YOGA PRADIPIKA TERMS & CONDITIONS OF USE AGREEMENT
Last modified: 29.11.2020
Welcome to the Yoga Pradipika, Fit Well Yoga Life online portal, fitwellyogalife.com
fitwellyogalife.com is a website (hereinafter referred to as the “Website”) wholly owned by Thirunavukkarasu Sivasubramaniam. This website is designed to provide you with products and information on or relating to fitness, wellness, yoga, meditation, and lifestyle. However, the website is not designed for persons under 18 years of age.
The Website is an integral part of Yoga Pradipika owned by Thirunavukkarasu Sivasubramaniam. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services, and websites offered by the website, software, applications, and mobile versions of the same created by the website, whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service”). The availability of any Yoga Pradipika applications on a mobile device, social networking site, internet TV, or other platform does not indicate any relationship or affiliation between Yoga Pradipika and that platform.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website), a “Shopper” (which means that you have purchased goods or services from the Website), or you are a “Member” (which means that you have registered on the Website as a user, or contributor, ). If you do not accept the terms of this Agreement, you should leave the Website and discontinue the use of the Service immediately.
2. Health Disclaimer
- Content on this site is provided for the purpose of information only. Information provided on the website is not intended to constitute medical advice or to replace any medical advice. Also provided information is not complete in every respect although utmost every care has been taken to provide you with the correct information. All readers are urged to seek the guidance of a competent health care provider before they take a particular therapy, service, product, or treatment described on this website.
- Prior to beginning any program on the Website, you are advised to seek the advice of a physician regarding any routine, program, or about using any suggested equipment shown in any of the video clips on the Website or any program or other media available for purchase on the Website.
- Yoga Pradipika is not a medical Organisation. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis. Yoga Pradipika and its authors cannot give you medical advice or diagnosis. You agree that all exercises are performed freely by you at your own risk. You further agree that you are not required to perform any exercise offered by the Website.
- You represent that you understand physical exercise involves strenuous physical movement. Accordingly, you understand that such activity carries the risk of injury whether physical, mental, or emotional. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. You agree not to exceed your limits while performing any activity suggested or offered on the Website, and you further agree to select the appropriate level of exercises according to your abilities, as well as to any mental or physical conditions and/or limitations you have, at your own risks.
You knowingly, intelligently, and expressly waive and release any claim that you may have at any time for injury of any kind against Yoga Pradipika, or any person or entity involved with Yoga Pradipika, including but not limited to its owners, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
4. General Registration Requirements
To become a Member, you must read this Agreement and indicate your acceptance during the registration process. You must represent that you are of legal age to form a binding contract (by providing information about yourself to Yoga Pradipika you are representing that you are eighteen (18) years of age or old, since Yoga Pradipika’s content is not directed to persons under eighteen (18) years of age), and are not a person barred from receiving services under the laws of any applicable jurisdiction. You also agree to (a) provide truthful, accurate, current, and complete information about yourself as prompted by the registration form available on the Website (“Personal Data”) and (b) maintain and promptly update your Personal Data to keep it true, current, and complete. If you provide any information that is false or inaccurate, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yoga Pradipika reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
5. Content Provided “AS IS”
All Content (defined in section 9) offered on the Website is provided “AS IS” for your information and your own personal use only. It may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Yoga Pradipika. Yoga Pradipika reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available:
a) as intended through the normal functionality of the Service of Yoga Pradipika;
b) for your information and personal use; and
c) for Streaming (viewing content in real time). Please note that accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
6. Security and Password
You must choose a password and username upon registration. (as well as additional information pertaining to your account, like as your e-mail address). You are responsible for maintaining the confidentiality of your password and account information. You agree to (a) ensure that you log out from your account at the end of each session; and (b) immediately notify Yoga Pradipika of any unauthorized use of your password or account or any other breach of security. You may never use another Member’s account without prior authorization from Yoga Pradipika. Yoga Pradipika will not be liable for any loss or damage arising from your failure to comply with this Agreement.
7. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Yoga Pradipika. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
8. Yoga Pradipika and Other Licensors
Our Website contains Content of Yoga Pradipika, and Content of third party licensors to Yoga Pradipika (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret, and other laws. Yoga Pradipika owns and retains all rights, title, and interest in the Yoga Pradipika Content. Yoga Pradipika hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the content of Yoga Pradipika and any third-party content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through the Website or Service.
Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Yoga Pradipika is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Yoga Pradipika or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. The website encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Yoga Pradipika works to ensure the information on the Website is current and accurate, Yoga Pradipika does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose.
9. No Overriding or Disabling Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Yoga Pradipika and/or content providers who provide content to Yoga Pradipika. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
10. Yoga Pradipika is not responsible for other sites
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at our site.
11.1 The Information We Collect:
You provide specific personal information during the purchase of goods and/or services from our site. The information includes your name, address, e-mail address, telephone number, payment information, and your interest in specific types of products and/or services. We may also collect certain non-personal information including the type of browser you are using (e.g. Netscape, Internet Explorer), the type of operating system you are using (e.g. Windows 95, Mac OS), and the domain name of your Internet service provider (e.g. America Online, Earthlink).
