Terms of Service

This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

GETON YOGA PRIVATE LIMITED, having its registered office at Door No.66/4970, (Old No.40/6584-G) 6th Floor, Alapatt Heritage Building, MG Road, Kochi- 682035 (“Company or “we or “us), is the owner of the website domain at www.yoga.in or www.online.yoga.in and all other variations of the same and as mobile applications available on the Google Playstore and App Store as [●] and [●] respectively (referred as “Platform).

The Company request User (as defined below) to carefully go through these terms & conditions (“Terms of Service or “Agreement or “TOS) prior to accessing to the Platform or availing Services (as defined below) using the Platform. If User continues to browse and use the Platform to avail Services, User irrevocably and unconditionally is agreeing to comply with, abide by and be bound by all these obligations as stipulated in this TOS, which together read with our privacy policy available at [●] (“Privacy Policy); and any other applicable policies referred to herein or made available on the Platform (collectively referred as “Terms and Conditions). The Terms and Conditions shall govern the Companys relationship with User in relation to the usage of the

Platform. These Terms and Conditions supersede all previous oral, written terms and conditions (if any) communicated to User and shall act as a binding agreement between Company and the User.

IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

1.Definitions

"Company," "we," "us," or our" means GetOn Yoga Private Limited and any other companies that are its subsidiaries and affiliates.

"Service(s)" means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.

User or “You shall mean any registered yoga practitioner or yoga institute of the Platform, or his/her representatives or affiliates who are registered on the Platform or any yoga institute who chooses to list their service on the Platform or any visitor on the Platform, as the case may be.

2. Updation of Terms and Conditions

Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time.

3. Service(s) provided to Users

General Description: As a visitor to the Platform, you may browse the courses listed on the Marketplace feature of the Platform by various yoga institutes. In order to register for these courses, you may choose to visit the website of the yoga institute whose course you choose to opt for or you may register directly via the Platform, if such option is available. Kindly note that the list provided in the Marketplace is exhaustive. The Courses may vary at the discretion of the yoga institute which you have opted.

Marketplace/Listing Services: Any yoga institute registered on the Platform may opt to list their yoga services (classes, programs, courses, retreats, camps etc.; collectively referred to as “Course) on the Platform or any of the affiliate websites of the Platform. Kindly note that the yoga institute need not make any payment to avail such service, however the features available to non-paying users shall be limited at the Companys discretion. The list of affiliate websites is a dynamic list and shall expand/contract at the sole discretion of the Company. By choosing to list their yoga service on the Marketplace, the yoga institute understands that such yoga service shall be listed on the websites of all existing and future affiliates. We take no responsibility for the

Business: We provide an online business management software designed specifically for businesses in the yoga and wellness industry. We will make the Software Service to which the yoga institute has subscribed as indicated in the Software Licensing Agreement available to such yoga institute, subject to the terms and conditions hereto.

4. Eligibility

By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents, or person with unsound mind etc. are not eligible to use the Platform. If you are a company registering on the Platform, you agree and acknowledge that you are fully competent to act and make representations on behalf of the company.

5. User Account Registration

User who are at least 18 years of age may create an account and purchase the Services. Any purchase of Services by anyone under 18 is expressly prohibited and by doing so you represent and warrant that you are 18 years or older. In order to use the Platform, you have to create an account (“Account) and in order to avail Services. However, if in case Services need to be availed by any minor, parents/guardian of such minor shall create an Account on behalf of such minor and shall be severally responsible for the acts and omissions of such minor.

  1. You can create an Account by using your email ID/phone number. Post entering your details (email ID/phone number) in the Platform, one-time verification shall be conducted by the Company. Post verification Account shall be created.

6. Platform License

  1. Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, nontransferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted herein.
  2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the TOS. The Platform and the intellectual property rights vested therein is owned by Company.

7. Fees

  1. Applicable to Users who are individual yoga practitioners:
    • The usage of the Marketplace feature is free of cost and Company is not charging any fees for usage of Platform. However, User shall be liable to pay fees for the Course which User desires to register (“Course Fee)., such payment may be made directly via the Platform or via the official website of the yoga institute as the case may be.
    • Payment against Fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform.
  1. Applicable to Users who are yoga institutes who wish to avail the GetOn Yoga Business Software Services:
    • You agree to Pay to us any fees for the Services availed by you, in accordance with the pricing and payment plans presented to you on the Platform. Payment against fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform. The Fees paid by you is non-refundable, except as provided in these Terms and Conditions.
    • Our Services can be availed as a subscription model (“Subscription). This means that when you choose to avail our Services, you will be billed on a periodic basis (“Billing Cycle). The Billing Cycle is typically on a monthly basis but is subject to change based on the Subscription plan availed by you. We reserve the right to alter/modify/suspend/discontinue any terms and conditions associated with the Subscription plan including but not limited to the period, rate, services included in the plan. Further, we shall give you notice of any change made to the features of the Subscription plan prior to the expiry of your current Billing Cycle.
    • Once you subscribe to a Subscription Plan, the auto-renewal feature is automatically activated. In order to cancel the auto-renewal feature you may do so by modifying your Account settings, in which case you may avail Services till the end of that Billing cycle.
    • We may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. We will provide you with advance notice of any change in fees.

