Terms of Use www.yoga5d.com
PLEASE READ! https://yoga5d.com REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF https://yoga5d.com ARE REQUIRED CONSIDERATIONS FOR https://yoga5d.com GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH https://yoga5d.com OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF https://yoga5d.com.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO https://yoga5d.com. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH https://yoga5d.com OR ITS CONTENTS IN ANY MANNER.
https://yoga5d.com SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
https://yoga5d.com RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, https://yoga5d.com IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW https://yoga5d.com, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
You represent & warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms & conditions of this Agreement, YOGA 5D Enlighten Earth hereby grants you a limited, non-transferable & non-exclusive license to access & use the Site by displaying it on your internet browser only for the purpose of shopping for personal good and services sold on the Site & not for any commercial use or use on behalf of any third party, except as explicitly permitted by YOGA 5D Enlighten Earth in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by YOGA 5D Enlighten Earth in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by YOGA 5D Enlighten Earth in advance. YOGA 5D Enlighten Earth reserves the right to refuse service, terminate accounts, &/or cancel orders at its discretion, including, without limitation, if YOGA 5D Enlighten Earth believes that customer conduct violates applicable law or is harmful to YOGA 5D Enlighten Earth’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian Penal Code or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, &/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion & may not reflect the opinions of YOGA 5D Enlighten Earth.
YOGA 5D Enlighten Earth may assign you a password & account identification to enable you to access & use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access & use the Site in a manner consistent with the terms & conditions of this Agreement, & YOGA 5D Enlighten Earth has no obligation to investigate the authorisation or source of any such access or use of the Site.
You will be solely responsible for all access to & use of this Site by anyone using the password & identification originally assigned to you whether or not such access & use of this site is actually authorised by you, including without limitation, all communications & transmissions & all obligations (including without limitation financial obligations) incurred through such use or access. You are solely responsible for protecting the security & confidentiality of the password & identification assigned to you. You shall immediately notify YOGA 5D Enlighten Earth of any unauthorised use of your password or identification or any other breach or threatened breach of this Site’s security.
REVIEWS & COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site &/or provide YOGA 5D Enlighten Earth, including without limitation, ideas, know-how, techniques, questions, reviews, comments, & suggestions (collectively, “Submissions”) is & will be treated as non-confidential & non-proprietary, & YOGA 5D Enlighten Earth shall have the royalty-free, worldwide, perpetual, irrevocable & transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means & in any form, & to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole & exclusive property of YOGA 5D Enlighten Earth & shall not be returned to you.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio & video clips, & software (collectively, “Content”), belongs exclusively to YOGA 5D Enlighten Earth or its Content suppliers. The collection, arrangement, & assembly of all Content on this Site (the “Compilation”) belongs exclusively to YOGA 5D Enlighten Earth. All software used on this Site (the “Software”) is the property of YOGA 5D Enlighten Earth or its Software suppliers. The Content, the Compilation & the Software are all protected by Indian Copyright Law and international copyright laws. The use of any YOGA 5D Enlighten Earth trademark or service mark without YOGA 5D Enlighten Earth express written consent is strictly prohibited. You may not use any YOGA 5D Enlighten Earth trademark or service mark in connection with any non-YOGA 5D Enlighten Earth product or service or in any way that is likely to cause confusion. You may not use YOGA 5D Enlighten Earth’s trademarks or service marks in any manner that disparages or discredits YOGA 5D Enlighten Earth. You may not use any of the YOGA 5D Enlighten Earth trademarks or service marks in meta-tags without the prior explicit consent of YOGA 5D Enlighten Earth.
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorised use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of US $100,000.00 or Indian Rupees 75,00,000.00, whichever is greater, in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorised by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 or Indian Rupees 75,00,000.00, whichever is greater, plus costs and actual damages for violating this provision.
PRIVACY POLICY
YOGA 5D Enlighten Earth believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how YOGA 5D Enlighten Earth uses & collects information & protects your privacy.
