The aforementioned terms and conditions, referred to as the “Terms of Use,” describe the terms and conditions for using and registering on the ‘KshitiYoga web page, m-web, and mobile application (collectively known as the “Platform”). The Platform is operated by KshitiYoga the company, also referred to as “We,” “Our,” “Us,” or “Company.” These Terms of Use additionally govern the services provided through the Platform, known as the “Platform Services.” By accessing or utilizing the Platform, you acknowledge and agree to abide by these Terms of Use. These terms establish a legally binding contract between you and the Company. Please carefully go over these Terms of Use before accessing or using the Platform.

This paragraph serves as a legal disclaimer to the effect that no physical or digital signatures are necessary for the creation of this electronic record. In addition, the user is cautioned that by accessing or using the Platform, he or she is indicating acceptance of the Terms of Use and Privacy Policy and agreeing to be legally bound by them. This paragraph further specifies that the User’s prior written agreements with the Platform for other services are not affected by the Terms of Use.

These Terms of Service apply to all users of the Platform, which includes: Suppliers of goods/services, regardless of whether they are individuals, professionals, entities, or comparable institutions. This includes their authorized/designated associates, employees, partners, and practitioners (“Partner,” “You,” “Your,” or “Users”).
Users who access, register, and submit service requests via the Platform (“End-User,” “You,” “Your,” or “Users”).
Any additional users or visitors to the Platform (“You,” “Your,” or “Users”).

Product & Service Offerings

You understand that the Platform gives you access to online and offline modes of purchasing services and products from the Company and its contracted trainers. We provide our services (i) in person, at designated studios and fitness centres (operated by the Company) and at the User’s home or place of business (hereinafter, “Fitness Classes”), and (ii) online, via our website (www.kshitiyoga.com) and the mobile application (hereinafter, “App-based Products and Services”) developed and operated by us. Here is a rundown of what you can buy from the Platform:

Purchase and use kshitiyoga-branded Fitness Class and App-based Product and Service Memberships and Allied Services, such as Physical Fitness, Mindful Yoga, and Meditation-Related Training Activities;

(“Booking Services”), scheduling appointments for Fitness Classes and other app-based products and services;

Acquiring and/or generating, reproducing on the Platform, sharing with relevant Vendors (defined below) for you, if applicable, and communicating to you (i) data indicative of your usage and/or consumption of Fitness Services and Booking Services; and (ii) any documents or data generated from your purchase and/or usage and/or consumption of the aforementioned products and / or services, individually and/or in combination with other products and / or services listed on the Platform.

The Company and third parties with which the Company has contractual arrangements (“Vendors”) shall collectively supply the Fitness Services, Booking Services, and Diverse Services (collectively, the “Platform Services”).

If you agree to the terms and conditions outlined below, the Company will allow you to register for and gain access to the Platform in order to provide you with the Platform Services and other services (such as account creation and management, management of various products and services purchased / booked on the Platform, payment and transaction summary generation services, etc.).

Use Agreement Acceptance

The relationship between you and us for the provision of the Platform Services is comprised of these Terms and the Order (as defined below). The following section provides a quick summary of some of the additional terms and conditions (payment terms, cancellation policy, exchange policy, return policy, etc.) that may be necessary for you to use certain Platform Services. In the event of any inconsistency between these Terms of Use and such additional terms, the latter shall control.

Before using or committing to availing the Platform Services, please verify that the information in these Terms and on the Order is complete and accurate. If you suspect an error, please make sure to get any adjustments we make confirmed in writing.

You will not use the Platform or get access to its features unless you fully understand and agree to be bound by these Terms of Use and all policies, guidelines, and notices provided by the Company from time to time. You acknowledge that you have read, understood, and accepted to be bound by these Terms of Use by either (i) using this Platform or any Platform Services in any way; or (ii) browsing the Platform. You may terminate your Subscription Programme (as defined below) if you do not agree to the Terms of Use. Please refer to the Terms’ Suspension and Cancellation of Subscription Programme for more information.

By using the Platform, you confirm that you have reviewed the Terms of Service and Privacy Policy, and agree that your personal data may be collected, processed, stored, disclosed, and/or transferred in accordance with the Privacy Policy. You further acknowledge and agree that the Company has adopted reasonable and adequate security practises and procedures to secure your personally identifiable information.

