Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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.
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 rules and regulations, privacy policy and Terms of Use for access or usage of www.yoga.in. (Hereinafter website).
Homevilla Yoga Private Limited, provides Internet based content and e-commerce portal, the company has domain name www.yoga.in. Our website provides its service to the user; subject to the following Terms of Use. You, “The User”, also comprehends and concur that ‘The Service’ may include online resources, training, retreats, Merchandise, Hire Studio and infrastructure, Wellness Consultation and these services will be provided on this website by Institutional Partners, Studio Partners, Trainers, Retreat Organizers, Wellness Experts, Enthusiast and Volunteers, Panelists and influencers, Merchant Vendors etc., “The Service” is provided “as is” without warranty of any kind. We hereby disclaim all warranties and conditions with regard to “The Service”. This website offers services to different types of customers which includes Individual, Institutional Users, Studio / Distributor introduced customers, Customers through Aggregators and many others. This website is a platform to cater to the yoga lifestyle.
Acknowledgment and Acceptance of Terms of Use
Our website shall obtain your consent before collecting personal information for providing product and services. By using the website you agree to be bound by these Terms and conditions. Personal information for purposes of this Agreement means information that identifies you, such as your Name, Age, Sex, Address, Date of Birth, Area Pin code, Business/Occupation, Credit Card or Debit Card or other payment instrument details, Phone number, email address etc., All or any personal information so provided will be as and on basis and our website shall not responsible for the authenticity of the personal information supplied by you. This Terms and conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of this website. If you do not agree with such modification, you have the right to terminate your account from our website. You agree to be bound to any changes to this Agreement when you use our product and Services. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. “The Service” is provided to you, “The User”, under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by us as part of the Terms of Use. By using our website Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our website) or you are a “Member” (which means that you have registered with our website). The term “User” refers to a Visitor or a Member. You are only authorized to use our website Services if you agree to abide by all applicable laws and to this Agreement.
Modification of these Terms of Use
We reserve the right to change any of the terms, conditions, and notices under which “The Service” is offered. You are responsible for regularly reviewing these terms of use including changes/modifications if any incorporated by us from time to time. Your continued use of ‘The Service’ constitutes your Agreement to all such terms, conditions and notices.
Modification to 'The Products & The Service'
We reserve the right to Terminate/modify or discontinue, temporarily or permanently, ‘The Product & The Service’ (or any part of ‘The Service’) with or without notice to the user at any time and from time to time. ‘The User’ agrees that our website shall not be liable to the User or any third-party for any modification or discontinuance of the Service.
Use of Site
Subject to the terms and conditions of this Agreement, our website hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use this website. Once you register yourself with our website you will get information updates via email or through any communication mode on a day-to-day basis. Users need to register himself and need to create the login id and password. Our website reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation. You shall not upload via your testimonial, distribute, or otherwise publish through this website any of the Content, information, or other material that –
(a) Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
(b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian law; or
(c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or
(d) criminal or tortious activity, including pornography, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or
(e) using any information obtained from the website in order to harass, abuse, or harm another person;
Payment
Our website cannot guarantee a place on a Yoga Training Course until full deposit has been received. Upon receipt of the deposit the trainee will be fully enrolled in their selected course.
We have full discretion to offer discounts and concessions at any time. This does not automatically entitle other trainees to the same discounts and concessions.
If a training, workshop or retreat must be abandoned or interrupted due to exceptional circumstances there will not be a refund if more than half of the training has been completed.
Our fees will be different and based on geography and it will be collected in different currencies. The detail information of the fees and currency will be provided to user when they subscribe for specific services.
IT ACT, 2000 Complicance
Under Rule 3 of Rules made under IT Act, 2000 vide powers conferred by clause (zg) of subsection (2) of section 87 read with sub-section (2) of section 79
:Users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
User Registration Obligation
As a condition of your use of “The Service” you, ‘The User’ agree to provide:
(a) true, accurate, current and complete information about yourself as required while registering yourself.
(b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to terminate the user account and refuse any and all current or future use of ‘The Service’.
(c) you will create, maintain and use only one Member account and password on the website for your use. You will not create multiple Member accounts and passwords for your use on the website.
(d) You agree not to use “The Service” to:
(a) Obstruct or hinder the use of “The Service” by other Users;
(b) Intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations;
(c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Interfere with or disrupt the Service or servers or networks connected to the Service, or challenge any requirements, regulations or guidelines of networks connected to “The Service”;
(e) Transmit or otherwise make available any material in connection with surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise);
(f) Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable;
(g) Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same;
(h) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another;
(i) “Stalk” or otherwise harass other users; collect or store personal data about other users.
(j) Advertise, Promote or offer to sell or buy any goods or services for any business purpose unless The Service specifically allows such messages or transactions.
