TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern the access to and use of the website https://acharyaprashant.org (“Website”), the mobile application “Acharya Prashant” (“Application”), and all related products, services, events, programmes, communities, wisdom sessions, subscriptions, donations, merchandise, digital offerings and other services provided by PrashantAdvait Foundation (“Foundation”, “PAF”, “we”, “us”, “our”).
By accessing, browsing, registering on, subscribing to, participating in, or otherwise using the Website, Application, or Services, You (“User”, “Participant”, “You”, “Your”) acknowledge that You have read, understood and agreed to be bound by these Terms, the Privacy Policy, and any additional guidelines or policies issued by the Foundation from time to time. Where the processing of personal data requires consent under applicable law, such consent shall be sought separately through appropriate consent mechanisms made available by the Foundation.
If You do not agree with these Terms or the Privacy Policy, You must discontinue use of the Website, Application and Services immediately.
ELIGIBILITY
1.1 The Services are intended for individuals who are competent to contract under the Indian Contract Act, 1872.
1.2 Individuals below 18 years of age may access or participate in the Services only through or under the supervision of their parent or lawful guardian and subject to such additional conditions as may be prescribed by the Foundation.
1.3 Where the Foundation permits participation by minors, the parent or lawful guardian shall provide verifiable consent for the collection and processing of the minor’s personal data as required under applicable law.
1.4 The Foundation reserves the right to deny, suspend or terminate access where eligibility requirements are not satisfied.
ACCOUNT REGISTRATION
2.1 Certain Services may require registration and creation of an account.
2.2 You agree to provide accurate, complete and updated information at all times.
2.3 You are solely responsible for maintaining confidentiality of Your login credentials and for all activities conducted through Your account.
2.4 You shall immediately notify the Foundation of any unauthorised use of Your account.
2.5 The Foundation may suspend or terminate accounts where misuse, fraud, security concerns or violations of these Terms are suspected.
2.6 Subject to applicable law, Users may request deletion of their account and associated personal data in accordance with the Privacy Policy. The Foundation may retain certain information where retention is required under applicable law, for enforcement of legal rights, prevention of fraud, dispute resolution, security purposes, or other lawful purposes.
USE OF SERVICES
3.1 The Website, Application and Services are intended solely for personal, non-commercial use unless otherwise expressly authorised.
3.2 You shall not:
(a) reproduce, distribute, modify, reverse engineer or commercially exploit any portion of the Services;
(b) use the Services in violation of applicable laws;
(c) interfere with the operation or security of the Services;
(d) harvest personal information of other users without authorisation;
(e) impersonate any individual or entity;
(f) upload malicious software or code;
(g) engage in automated scraping, crawling or extraction of content;
(h) infringe intellectual property rights of any person;
(i) use the Services in any manner detrimental to the Foundation, its users or third parties.
USER GENERATED CONTENT
4.1 You retain ownership of content uploaded by You.
4.2 By submitting any content, You grant the Foundation a non-exclusive, worldwide, royalty-free, transferable and sub-licensable licence to host, store, reproduce, adapt, modify, display, publish, distribute and otherwise use such content in connection with the Services and the Foundation’s educational, awareness and outreach activities.
4.3 You represent that You possess all rights necessary to upload such content.
4.4 The Foundation reserves the right to remove, moderate, edit, restrict or delete any content at its sole discretion.
4.5 Users may report objectionable or unlawful content through the mechanisms made available by the Foundation. The Foundation shall review such reports and may take such action as it deems appropriate in accordance with applicable law and internal policies.
PROHIBITED CONTENT
Users shall not upload, transmit or otherwise make available any content which:
(a) is unlawful, defamatory, obscene, abusive, hateful or threatening;
(b) infringes privacy or intellectual property rights;
(c) promotes violence or criminal activity;
(d) contains malware or malicious code;
(e) constitutes harassment, bullying or stalking;
(f) violates applicable law.