The Company may, in its sole discretion and at any time, modify or revise these Terms or any other of our policies or practises, and will provide Users with notice by publishing the modified or revised Terms on www.kshitiyoga.com or in our mobile application. By continuing to use the Platform after those changes have been made, you agree to be bound by the Terms as revised. We may also choose to alert you to any modifications or additions to our Terms by other methods, including but not limited to, pop-up or push notifications, or e-mail notifications.

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Membership

Joining the Group

To become a registered user of the Platform Services, you must be of legal age in your jurisdiction to make legally enforceable contracts and not be a person forbidden from obtaining Platform Services under the laws that apply to you. You confirm that your use of the Platform complies with all local, national, and international laws and regulations.

You must sign up for an account (“Account”) on the Platform and provide personal information (such as your name, address, contact information, and other information as may be requested by the Platform) in order to use the Platform Services.

A Member Forever

All information submitted by you, including your Account information and Payment Details (as defined below), must be true, complete, and current at all times. You undertake to quickly update your Account details and Payment Details with any changes that may occur in order to maintain their accuracy, completeness, and currency. In addition to any other right or remedy that the Company may have, the Company may suspend or cancel your Account and refuse any and all current or future use of the Platform (or any portion thereof) if you provide any information that is false, wrong, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

You are solely responsible for any and all activities that occur under your Account and agree to take all necessary precautions to ensure that this information remains private, including the security of your password. If you suspect any unauthorised use of your Account or any other breach of security, you must (a) promptly alert the Company and (b) always log out of your Account when you’re done using it. If you fail to comply with this clause, the Company will not be responsible for any damages or losses you incur. If you fail to maintain your Account information private and confidential, you may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorised or unauthorised use of your Account.

It is strictly forbidden to use the Account details of another User to gain access to the Platform Services.

You are not allowed to maintain multiple Accounts on the Service. You may not sell, trade, or otherwise transfer your Account to another party, and you may not create an Account using a false name or a name that belongs to someone else.

You are not allowed to maintain multiple Accounts on the Service. You may not sell, trade, or otherwise transfer your Account to another party, and you may not create an Account using a false name or a name that belongs to someone else.

Admittance of Minors

Users under the age of 18 or the age of majority in their province, territory, or country (“Minors”) may only use the membership(s), sessions, book a class (including free of cost classes), or any activity with the involvement and consent of the parent or legal guardian, under the account / membership of such parent / legal guardian, and subject at all times to these Terms of Use. Accordingly, the parent or legal guardian of such Minor agrees to indemnify, defend, and hold harmless the Company 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 the Company and its business partner(s) that arise out of, result from, or may be payable by virtue of any breach or notwithstanding of any provision

Subscriptions

Paid Memberships

Through a subscription service, users can gain access to the Platform Services. Before purchasing or subscribing to any Subscription Programme or Fitness Services, you should carefully read the terms and conditions of each, as they contain important information about the scope of coverage and any applicable limitations.

Subscriptions can be purchased on a monthly, quarterly, semiannual, or annual basis from the company. A month is defined as 30 calendar days for the purposes of our subscriptions, a quarter as 90 calendar days (3 months), a half year as 180 calendar days (6 months), and a year as 365 calendar days (12 months).

Available Packages: The Platform shall reflect the packages offered by the Company, comprising details about subscription fees and discounts on those packages, if available.

To join the Subscription Programme, you must first place an order (“Order”) for a subscription to the Platform Services, either on the website or via the mobile application. If we accept your Order, we’ll process it and get back to you with details on how to access the subscription you just paid for. After we receive the request and confirm it via email, we will be obligated to begin providing the Platform Services.

Your Order may be denied or cancelled by the Company under special circumstances as determined by the Company in its sole discretion. Additionally, the Company may, in its sole discretion, request additional identification information in connection with your Order. In order to complete your Order, we may request that you submit extra information to help us confirm who you are. In the event that we do not process or cancel an Order, we will not charge you or issue a refund for any fees associated with such Order.

While your subscription is active and in good standing, you will have access to the Subscription Programme. Only when a user has purchased a Subscription Plan will the App-based Products and Services be made available on the Platform. This access will last for the remainder of the current subscription period or until the user has finished the required number of classes for the Subscription Programme.

