Last updated October 12, 2023

TERMS OF USE

These terms of use (“Terms of Use”) mandate the terms on which the users access and register on the ‘Utsav.yoga’ website, m-web and mobile application (collectively referred to as the “Platform”), operated by Utsav Seva Foundation (hereinafter referred to as “We” or “Our” or “Us” or “Foundation”), and the Platform Services (as defined below), provided through the Platform.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms of Use and Privacy Policy (together hereinafter referred to as “Agreement”) carefully before using or registering on the Platform or accessing any material, information or Platform Services through the Platform. Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or booking, purchase or availment of the Platform Services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.

Applicability

These Terms of Use applies to all the users of the Platform including:

1. Any supplier of goods / services (whether an individual, professional or an entity, or similar institution) on the Platform, directly or indirectly, including designated / authorized associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”);

2. An individual who accesses and registers on the Platform and/or places a service request on the Platform (“End-User”, “You”, “Your” or “Users”); or

3. Otherwise a user or visitor of the Platform (“You” “Your” or “Users”).

Platform Services

1. You acknowledge that the Platform is a web service that allows You to avail services / buy products directly from the Foundation as well as from various Partners. Some of the services and products available on the Platform and provided by Foundation / Partners are listed below:

   • a) Utsav Yoga physical and mental fitness centre memberships / classes and allied services (“Yoga and Wellness Services”) provided by Foundation and its franchisees.

   • b) Appointments with wellness professional, whether an individual professional or through an organization or similar institutions for physical / in-person and tele-consultations, personal training and diagnostic services

   • c) Purchase food items and original Yoga merchandise such as clothing, footwear and yoga accessories from various fashion and lifestyle brands (“Diverse Products”)

   • d) Single session / subscription based digital services / products on the Platform, like recorded audio and / or video content, real time on-line training services, as provided by or featuring Partners and / or their associates (“Digital Services”)

   • e) Single session / subscription based digital services / products on the Platform, like recorded audio and / or video content, real time on-line training services, as provided by or featuring Partners and / or their associates (“Digital Services”), which shall include:

2. The Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, exchange policy, return policy, etc.) which are briefly mentioned below.

Yoga and Wellness Services

1. Yoga and Wellness Services shall include offline mental and physical fitness, sports related training activities including swimming, mindful yoga, psychotherapy and meditation related training activities, under the brand names ‘Utsav.yoga’ and ‘Utsavyoga.com’

2. You are eligible to use the Yoga and Wellness Services and Utsav Services only when You fulfil the following conditions: (a) You have attained at least 18 (eighteen) years of age or you are below 18 years of age but with the consent of guardian; and (b) You are competent to enter into a contract under the applicable laws. If You reside in a jurisdiction that restricts the use of the Fitness Service and Utsav Services because of age, or restricts the ability to enter into contracts such as these Terms of Use due to age, you must abide by such age limits. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless relevant Partners, their associates / service providers, and Platform and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by relevant Partners, their associates / service providers, and Platform and its business partner(s) 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 such individuals pursuant to these terms;

3. Under Yoga and Wellness Services limited / select membership(s), You can only book, access and attend classes / sessions at Your primary / home centre, chosen by You at the time of buying Your membership(s) / session(s), and access to other centres / outdoor centres / activities / formats shall not be permitted. The number of classes / sessions permitted to be booked shall be as per the respective membership’s terms and conditions. Access to the classes / sessions shall be subject to the slot availability and shall be accessible on first come first serve basis. Utsav shall not entertain any requests for changing of Your primary / home centre to another centre.

4. Utsav Social: Utsav may provide access to Utsav Social, a social portal and pages on popular third party social media apps through which You may access and share a variety of resources, information and data including planning training activities with other Users, updating Your fitness profile, viewing public profile of other Users, adding and accessing videos, photos and status updates, access to communication forums and certain product information. In order to access Utsav Social, You shall create a Utsav Social profile on Your Account by providing certain details including Your name, image, interested training activities, and such other details as may be required (“Utsav Social Profile”). In case You choose to make Your Utsav Social Profile public, You agree that all the information on Your Utsav Social Profile including username, Images (defined below), photos and other activity details shall be visible to all the Users on Utsav Social and the Users will be able to access, like or comment on the activities on Your Utsav Social Profile. Further, Utsav Social will allow You to view other Users profiles who have attended the same class/session and vice versa. You can always opt-out and make Your profile private. Your access to Utsav Social shall be subject to the following:

   • a) Access to the Photos/Videos

     Utsav Yoga physical and mental fitness centre memberships / classes and allied services (“Yoga and Wellness Services”) provided by Foundation and its franchisees.