REGISTRATION
If you wish to schedule an appointment with an advisory panel member on the Website, you will have to register on the Website and become a registered user (“YOGA 5D Enlighten Earth User”) prior to the completion of any transaction on the Website. To register onto the Website, a user will have to provide information such as his/her name, email address and phone number and create a username and password. You understand that YOGA 5D Enlighten Earth may introduce a fee for registration on the Website (“Registration Fees”). Registration Fees, if and when introduced shall be non-refundable. YOGA 5D Enlighten Earth may introduce special features which may be made available to YOGA 5D Enlighten Earth Users who pay Registration Fees. Registration is only a one time process and if YOGA 5D Enlighten Earth User has been previously registered, s/he shall login/sign into his/her account using the same credentials as provided during the registration process. We request you to please safeguard your password to your account on the Website and make sure that others do not have access to it. It is your responsibility to keep your account information safe and current. A YOGA 5D Enlighten Earth User may wish to schedule an consult through his/her account for his/her family members and friends. While a YOGA 5D Enlighten Earth User will be able to do this, please note that such YOGA 5D Enlighten Earth User will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
INTERACTION ON THE WEBSITE
You understand and agree that any interactions and associated issues with the advisors on the Website including but not limited to the medical outcomes and service issues, is strictly an advise . You shall not hold YOGA 5D Enlighten Earth responsible for any such interactions and associated issues. YOGA 5D Enlighten Earth is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the advisory panel you interact with. If you decide to engage with a member of the advisory panel to provide advisory services to you, you do so at your own risk.. YOGA 5D Enlighten Earth shall not be responsible for any breach of service or service deficiency by any panellist or healthcare provider. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of the panellists to fulfil their obligations in any transaction. We advise you to perform your own investigation prior to selecting any service on the website.
THIRD PARTY SERVICES
You understand that third party services may be made available by the YOGA 5D Enlighten Earth on the Website. Please note that in the event you choose to avail any such third party services that are made available on the Website, you will be absolutely and solely responsible for your interactions with such third party service providers. YOGA 5D Enlighten Earth shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. YOGA 5D Enlighten Earth hereby does not endorse the services of any third party service providers that are made available on the Website.
INFORMATION UPLOADED BY YOU ON THE WEBSITE
You understand that you may have the option of uploading your health / medical information on the Website in order to enable the advisor access to your previous medical history. While YOGA 5D Enlighten Earth takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Website is at your own risk. By uploading / sharing / disclosing your medical information on the Website, you hereby give your consent to YOGA 5D Enlighten Earth to store such health / medical information on YOGA 5D Enlighten Earth servers . YOGA 5D Enlighten Earth will retain such medical / health information you upload on the Website for as long as it is needed to fulfil the service you seek to avail on the Website. If you delete your account, YOGA 5D Enlighten Earth will delete such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
SHARING OF INFORMATION UPLOADED BY YOU ON THE WEBSITE
Unless you specifically consent to share information, medical or otherwise, with either advisor or third party service providers, YOGA 5D Enlighten Earth does not share such information that you upload on the Website. While YOGA 5D Enlighten Earth takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the Website is at your own risk. In the event you do not trust YOGA 5D Enlighten Earth with such information, please do not share such information on the Website.
While YOGA 5D Enlighten Earth endeavours to protect any information uploaded or shared by you on the Website, you understand that YOGA 5D Enlighten Earth shall not be held liable or responsible for the loss or damage to such information on the Website. It is your responsibility to ensure that you have all your information, medical or otherwise, stored on your hard drive. You hereby agree not to use the Website as a “data room” to store your medical / health or any records.
SMS Message and emails Received From the Website: You understand that once you register as a YOGA 5D Enlighten Earth User on the Website, you will receive SMS messages/ Emails from YOGA 5D Enlighten Earth on your registered mobile number/ Email address. These messages could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by YOGA 5D Enlighten Earth . Please note that YOGA 5D Enlighten Earth will send these SMS messages/ Emails only to the registered mobile number/ Email address or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter. Further, YOGA 5D Enlighten Earth may also send notifications and reminders to you with respect to appointments scheduled by you for the Services that you have subscribed to on the Website. Please note that while YOGA 5D Enlighten Earth endeavours to provide these notifications and reminders to you promptly, YOGA 5D Enlighten Earth does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is your responsibility to ensure that you attend any appointments that you may schedule with the advisor through the Website.
COLLECTION OF CONSULTATION FEES
You understand that YOGA 5D Enlighten Earth provides various Services with respect to the System. While some of these Services are provided for free, there are certain Services for which costs will be incurred by you, if you decide to avail such Services (“Paid Services”). In that case, YOGA 5D Enlighten Earth may provide billing services. Should you wish to avail those Paid Services, you acknowledge that YOGA 5D Enlighten Earth will collect the payment for such Paid Services for and on behalf of the advisory professional providing such services. You acknowledge and confirm that YOGA 5D Enlighten Earth shall not be liable for the treatment or be treated as the health care provider on account of such collection of the payments or for provision of such Paid Services, for any reason whatsoever.
CLINICAL SUPPORT INFORMATION
We may provide information to assist you in decision-making. This may include information and reminders concerning cosmetic products, allergies, application methods, new fashion as well as general health-care related information and resources.. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the Website by third parties are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that YOGA 5D Enlighten Earth is not responsible or liable for any claim, loss, or liability arising from the use of the information. We only recommend OTC ( Over the counter products) goods or services, and the appearance of materials on the Website relating to any such products, goods or services is not an endorsement of them. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.