Costs and Possible Price Increases

Subscription Fees will be charged to your Payment Details (as described below) (i) at the time you place your Order and (ii) at the time of each renewal. purchase.

All subscriptions purchased through a mobile app marketplace (App Store, Google Play, etc.) will be automatically renewed and charged according to the renewal schedule agreed upon at the time of purchase. On both the platform and the mobile app store, the customer will find clear instructions on how to terminate their membership.

Discount codes and coupons: In the event that the Company provides a promotional discount in the form of a discount code or voucher, only one such discount code or voucher may be applied to a single purchase by a User.

In our sole and absolute discretion, we retain the right to make modifications to our Subscription Programmes or to the fees associated with our Platform Services or any part thereof at any time. You will be notified in advance of any changes to your Subscription Program’s price or terms. The Company makes no assurances that the Platform Services will be available for delivery / performance at all times, or that the costs will be the lowest in the city, region, or location.

Booking, rescheduling, and cancellation policies, as well as other house rules

Users can reserve their spot in courses only in advance, for a duration specified by the Company and shown on the website or mobile application, which the Company reserves the right to alter at any time. Subject to the allowed cancellation and rescheduling periods and the availability of a timeslot, users may cancel or reschedule appointments using the Platform.

The Company reserves the right to reschedule or cancel appointments and will not be responsible for any loss or inconvenience you may incur as a result of such rescheduling, cancellation, delay in performance, or failure to meet its obligations.

Users may cancel their bookings for classes or sessions up until the specified time before the planned class, or as specified on the Platform when booking a class, after which the option to cancel shall be disabled from the Platform. If you need to cancel your class or session after the deadline has passed, you can do so by contacting the Company through chat or email (kshitiyoga@gmail.com), and the Company may, in its sole discretion, cancel your appointment. The Company’s assessment in this matter is final and binding. The Company retains the right to charge such sum for cancellation, as may be established by the Company, in the event of cancellation of a planned class within 12 hours from such scheduled class, or in the event of excessive/delayed/last-minute cancellations.

Studio Rules for clients that come to our location:

Users are expected to act in a way that is consistent with the Terms of Service and is respectful of the rights and comfort of other Users.
You understand and agree that the trainers may adjust your posture throughout lessons to ensure that it is appropriate for the exercises being performed.
At the studios and gyms, the Company may provide Users the use of lockers for the safekeeping of personal items. You agree that the Company is not responsible for any damage, theft, or loss that occurs to your personal property while on the premises.
The Company could also install phone chargers at the gyms and studios. Any loss or damage to personal belongings that occurs in the studios or gyms is the exclusive responsibility of the users.

Your use of the Platform Services is subject to inspection by the Company, and they have the right to refuse service if they find cause. The Company reserves the right to refuse admission, ask any User to leave the studio/fitness centre, or suspend/cancel your membership/cancel your subscription in accordance with Clause 1.1of these Terms if the Company, in its sole discretion and wisdom, determines that the User’s conduct is inappropriate or unbecoming.

The Terms of Use shall apply until terminated by either you or the Company in accordance with the provisions below regarding suspension and cancellation of the Subscription Programme.

When you decide to cancel your subscription:

You may (i) terminate your Account on the Platform; and/or (ii) cease accessing the Platform if you object to the Terms of Use or choose to discontinue with your membership.

Fee Refund for Paid Subscription

Your purchase of a Subscription Programme is final and cannot be returned, resold, or transferred in any way. You will be entitled to receive the Platform Services ordered until the end of your current subscription period or until the prescribed number of classes under your Subscription Programme gets completed, whichever is earlier; however, you will not receive a refund for the fees you have already paid for the current subscription period.

We are terminating our subscription programme at this time. ( clause 1.1 )

If the Company, in its sole and absolute discretion, determines that you have violated, abused, manipulated, or exploited any provision of these Terms of Use or have acted unethically in any other way, the Company may delist you or block your future access to the Platform or suspend or cancel your membership/terminate your Account. Regardless of anything else in this section, these Terms of Use shall remain in effect forever until and until terminated by the Company.