   • b) Ownership Rights

     You agree and confirm that You shall provide/upload only those information, photos, videos and content on Your Utsav Social Profile that You have the right to share and upload and that your information on Utsav Social Profile will be truthful. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). All rights, title and interest including all intellectual property rights in Utsav Social including Images, content, any derivatives, modifications, enhancements and new inventions undertaken in the Utsav Social shall belong to and vest entirely in Utsav. Utsav, in its sole discretion, may from time to time make additions to, deletions from, or modifications to ever-evolving Utsav Social, specifications and/or communications facilities, including to comply with changes, or contemplated changes, in law. For the information or content that You submit or post on Your Utsav Social Profile, You are hereby granting Utsav and its affiliates a worldwide, transferable, non-exclusive and sublicensable right to use, copy, modify, distribute, publish and process, create derivative work, and such other right including displaying the said content on public platform including social media platform without any consent, notice and/or compensation to you or any third party. Utsav reserves all the right, title and interest on Utsav Social not expressly granted to the fullest extent possible under applicable laws. Unless stated otherwise, all contents uploaded by Utsav are believed to be in the public domain as either promotional materials or publicity photos as Utsav may determine.

User Account, Password, and Security

1. In order to avail the Platform Services (as defined hereinafter) on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, email id, phone numbers and such other details as may be required on the Platform and create an account (“Account”).

2. You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Foundation has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Foundation may have against You at law or in equity, for any misrepresentation of information provided by You.

3. You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Foundation of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Foundation cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Foundation or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

4. Use of another User’s Account information for availing the Platform Services is expressly prohibited.

5. Photos/ videos clips from the sessions may be used for digital promotion. We respect each person's privacy and hence if anyone has any objection, please inform at the time of registration itself.

Fees, Charges and Subscriptions

1. Any Digital Services membership may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription within a free trial, we may begin billing You for periodical membership fees at the time of subscription purchase or at the end of the free trial period unless you cancel your membership prior to the end of the free trial period, at our sole discretion.

2. You agree to pay for all fees and charges incurred while using the Digital Services and the Platform Services. Additional taxes or third party charges may apply.

3. You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annual, recurring, non-recurring subscription options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

4. Non-recurring subscription(s) are non-cancellable. However, You may cancel your recurring subscription(s) at any time by going to your Account Settings and cancelling your subscription before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Detail you have provided. Refunds cannot be claimed for any partial-term subscription period.

5. Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users, including those having only booked / utilized trial services, or trial users of the Platform do not qualify as new users. No promotion code or discount will apply to any services / products unless otherwise stated on the Platform. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription or membership purchased.

Payment Services

1. All payments in respect of the Platform Services shall be made to the Foundation through the Platform. To the extent permitted by applicable law and subject to the Foundation’s Privacy Policy, you acknowledge and agree that the Foundation 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 Foundation shall use the Payment Details as described in the Foundation’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 Foundation, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Foundation collects the payment on behalf of the respective Vendor, and eventually settles the same.

4. Except to the extent otherwise required by applicable law, the Foundation is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Foundation 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 Foundation with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Foundation’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

5. Transaction Summary: The payment receipt for completion of a transaction and the transaction summary shall be provided by the respective mobile app marketplace, or by the Foundation, as the case may be, and the payment receipt and transaction summary shall be sent to User’s registered email address.

6. Failed Transactions: Except to the extent otherwise required by applicable law, the Foundation is not liable for any payments authorized through the Platform using User’s Payment Details. Particularly, the Foundation is not liable for any payments that do not complete because: (1) User’s 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) User has not provided the Foundation with correct Payment Details; (3) User’s payment card has expired; or (4) circumstances beyond the Foundation's control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) which prevent the execution of the transaction.

7. With regards to payments, the Foundation shall not be responsible or liable for any unauthorised transactions conducted on Foundation’s platform using User’s payment card or internet banking.

Refund Policy

1. Yoga and Wellness Services membership – Any Utsav yoga memberships / sessions / classes / activities, courses, retreat bookings bought by You are non-refundable, non-exchangeable, and non-saleable.

2. Utsav Events/Retreat - In the event of permitted / Utsav.yoga cancellations, refunds shall be made within 7-8 days’ from the date of such cancellation to the original source of your payment.

3. Digital Services - You may request cancellation of your subscription to the Digital Services, however the same must be done before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Details you have provided. Refunds cannot be claimed for any partial-term subscription period.

4. The Foundation and / or relevant service provider(s) / vendor shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.

5. With regards to payments, the Platform shall not be responsible for any unauthorized transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.

Extension of validity and Pause plan Policy

1. Yoga and Wellness Services/ Utsav Services - The sessions must be completed within the validity period of the package. Sessions not completed within the validity period shall stand lapsed.

2. In no circumstance, any extension of package will be granted to the user unless the sessions are cancelled and/or not conducted in the absence of service providers. In case of longer plans, an option to “pause” plan is granted to the user. The specifications of “pause” option is explained at the time of grant of subscription. The user may pause the subscription, subject to maximum validity and number of pauses available. No further extensions will be granted further to specified “pause” period or frequency in any circumstance.

Coach Transfer/ Coach Change Policy

A coach transfer can happen under various circumstances such as unavailability of preferred time slots, request for a change of coach by the User, discontinuation of classes from a coach, coach resigning from the Foundation, etc.

