These Terms of Use ( “Terms & Conditions/Terms” ) constitute a legally binding agreement made between You (“You”) and Isha Foundation Australia Inc (“We,” “Us” or “Our”), concerning Your access to and use of the website www.isha.sadhguru.org (the “Site”) for Your registration to participate in Project Samskriti  (“Program”). 

You agree that by accessing the Site, You have read, understood, and agree to be bound by all of these Terms of Use. If You do not agree with all of these Terms of Use, then You are expressly prohibited from using the Site and You must discontinue to use the Site immediately.

You hereby represent and warrant that You are competent to enter into these Terms. You confirm that You have read, understood and agreed to these Terms. We reserve the right to revise the Terms and Conditions at any time and at our sole discretion.

USER REGISTRATION:

The minimum age limit to participate in the Program is as follows: 

Music (Songs and Chant) Program: 7 years

Kalaripayattu Program: 14 years

Classical Dance: 14 years

But no one under 18 years shall register for the Program on his/her own or provide any personal information in this regard without parental consent

It is mandatory to attend all the sessions to be able to continue with the Program.  Failure to attend any session will make you ineligible to continue with the Program.  We have a right to terminate your participation at our sole discretion.

In order to participate in the Program, you may be required to register and create an account. You will receive account confirmation through the email address you provide during registration details.

When you register for the program, you are agreeing to: (i) provide true, accurate, current, and complete information about yourself and (ii) maintain and promptly update your registration information to keep it true, accurate, current, and complete. 

We have a right at our sole discretion to immediately suspend or terminate your account and refuse any and all current or future participation in the Program (or any portion thereof) if:

You provide any information that is untrue, inaccurate, not current, erroneous or incomplete; or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete; or

You are responsible for maintaining the confidentiality of your account credentials and shall not share it with anyone. 

Your registration for the Program will be complete only after You receive a confirmation email, confirming Your registration and participation.

The Program registrations are subject to availability and we shall not be liable in case You are not able to register for the Program. 

You should ensure that You have logged in for the Program as per the communicated time.  Late entries will not be allowed. 

The videos will be available for 23hr in archives after the live session is completed (Applicable only for Music Program). 

PROGRAM GUIDELINES:

Below are a few guidelines to ensure You receive the Program in its totality and integrity:

Technical Requirements:

Hardware requirements:

To participate in the Program it will be mandatory for You to have compatible hardware, such as:

Laptop/desktop computer/mobile device with camera.

Stable internet access with sufficient bandwidth (2mbps)/ adequate data pack (approx 1 GB/session). A Wi-Fi or wired internet connection is recommended.

It is best to connect through a laptop or desktop computer and to keep Your phone switched off. Please ensure that the device You use for the Program is kept on charge for the entire duration of the Program. It is recommended not to use tablets and smartphones as the Program video may not support these devices.

Software requirement: 

For Songs and Chants Program:

Google Chrome version 85 or later is recommended.

Please ensure that all Your hardware and software are fully functional, prior to the start of the Program.

We will not be responsible for any equipment or network malfunctions or service disruptions from Your end that may affect Your session.

For Kalaripayattu and Classical Dance:

To participate in the Kalaripayattu or Classical Dance Program it will be mandatory for You to have compatible software hardware, such as:

Install Zoom app and sign up/register for a zoom account.

Please ensure that all Your hardware and software are fully functional, prior to the start of the Program. 

We will not be responsible for any equipment or network malfunctions or service disruptions from Your end that may affect Your session.

All participants for all the sessions will be required to: 

Be on camera so that we can support You with Your practices;

Have Your computer webcam and microphone enabled during all the sessions and You should be fully visible on camera;

Ensure there is sufficient lighting in the room, so that You’re clearly visible.

Note: You are expressly prohibited from photographing, screen-shotting, screen-recording and/or recording, by video or audio, any part of the Program for any purpose whatsoever. Please read through Our Intellectual Property Rights section.

CO-INSTRUCTOR (For Kalaripayattu and Classical Dance Participants Only):

By accepting this Agreement, You agree to allow a co-instructor to monitor Your participation in the Program.

When You participate in the Program:

You are required to keep Your webcam turned on so the co-instructor can ensure that a conducive atmosphere is maintained during the session.

You agree to maintain audio and video contact with the co-instructor during the session.

You acknowledge and understand that nothing will be recorded by the proctor at any time during the session or during any interaction between the participant and the co-instructor.