The Company may suspend or cancel your membership/terminate your Account at any time for any reason in its sole discretion with or without notice to you if your use of the Platform Services is found to be in violation of our internal rules set forth above. The Company retains the right to terminate an Account or cancel a User’s membership if a complaint is received alleging that the User has used the Platform Services for the aforementioned objectives. The Company may also seek legal recourse against you.

The Company reserves the right to end its connection with you at any time for any reason, in which case it will repay you the corresponding sum.

There may be times when you are unable to use the Platform so that updates, enhancements, or new features may be implemented. As soon as is humanly possible, we will restore your access to the Platform. Please contact us at kshityoga@gmail.com if you continue to experience issues accessing the Platform Services.

Cancellation’s Aftereffects –

The Company may remove any content or other materials connected to your use of the Platform Services upon termination of the Subscription Programme, without incurring any obligation to you or any third person. The Company may keep records of your business dealings and other information for legal or regulatory reasons.
The Company may keep records of your business dealings and other information for legal or regulatory reasons.

Money Transfers

The Company must receive all payments related to the Platform Services through the Platform. You understand and agree that the Company may use payment gateways, mobile application marketplaces (appstore, playstore), and other third-party vendors and service providers to process payments and manage payment card information to the extent permitted by applicable law and subject to the Company’s Privacy Policy.

You represent and warrant that you have the legal right and ability to use any payment method you elect to use on the Platform, including, without limitation, a valid payment card, bank details, third party wallets, or details required for any other mode of payment (“Payment Details”), and that there are sufficient funds or credit available to complete the payment on the Platform. By submitting the Payment Details, you affirm, guarantee, and covenant that (1) you have the legal right to submit the Payment Details, (2) you have the legal right to make payments using the Payment Details, and (3) your submission of the Payment Details does not violate the terms and conditions applicable to your use of the Payment Details or any law. If you choose to utilise mobile payment services, you understand that you will be liable for any costs assessed by your cell carrier. The Payment Information will be used by the Company in accordance with the Company’s Privacy Statement. The Payment Information you have supplied is editable at any moment through the Site.

You agree that the Company is permitted to charge the same credit card that was used to pay the first subscription price if you have paid for any Subscription Programme with that credit card. Your Payment Details will be charged the renewal subscription payments for your Subscription Programme until and until you cancel your renewed subscription.

Payment Receipt and Transaction Summary: The applicable mobile app marketplace, or the Company, as the case may be, shall issue a payment receipt upon successful completion of a transaction, and such payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address.

In the event that a payment you authorised through the Platform using your Payment Details fails, the Company is not responsible save to the extent required by relevant law. In particular, the Company is not responsible for any payments that do not go through because: (1) there are insufficient funds in your payment card, bank account, or third party wallet to complete the transaction, or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) you have not provided the Company with correct Payment Details; (3) your payment card has expired; or (4) there are circumstances beyond the Company’s control (including, but not limited to, fraud, governmental action, or computer or network failures).

Any unauthorized use of your payment card or internet banking on our Platform will not fall under the responsibility of the Platform.

Disclosing Potential Health Risks
You realise and agree that it is in your best interest, both physically and mentally, that
Indemnity Declared by the Company:
There is no assurance or promise from the Company that the therapeutic benefits of using the Platform Services will apply to all Users. We make no claims about the exactness of the duration, type, or satisfaction of the Fitness Services we provide.
Fitness Services are not intended to cure, treat, or diagnose any medical conditions that a User may have. The Company is not a health care provider or a medical device provider, and our Fitness Services are not medical or health care advice, nor are they a replacement for or a form of therapy.
The Fitness Services provided herein have inherent hazards that cannot be completely eradicated, no matter how meticulously one takes precautions to prevent injuries and/or losses. By signing below, you affirm that your participation is voluntary, that you understand the risks involved, and that you are releasing the Released Party (as defined below) from any and all liability related to those risks.
You understand that your involvement in accessing and using our Fitness Services may, in certain situations, result in physical harm or worsen your psychological state or mental fitness, and that you do so despite your awareness of your physical limitations and medical history. You also promise that you have a high enough level of self-awareness that you would quit using the Platform Services if they caused you any bodily or mental harm. You agree that you will not blame any harm that comes to your health on our Platform Services. In addition, we give absolutely no assurance that the Fitness Services we offer are suitable or risk-free for us.
You agree not to use our App-based Products and Services, including the exercises and training they provide, while driving or operating any heavy machinery or if you are under the influence of any mood-altering substances.