COMMUNICATIONS, CONSENT, OUTREACH AND NOTIFICATIONS
6.1 The Foundation may communicate with Users through telephone calls, SMS, e-mail, messaging platforms (including WhatsApp or similar services), in-application notifications, website notifications, communication interfaces, digital channels, or such other communication methods as may reasonably be used from time to time for purposes including:
(a) account administration, account authentication and account management;
(b) provision, operation, maintenance, support, security and improvement of the Services;
(c) registration confirmations, transaction confirmations, payment updates, customer support and service-related assistance;
(d) coordination, administration and facilitation of programmes, Wisdom Sessions, Events, communities, subscriptions, Merchandise-related offerings and other activities associated with the Foundation;
(e) security alerts, legal notices, policy updates and other communications reasonably necessary for the effective administration and operation of the Services;
(f) educational, reflective, awareness, outreach, engagement and community-building activities reasonably connected with the objectives, mission and activities of the Foundation; and
(g) such other purposes as may be disclosed in the applicable Privacy Policy, Service-Specific Terms, consent notice or other applicable notice.
6.2 By registering for, subscribing to, participating in, signing in to, purchasing, interacting with, accessing, browsing, or otherwise using the Application, Website or Services, Users acknowledge and consent to receive service-related, operational, transactional, security, support and other communications reasonably necessary for the provision, administration and continued delivery of the Services.
6.3 Subject to applicable law and any consent requirements prescribed thereunder, the Foundation and/or, where applicable, may also send educational, outreach, awareness, engagement, promotional or community-related communications relating to the Services, programmes, Events, educational content, reflective content, Merchandise, Subscription Services and other offerings associated with the Foundation, subject to obtaining any consent, opt-in, preference registration or other authorisation required under applicable telecommunications, data protection or other applicable laws.
6.4 Where consent is required under applicable law, Users may be required to expressly provide consent, including through consent checkboxes, account settings, consent notices, click-wrap mechanisms, or such other mechanisms as may be made available by the Foundation from time to time, in order to receive certain communications referred to in Clauses 6.1 and 6.3.
Where such consent is provided, Users consent to receive communications through email, telephone calls, SMS, messaging platforms (including WhatsApp or similar services), in-application notifications, website notifications, communication interfaces, digital channels, or such other communication methods as may reasonably be used from time to time, subject always to applicable law, these Terms, the Privacy Policy and applicable Service-Specific Terms.
Unless withdrawn earlier by the User in accordance with these Terms or applicable law, such consent shall remain valid for a period of three (3) years from the date on which it is provided, subject always to applicable telecommunications, data protection and other applicable laws and the User’s continuing right to withdraw consent at any time.
6.5 The Foundation shall maintain records of consents obtained from Users where required under applicable law and shall process communications in accordance with applicable telecommunications, data protection and other applicable laws.
6.6 Users may withdraw consent to receive non-essential, promotional, outreach-related, awareness, engagement or community-related communications at any time through available unsubscribe mechanisms, communication preferences, account settings, or by contacting the Foundation through the designated contact channels.
Withdrawal of consent shall not affect communications that are reasonably necessary for the provision, administration, operation, security, maintenance or continued delivery of the Services, compliance with legal obligations, enforcement of rights, prevention of fraud or resolution of disputes, to the extent permitted under applicable law.
6.7 The Foundation shall make reasonable efforts to honour communication preferences and opt-out requests within a reasonable period in accordance with applicable law.
6.8 Nothing contained herein shall be construed as limiting the Foundation’s right to communicate with Users where such communication is necessary for the performance of the Services, compliance with legal obligations, protection of legitimate interests, prevention of fraud, enforcement of rights, or otherwise permitted under applicable law.
PRIVACY AND PERSONAL DATA
7.1 The collection, use, storage, disclosure, transfer, retention and deletion of personal data shall be governed by the Privacy Policy and applicable privacy notices.