(k) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service.
(l) harm minors in any way;
(m) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
Technical Processing
In view of the global nature of the world wide web, the User understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond / conform to the technical requirements of connecting networks, to correspond / conform to the limitations of The Service, or to correspond / conform to other, similar technical requirements.
User Account Password and Security
As part of The Service’s registration process, you will provide us with current, complete and accurate information as requested at the time of registration process. You will then choose a username and password. We will provide you with a username and password. You take total responsibility for maintaining the confidentiality of your password and account. You may change your username and password by following the instructions on the system. You agree not to use the account or password of another Member at any time or to disclose your password to any third party. However, you could be held liable for losses or damages incurred by us or a third party as a result of your failure to comply with this clause. You also agree not to use anyone else’s account, at any time, without the prior permission of the account holder.
Privacy Policy
Use of the www.yoga.in Services is also governed by Our Privacy Policy, which is incorporated into this Agreement by this reference. For more information, see our Privacy Policy on the website.
Informed Consent for Interns and Students
Participation in Yoga courses and classes includes, but is not limited to, participation in meditation techniques, yogic breathing techniques, and performing various Yoga postures. Yoga postures, or asanas, are designed to exercise every part of the body – stretching and toning the muscles and joints, the spine and the entire skeletal system. They also work on the internal organs, glands and nerves. Yoga incorporates sustained stretching to strengthen muscles and increase flexibility.
Yoga courses, Yoga classes and physical exercises are individual experiences. I understand that in Yoga, and in any other exercise class, I will progress at my own pace. If at any point, I feel overexertion or fatigue, I will respect my own body’s limitations and I will rest before continuing Yoga or any other exercise.
I acknowledge that participation in Yoga courses, classes or any other exercise class exposes me to a possible risk of personal injury. I am fully aware of this risk and hereby release Homevilla Yoga Private Limited, its directors, teachers, trainers, councilors and / or any other persons who may teach through this portal, from any and all liability, negligence, or other claims, arising from, or in any way connected, with my participation in Yoga courses, Yoga classes, and any other exercise class.
I further acknowledge that I shall not now, or at any time in the future, bring any legal action against Homevilla Yoga Private Limited, its directors, teachers, trainers, and /or any other persons who may teach through this portal; and that this waiver is binding on me, my heirs, my spouse, my children, my legal representatives, my successors and my assigns.
I verify that I am physically fit to participate in Yoga courses, Yoga classes, or any other exercise classes, and a licensed medical doctor has verified my physical condition for participation in this type of class.
If I am pregnant, or become pregnant, or am post-natal, I verify that I am participating in Yoga, or any other exercise classes, with my doctor’s full approval. I realize that I am participating in Yoga, Yoga courses, or any other exercise classes, at my own risk. I acknowledge that my acceptance is binding to this liability waiver from this day forth.
Limitation of Liability
The features and services on the website are provided on an “as is” and “as available” basis, and we hereby expressly disclaim any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose.
Our website is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any content you upload on our website. Website will not be responsible for any incorrect or inaccurate content uploaded on the website or in connection with the website services.
All conditions, terms, representations and warranties relating to the website services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Indian laws. Our website only provides a platform/medium for communication, networking between the users and service providers.
Content Provided to the Service
Website does not claim ownership of the “content” (in the form of information, data, text, software, property details, amenities, photographs, graphics, video, files, images, messages or other materials) or service for review by the general public. The ownership of this content is the sole responsibility of the person from which such content originated. This means that the owner of the content is the concern department to whom that content belongs and not the website. Our website is just an intermediary who provides collective services to the User.
Live Training Videos
Our website provides live classes/sessions for some of training courses through our portal. These live classes/sessions are typically conducted through meeting software by popular providers. The provider of the meeting software may be changed, at any time, to ensure the best possible experience for our students. If a change in software occurs, students will always be alerted via any mode of communication which includes email, SMS, WhatsApp, or Text, that a change has occurred.
In these classes/sessions, students are welcomed and encouraged to participate. The software does display the name you provide to the audience. If you choose to enable your camera or mic, you will be seen, heard, or both, during the live class/session.
The above also pertains to the recordings that are posted for students, who miss a live session. Recordings, which are posted regularly to the website, for access by enrolled students, will provide (visually and audibly) everything during the live session. This includes the lesson with the instructor, as well as any student participation.
Content Made Available Through the Service
All content and material that is made available to view and/or download in connection with the Service, excluding content that may be made available by the users or visitors through the Service, is owned by and is the copyrighted work of project owner / developer and is protected under the copyright Act, 1957. We do not endorse and have no control over the Content. Content is not necessarily reviewed by us.