Medical professional consultation:
If you (a) are pregnant, (b) wear a pacemaker, (c) have epilepsy or seizures, (d) have a history of mental illness, (e) have an eating disorder, (f) have diabetes, (g) have any other physical, psychological, emotional, or medical condition, or (h) are taking any strong medication, you should consult your physician or health care provider before enrolling in or booking our Fitness Services or classes.
If you are over the age of 65, you will not use the Platform Services without first getting your doctor’s OK.
Assistance in Case of Injury: No one is obligated to give you medical attention if you are hurt while using the Platform Services. In addition, you recognise and agree that:
possible lack of access to medical facilities during the event in question; and
If you are unable to offer your permission at the time medical treatment is delivered to you, you agree to such care anyway.
You, on behalf of yourself and your heirs, next of kin, executors, administrators, and assigns, hereby irrevocably release, waive, and discharge any and all rights and claims of any nature whatsoever, including, but not limited to, claims relating to a physical or mental injury or illness, or claims arising out of the negligence of any Released Party (as defined below) or anyone else, that you may have now or in the future, against the Company, any of its affiliates, franchise You also waive any legal or equitable rights or remedies you now or in the future may have against any Released Party as a consequence of such Party’s decision.
Regardless of whether the claim is based on the alleged or actual carelessness or negligence of any Released Party or anyone else, you agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur defending any claim made by you or anyone making a claim on your behalf).

Platform Utilisation

The Company provides you a limited, nonexclusive, revocable (upon notice from the Company), nontransferable licence to access and make personal, noncommercial use of the Platform, the Platform Services, and the material available on the Platform, subject to your compliance with the Terms of Use. You agree to use the Platform Services, the Platform, and the materials provided therein only: (a) for your own noncommercial, informational, internal purposes, as permitted by the Terms of Use; (b) in a manner consistent with any applicable law, regulation, or generally accepted practises or guidelines; and (c) as intended by the Platform Services. You must refrain from doing anything that might interfere with the Platform being used by the Company or other Users.

By using the Platform and our Platform Services, you agree to receive alerts, reminders, and other communications from the Company, its employees, Vendors, and affiliates at any time, including but not limited to those that relate to offers for other Fitness Services/Platform Services provided by the Company.

Provide honest feedback or a review of the relevant Platform Service after using it, since this may be a condition of receiving future Platform Services from the Company.

While we always strive to provide excellent service, we cannot guarantee that the Fitness Services will be error-free or that they will even fulfil your needs. Please contact us at kshityoga@gmiail.com if you experience any issues with the Fitness Services, and we will investigate your complaint and take corrective action if required. We have the right to temporarily disable the Fitness Services if this becomes necessary during maintenance. If the Fitness Services are temporarily unavailable, we will not be responsible for any costs you incur as a result.

You understand and agree that there is a risk of encountering content on the Platform or through the Platform Services that you may find offensive, indecent, or objectionable. The Company will not be held responsible for any harm caused by any objectionable material posted on the Site.

Users may be able to upload content to the Platform for publication, posting, uploading, distributing, or disseminating by the Company. You hereby agree and undertake to guarantee that any such subject matter, material, information, and data is suitable and respectable and does not contain any profanity, libel, infringement, or obscene content. You alone are responsible for the content and legality of any topic/material/information/data you add, produce, publish, upload, submit, distribute, disseminate, or post to the Platform. If you submit any data or information to the Platform, the Company has the right to evaluate it and remove anything that does not comply with these Terms of Service.

Prohibited uses

You also agree, without limiting the above, not to:

infringe against the intellectual property rights of the Company or third parties;

knowingly and intentionally engage in any of the illegal conduct and acts set out in this Section, including without limitation:

organise or share contests, surveys, or pyramid scams;

engage in any activity that might disrupt, damage, or disable the Platform or any transaction being done on the Platform, or that of any other user of the Platform; use any equipment or programme to interfere or try to interfere with the normal operation of the Platform;

You may not knowingly or willfully cause damage to, interfere with, or disrupt access to the Platform or the Platform Services (or the servers and networks which are connected to the Platform) or another user’s computer by uploading or distributing files that contain viruses or “Trojan horse,” or overloading or “mail bombing” or “crashing” or corrupted files, or any other similar software or programmes.