Medical Disclaimer:

1. Before starting any yoga or other exercise program through the Service, the User may consult his/her physician to determine if such program is right for the User’s needs. Foundation is not a medical organization and its teachers or staff cannot give the user any medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by the user and are carried out at the user’s election while using the Service. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis. By using the Services, the User represents that s/he understands that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. The User understands that it is his/her responsibility to judge his/ her physical and mental capabilities for such activities. It is the User’s responsibility to ensure that by participating in classes and activities from the Foundation, s/he will not exceed his/ her limits while performing such activity, and s/he will select the appropriate level of classes for his/ her skills and abilities, as well as for any mental or physical conditions and/or limitations the user has. The User understands that, from time to time the trainers may suggest physical adjustments or the use of equipment and it is the User’s sole responsibility to determine if any such suggested adjustment or equipment is appropriate for his/ her level of ability and physical and mental condition. The User expressly waives and releases any claim that the User may have at any time for injury of any kind against Foundation, or any person or entity involved with the Foundation, including without limitation its directors, trainers, independent contractors, employees, agents, contractors, affiliates and representatives.

2. Each User is solely responsible for deciding whether the Services offered are suitable for his/ her own purposes and whether the Services match the User’s needs.

3. Other Disclaimers by Foundation:The Foundation makes no claims, representations or guarantees that the Services offered would provide a therapeutic benefit to all its Users. Foundation hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Services provided by the Foundation. The Foundation is not a health care provider or a medical device provider and that Foundation’s Services are neither medical/health care advice, nor a replacement for, or are a form of, therapy, and that the Services are not intended to cure, treat, or diagnose any medical conditions which a User may have.

Inherent risks:

1. The Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. User hereby asserts that User’s participation is voluntary and that User has knowingly assumed all such risks and hence hereby releases Foundation of all liability arising out of such aforementioned risks.

2. The User understands, agrees and allows the Foundation to track the User’s browsing activity whilst the User is browsing through the Foundation’s website and/ or mobile application in order to enable the Foundation to get a better understanding of User preferences and to provide a better User interface.

3. The Foundation grants the User a limited, non-exclusive license to access and use the Services for the User’s own personal and non-commercial purposes. This includes rights to view content on Foundation’s website and applications.

Use of Platform

1. Subject to compliance with the Terms of Use, the Foundation grants You a non-exclusive, revocable, limited privilege to access and use this Platform and the Platform Services. You agree to use the Platform Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Platform Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Foundation/other Users.

2. You agree not to access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by the Foundation. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform.

3. You acknowledge and agree that by accessing or using the Platform or Platform Services or Content, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Foundation disclaims all liabilities arising in relation to such offensive content on the Platform.

4. If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. The Foundation reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms of Use.

5. Further, You undertake not to:

   • a) defame, abuse, harass, threaten or otherwise violate the legal rights of others;

   • b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

   • c) copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Foundation;

   • d) conduct or forward surveys, contests, pyramid schemes or chain letters;

   • e) upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

   • f) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide you undue advantage or benefit in purchasing goods / availing services;

   • g) engage in any activity that interferes with or disrupts access to the Platform or the Platform Services or the Content (or the servers and networks which are connected to the Platform);

   • h) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Foundation server, or to any of the Platform Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;

   • i) probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Content, Platform or Platform Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

   • j) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

   • k) collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.

   • l) use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

   • m) use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Foundation or other third parties;

   • n) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

   • o) violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

   • p) violate the Terms of Use contained herein or elsewhere; and

   • q) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

6. Except as expressly indicated herein, the Foundation hereby grants You a non-exclusive, freely revocable, non-transferable access to view any Content available on the Platform, subject to the following conditions:

   • a) You may access the Content solely for personal, informational, and internal purposes, in accordance with the Terms of Use

   • b) You may not modify or alter the Content available on the Platform;

   • c) You may not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and

   • d) You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.

Intellectual Property Rights

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

Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

1. The Platform, Platform Services and other Content are provided by the Foundation 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 Foundation 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 Foundation or through use of the Platform Services shall create any warranty not expressly stated in the Terms of Use.

2. The Foundation will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Foundation also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content.

3. The Foundation 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 Foundation has endeavored to ensure that all the information on the Platform is correct, but the Foundation neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Platform Services. The Foundation 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 Foundation 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 Foundation'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 Foundation and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and Vendors on the Platform (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services or Content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

2. In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

3. In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms of User or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged from You.

4. If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Foundation 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 Foundation and/or Vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Foundation 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 Foundation and/or Vendors obtaining may have at law or in equity. If the Foundation 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 Foundation 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 Foundation 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 Foundation chooses to terminate them.

3. If You or the Foundation terminate Your use of the Platform, the Foundation may delete any Content or other materials relating to Your use of the Platform Services and the Foundation shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the Foundation 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 Bangalore.

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: contact@utsavyoga.com

Communications

You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Foundation, 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 contact@utsavyoga.com However, this may limit the extent of Platform Services that you can avail.

General Provisions

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

IP Infringement

If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly notify the Foundation in writing at contact@utsavyoga.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

• a) the intellectual property that You believe is being infringed;

• b) the item that You think is infringing and include sufficient information about where the material is located on the Platform;

• c) a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

• d) Your contact details, such as Your address, telephone number, and/or email;

• e) a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

• f) Your physical or electronic signature.