Copyright Policy
You may not allocate, distribute, or reproduce in any way any copyrighted material, Designs, trademarks or other Intellectual proprietary Information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of our website to terminate Membership privileges of any Member who once infringes the copyright rights of others upon receipt of prompt notification to us by the copyright owner or the copyright owner’s legal agent/Advisor.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use our website strictly in accordance with these terms and conditions. As a condition of your use of the website, you warrant to Homevilla Yoga Private Limited that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of Homevilla Yoga Private Limited or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. Homevilla Yoga Private Limited content is not for resale. Your use of the website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Homevilla Yoga Private Limited and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Homevilla Yoga Private Limited or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Homevilla Yoga Private Limited from our office within India. If you access the Service from a location outside India, you are responsible for compliance with all local laws. You agree that you will not use the Homevilla Yoga Private Limited Content accessed through www.yoga.in in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnity
You “The User” comprehend and agree to indemnify and hold us and its parents, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the website Agreement or any other provision of the Agreement, or the infringement or misappropriation by the User, or a third party using User’s computer, account or password to access and/or use the services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User’s passwords or accounts, or your violation of any rights of another.
Termination
This Agreement shall remain in full force and effect while you use our website Services or are a registered user. Even after Membership is terminated, this Agreement will remain in effect. However, we reserve the right to terminate access to certain areas or features of the website (to paying or registered users) at any time for any reason, with or without notice. Our website withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false information in connection with the member account to us or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of the website.
(c) Utilize website to send spam messages or repeatedly publish the same information.
(d) Post any material to members that are not related to international trade or business cooperation.
(e) Impersonate or unlawfully use another company’s name to post information or conduct business of any form
(f) Any unauthorized access, use, modification, or control of the website database, network or related services.
(g) Obtain by any means a website member’s username and/or password.
If our website terminates user(s) membership, user(s) will not have the right to re-enroll or join us under a new account or name unless formally invited to do so by us.
Association / Links to Third Party
We may contain links to third party Websites “Linked Sites” (“Affiliates” / “Partner Sites”). These Linked Sites are not under the control of our website and our website is not responsible for the products of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Third Party Content
We may occasionally send you emails or provide you with coupons, offers, and other specials from third-party sources (collectively referred to as “Promotions”). However, please understand that Yoga.in is not responsible for the redemption, errors, omissions, or expiration of these Promotions. It’s important to note that all Promotions featured as part of the Service are subject to change without prior notice, and we have no control over their legality or the ability of any merchant to fulfill the Promotion (including the sale in accordance with the offer).
As a service to our users who may be interested in such information, the Service may include links to web pages and content from third parties (referred to as “Third-Party Content”). However, we want to clarify that we do not monitor, endorse, or adopt, nor do we exercise any control over any Third-Party Content. While we undertake no responsibility to update or review any Third-Party Content, we cannot guarantee its accuracy or completeness.
Please be aware that once you follow a link or navigate away from the Service, these Terms and Conditions will no longer govern your actions. It is advisable to review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. Accessing and using Third-Party Content is at your own risk.
Furthermore, the Service may include advertisements and promotions from third-party sources. Please be advised that any business dealings or correspondence with, or participation in promotions of, advertisers other than us, as well as any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the respective third party.
Notice
All notices or demands to or upon web site shall be effective if in writing and shall be duly made when sent to Homevilla Yoga Private Limited at email id: [email protected]
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to us, or by posting such notice or demand on an area of the website that is publicly accessible without a charge.
Grievance Officer
Mr/ Ms: Lakshmi Narayanan
Contact Number: +91 – 9136973923
Email ID: [email protected]
Timings: 9:00 am – 5:00 pm
Governing Law and Dispute Resolutions
This Agreement shall be governed by and construed in accordance with Indian Law and you hereby submit to the exclusive jurisdiction of the Mumbai Courts.
Non-Waiver
Any forbearance or failure by us to enforce a provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
Assignment
No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, our website shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
No Agency
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, nor will neither party be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
Severability
If any provision(s) of the Agreement is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Changes to Terms
Homevilla Yoga Private Limited reserves the right, in its sole discretion, to change the Terms under which www.yoga.in is offered. The most current version of the Terms will supersede all previous versions. Homevilla Yoga Private Limited encourages you to periodically review the Terms to stay informed of our updates.
Our Website Changes Regularly
We aim to update our website regularly and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
Statute of Limitations
User and our website agree that any cause of action arising out of or related to these Services must commence within one (1) month after the cause of action arose; otherwise, such cause of action is permanently barred.
If you do not agree with any of our Terms of Uses mentioned above please do not read the material on any of our pages or do not accept our services.
Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Date Last Modified
These Terms of Use were last modified in January 2024.