use the Platform or Platform Services (or the servers and networks linked to the Platform) in any way that might cause interference or disruption in service;

use the Site or any Content for any purpose that is unlawful or forbidden by these Terms of Service, or to engage in any activity that infringes the rights of the Company or any third parties;

cause harm to the Platform or any associated or linked sites by disrupting or interfering with the security of the Platform or any systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform;

Prohibitions due to offensive content:

change any of the Platform’s existing content;

reproduce, duplicate, copy, sell, resell, lease, licence, distribute, or otherwise commercially exploit any Content obtained through the Platform;

Without the Company’s express written permission, you may not: copy, edit, re-publish, post, display, translate, transmit/distribute, reverse-engineer, perform, licence, create derivative works, and sell any information or software received from the Platform in any way;

omit any language, copyright, or proprietary markings that may have been included in the downloaded Content from the Platform.

Restriction of access:

use a method other than the Company’s supplied interface to access the Platform, the Materials, or the Platform Services;

breach any security or authentication mechanisms on the Platform or any network linked to the Platform by means of probing, scanning, or testing their vulnerability;

Platform; Company; any effort to obtain unauthorised access, via hacking, password mining, or any other illicit means, to any section or feature thereof, or to any other systems, networks, servers, linked or associated sites, connected to or accessible through the Platform or to any Company server.

access, acquire, copy, or monitor any portion of the Platform or Content by means of any deep-link, robot, spider, or other automatic device, programme, algorithm, or technique, or by any manual procedure that is similar or comparable;

copy or otherwise exploit the Platform’s or any Content’s structure or presentation to gain or attempt to access any information, document, or material through any means not purposely made available by the Platform;

do a “backwards lookup,” “trace,” “seek to trace,” “reverse trace,” “trace back,” “trace back,” “trace back,” “trace back,”

any use of the Platform, Platform Services, or any information made available or offered by or through the Platform, for any purpose, including, but not limited to, the disclosure of any information other than your own information provided on the Platform, is strictly prohibited.

upload files that have had their authorship information changed or removed, or that lack the required proprietary designations or labels indicating who created the software or other materials included inside the file;

unless you possess or control the required rights, you may not upload or distribute files containing software or other content protected by applicable intellectual property laws;

harm anyone’s freedom of privacy or individuality in violation of any laws or regulations now in effect in India or elsewhere;

transgress any of the Acceptable Use Policies stated anywhere on this site;

Protection of Creative Work
The Company and/or its licensors own and control all text, video, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, computer code (and any combinations thereof), the Platform and the processes, and their selection and arrangement (collectively, the “Content”) on the Platform. The design, structure, selection, coordination, expression, look and feel, and arrangement of such Content are all subject to intellectual property protection. The Company, the Vendors, or any other party that may own copyright, a patent, a trademark, or any other intellectual property right in such Content must provide their permission before you can use the Content.
The Company, the Vendors, and any other applicable third parties are the owners of the trademarks, logos, and service marks (“Marks”) used and displayed on the Platform. Without the previous agreement of the Company, the Vendors, or the third party that may hold the Marks, you may not use the Marks in any way.

Patent Infringement
You shall immediately contact the Company in writing at khsitiyoga@gmail.com if you feel the Platform or any of the Platform Services infringe on your intellectual property. Only the intellectual property owner or his or her authorised representative should submit these notices. Your access to the Platform might be terminated if you make a fraudulent claim. The following information must be included in your notification:
What exactly do you think is being infringed upon in terms of intellectual property?
The content you believe violates the law, together with specifics regarding its location on the Platform;
A declaration that the material you have found to be infringing is not authorised for use in connection with the Platform by the owner of the intellectual property, its agent, or the law;
Your name, address, phone number, and/or email address;
A statement that you are the owner of the intellectual property that is being infringed upon or are authorised to act on the owner’s behalf and that the information you provided in your notification is correct; and
Your signature, either on paper or digitally.

