case you choose to avail their services. Gofindyourself Yoga makes no representation and warranty as to the accuracy and authenticity of the information or services provided by the Third Party Websites. Your use of such Third Party Websites is completely at your own risk and Gofindyourself Yoga disclaims all liability thereto.

Intellectual Property

The design of the Website along with the text, scripts, tag-lines, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein and any other intellectual properties used by Gofindyourself Yoga, are owned by or licensed to Gofindyourself Yoga, subject to copyright and other intellectual property rights under Indian intellectual property rights law and international conventions. The Website is provided to you on as-is basis for your personal use only. Gofindyourself Yoga reserves all rights not expressly granted in and to the use of Website. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, publication, display or performance, of the content on the Website or any other materials provided by Gofindyourself Yoga to the User is strictly prohibited except as otherwise permitted by law. You agree to not engage in the use, copying, or distribution of such contents other than expressly permitted herein.

Disclaimer

Gofindyourself Yoga may terminate the account of such Users if they are found to be in violation of these terms and the policies of Gofindyourself Yoga. Gofindyourself Yoga, at its sole discretion, reserves the right to decide whether any User is in violation of this Agreement.

Governance

Your use of the Service is subject to all applicable local, state and national laws and regulations and, in some cases, international treaties that are relevant to your current location. You are responsible for all activities, acts and omissions that occur in, from, through or under your use. You shall not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any way that is, tries to, or is likely to violate any laws, regulations, judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Website, other Users' accounts, names, passwords, personally identifiable information or other computers, websites or pages connected or linked to the Website or to use the Website in any manner which violates or is contradictory with the terms and conditions of this Agreement. Additionally, you shall not use any of the Services in any way that is likely to violate applicable laws or violates or infringes upon any intellectual property rights of third parties or act in any manner that is contrary to the terms and conditions of this Agreement.

Promotions

I may provide Users the opportunity to register for unique promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile/cellular phones. Users are obliged to provide their consent to receive such information by complying with the specific terms related to any of these said offerings. Information that may be requested for promotions includes, without limitation, a User's preferences regarding goods or services, or other similar survey information. Depending on the promotion, I may also collect e-mail addresses and other information and, depending on the information collected, the User may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy.

The User hereby unconditionally consents that such communications via SMS/voice call/ e-mail by Gofindyourself Yoga is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Gofindyourself Yoga against all types of losses and damages incurred by Gofindyourself Yoga due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Gofindyourself Yoga with respect to the intimations mentioned above or due to a wrong number or e-mail id being provided by the User for any reason whatsoever. Under no circumstances whatsoever will Gofindyourself Yoga be responsible for any wireless e-mail or text messaging charges incurred by a User or by a person that has access to a User's wireless device, telephone number, or e-mail address.

You understand, acknowledge and agree that I may, at my sole discretion and without liability to any User, terminate my offer of any specific wireless marketing service or all wireless marketing services at any time without any advance notice.

Warranty

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Gofindyourself Yoga, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. Gofindyourself Yoga makes no warranties or representations about the accuracy or completeness of the contents of the website, and contents of any materials provided to you by Gofindyourself Yoga and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the use of the website or through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Service. Gofindyourself Yoga does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service.

Limitation of Liability

To the maximum extent permitted by the applicable laws, and under no circumstance shall Gofindyourself Yoga, its partners, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Service, or following a failure, suspension or withdrawal of all or part of the Service at any time, any third party content, software or functions used in connection with the website even if Gofindyourself Yoga or any or all of its agents have been advised of the possibility of such damages. In any event, Gofindyourself Yoga shall not be liable to pay a User, for any damage whatsoever, an amount greater than ten percent of the consideration paid by you for the relevant Services rendered.

Indemnification

You agree to indemnify, defend and hold harmless Gofindyourself Yoga, its subsidiaries, affiliates and agents and each of their respective officers, partners, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to the Website or use of the Service and related services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; or (v) your negligence or willful misconduct. These obligations will survive the termination of this Agreement.

Data Security

Each party confirms and agrees that it shall at all times during the subsistence of this Agreement comply with the provisions of the IT Act and the applicable rules thereunder including without limitation the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Severability

It is desired and intended that the terms, provisions and covenants contained in this Agreement shall be enforceable to the fullest extent permitted by law. If any such term, provision or covenant thereof to any person or on any circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the Applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the Service thereof to any person or circumstances, other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.

Assignment

This Agreement may be assigned by Gofindyourself Yoga to its successors and assigns including if there is any re-organization of Gofindyourself Yoga.

Applicable Law and Jurisdiction

Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India. The courts of Bengaluru, Karnataka shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

In accordance with the IT Act and rules made thereunder, the contact details of the grievance officer is provided below. If you have any questions or concerns about this Terms of Use Agreement or Privacy Policy or its implementation, you may contact the grievance officer

Name: Jyotsna T Sistla

Phone Number: +91 9916589274

E-mail: gofindyourself.yoga@gmail.com

Responsibility of the User

The User expressly agrees that use of the Services is at their sole risk. Gofindyourself Yoga may change the features or functionality of the Services at any time, in their sole discretion, without notice. Gofindyourself Yoga expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Gofindyourself Yoga or through the Services shall create any warranty not expressly made herein or in the terms and conditions of the Services.

If the User does not agree with any of the terms above, they are advised not to read the material on any of the pages on this Website or otherwise use any of the contents, pages, information or any other material provided by Gofindyourself Yoga. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the terms of use, is to discontinue using the Services of Gofindyourself Yoga.