Terms & Conditions
These Terms & Conditions (“Terms”) of (a) use of our website https://www.acharyaprashant.org (“Website”), our application ‘Acharya Prashant’ (“Application”) or services in connection with the Application/Website (“Services”) or any modes of registrations between PrashantAdvait Foundation (“Foundation/We/Us/Our”) and its users (“User/You/Your”).
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Please read the Terms and the privacy policy of the Foundation (“Privacy Policy”) with respect to registration with us, the use of the Application, Website and Services carefully before using the Application, Website or Services. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services, the provisions of the Terms shall prevail.
Your use/access/browsing of the Application or Website or the Services or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
If you do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services. Any access to our Services/Application through registrations/subscription is non transferable.
1.Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services are proprietary property of the Foundation/Acharya Prashant (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Foundation/Acharya Prashant and nothing on this Application or Website or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Foundation/Acharya Prashant, to the User. You may own the medium on which the information, content or materials resides, but the Foundation/Acharya Prashant shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Foundation/Acharya Prashant on such medium.
2.Your use of our Website, Application and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Services or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Application, Website and / or our Services shall be subjected to the following restrictions:
i.You may not decompile, reverse engineer, or disassemble the contents of the Application and/or our Website and/or Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and/or our Website and/or Services/products.
ii.You will not (a) use this Application and / or our Website and/or any of our or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application and / or Website/ and Services in any way that is unlawful, or harms the Foundation or any other person or entity as determined by the Foundation.
iii.No User shall be permitted to perform any of the following prohibited activities while availing our Application/Website/Services:
a. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
c. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
d. Interfering with any other person's use or enjoyment of the Application/Website/Services;
e. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
f. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
g. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
h. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
i. Access or use the Application/Website/Services in any manner that could damage, disable, overburden or impair any of the Application's/Website's servers or the networks connected to any of the servers on which the Application/Website is hosted;
j. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services, or engage in any activity prohibited by these Terms;
k. Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or Application/Website/Services accessible through the Application/Website/Services;
l. Interfere with, or inhibit any user from using and enjoying access to the Application/Website/Services, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services;
m. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services, to access, acquire, copy or monitor any portion of the Application/Website/Services, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;
n. Alter or modify any part of the Services;
o. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
p. Violate any of the terms specified under the Terms for the use of the Application/Website/Services.
3.In the preparation of the Application/Website/Services and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Foundation disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application/Webiste. Any feedback from User is most welcome to make the Application/Wesite and contents thereof error free and user friendly. Foundation also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Foundation does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4.Certain contents in the Application/Services/Website may contain opinions and views. The Foundation shall not be responsible for such opinions or any claims resulting from them. Further, the Foundation makes no warranties or representations whatsoever regarding the content, completeness, or adequacy, accuracy of such information and data.
5.Some parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. Users are advised to abstain from posting their personal information or making personal connections with other Users on the Application. The Foundation accepts no responsibility or liability for any material communicated by third parties in this way. The Foundation reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Application.
6.The Foundation may, based on any form of access to the Application or Services or Website or registrations through any source whatsoever, contact the User through sms, email and call, to give information about their offerings as well as notifications on various important updates. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Foundation indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to the Foundation, so that you may be contacted for information, offerings and promotions through telephone, SMS, email etc.
7.Upon registration through any means whatsoever, the Foundation may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Foundation to contact him/her, through the above mentioned means at any time post registration.
8.Subscription to the Application or registrations do not automatically entitle the User to any and all elements of Services provided by the Foundation and the Foundation shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
9.The Foundation shall have no responsibility for any loss or damage caused to any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our Services.
10.You have to specify the address to which the shipment has to be made at the time of purchase. All product(s) shall be delivered directly to the address as specified at the point of ordering and You cannot, under any circumstances whatsoever, change the address after the order is processed.Any inconsistencies in name or address will result in non-delivery of the product(s).
11.In order to access the Services and to avail the use of the Application, You shall be required to register yourself with the Application/Services, and maintain an account with the Application/Services. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, payment information (credit/debit card details) if required, and any other information deemed necessary by the Application. With respect to the provision of information, the following may be noted:-
a. It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest.
b. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Foundation of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Foundation, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
c. You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Foundation cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Foundation shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.
12.Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and/or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our Services. As a minor if You wish to use Our Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Foundation will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our Services that may occur by virtue of any person including a minor registering for the Services provided. By using the Services, You warrant that all the data provided by You is accurate and complete and that person using the Application has obtained the consent of parent/legal guardian (in case of minors). The Foundation reserves the right to terminate Your registration and / or refuse to provide You with access to the Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Foundation does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
13.You agree to defend, indemnify and hold harmless the Foundation, its Trustees, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Foundation; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
14.In no event shall the Foundation, its trustees, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.
15.In the event of Your breach of these Terms, You agree that the Foundation will be irreparably harmed and may not have an adequate remedy in money or damages. The Foundation therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Foundation's right to obtain such relief shall not limit its right to obtain other remedies.
16.Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Foundation can avail. In such instances, the Foundation may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
17.The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Noida and You hereby accede to and accept the jurisdiction of such courts.
18.The Foundation has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Foundation has the right to amend these Terms from time to time without prior notice to you. The Foundation makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Foundation shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
19.DISCLAIMER:
THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE FOUNDATION SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
THE VIDEOS POSTED ON THE WEBSITE AND APPLICATION ARE SOLELY AIMED AT BRINGING PEACE, CLARITY, AND UNDERSTANDING TO ONE'S LIFE.IT MAY, HOWEVER, INSPITE OF ALL OUR CARE, SOMETIMES HAVE AN UNNERVING EFFECT ON THE MIND OF A FEW USERS. HENCE, IT IS ADVISABLE THAT THOSE WHO ARE UNDER 18 YEARS OF AGE, OR HAVE CARDIAC OR PSYCHIATRIC AILMENTS,OR HAVE ANY OTHER RELEVANT CONDITION THAT MIGHT GET TRIGGERED UPON VIEWING, *MUST EITHER AVOID THE VIDEOS, OR EXERCISE ALL DUE CAUTION WHILE WATCHING THE VIDEOS. THE FOUNDATION UBDER NO CIRCUMSTANCES SHALL BE RESPONSIBLE FOR ANY KIND OF HARM OR LOSS CAUSED TO THE USER.
20.General Provisions:
a. Notice: All notices served by the Foundation shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Foundation should be sent to
[email protected].
b. Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between the Foundation and You with respect to Your access to or use of the Application, Website and the Services thereof.
c. Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Foundation's rights under the Terms are freely transferable by the Foundation to any third parties without the requirement of seeking Your consent.
d. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or 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 shall continue in full force and effect.
e. Waiver: Any failure by the Foundation to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Foundation of that provision or right.
f. Relationship: You acknowledge that Your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the Foundation.
g. The Foundation provides these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, the Foundation has given You a reasonable opportunity to review these Terms and that You have agreed to them.
21.Feedback:
a. Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Foundation is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Foundation for the feedback under any circumstances, unless specified.
b. Under no circumstances shall the Foundation be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application.
22.
Customer Care: We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at [email protected]23.Statutory and Regulatory disclosures:
Foundation is registered as Trust having 12A and 80G certificates.
24.Refund Policy: Donations made will not be refunded under any circumstances whatsoever.