Liability and Warranty Disclaimer / Disclaimer of Warranties & Liability

To the fullest extent permissible by law, you acknowledge and accept that:
The Company makes no representations or warranties, either explicit or implied, statutory or otherwise, including, but not limited to, any warranties of title, non-infringement, merchantability, or fitness for a specific purpose, with respect to the Platform, Platform Services, or any other Content. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or the Platform Services or the Content will meet Your requirements or that 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; or (iii) the quality of the Platform or the Platform Services or the Content will meet Your expectancy. You acknowledge and agree that no oral or written advice or information, whether provided by the Company or via the use of the Platform Services, shall establish any guarantee not expressly expressed in the Terms of Use.
Under no circumstances may the Company be held responsible for any user Content that violates any third party’s intellectual property rights, libel, privacy, publicity, or obscenity laws. The Company is not responsible for any harm that may come from the Content being mishandled, lost, altered, or unavailable for any reason.
If your Account or Account information is used without your permission in connection with the Platform or Platform Services, the Company is not responsible for any damage that may result.
Although the Company has made reasonable efforts to ensure the accuracy of all Platform content, it makes no guarantees or representations about the quality, accuracy, or completeness of any data, information, or Platform Services, and it is not responsible for any damage or loss caused by a user’s reliance on any such content or services. In addition, the Company will not be held liable for any downtime of the Platform that may occur as a result of routine maintenance or any unscheduled suspension of access to the Platform that may occur for technical reasons or for any cause beyond the Company’s control. You acknowledge and agree that You use the Platform at Your sole 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 or Content.

Liability Waivers and Indemnification
You will protect and defend the Company and its affiliates (“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) that are asserted against or incurred by the Indemnitees as a result of your use of the Platform. You also agree to defend, indemnify, and hold the Indemnitees harmless from any claims made by a third party due to or arising out of or in connection with Your use of the Platform or Platform Services or Content, any misrepresentation by You with respect to the data or information provided by You, Your breach of the Terms of Use, or Your breach of the rights of any third party, including any intellectual property rights.
The Indemnitees will not be responsible for any direct, indirect, incidental, consequential, or punitive damages that You or any third party may incur as a result of or in connection with Your use of or access to the Platform, Platform Services, or Content on the Platform. To the fullest extent permissible by law, the exclusions and restrictions set out in this Section shall apply.
To the fullest extent permitted by applicable law, and without limiting the foregoing, in no event shall the 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 the actual fees charged from You.
The breadth and duration of the foregoing disclaimers of warranty and the extent of the Company’s responsibility shall be the least allowable under relevant law if applicable legislation does not enable the exclusion of specific warranties or the restriction or exclusion of liability.

Infraction of the User Agreement
If You breach these Terms of Use, it will be an unlawful and unfair business practise that will cause the Company and/or Vendors, as applicable, irreparable harm for which monetary damages would be inadequate, and You agree that the Company and/or Vendors may seek any injunctive or equitable relief that they deem necessary or appropriate. The Company and/or the acquiring Vendors shall be entitled to all additional remedies available to them at law and in equity. You agree to pay, and the Company and/or Vendors will be entitled to collect from you, any reasonable solicitors’ fees and costs of such action, in addition to any other relief that may be obtained, if the Company and/or Vendors take any legal action against You as a consequence of Your violation of these Terms of Use.

Reprimand and dismissal
Until terminated by either You or the Company as detailed below, the Terms of Use shall remain in effect. Your sole and exclusive remedy with respect to any disagreement with the Terms of Use or dissatisfaction with the Platform is to (i) terminate Your Account on the Platform and/or (ii) cease using the Platform.
If the Company determines, in its sole and absolute discretion, that you have violated, abused, manipulated, or exploited any term of these Terms of Use or otherwise acted unethically, the Company may delist You, block Your future access to the Platform, suspend, or terminate your Account. This provision shall not affect the Company’s right to terminate these Terms of Use at any time and for any reason.

The Company shall have no duty to You or any third party for deleting any Content or other materials connected to Your use of the Platform Services if You or the Company terminate Your usage of the Platform. However, the Company may keep your transaction information for legal or tax reasons.
Any Platform Services you have ordered prior to termination by either party will be charged to you in full.

Governing Law
Any issues that may arise in connection with these conditions must be resolved exclusively by the courts, tribunals, fora, and applicable authorities located in Bhopal, India, without regard to conflict of laws considerations.