You acknowledge and understand that the proctor shall have the right to terminate Your participation if they experience or observe any conduct that is deemed to be vulgar, offensive, disruptive, abusive, criminal, or otherwise inappropriate.

CREATING A CONDUCIVE ATMOSPHERE (For Kalaripayattu and Classical Dance Participants Only):

Participants must attend all sessions.

Please ensure that You join each session at least 15 - 20 minutes ahead of the scheduled time.

An area of 10 feet by 5 feet would be required to participate in the class.

It is important that You sit in a quiet, private space alone for the entire duration of the session.

Ensure to wear comfortable clothes that allow free movement. Kurta/ Pyjama or Tshirt/ Tracks are okay. Please avoid wearing a saree. Cotton clothing is best. 

Ensure there is a gap of at least 2.5 hours between your meal and the session.

Be well hydrated before the class begins. Food, water and beverages should be strictly avoided during the session. 

There should be no external disturbances or interruptions (like using the restroom, taking calls or checking messages). If You have children or pets who might disturb You, please ensure they are taken care of.

If any family members have registered and are attending this program, please ensure they are in a separate physical space and each of You have logged in separately to the sessions.

Both during and after the class time, avoid allowing others to do the practices along with You. 

Refrain from teaching the practices to anyone else. Teaching  without proper training and guidance may lead to injuries.

HEALTH GUIDELINES (For Kalaripayattu and Classical Dance Participants Only):

You understand that Project Samskriti  offers the Program includes physical exercises, involving muscular movements and requires a certain degree of physical fitness and agility. It may cause or aggravate a physical injury, medical condition, and You  represent and warrant that You are physically fit enough to participate in such a Program.

You agree and undertake that You do not have any of the following conditions: 

History of fainting, fits, stroke, angina, heart attack, spinal problems, uncontrolled bleeding of any kind, chronic fatigue, uncontrolled diabetes, uncontrolled hypertension, active glaucoma, retina problems, severe nutritional deficiencies, active rheumatologic problem; 

Major surgery in past 6 months, minor surgery in the past 3 months; 

COVID-19 infection in the last 3 months, active post COVID-19 symptoms. 

My Body Mass Index (BMI) is below 30

You understand that for anyone with these conditions, this Program is contraindicated and can be harmful to the health of such a person. You understand that even if You have other conditions apart from those listed, it is Your responsibility to consult a healthcare provider and certify Yourself to be fit enough for the Program prior to enrolling in this Program.  If You have done so, You represent and warrant that You are  following Your healthcare provider’s advice.  You further represent and warrant that You understand Your physical limitations and that You are sufficiently self-aware to stop or modify Your participation in the Program before You become injured or aggravate a pre-existing condition.

If You have an acute or aggravated mental health condition, then You understand that You must consult with a professional mental healthcare provider before registering for or participating in the Program, and You represent and warrant that You have done so and are following Your healthcare provider’s advice. 

In consideration for being permitted to participate in the Program, You agree to assume full responsibility for any risks, injuries, or damages, known or unknown, that You might incur as a result of participating in the Program.

In further consideration for being permitted to participate in the Program, You hereby knowingly, voluntarily, and expressly waive any and all claims, liabilities, demands, expenses, fees, legal actions, rights of action for damages, personal injury, mental suffering and distress, or death (“Claims”), including legal fees or expenses, that You may suffer or that Your spouse, parents, children, or unborn children may suffer in connection with Your participation in the Program.  You agree to indemnify, release, and hold harmless Isha Foundation, including its trustees, representatives, teachers, instructors, co-instructors, presenters, facilitators, employees, agents, volunteers, and independent contractors (collectively, the “Indemnified Parties”), from and against any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on Your behalf, even if the Claim is alleged to or did result from the negligence of any of the Indemnified Parties or anyone else.

To the full extent permitted by law, You and Your legal heirs or legal representatives forever release, waive, discharge, and covenant not to sue any of the Indemnified Parties for any Claim caused by any negligence or other acts of the Indemnified Parties.

SAFETY GUIDELINES (For Kalaripayattu and Classical Dance Participants Only):

Make sure Your flooring does not have a slippery surface (outdoor spaces like ground, backyard, rooftops etc. is preferred)

Do the practices to the extent it is comfortable for You. Do not push Yourself beyond the point of comfort. 

In case of any medical history, please mention in the registration form and consult with the teacher before beginning the class. 

Pregnant women should not practice Kalaripayattu or Classical Dance. 

