1.1. 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 Ayuryoga International 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.2. OWNERSHIP OF THE WEBSITE
2.1. The Website contains content owned or licensed by Ayuryoga International (“Ayuryoga International Content”). Ayuryoga International owns and retains all rights in the Ayuryoga International Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Ayuryoga International 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 Ayuryoga International Content.
2.2. The Ayuryoga International name and logo are trademarks of Ayuryoga International , and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ayuryoga International , except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Ayuryoga International, and may not be copied, imitated or used, in whole or in part, without prior written permission from Ayuryoga International . 2.3. The pictures used on the website are indicative and may not be construed as actual.3. USE OF THE WEBSITE AND CONDUCT
3.1. Use of the Website
3.1.1. 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.
3.1.2. 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.
3.2. User Content Guidelines:
3.2.1. 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. Ayuryoga International 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.
3.2.2. 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”). Ayuryoga International claims no ownership rights over User Content created by you. Ayuryoga International has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Application/Website.
3.2.3. Ayuryoga International takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Application/Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
3.2.4. You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Ayuryoga International reserves the right, but is not obligated, to reject and/or remove any User Content that Ayuryoga International believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Application/Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3.2.5. In connection with your User Content, you affirm, represent and warrant the following:
a. Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights. b. To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.
c. Ayuryoga International may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
d. Ayuryoga International takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that Ayuryoga International is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
e. The information given in the website may contain errors and Ayuryoga International 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.
f. 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.
g. Ayuryoga International also connects you to some wellness experts in various fields. The users may use the advice at their risk and indemnify Ayuryoga International from any losses, etc in case of such events as a result of the advices.
4.1. If you share your User Content with Ayuryoga International or link your User Content to Ayuryoga International on a third party service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Ayuryoga International a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and Ayuryoga International ’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.5. PRIVACY AND SECURITY
5.2. You understand that Ayuryoga International cannot guarantee that unauthorized 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.6. BOOKING, CANCELLATIONS, REFUNDS, RESCHEDULING
6.1. Booking: Prior to booking a package through the Website, you will be required to pay a booking advance as determined by the specific Merchant. The remaining amount may be paid to Ayuryoga International, or directly to the Merchant, in accordance with the respective Merchant’s policy. In the rare event of your booking not being confirmed for any reason whatsoever, Ayuryoga International shall make best efforts to make alternate arrangements, or shall process the refund and intimate you of the same, depending on your choosing.
6.2. Cancellation: In case of cancellations, Users shall be bound by the cancellation policy as the Merchant with whom the booking is made with. Users may additionally be subject to a cancellation fee by Ayuryoga International , in addition to any cancellation charges levied by the applicable Merchant, if any.
6.3. Refund: In case of cancellations, Users shall be bound by the refund policy of the Merchant with whom the booking is made with. All refunds made shall be reflect cancellation charges of the Merchant (if any) and those levied by Ayuryoga International. Where payments for bookings are made directly to the Merchant, the sum payable will be refunded by the Merchants. All amount shall be in local currency and fluctuations in exchange rates shall be borne by the User.
6.4. Postponements and Rescheduling: In case of change/rescheduling of booking, Users shall be bound by the policy as that of the Merchant with whom the booking is made with. Users may additionally be subject to a cancellation fee by Ayuryoga International, in addition to any cancellation charges levied by the applicable Merchant, if any.7. EXCEPTIONS AND LIMITATIONS
7.1. The Website is a platform through which certain wellness centers, ashrams, yoga centers, etc who will be called as merchants (“Merchants”) advertise services or experiences and make available offerings The Merchant is solely responsible to you for the care and quality of the goods and services it provides. You acknowledge that images on the Website are merely indicative, and the actual service may vary.
7.2. You acknowledge that the Ayuryoga International is merely an aggregator of Merchants who wish to advertise their services, packages and other services to potential customers.
7.3. You agree and acknowledge that all commercial/contractual terms are offered to you by Merchants and businesses utilising the Website (“Merchant(s)”) and agreed to between you and Merchant(s) alone. AyuryogaInternational does exercise any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Merchant(s).
7.4. AyuryogaInternational does not make any representation or warranty as to the quality or value of the services offered on the Website. AyuryogaInternational does not implicitly or explicitly support or endorse any services on the Website. AyuryogaInternational accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
7.5. The prices indicated by the Merchants for their services are inclusive of taxes at the prevalent rate. However if these rates are increased, then the Merchant may charge the difference at their center at the time of availing these services. All additional services over and above the services/package purchased shall be billed by the Merchant at the time of availing the same.
7.6. AyuryogaInternational is not responsible for any non-performance or breach of any contract entered into between you and the Merchant(s), and while we may extend our best efforts, at our discretion, to resolve the same, AyuryogaInternational shall not and is not required to mediate or resolve any dispute or disagreement between you and the Merchant(s).
7.7. AyuryogaInternational shall have any obligations or liabilities in respect of such contract entered into between you and the Merchant(s). AyuryogaInternational is not responsible for unsatisfactory or delayed performance of services, or damages or losses suffered as a result.
7.8. 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.
7.9. You agree that AyuryogaInternational is not responsible for, and does not endorse, User Content posted within the Website. AyuryogaInternational does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
7.10. AyuryogaInternational reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Application may continue to be stored by AyuryogaInternational, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. AyuryogaInternational will not be liable to you for any modification, suspension, or discontinuation of the Application, or the loss of any User Content.
7.11. The content or information posted on the Website is posted by other users and may contain errors, or have no basis in science, and while AyuryogaInternational reserves the right to correct/remove the same, it is under no obligation to do so. You acknowledge that you read and act upon this information at your own risk and shall make additional efforts to verify the authenticity of such information.
7.12. Any ratings assigned to a merchant is based on an aggregate of reviews received from users of the Website, and shall not be construed as an endorsement or advertisement of such merchant. AyuryogaInternational does not independently verify ratings. A rating is only indicative of the level of satisfaction you can expect to find in a particular Merchant’s establishment
7.13. 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.
7.14. 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.8. WARRANTY
8.1. 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AYURYOGA INTERNATIONAL OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, AYURYOGA INTERNATIONAL, 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.
AYURYOGA INTERNATIONAL 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 AYURYOGA INTERNATIONAL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.9. TERMINATION
9.1. AyuryogaInternational may terminate these Terms for any reason at any time. AyuryogaInternational 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.10. INDEMNIFICATION
10.1. 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.11. LIMITATION OF LIABILITY
11.1. IN NO EVENT WILL AYURYOGA INTERNATIONAL 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 AYURYOGA INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL AYURYOGA INTERNATIONAL ’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCT OR SERVICE.12. GOVERNING LAW
12.1. This Agreement shall be governed by the laws of Mauritius, and the courts of Mauritius shall have exclusive jurisdiction with respect to any dispute arising hereunder.13. MISCELLANEOUS PROVISIONS
13.1. 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.
13.2. 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.
13.3. 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.
13.4. 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).
13.5.Notices: Any notice required or permitted to be given to Ayuryoga International 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 Ayuryoga International . All notice required to be given under these Terms shall be addressed to: [Ayuryoga International Retreat and Research Center Ltd][House No 1,Vinsone Lane, Moka, Mauritius] or[info@Ayuryogainternational.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.