11.2 How We Use the Information:
We use the information you provide about yourself to fulfill your order for our goods and/or services, to respond to your inquiries about your order, and to notify you about the status of your order. The non-personal information gathered may be used to improve the design and content of our site and in the aggregate to analyze site usage. We may disclose personal information in response to legal process (e.g. in response to a court order or subpoena). We also may disclose such information in response to a law enforcement agency’s requests. And finally, we may disclose personal information in response to a charge-back inquiry from our merchant bank about your payment for goods and/or services. We will not sell or transfer personally identifiable information provided to us to parties outside of our company except as described above.
To enhance your experience with our site, many of our web pages use “cookies” and shopper ID’s. Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us. However, once you choose to furnish our site with personally identifiable information, this information may be linked to the data stored in the cookie.
11.4 Collection of Information by Third Party Sites:
Our site may contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
11.5 Regarding Children:
While we encourage children to consult with their parents before furnishing personal data, parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers. These tools can prevent children from disclosing their name, address, and other personal information without parental permission.
12. Copyright Infringement
It is Yoga Pradipika’s policy to respect the copyright and intellectual property rights of others. The Yoga Pradipika may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, the website may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that the website or any user of our Sites has infringed your copyright in any material way, please notify Yoga Pradipika, and provide the following:
an identification of the intellectual property right claimed to have been infringed;
an identification of the material that you claim is infringing so that we may locate it on the Sites;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing or the law; and
a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to info-at-fitwellyogalife,com
13. No Sharing
Members of Yoga Pradipika may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Yoga Pradipika as fraudulent use of the Website, which will result in the immediate cancellation of membership. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
14. Fraudulent Use
Yoga Pradipika reserves the right to cancel any membership it believes has been compromised or is being used fraudulently, at its own discretion.
15. International Users
The Sites are controlled, operated, and administered by Yoga Pradipika from its offices within India. If you access the Sites from a location outside of India, you are responsible for compliance with all local laws.
Those who access or use the Website from other jurisdictions do so of their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the limitations of liability, discussed below may not apply to you; all other provisions of this Agreement remain in full force and effect.
16. Disclaimer of Warranties
This is our disclaimer of warranties. This disclaimer extends to all services, products, videos, advertisements, comments, posts, and content now on fitwellyogalife.com, or hereinafter presented.
You expressly agree that the use of the sites and other products and services of Yoga Pradipika is at your sole risk. You understand and agree that the sites and the information, services, products, and materials available through it and otherwise are provided on an “as-is” and “as available” basis.
You acknowledge that the Yoga Pradipika does not control in any respect any advertisements, product descriptions, products, or content offered by third parties on or through the sites, including, but not limited to, information or products provided by license to Yoga Pradipika from third parties. Except as otherwise agreed in writing, Yoga Pradipika and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability, or usefulness of content or products (including product descriptions) distributed or made available by third parties through or outside of the sites. Nor does the Yoga Pradipika make any warranty as to the results that may be obtained from the use of the sites, any products or services offered or sold through the sites, or it’s content.
Although the website strives to prevent the introduction of viruses or other destructive materials to the sites, the website does not warrant, guarantee, or make any representations that the sites are free of destructive materials. In addition, the website does not warrant that access to the sites will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected.
The website disclaims any warranty or representation that confidentiality of information transmitted through the sites will be maintained. To the extent allowed by law, the website disclaims all warranties and conditions not explicitly stated herein. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
The terms of this section survive any termination of the Terms and Conditions.
17. Limitation on Liability
This is our limitation on liability. This limitation on liability extends to all services, products, videos, advertisements, comments, posts, and content now on the website, or hereinafter presented.
We exclude all representations, warranties, conditions, and terms (whether express or implied by statute, common law, or otherwise) to the fullest extent permitted by law.
In no event, including, without limitation, negligence, shall the website or its affiliates be liable for any damages, claims, or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused, and under any theory of liability arising in connection with: (i) the sites; (ii) the use or inability to use the sites; (iii) the use of or reliance on any content or information displayed in or on the sites; (iv) the purchase or use of any products through the sites or otherwise; (v) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received; (vi) errors, system down time, network or system outages, or file corruption or service interruptions; or (vii) otherwise under this agreement/terms and conditions, whether or not reasonably foreseeable, even if the website or its representatives are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy.
Notwithstanding anything to the contrary contained herein, the website’s liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you in the last 90 days to the website for any products supplied by the website through your use of the sites or otherwise.
The website will not be liable in any amount for failure to perform any obligation under these terms and conditions if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.
These exclusions shall be governed by and construed in accordance with the law of India. If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
18. Indemnification Policy
You agree to defend, indemnify and hold harmless the website, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from (a) your use of and access to the Website; (b) your violation of any term of this Agreement; (c) your violation of any third party right. This defense and indemnification obligation will survive this Agreement and your use of the Website.
19. You Agree That Future Terms Are Binding
We may also require you to follow additional rules, guidelines, or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions or otherwise engage in activities governed by such additional terms.
20. Governing Law and Venue
This Agreement shall be governed by the Indian Law, without respect to its conflict of laws principles. Any claim or dispute between you and the website that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in India.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that: (a) the Website shall be deemed solely based in India; and (b) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Yoga Pradipika, either specific or general, in jurisdictions other than India.
21. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Service or the Website.
22. Other Important Terms.
This Agreement, along with any other legal notices published by Yoga Pradipika on the Website, shall constitute the entire agreement between you and Yoga Pradipika concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and Yoga Pradipika with respect to the Website and Service. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Yoga Pradipika without restriction. The failure of Yoga Pradipika to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.