If You develop any of the following health conditions after registration, You must inform us, as soon as possible:

You suffer from any [new] injury, illness or other medical condition;

You feel any pain or discomfort during Kalaripayattu or Classical Dance; or

You feel that any exercise included in Kalaripayattu or Classical Dance would be unsafe or uncomfortable for You.

We may in our sole discretion prohibit You from participating in the Program if we feel that Your health situation is not conducive for attending the Program.

Injuries or benefits

We exclude all representations, warranties, undertakings and guarantees relating to Our Program. We do not represent, warrant, undertake or guarantee:

that You will not suffer from any injury arising directly or indirectly from our Program;

that Your fitness will measurably improve as a result of participation in the Program.

PAYMENT:

The payment must be made in full, according to the chosen category, before the commencement of the Program.

We accept the following mode of payments, i.e. cards, Net Banking, e-wallets & UPI.

In the event the prerequisites as mentioned in these Terms & Conditions are not fulfilled, We reserve the right to cancel Your registration and the refund will be done as per the cancellation and refund policy provided below.

REFUND POLICY:

Program cancellations and refunds will be subject to a 20% admin fee. No refunds will be allowed once the Program has started. Cancellation requests submitted after attending one session will not be honoured. Transfer to a future Program can be availed within 12 months and will be subject to 15% admin fee. Transfers can be made only towards another future dated Program. Transfers to a different program offered by Us will not be honoured. For all transfers, the Program is to be taken within the next 12 months from the date of transfer and will be subject to 15% admin fee. Refund processing time is 3-4 weeks.

ADMISSION:

We reserve the right to allow admission into the Program and/cancellation of Your participation at Our sole discretion. 

TERMS OF USE FOR THE WEBSITE:

By accessing this Website you are agreeing to the terms of this Terms & Conditions as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms & Conditions, please cease visiting our Website and do not use our Programs, Classes and Services.

These Terms & Conditions are subject to changes and/or updates, and we are not bound to provide notice of such changes or updates. We reserve the right to make changes or updates at any time and hereby informs all Visitors that the burden is on the Visitor to check the Terms & Conditions for updates from time to time. By continuing to use the Website and the content we produce, you agree to be bound by the most updated version of the Terms & Conditions, whether or not you have read it.

VOLUNTARY PARTICIPATION:

Visitor acknowledges that participation in our Classes, Programs, Services and Program Materials and visiting our Website is done voluntarily and that you alone are 100% solely and personally responsible for your participation in our Website, Products, Classes Programs, Services and Program Materials and for any outcomes or results that result therefrom (whether positive or negative). You acknowledge that you have or will use your own due diligence and judgment before implementing any knowledge or information you received from our Website, Products, Classes, Programs, Services or Program Materials is not responsible for any action you may choose to take regarding any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any financial harm, physical injuries or any negative ramifications. Visitor acknowledges that the information contained on this Website is intended as general information only and you agree that any decisions you make to implement or follow anything you find on the Website are wholly your own

CODE OF CONDUCT:

You agree to behave in such a way as to create a safe, supportive, learning environment while in the Program. You agree not to smoke, drink alcohol or consume any hallucinogenic or banned drug while attending the Program. You agree not to engage in disruptive speech or behavior or otherwise interfere with the Program or other individuals’ participation in the Program. You will comply with all applicable laws and agree not to engage in any form of harassing, offensive, discriminatory or threatening speech or behavior, including relating to race, gender, sexual orientation, religion or disability. Participants engaging or threatening to engage in such behavior will be requested to leave the Program immediately, and such Participants will not be eligible to receive a refund of any fees paid towards their participation in the Program. 

ASSUMPTION OF RISK: 

You acknowledge and agree that Your attendance and participation in the Program is voluntary. You agree to assume the risks associated with attending and participating in the Program to the fullest extent permitted under applicable law. To the extent permissible by law, You agree to indemnify Us against any and all claims, actions, losses and damages arising out of or relating to Your participation in the Program.

INFORMATION ABOUT YOU: 

You consent to the collection and use of Your personal information that You provide in connection with the Program, by Us. We will use Your information to send details and announcements related to the Program to You. Any personal information that You provide to Us online will be handled in accordance with the laws and regulations of India. We are committed to protecting Your personal information and Your right to privacy. Our Privacy Policy governs the privacy policies of Our Site. You agree that We may use any information that We obtain about You in accordance with the provisions of Our Privacy Policy. Please read Our Privacy Policy carefully as it will help You make informed decisions about sharing Your personal information with Us.