8. Cancellation and Refund Policy

Company does not offer any refund/cancellation of the Services provided to the Users. Company does not offer any refund of Fees or the cancellation of the Course, except in case if the yoga institute offering the course has offered any refund/cancellation option at the time of registration to the yoga practitioner.

9. Use of Your Information and Content and other content displayed on the Platform

  1. If you create, transmit, submit, display or otherwise make available any information while using the Services, you may provide only information that you own or have the right to use. We may only use the information you provide as permitted by our Privacy Policy and applicable law. For example, we will never share your personally identifiable information without your prior permission. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Service by this reference.
  2. We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the Users data to be permanently deleted, irretrievable, or temporarily inaccessible.

10. Third Party Services

The Company shall provide Users to connect with third party service providers. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the Users own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such thirdparty vendors.

11. Rules and Conduct

  1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS, or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
  2. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of anothers privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.

Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Companys (or its third party providers) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

12. Alerts Provided by The Company

  1. The Company provides you with multiple automatic alerts while providing Services.
  2. You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

13. Contact You

You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:

  1. Informing you about our services or products, which you are interested in;
  2. Enquiring about your interest to subscribe or purchase any of our existing products or services for which you have expressed interest;
  1. Obtaining feedback in relation to any other Users listed on the Platform;
  2. Resolving any complaints, information, or queries related to Services and Platform; and
  3. You agree to provide your fullest co-operation further to such communication by Company.

By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to such feedback confidential.

14. Profile Ownership and Editing Rights

We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.

15. Rights and Obligation relating to the usage of the Platform

Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:

  1. violating or attempting to violate the integrity or security of the Platform;
  2. transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
  1. making any unsolicited communications to other Users;
  2. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
  3. circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.

The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.

We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.

16. Company and User Materials

While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Course, which may be in the form of audio, video, written and oral content (“Company Materials). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Companys written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a non-exclusive, non-transferable, nonsublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit various materials to Company in the form of audio/video/written (“User Materials). User hereby provides Company with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement.

17. Support

The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at [●].

The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.

The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the Users disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.

18. Termination

We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

19. Disclaimer

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS AND “AS AVAILABLE AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN

IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

APPLICABLE TO USERS WHO ARE INDIVIDUAL YOGA PRACTITIONERS: YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE REQUIRED TO CARRY OUT PHYSICAL ACTIVITIES AS PER THE DEMONSTRATIONS PROVIDED THROUGH THE COURSES MADE AVAILABLE TO YOU VIA THE PLATFORM. WE HEREBY DISCLAIM ANY FORM OF LIABILITY ARISING OUT OF ANY INJURY OR DISABILITY OR ANY INCAPACITATION CAUSED TO YOU ON ACCOUNT OF CARRYING OUT SUCH PHYSICAL ACTIVITIES AND YOU EXPLICITLY AGREE THAT YOU SHALL NOT HAVE ANY RIGHTS TO MAKE ANY CLAIM AGAINST US FOR SUCH INJURY/LOSSES. YOU AGREE AND UNDERSTAND THAT AS PART OF THE COURSES THAT MAY BE MADE AVAILABLE VIA THE PLATFORM YOU MAY BE REQUIRED TO UNDERTAKE PHYSICAL ACTIVITIES AS DEMONSTRATED THROUGH THE COURSES CONDUCTED BY THE YOGA INSTITUTES. COMPANY SHALL NOT BE RESPONSIBLE AND WILL NOT ACCEPT ANY LIABILITY FOR ANY DISABILITIES, INJURIES OR INCAPACITATION OR ANY OTHER HARM CAUSED TO YOU ON ACCOUNT OF YOUR PARTICIPATION IN THE

COURSE AND ON ACCOUNT OF FOLLOWING THE INSTRUCTIONS PURSUANT TO THE VIDEOS OR WORKSHOPS ON THE PLATFORM. COMPANY SHALL FURTHER NOT BE RESPONSIBLE FOR DEATH OF ANY PARTICIPANT WHICH MAY BE ATTRIBUTED EITHER DIRECTLY OR INDIRECTLY ON ACCOUNT OF YOUR PARTICIPATION IN THE COURSES AS OFFERED BY COMPANY ON THE PLATFORM. COMPANY WILL ALSO NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSSES (WHETHER DIRECT OR INDIRECT OR CONSEQUENTIAL OR INCIDENTAL) OR ANY DAMAGES SUFFERED BY YOU ON ACCOUNT OF YOUR PARTICIPATION IN THE COURSES OFFERED ON THE PLATFORM.

20. Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates/subsidiaries/joint venture partners employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY

(INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 1000/- (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

22. Exemptions to liability of Company

You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to: I. your failure to cooperate;

  1. your unavailability and/or unresponsiveness;
  1. your failure to provide or facilitate the submission of User Materials in timely manner; V. any event beyond Companys reasonable control.

23. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Kochi, Kerala, India and you hereby accede to and accept the jurisdiction of such courts.

24. Miscellaneous

  1. The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
  2. If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
  1. The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Companys prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
  2. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

25. Grievance Redressal Mechanism

Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Attention:

Email ID: [email protected]

Address: 6th Floor, Alapatt Heritage Building, Mg Road, Kochi, Kerala, 682035

26. Contact

If you have any questions regarding the Services or usage of the Platform, please contact Company at [●]. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.