These Terms and Conditions (“Terms & Conditions/Terms”) are legally binding between you ("You") and Isha Foundation ("We" or "Us") for your registration to participate in “In the Grace of Yoga” (“Program”) with Sadhguru during Mahashivratri 2023.
You agree that by registering for this Program and accessing the website www.isha.sadhguru.org ("Site"), You have read, understood, and agreed to be bound by these Terms & Conditions. If You do not agree with all of these Terms, then You are expressly prohibited from using the Site and you must discontinue use 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 & Conditions at any time and at Our sole discretion.
(i) The minimum age limit to participate in the Program is 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.
(ii) This program is only available for Indian participants and only Indian mode of payments will be accepted.
(iii) To register for the Program, You must provide complete and accurate details/information as asked for in the registration page.
(iv) Your registration for the Program will be complete only after You receive a confirmation e-mail, confirming Your registration and participation.
(v) The Program registrations are subject to availability.
(vi) You should ensure that You have logged in for the Pancha Bhuta Kriya session as per the communicated time. Late entries will not be allowed.
Below are a few guidelines to ensure You receive the Program in its totality and integrity:
To participate in the Program it will be mandatory for You to have compatible hardware, such as:
● laptop/desktop computer/mobile device.
● stable internet access with sufficient bandwidth (2mbps)/ adequate data pack. 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.
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.
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 go through Our Intellectual Property Rights section.
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.
There will be no refund under any circumstances.
For any further assistance, You can e-mail Us at firstname.lastname@example.org.
We reserve the right to allow admission into the Program and/cancellation of Your participation at Our sole discretion.
CODE OF CONDUCT:
You agree to behave in such a way as to create a safe, supportive, learning environment while at the Program. You agree not to smoke, drink alcohol or consume any hallucinogenic or banned drug. 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 or related Program immediately, and such Participants will not be eligible to receive a refund of any fees paid towards their participation in the Program. If You witness such behavior, please promptly contact the program volunteer in order to take appropriate action.
ASSUMPTION OF RISK:
You acknowledge and agree that Your attendance and participation in the Program is voluntary. Since attending any of the sessions could involve the physical activity of learning Yoga, 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:
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, teaching, 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:
1. 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.
2. 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.
3. 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.
4. engage in unauthorized framing of or linking to the Site.
5. trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords.
6. make improper use of Our support services or submit false reports of abuse or misconduct.
7. 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.
8. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
9. attempt to impersonate another user or person or use the username of another user.
10. sell or otherwise transfer Your profile.
11. use any information obtained from the Site in order to harass, abuse, or harm another person.
12. 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.
13. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
14. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
15. harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Site to You.
16. delete the copyright or other proprietary rights notice from any Content.
18. 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.
19. 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”).
20. 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.
21. disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Site.
22. use the Site in a manner inconsistent with any applicable laws or regulations.
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.
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 at least 14 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.
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 the You.
GOVERNING LAW AND DISPUTE RESOLUTION:
In the event of any dispute between the parties the courts of Chennai, Tamil Nadu, India shall have exclusive jurisdiction on such disputes. If there is any conflict between these terms and rules and/or specific Terms & Conditions appearing on this Site relating to specific material then the latter shall prevail. These Terms & Conditions and Your use of the Site are governed by and construed in accordance with the laws of India.
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.
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 of 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.
(i) In view of the recent outbreak of the Coronavirus, the Terms & Conditions listed herein are subject to change from time to time. Any modifications to the Terms & Conditions will be posted on this Site and shall be notified to You through e-mail. The modified Terms & Conditions shall also be binding upon You.
(ii) The Program is subject to changes as per the directions issued by the Government and the local health authorities from time to time.
(iii) You agree that Your failure to adhere to any of the Terms & Conditions set out above, or any other provision of these Terms & Conditions, shall constitute a breach of these Terms & Conditions on Your part which may result in the termination of Your access to this Site and/or participation in the program.
(iv) If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms & Conditions or use of the Site.
(v) You agree that these Terms & Conditions will not be construed against Us by virtue of having drafted them.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact Us at: email@example.com.