7.1A In addition to these Terms and the Privacy Policy, the Foundation may issue collection-specific, service-specific, event-specific or feature-specific privacy notices from time to time. Such notices shall supplement these Terms and the Privacy Policy and shall govern the processing of personal data in relation to the relevant activity, programme, event, feature or Service.
7.2 The Foundation shall process personal data only for the purposes specified in the applicable Privacy Policy, privacy notice, consent notice, Service-Specific Terms, or for such other lawful purposes as may be permitted under applicable law. Such purposes may include provision and administration of the Services, compliance with legal obligations, security, fraud prevention, grievance redressal, community administration, customer support, educational and outreach activities, and other purposes disclosed to Users in accordance with applicable law.
7.3 In case of inconsistency between these Terms and the Privacy Policy with respect to personal data processing, the Privacy Policy shall prevail.
7.4 The Foundation shall not retain personal data for longer than is necessary to fulfil the purposes for which such personal data was processed, unless retention is required or permitted under applicable law, for enforcement of legal rights, prevention of fraud, resolution of disputes, or such other lawful purposes as may be set out in the Privacy Policy. Upon expiry of the applicable retention period or where the purpose for processing is no longer being served, personal data shall be deleted, anonymised, or archived in accordance with applicable law and the Foundation’s internal policies.
7.4A The Foundation may anonymise or de-identify personal data in accordance with applicable law and may use such anonymised or de-identified information for research, analytical, statistical, educational, operational, service improvement or other lawful purposes.
7.5 The Foundation shall implement reasonable technical and organisational safeguards designed to protect personal data against unauthorised access, disclosure, alteration, loss, destruction or misuse, in accordance with applicable law. However, while the Foundation endeavours to safeguard personal data, no method of transmission over the internet or electronic storage is completely secure and the Foundation cannot guarantee absolute security.
7.6 The Foundation may engage third-party service providers, processors, vendors, payment gateways, cloud service providers, communication service providers and other partners for the provision, operation, maintenance and improvement of the Services. Such entities may process personal data on behalf of the Foundation in accordance with applicable law, the Privacy Policy and appropriate contractual safeguards.
7.6A Personal data may be processed, stored, hosted or transferred through third-party service providers and technological infrastructure located in India or outside India, subject to applicable law, any restrictions or prohibitions imposed by competent governmental authorities, the Privacy Policy and such safeguards as the Foundation may implement from time to time. Certain features of the Services may utilise automated systems, algorithms or artificial intelligence-enabled technologies for facilitating user interactions, personalisation, moderation, recommendations, customer support, service delivery, security or operational purposes. Such processing shall be carried out in accordance with applicable law, the Privacy Policy and any applicable notices issued by the Foundation.
7.6B Where permitted under applicable law, Users may exercise consent-related choices through a Consent Manager recognised under applicable law. The Foundation shall honour such choices to the extent required under applicable law.
7.7 In the event of a personal data breach affecting personal data processed by the Foundation, the Foundation shall take such measures, including notification to affected individuals and competent authorities, as may be required under applicable law.
7.7A Where the Foundation is designated as a Significant Data Fiduciary under applicable law, the Foundation shall comply with such additional obligations as may be prescribed under applicable law.
8. RIGHTS RELATING TO PERSONAL DATA
Subject to applicable law, You may:
(a) seek access to information relating to Your personal data;
(b) seek correction, completion or updating of personal data;
(c) seek erasure of personal data;
(d) withdraw consent where processing is based on consent;
(e) nominate another individual to exercise rights in case of death or incapacity;
(f) raise grievances relating to personal data processing.
Requests may be submitted in accordance with the Privacy Policy.
DUTIES OF USERS IN RELATION TO PERSONAL DATA
Users agree that they shall not:
(a) impersonate another person while providing personal data;
(b) suppress any material information while providing personal data for any document, unique identifier, proof of identity or proof of address issued by the State or any instrumentality thereof;
(c) register a false or frivolous grievance or complaint with the Foundation or any competent authority; or
(d) furnish false particulars or otherwise misuse the rights available under applicable data protection laws.