INTELLECTUAL PROPERTY RIGHTS:

Unless otherwise indicated, the Site is Our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by Isha, and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided on the Site “as-is” for Your information and personal use only. Except as expressly provided in these Terms & Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, screen-shotted, photographed, screen-recorded, encoded, translated, transmitted, distributed, downloaded, edited, broadcasted, transferred, taught, used, sold, licensed, or otherwise exploited for any commercial or non-commercial purpose whatsoever, without Our express prior written permission. Provided that You are eligible to use the Site, You are granted a limited license to access and use the Site to which You have properly gained access solely for Your participation in the Program. We reserve all rights not expressly granted to You in and to the Site, the Content and the Marks.

PROHIBITED ACTIVITIES WHILE USING THE SITE: 

You may not access or use the Site for any purpose other than that for which We make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us.

As a user of the Site, You agree not to:

systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.

make any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.

circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

engage in unauthorized framing of or linking to the Site.

trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords.

make improper use of Our support services or submit false reports of abuse or misconduct.

engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

attempt to impersonate another user or person or use the username of another user.

sell or otherwise transfer Your profile.

use any information obtained from the Site in order to harass, abuse, or harm another person.

use the Site as part of any effort to compete with Us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Site to You.

delete the copyright or other proprietary rights notice from any Content.

copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or uses or launches any unauthorized script or other software.

disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Site.

use the Site in a manner inconsistent with any applicable laws or regulations.  

SITE MANAGEMENT: 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms & Conditions; (2) take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms & Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Contributions or any portion thereof; (4) in Our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; (5) otherwise manage the Site in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Site. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms & Conditions will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. 

DISCLAIMER:

The Site is provided on an as-is and as-available basis. You agree that Your use of the Site services will be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the Site and Your use thereof, including, without limitation, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to this Site and We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Site, (3) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and We will not be a party to or in any way be responsible for monitoring any transaction between You and any third-party providers of products or services.

LICENSE TO USE ITEMS: 

In consideration of the opportunity to participate in the Program, You grant Us an irrevocable, non-exclusive, royalty-free right and license throughout the world and in perpetuity to reproduce, edit, publish, distribute or translate, for promotional/educational purposes, all or any part of the following items ("Items"): (a) all still photographs (b) all audio and video recordings in connection with the Program. You consent to the use of the Items pursuant to the foregoing in perpetuity without compensation (unless prohibited by law) or additional consents from You and waive any moral rights You may have in the Items

WAIVER OF LIABILITY: 

In consideration of being allowed to register for, and participate in the Program, You hereby warrant and represent that You are below 18 years of age with parental consent or above 18 years of age and freely waive, release from liability, assume all risks, and covenant not to sue Us or Our members, employees, board members, agents, or volunteers for any expense, loss, damage, personal injury, including loss of life, disability, property damage, or property theft or actions of any kind that You may hereafter suffer or sustain before, during, or after the Program, unless said expense, loss, damage, personal injury, including loss of life, disability, property damage or property theft or actions of any kind is caused by the sole, gross negligence of Us. This Waiver of Liability is specifically binding upon Your heirs and assigns and is knowingly given by You.  

FORCE MAJEURE:

In the event that it is made impossible or impracticable or illegal to proceed with or carry out this Program in whole or in part, due to any natural calamity, general or specific order of government, fire, casualty, flood, earthquake, war, strike, demonstrations, lockout, pandemic, epidemic, destruction of its facilities, riot, insurrection, power disruption, technical difficulties, internet connectivity, materials unavailability, or any other cause(s) beyond reasonable control and as a result thereof, there may be delay, postponement, rescheduling, termination and/or cancellation of this Program, and We will not be liable for any losses or damages incurred by You.

GOVERNING LAW AND DISPUTE RESOLUTION:

Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the State of Victoria.

LIMITATIONS OF LIABILITY: 

In no event will We or Our subsidiaries, affiliates, and all of Our respective officers, volunteers, agents, partners, teachers, trustees, founder and employees be liable to You or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from Your use of the Site, even if We have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Our liability to You for any cause whatsoever and regardless of the form of the action, will at all times be limited to the cost of the Program.

INDEMNIFICATION:

You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, volunteers, agents, partners, teachers, trustees, founder and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of Your participation in the Program and/or breach of these Terms & Conditions. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.