Terms of Use
These Terms of Use (“Terms”) apply to a users’ (“User/Your”) access to, and use of, the Website [http://Arogyasiri.com, https://Arogyasiri.com]. The Website is operated by [Arogyasiri Ayurveda Trust], and its subsidiaries, licensees, and affiliated companies (collectively, “Arogyasiri/We”).
As a condition of using the Website and the services provided therein (“Services”), you agree to be bound by these Terms. By using or accessing the Website and/or the Services, you agree to this Terms, as may be updated from time to time. If you do not agree to these Terms, do not use this Website. Because these Terms are a legal contract between you and Arogyasiri, it is important that you review the Terms carefully before accessing or using the Website. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Arogyasiri, including without limitation the privacy policy (“Privacy Policy”).
a. USER ACCOUNT
a.1. In order to use the Website, you are required to provide various information about yourself including your name, email address and other personal information. You agree that any information you provide to Arogyasiri on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
b. OWNERSHIP OF THE WEBSITE
b.1. The Website contains content owned or licensed by Arogyasiri (“Arogyasiri Ayurveda Trust”). Arogyasiri owns and retains all rights in the Arogyasiri Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Arogyasiri Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Arogyasiri Content.
b.2. The Arogyasiri name and logo are Registered entity of Arogyasiri, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Arogyasiri, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Arogyasiri, and may not be copied, imitated or used, in whole or in part, without prior written permission from Arogyasiri.
b.3. The pictures used on the website are indicative and may not be construed as actual.
c. USE OF THE WEBSITE AND CONDUCT
c.1. Use of the Website
c.1.1. You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
c.1.2. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website; (v) collecting or harvesting any personally identifiable information, including account names, from the Website; (vi) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Website; (ix) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or (x) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
c.2. User Content Guidelines:
c.2.1. You are solely responsible for your conduct and any data, text, files, information, images, photos, links and other content or materials that you submit, post or display on or via the Application/Website. Arogyasiri shall have no liability for conduct in relation to your use of our Application/Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws.
c.2.2. The Application/Website provides Users the facility to create, share and post content such as profile information, photographs, images and other material used to create a content or material (together, “User Content”).
c.2.3. The information given in the website may contain errors and Arogyasiri reserves the right to correct the same from time to time. The user may read this information at their own risk and shall make additional research to verify the authenticity of the data submitted.
c.2.4. The user understands that information on yoga, Ayurveda, meditation, etc are based on ancient texts and there are no scientific validation of many of its claims. Hence the user may use their own discretion regarding the usage of this data.
c.2.5. Arogyasiri also connects you to some wellness experts in various fields. The users may use the advice at their risk and indemnify Arogyasiri from any losses, etc in case of such events as a result of the advices.
2. PRIVACY AND SECURITY
2.1. You understand that by using the Website you consent to the collection, use and disclosure of your personally identifiable information as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed under the thereunder.
2.2. You understand that Arogyasiri cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
3. BOOKING, CANCELLATIONS, REFUNDS, RESCHEDULING
3.1. Booking: Prior to booking a package through the Website, you will be required to pay a booking advance as determined by the specific Arogyasiri. The remaining amount may be paid to Arogyasiri, or directly to the Arogyasiri, in accordance with the respective Arogyasiri’s policy. In the rare event of your booking not being confirmed for any reason whatsoever, Arogyasiri shall make best efforts to make alternate arrangements, or shall process the refund and intimate you of the same, depending on your choosing.
3.2. Cancellation: In case of cancellations, Users shall be bound by the cancellation policy as the Arogyasiri with whom the booking is made with. Users may additionally be subject to a cancellation fee by Arogyasiri, in addition to any cancellation charges levied by the applicable Arogyasiri, if any.
3.3. Refund: In case of cancellations, Users shall be bound by the refund policy of the Arogyasiri with whom the booking is made with. All refunds made shall be reflect cancellation charges of the Arogyasiri (if any) and those levied by Arogyasiri. Where payments for bookings are made directly to the Arogyasiri, the sum payable will be refunded by the Arogyasiris. All amount shall be in local currency and fluctuations in exchange rates shall be borne by the User.
3.4. Postponements and Rescheduling: In case of change/rescheduling of booking, Users shall be bound by the policy as that of the Arogyasiri with whom the booking is made with. Users may additionally be subject to a cancellation fee by Arogyasiri, in addition to any cancellation charges levied by the applicable Arogyasiri, if any.
4. EXCEPTIONS AND LIMITATIONS.
4.1. The prices indicated by the Arogyasiris for their services are inclusive of taxes at the prevalent rate. However if these rates are increased , then the Arogyasiri may charge the difference at their centre at the time of availing these services. All additional services over and above the services/package purchased shall be billed by the Arogyasiri at the time of availing the same.
4.2. You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
4.3. We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
4.4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
5. WARRANTY
5.1. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AROGYASIRI. ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AROGYASIRI OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, AROGYASIRI, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
AROGYASIRI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND AROGYASIRI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
6. TERMINATION
6.1. Arogyasiri may terminate these Terms for any reason at any time. Arogyasiri reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
7. INDEMNIFICATION
7.1. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
8. LIMITATION OF LIABILITY
8.1. IN NO EVENT WILL AROGYASIRI OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AROGYASIRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL AROGYASIRI’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCT OR SERVICE.
9. GOVERNING LAW
9.1. This Agreement shall be governed by the laws of India, and the courts of MYSORE shall have exclusive jurisdiction with respect to any dispute arising hereunder.
10. MISCELLANEOUS PROVISIONS
10.1. Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
10.2. Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
10.3. Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
10.4. No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
10.5. Notices:
Any notice required or permitted to be given to Arogyasiri hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Arogyasiri. All notice required to be given under these Terms shall be addressed to:
[Arogyasiri Ayurveda Trust, No. 1245, Ganga Road 3rd Cross, Kuvempunagar, Mysore 560023] or [arogyasiriayur@gmail.com]
We may change the Terms or modify any features of the Application/Website at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” section at the. If you continue to use the Application/Website after changes are posted you will be deemed to have accepted the change.