Terms and Conditions

TERMS OF USE

These terms of use (“Terms of Use”) mandate the terms on which the users access and register on the ‘Arhatstudio.in’ website operated by Spiritual Creatives LLP (hereinafter referred to as “We” or “Our” or “Us” or “Company” or “Arhat Sound Yoga Wellness Studio”), and theServices (as defined below), provided through the Website.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various 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.

Please read the Terms of Use and Privacy Policy (together hereinafter referred to as “Agreement”) carefully before using or registering on the website or accessing any material, information or Website Services through the Website. Your access to or use of the Website (even when You do not avail of or provide any services on the Website) or booking, purchase or availment of the Website Services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Website for other services.

Applicability

These Terms of Use applies to all the users of the Website including:

Any supplier of goods / services (whether an individual, professional or an entity, or similar institution) on the Website, directly or indirectly, including designated / authorized associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”);

An individual who accesses and registers on the Website and/or places a service request on the Website (“End-User”, “You”, “Your” or “Users”); or

Otherwise a user or visitor of the Website (“You” “Your” or “Users”).

Website Services

Website Services

Website Services shall include

Our Website services permits access to the Yoga studio, Therapy Room and online classes. You are eligible to use the Sound Healing, Yoga and Wellness Services only when You fulfil the following conditions:

You agree to abide by Fair Usage Policy mentioned below:

Acceptance of Terms of Use

Use of and access to the Website is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by the Company at its sole discretion and posted on the Website. By

The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. It shall be Your responsibility to check this Terms of Use periodically for changes. Your continued use of the Website following the posting of changes to this Terms of Use on the Website, will constitute Your consent and acceptance of those changes.

Eligibility to Use

The Website Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Website Services under the applicable laws.

The Company reserves the right to refuse access to the Website or Website Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.

Fees, Charges and Subscriptions

Payment Services

Use of Website

  • Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, revocable, limited privilege to access and use this Website and the Website Services.
  • You agree to use the Website Services, Website and the materials provided therein only:
    • for purposes that are permitted by the Terms of Use;
    • for purposes for which the Website Services are meant to be used; and
    • in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Website by the Company/other Users.
  • You agree not to access (or attempt to access) the Website and the materials or Website Services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Website.
  • You acknowledge and agree that by accessing or using the Website or Website Services or Content, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Website.
  • Further, You undertake not to:
    • defame, abuse, harass, threaten or otherwise violate the legal rights of others;
    • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
    • copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company;
    • conduct or forward surveys, contests, pyramid schemes or chain letters;
    • upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
    • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer or provide you undue advantage or benefit in availing services;
    • engage in any activity that interferes with or disrupts access to the Website or the Website Services or the Content (or the servers and networks which are connected to the Website);
    • attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the Website Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
    • probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website, to its source, or exploit the Content, Website or Website Services or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Website;
    • disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites
    • use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
    • use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
    • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
    • violate the Terms of Use contained herein or elsewhere; and
    • reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
  • Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any Content available on the Website, subject to the following conditions:
    • You may access the Content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
    • You may not modify or alter any of the Content available on the Website;
    • You may not distribute or sell, rent, lease, license or otherwise make any Content on the Website available to others; and
    • You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Website.

Intellectual Property Rights

  • The Website and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Website is owned and controlled by the Company and / or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
  • The Logos and service marks displayed on the Website (“Marks”) are the property of the Company andyou are not permitted to use the Marks without the prior consent of the Company.

Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

  • The Website, Website Services and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that
    • the Website or the Website Services or the Content will meet Your requirements or Your use of the Website or the Website Services will be uninterrupted, timely, secure or error-free;
    • the results that may be obtained from the use of the Website, or Website Services will be effective, accurate or reliable;
    • the quality of the Website or Website Services or Content will meet Your expectations; or
    • any errors or defects in the Website or Website Services or Content will be corrected. No advice or information, whether oral or written, obtained by You from the company or through use of the Website Services shall create any warranty not expressly stated in the Terms of Use.
    • the Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content.
    • the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of the Website or Website Services, either with or without your knowledge.
    • the Company has endeavoured to ensure that all the information on the Website is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Website Services.
    • The Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.
    • Further, the Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Company’s control.
    • You understand and agree that any material or data or Content downloaded or otherwise obtained through the Websiteis done entirely at Your own 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.