The Foundation reserves the right to suspend, restrict or terminate access to the Services and to take appropriate legal action in the event of any misuse of rights or violation of applicable law.
10. INTELLECTUAL PROPERTY
10.1 All intellectual property rights in the Website, Application, Services and content, including but not limited to text, audio, video, graphics, software, trademarks and educational material belong exclusively to the Foundation and/or Acharya Prashant.
10.2 No licence or right is granted except the limited right to access the Services for personal use.
11. WISDOM SESSIONS
11.1 Participation in Wisdom Sessions is voluntary.
11.2 The Sessions are intended for educational, spiritual and self-inquiry purposes and are not a substitute for medical, psychiatric or therapeutic treatment.
11.3 Participants are responsible for assessing their suitability for participation.
11.4 The Foundation reserves the right to refuse, suspend or revoke participation at its discretion.
12. RECORDINGS AND MEDIA
12.1 The Foundation may photograph, audio-record or video-record sessions, events and programmes.
12.2 Such recordings may be used for administration, archival, educational dissemination, quality improvement, awareness and promotional purposes, subject to applicable law, the Privacy Policy and any additional consents obtained where required.
12.3 By participating, You acknowledge that certain sessions, events and programmes may be recorded. Where consent is required under applicable law for recording or for the identifiable public use of such recordings, such consent shall be obtained through appropriate mechanisms made available by the Foundation.
12.4 Where required under applicable law, additional consent may be sought for identifiable public use.
12.5 Participants are advised not to disclose sensitive, confidential or third-party personal information during live interactions, community discussions, or public sessions unless such disclosure is necessary and lawful. The Foundation shall not be responsible for disclosures voluntarily made by participants in public or group settings.
14. DONATIONS AND PAYMENTS
14.1 Donations are voluntary contributions towards the Foundation’s charitable objectives.
14.2 Unless otherwise required by law, donations once made shall not be refundable.
14.3 Subscription fees, programme fees or product payments shall be governed by the specific terms applicable to such offerings.
15. MERCHANDISE
Orders shall be delivered to the address specified at the time of purchase. Delivery timelines are indicative and subject to operational constraints.
16. DISCLAIMERS
16.1 The Website, Application and Services are provided on an “as is” and “as available” basis.
16.2 The Foundation makes no warranties regarding uninterrupted availability, accuracy, completeness or suitability of the Services.
16.3 The views expressed by Acharya Prashant are his interpretations and perspectives intended for educational and contemplative purposes.
16.4 The Foundation shall not be responsible for decisions taken by users based on content available through the Services.
17. LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Foundation shall not be liable for any indirect, incidental, consequential, special or punitive damages arising from use of the Services.
18. INDEMNITY
You agree to indemnify and hold harmless the Foundation, its trustees, employees and representatives against claims arising from Your use of the Services, breach of these Terms or violation of rights of third parties.
19. TERMINATION
The Foundation may suspend, restrict or terminate access to the Services at any time for breach of these Terms, security reasons, legal compliance or operational requirements.
20. FORCE MAJEURE
The Foundation shall not be liable for delays, interruptions or failures caused by events beyond its reasonable control.
21. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of India. Courts at Noida, Uttar Pradesh shall have exclusive jurisdiction.
22. AMENDMENTS
The Foundation may modify these Terms from time to time. Continued use of the Services after publication of revised Terms shall constitute acceptance of such revisions.
23. CONTACT
For support, grievances or queries:
The contact details of the Grievance Officer and the mechanism for raising grievances, including grievances relating to the processing of personal data, shall be available in the Privacy Policy and may be updated by the Foundation from time to time.
For privacy-related matters, please refer to the Privacy Policy.
23A. COMPLIANCE WITH APPLICABLE LAW
Nothing contained in these Terms shall be construed as limiting, excluding or restricting any rights or obligations arising under applicable law. To the extent any provision of these Terms is inconsistent with applicable law, such law shall prevail and the remaining provisions shall continue in full force and effect.