अंडरटेकिंग

UNDERTAKING


This Undertaking (“Undertaking”) is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.


This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.


This Agreement is entered into between PrashantAdvait Foundation (“the Foundation”), and me as a participant/applicant, including online participant/applicant (“Participant/Applicant”) for participating in the Wisdom Sessions conducted by the speaker “Acharya Prashant” with the aim to impart spiritual wisdom and to promote a scientific as well as spiritual attitude in the daily life of an individual (“Wisdom Sessions”). The Wisdom Sessions will be simultaneously conducted for the Participant(s)/Applicant(s) who wish to participate online through video conferencing platform (“VC”).


By registering for participation in the Wisdom Sessions I hereby accept and agree to be bound by the following terms and conditions of this Undertaking:


1. I certify that I am above 18 (Eighteen) years of age and of sound mind and further assure that I am not barred under law from entering into a legally binding agreement. I understand that in case a minor (not below the age of 15 years) wishes to participate in the Wisdom Sessions, such minor shall participate only under the supervision of a parent or lawful guardian. The parent or lawful guardian shall provide verifiable consent in accordance with applicable law and shall confirm that they are legally competent to provide such consent on behalf of the minor.

2. I understand that the Foundation reserves the right to refuse me to participate in the Wisdom Sessions and/or provide me with access to the VC link for online participation if it is brought to Foundation’s notice or if it is discovered that I am not eligible to participate in the Wisdom Sessions.

2A. I understand that personal data collected in connection with registration for and participation in the Wisdom Sessions shall be collected, processed, stored, used, disclosed, retained and otherwise handled by the Foundation in accordance with applicable law, the Foundation’s Privacy Policy, applicable notices and any consent provided by me from time to time. I acknowledge that I have read and understood the Foundation’s Privacy Policy made available on the Foundation’s Website and/or Application.

3. I confirm that I am well aware of the mission and philosophy of the Foundation through various videos, books, articles etc. authored by Acharya Prashant available on social media platforms as well as print media.

4. I undertake to sincerely read the study material given to me by the Foundation and/or to participate in the group activities as and when organised by the Foundation.

5. I undertake to be alert about my body language during entire period of the Wisdom Sessions and agree to abstain from any behaviour, conduct, act or action which may disturb, disrupt or cause an impediment in the effective operation of the Wisdom Sessions.

6. I undertake not to raise personal and superficial questions during the Wisdom Sessions to raise only those questions during the Wisdom Sessions that benefit all Participant/Applicant.

7. I understand that the timings of the Wisdom Sessions may get delayed and extended beyond the scheduled time.

8. I understand that the Participant/Applicant participating online in the Wisdom Sessions will be provided access to a Zoom link by the Foundation before the commencement of the Wisdom Sessions.

9. I undertake to download the latest version of VC on my Computer/Laptop/Tablet/Mobile and to keep VC fully functional, prior to the start of the Wisdom Sessions at the scheduled time for online participation.

10. I understand that the access to the VC link for the Wisdom Sessions provided for online participation is non-transferable and non-assignable to any third party.

11. I declare that the online participation in the Wisdom Sessions via VC link shall be accessed only by me and on account of my failure to keep the VC link confidential I shall be solely responsible and liable for any losses arising out of such a failure. In such circumstances the Foundation reserves the right to suspend or cancel my participation in the Wisdom Sessions at any time in its sole discretion without any prior written notice.

12. I declare that I have access to Computer/Laptop/Tablet/Mobile or any electronic medium for online participation in the Wisdom Sessions. I further understand that my ability to use the VC link is dependent upon external factors such as internet service providers and internet network availability and the Foundation shall not be liable towards me for any damages arising from my inability to log into the VC link and/ or due to inability to have access to the VC link due to network malfunctions or service disruptions from my end at any time during my online participation in the Wisdom Sessions.

13. I understand and agree that the Speaker “Acharya Prashant” will not be responsible to repeat the contents of the Wisdom Sessions in case I am not able to join the Wisdom Sessions in time and have missed some portion of the Wisdom Sessions on account of my own slackness and negligence or due to network malfunctions or service disruptions from my end in case of online participation.