Indemnification and Limitation of Liability

  • You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees, and Vendors on the Website (“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) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use.
  • Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website or Website Services or Content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
  • In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Website, Website Services or Content on the Website. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
  • In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will 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 actual fees charged from You.
  • If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under applicable law.

Violation of the Terms of Use

  • You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/or Vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company and/or Vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances.
  • These remedies are in addition to any other remedies that the Company and/or Vendors obtaining may have at law or in equity. If the Company and/or Vendors takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Suspension and Termination

  • The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Website, your only recourse is to stop accessing the Website.
  • The Company may delist You or block Your future access to the Website if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.
  • If You or the Company terminate Your use of the Website, the Company may delete any Content or other materials relating to Your use of the Website Services and the Company shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.
  • You shall be liable to pay for any Website Services that you have already ordered till the time of termination by either party whatsoever.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.

Report Abuse and Grievance Redressal

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website or if You wish to report a grievance regarding Website or Website Services, please report the same to the following e-mail id: info@arhatstudio.in.

Communications

You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company, Vendors and other third parties relating to the Website Services provided through the Website. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to info@arhatstudio.in. However, this may limit the extent of Website Services that you can avail.

General Provisions

Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Website. Any notice provided to the Company pursuant to the Terms of Use should be sent to info@arhatstudio.in with subject line – Attention: TERMS OF USE.

Assignment : You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent

Severability : If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver : Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

IP Infringement

  • If You believe the Website or any of the Website Services violates Your intellectual property, You must promptly notify the Company in writing at info@arhatstudio.in.
  • These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Website. You are required to provide the following details in Your notice:
    • the intellectual property that You believe is being infringed;
    • the item that You think is infringing and include sufficient information about where the material is located on the Website;
    • a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Website;
    • Your contact details, such as Your address, telephone number, and/or email;
    • a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
    • Your physical or electronic signature.

General Code of Conduct:

  • Kindly remain calm and composed during Sound healing / Yoga sessions.
  • Please arrive at least 10 minutes before the group classes to settle yourself for the class. Late arrivals might lead to cancellation of session without refund of fee.
  • Speaking in high pitch voice is not allowed in the studio and studio manager / yoga teacher / healer reserves the right to caution a person speaking too loudly in the studio.
  • Please be respectful towards others present in the studio including yoga teacher(s), healer(s) studio manager and any other working staff. Yoga Teacher(s)/healer(s)/ studio manager/company reserves the right to ask to leave and company reserves the right to terminate membership in case of any rude or disrespectful behaviour towards others attendees and or staff.
  • Please keep your phone on complete silent while in studio. Use of mobile phones during the yoga class / sound healing sessions is strictly prohibited.
  • Please wear breathable, comfortable and light coloured clothes during sound healing sessions.
  • Please wear breathable, comfortable workout clothes during yoga sessions.
  • Please ensure that you are well hydrated before the class.
  • The participants will not be allowed to continue the yoga classes / sound healing if they are medically unfit. The company / yoga teacher /healer/ studio manager or any staff / directors / vendors etc will not be legally responsible for any undergoing health issue whether communicated or not communicated in advance.
  • You understand that we are not doctors and we are not responsible for any aspect of your health. We are wellness services and we only support and guide a holistic way of living. You have voluntarily accepted our services with this clear understanding. All medical issues are to be discussed and be take care of strictly by licenced medical practitioners and the company is notlegally responsible for any health issues / injuries etc caused in any manner during the sessions.
  • You are responsible to use the property of the studio with utmost caution and respect. The company reserves the right to claim any damages made to the property by unsolicited use of its spaces , property , yoga or sound healing accessories and or instruments.
  • All sound healing instruments / yoga mat and yoga accessories provided at the studio are property of the company and participants have no right on them except to be used for such purposes during the yoga / sound healing sessions.
  • The participants will be legally liable to reimburse in full any yoga accessories damaged due to unsolicited use of them, company reserves the right to terminate membership and use the balance remaining in membership to be included but not limited to in the recovery of damage.
  • The sound healing instruments are extremely fragile and expensive. The participants are not allowed to touch any sound healing instruments unless allowed by the healer in their presence. The participants are legally liable to pay in full the cost of any sound healing instruments damaged due to non adherence of these guidelines.