SELECTING YOUR DOCTOR, CONSULTANT, COACH OR HEALTHCARE PROVIDER ON THE WEBSITE
The Website allows you to select and schedule appointments with doctors, consultants, coaches and health care providers registered with the Website and to whom certain specific terms and conditions apply. These terms and conditions can be accessed at www.yoga5d.com While choosing your doctor, consultant, coach or healthcare provider on the Website, you understand and accept that:
(a) You are ultimately responsible for choosing the service and YOGA 5D Enlighten Earth shall not be held responsible or liable for the selection of such advisory services and
(b) YOGA 5D Enlighten Earth will provide you with lists and/or profile previews of the advisors who may be suitable to deliver the advice that you are seeking based on information that you provide to YOGA 5D Enlighten Earth (such as area of specialty and geographical location). Please note that YOGA 5D Enlighten Earth does not make any representations or warranties with respect to these advisors or the quality of the services they may provide. YOGA 5D Enlighten Earth shall not be liable for any reason whatsoever for the services provided by the health care professional, consultant, coach or doctor, and we bear no liability for the consequences to you, or your use of the System or Services.
(c) Information regarding our advisors on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the advisor. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor YOGA 5D Enlighten Earth provides any advice or qualification certification about any advisor. You are encouraged to independently verify any such information you see on the Website with respect to an advisor that you seek to make an appointment with.
NO ADVISOR- PATIENT RELATIONSHIP
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals. The provision of such Information does not create a licensed advisor/patient relationship, between YOGA 5D Enlighten Earth and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with guidance on your queries.. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
NO MEDICAL ADVICE PROVIDED
Please note that we do not recommend or endorse any advisors procedures, opinions, or other Information that may appear on the Website. If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from YOGA 5D Enlighten Earth and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. All medically related information comes from independent health care professionals, sources and organisations which are registered with YOGA 5D Enlighten Earth and to whom certain specific terms and conditions apply. These terms and conditions can be accessed www.yoga5d.com. The Information provided on the Website and in any other communications from or provided through YOGA 5D Enlighten Earth is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional because of advice that you may have obtained through the Website. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be taken as the practice of medicine or the provision of medical care.
TERMINATION
YOGA 5D Enlighten Earth reserves the right, in the event you breach these Terms of Use stipulated herein, to suspend and/or terminate your access to the Website with or without your notice. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Website. Upon suspension or termination, your right to procure the Services on the Website shall immediately cease and the YOGA 5D Enlighten Earth reserves the right to remove or delete your information that is available with the YOGA 5D Enlighten Earth, including but not limited to login and account information.
LIMITATION OF LIABILITY
You expressly understand that under no circumstances, including, but not limited to, negligence, shall the YOGA 5D Enlighten Earth be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: The use or the inability to use the Website and / or Services; or The cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained through the Website and/or Services The cost of procurement of substitute goods and services resulting from any messages received or transactions entered into through the Website and / or Services; or Unauthorised access to or alteration of your transmissions or data; or Any other matter relating to the Website and / or services To the fullest extent permitted by law, in no event will the YOGA 5D Enlighten Earth or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the YOGA 5D Enlighten Earth has been warned of the possibility of such damages. Notwithstanding anything to the contrary in these Terms of Use, the YOGA 5D Enlighten Earth’s liability under these Terms of Use shall in no event exceed the Service fee amounts collected from you by www.yoga5d.com but excluding any amounts collected by it for and on behalf of the advisor as a collection agent, for the provision of any service by such professional.
BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:
You are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation.
All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
Your registration on the Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
Your personal and non-commercial use of this Website shall be subjected to the following restrictions.
You may not modify any content of the Website.
You may not decompile, reverse engineer, or disassemble the content.
You may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content
You will not.
Use the Service available on the Website for commercial purposes of any kind; or
Use the Website and/or services in any way that is unlawful, or harms the YOGA 5D Enlighten Earth or any other person or entity, as determined in the YOGA 5D Enlighten Earth’s sole discretion.
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component.
You will not impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and/or the Services.
You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “grieving” as those terms are commonly understood and used on the Internet.
You will not delete or modify any content of the Website and/or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
The YOGA 5D Enlighten Earth cannot and will not assure you that other YOGA 5D Enlighten Earth Users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and the YOGA 5D Enlighten Earth, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
All information, content and material contained in the Website and/or Services are the YOGA 5D Enlighten Earth’s intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the YOGA 5D Enlighten Earth. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the YOGA 5D Enlighten Earth’s express written permission.