There are times when we’ll connect to third-party resources. You agree that access is voluntary and for your own exclusive purposes. None of the services or sites in question have been evaluated or endorsed by us. If you decide to leave our website and use one of the third-party sites linked to here, please understand that we are not responsible for (a) its continued availability, (b) its privacy practises, (c) its content, advertising, products, goods, or other materials or resources on or available from it, or (d) its usage by anyone else. Neither we nor any of our employees will be held liable for any harm, loss, or offence of any kind incurred or alleged to have been incurred as a result of, or in connection with, the use of or reliance on any such websites or services.
You may link to our website or mobile application, or to a specific page within either, so long as you comply with all applicable laws and do not damage or take unfair advantage of our good name. However, you may not set up your link in such a way as to falsely imply any sponsorship, affiliation, or endorsement on our part where none exists. You are not allowed to link to or from any website that is not your own. You need our express written permission to build a link to any page within the Platform Services or to “frame” any of the Platform Services within another website. The right to allow links to our site may be revoked at any time, with or without prior warning. Any site you want to connect to from ours must adhere fully to our guidelines for appropriate Platform Use. Other than the foregoing, please direct any requests for permission to utilise content from the Platform Services to kshitiyoga@gmail.com.

Links to Website/ Homepage

There are times when we’ll connect to third-party resources. You agree that access is voluntary and for your own exclusive purposes. None of the services or sites in question have been evaluated or endorsed by us. If you decide to leave our website and use one of the third-party sites linked to here, please understand that we are not responsible for (a) its continued availability, (b) its privacy practises, (c) its content, advertising, products, goods, or other materials or resources on or available from it, or (d) its usage by anyone else. Neither we nor any of our employees will be held liable for any harm, loss, or offence of any kind incurred or alleged to have been incurred as a result of, or in connection with, the use of or reliance on any such websites or services.
You may link to our website or mobile application, or to a specific page within either, so long as you comply with all applicable laws and do not damage or take unfair advantage of our good name. However, you may not set up your link in such a way as to falsely imply any sponsorship, affiliation, or endorsement on our part where none exists. You are not allowed to link to or from any website that is not your own. You need our express written permission to build a link to any page within the Platform Services or to “frame” any of the Platform Services within another website. The right to allow links to our site may be revoked at any time, with or without prior warning. Any site you want to connect to from ours must adhere fully to our guidelines for appropriate Platform Use. Other than the foregoing, please direct any requests for permission to utilise content from the Platform Services to kshitiyoga@gmail.com.

Report Abuse and Grievance Redressal

In the event you come across any abuse or violation of these Terms of Use, if you become aware of any objectionable content on the Platform, or if you wish to report a grievance regarding the Platform or Platform Services, please report the same to the following e-mail address: kshitiyoga@gmail.com.

In case of any dissatisfaction with the Platform Services, you shall first file a formal complaint with the customer service department of the company prior to pursuing any other recourse. The complaints can be lodged at help@betheshyft.com, and upon lodging a complaint, you agree to provide complete support to the customer service team with such reasonable information as may be sought by them from you. The decision of the Company on the complaints shall be final, and you agree to be bound by the same.

Communications

Your use of the Platform constitutes your express consent to receive SMS and/or electronic mail from the Company, suppliers, and other third parties in connection with the Platform Services. If you no longer wish to receive SMS and email updates from us, simply let us know by sending an email to kshitiyoga@gmail.com or getting in touch with our Grievance Officer. However, this might restrict your access to certain Platform Services.

General Provisions
Premises Generally

All notifications from the Company to You will be sent to the email address You have on file with the company or made publicly available through the Platform. Send any communication to the Company required by these Terms of Use to kshitiyoga@gmail.com or to our Grievance Officer with “Attention: Terms OF Use” in the subject line.

You may not assign or otherwise transfer these Terms of Service or any rights herein. The Company shall not be required to obtain Your approval in order to assign its rights under these Terms of Use to any other party.

If any part of these Terms of Use or these Terms of Use as a whole is ruled unenforceable by a court with the right to do so, that part will be enforced to the fullest extent possible so that the parties’ intentions are carried out, and the rest of these Terms of Use will still be in full force and effect.
Lack of enforcement or exercise by the Company of any term of the Terms of Use or associated right shall not be construed as a waiver by the Company of such provision or right.