You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the YOGA 5D Enlighten Earth and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that the YOGA 5D Enlighten Earth is not responsible for those sites. The YOGA 5D Enlighten Earth reserves the right to disable links from third-party sites to the Website, although the YOGA 5D Enlighten Earth is under no obligation to do so.
You expressly understand and agree that.
The information, content and materials on this Website and/or Services are provided on an “as is” and “as available” basis. The YOGA 5D Enlighten Earth and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The YOGA 5D Enlighten Earth does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
You hereby indemnify, defend, and hold the YOGA 5D Enlighten Earth, the YOGA 5D Enlighten Earth’s distributors, agents, representatives and other authorised users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.
APPLICABLE LAW
The interpretation of this Agreement and the resolution of any disputes arising under these Terms of Use shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at High Court of Bombay jurisdiction. Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the High Court of Bombay jurisdiction This site is created & controlled by YOGA 5D Enlighten Earth in Navi Mumbai, India. As such, the laws of India will govern these disclaimers, terms, & conditions, without giving effect to any principles of conflicts of laws.
ARBITRATION
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be High Court of Bombay jurisdiction. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
NOTICES
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally recognised courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision: YOGA 5D Enlighten Earth, Plot No G 130, Sector 12, Kharghar, Navi Mumbai 410210.
TERMINATION & EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, YOGA 5D Enlighten Earth may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to & use of the Site & YOGA 5D Enlighten Earth shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) & account identification issued to you & deny your access to & use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights & obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER & LIMITATION OF LIABILITY
This site, the products offered for sale on it & the transactions conducted through it are provided by YOGA 5D Enlighten Earth on an “as is” basis. YOGA 5D Enlighten Earth makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, YOGA 5D Enlighten Earth disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability & fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy & system integration. This site may include inaccuracies, mistakes or typographical errors. YOGA 5D Enlighten Earth does not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, YOGA 5D Enlighten Earth will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, YOGA 5D Enlighten Earth’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to YOGA 5D Enlighten Earth during the month immediately preceding the act allegedly giving rise to YOGA 5D Enlighten Earth’s liability.
INDEMNIFICATION
You agree to defend, indemnify & hold harmless YOGA 5D Enlighten Earth, & its directors, employees, agents, independent contractors, service providers & consultants from & against any third party claims, damages, loss, liability, costs & expenses (including, but not limited to, reasonable attorney’s fees) arising out of your use of the Site & any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against YOGA 5D Enlighten Earth &/or its independent contractors, service providers, or consultants, arising out of or relating to your use of the Site, any information or materials you submit, your violation of these Terms and Conditions of Use, or your violation of the rights of any third party.
LINKS
This site may contain links to other sites on the Internet that are owned & operated by third parties. You acknowledge that YOGA 5D Enlighten Earth is not responsible for the operation of or content located on or through any such site.
REMEDIES
You agree that YOGA 5D Enlighten Earth’s remedy at law for any actual or threatened breach of this Agreement would be inadequate & that YOGA 5D Enlighten Earth shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that YOGA 5D Enlighten Earth may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No instance of waiver by YOGA 5D Enlighten Earth of its rights or remedies under these terms & conditions shall imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW
This site is created & controlled by YOGA 5D Enlighten Earth in Kharghar, Navi Mumbai, India. As such, the laws of India will govern these disclaimers, terms, & conditions, without giving effect to any principles of conflicts of laws.
DISPUTES
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration Navi Mumbai, India except that to the extent you have in any manner violated or threatened to violate YOGA 5D Enlighten Earth’s intellectual property rights, YOGA 5D Enlighten Earth may seek injunctive or other appropriate relief in Indian law on electronic media. You hereby consent to, & waive all defences of lack of personal jurisdiction & forum non convenient with respect to venue & jurisdiction in Bombay high court jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned.
SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several & shall not affect the validity & enforceability of any remaining provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all damages incurred.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
LEGAL DISCLAIMER
YOGA 5D Enlighten Earth goods and services are inappropriate for treating beard and face disorders, mental sickness and emotional problems. The use of all goods and services is to support and help in overall health and wellness.
We do not claim to replace allopathy or psychiatry or any other medical treatment or prescription drugs.
Kindly consult a licensed dermatologist, trichologist, physician and psychiatrist before using our goods and services.
YOGA 5D Enlighten Earth, any of its members, employees, affiliates, associates, and consultants are not responsible for any damage caused to your body and mind due to the use of our products.
Kindly read all guidelines and instructions carefully.
CONTACT INFORMATION
Marketed & Manufactured by: YOGA5D Enlighten Earth
Head Office: Plot No: G 130, Sector 12, Kharghar, Navi Mumbai, Maharashtra
India 410210
Contact Number: +91-77-108-67-333
Contact Email: contact@yoga5d.com, All Rights Reserved.
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