14. I understand that the Wisdom Sessions are aimed at imparting clarity and spiritual wisdom in daily life which is aimed to promote a scientific as well as spiritual attitude towards life, however, in no manner the same can be construed for mental healing purposes or an alternative for psychiatric treatment.

15. I understand that the Foundation may photograph, audio-record, video-record, livestream or otherwise document the Wisdom Sessions through photographs, audio recordings, video recordings or other multimedia means for purposes including administration, archival, educational dissemination, quality improvement, awareness, outreach and furtherance of the Foundation’s mission.

I understand that during the Wisdom Sessions, my questions, reflections, comments, discussions, image, voice, likeness or other contributions may form part of such recordings.

The Foundation may use, reproduce, edit, archive, publish, display, disseminate, transmit, distribute or otherwise make available such recordings and participant contributions through its Website, Application, official social media channels, publications, educational materials or other media platforms in accordance with the Foundation’s Privacy Policy, applicable notices, any consents obtained and applicable law.

Where consent is required under applicable law for identifiable public use of recordings or participant contributions, such consent may be obtained separately by the Foundation through appropriate consent mechanisms.

I understand that I should not permit any third party, including family members, friends or acquaintances, to appear in recordings, participate in the Wisdom Sessions or otherwise disclose their personal information unless I am duly authorised to do so or such person has independently consented where required.

I further understand that the Foundation shall have the sole right to determine the manner in which recordings are presented, including the selection of titles, captions, descriptions, trailers, thumbnails and other editorial elements associated with such recordings.

Participants who do not wish their identifiable image, voice, likeness or contributions to be publicly disseminated should refrain from participating in recorded discussions, raising questions during live interactions, or otherwise notify the Foundation where reasonably feasible.

16. I understand and agree that the audio/video/pictures constitute the intellectual property of Acharya Prashant which is protected by the applicable copyright law and other applicable intellectual property laws as may be amended from time to time. I understand that the Participant/Applicant is prohibited from photographing, screen-shotting, screen-recording and/or recording, by video or audio, any part of the Wisdom Sessions for any purpose whatsoever and I understand that I will be liable under applicable law for any such unlawful use, disclosure, copying, recording, modification or creation of derivative works of any of these contents except as explicitly authorized by Acharya Prashant.

17. I undertake not to carry any mobile phone(s) or any other electronic instruments or any baggage inside the session hall of the Wisdom Sessions. I declare that in case I am carrying any mobile phone(s) or any other electronic instruments or any baggage with me, I shall deposit the same in the cloakroom before the commencement of the Wisdom Sessions. I agree that in case for any reason whatsoever if my mobile phone(s) or any other electronic instruments or any baggage is lost/damaged/stolen from the cloakroom, I will not hold the Foundation responsible for it.

18. I understand and agree that the Foundation may send service-related, operational, transactional, security, support, feedback and session-related communications through telephone calls, email, SMS, WhatsApp, messaging platforms, in-application notifications or other communication channels reasonably necessary for administration and conduct of the Wisdom Sessions. Where required under applicable law, the Foundation may separately seek my consent to send educational, outreach, awareness, engagement, promotional or community-related communications. I understand that I may withdraw such consent at any time in accordance with applicable law and the Foundation’s Privacy Policy.

18A. Where the Foundation processes personal data on the basis of consent, I understand that I may withdraw such consent at any time in accordance with applicable law and the Foundation’s Privacy Policy. I further understand that withdrawal of consent shall not affect processing undertaken prior to such withdrawal and may affect my ability to participate in certain aspects of the Wisdom Sessions where such processing is necessary for such participation.

19. I agree that the participation in the Wisdom Sessions is being done voluntarily by me and that I am solely and personally responsible for any outcome or result from participation in the Wisdom Sessions, which depends primarily on my effort, motivation, commitment and perseverance and I will not hold the Foundation or its volunteers responsible if I am unable to achieve the outcome as anticipated by me by participating in the Wisdom Sessions.

20. I fully acknowledge that the Wisdom Sessions are not any manner meant for religious conversions or promoting atheism. Acharya Prashant’s views in the Sessions are his interpretation of the scriptures, teachings of saints etc. and any contrary views may exist in public, institutions, texts or social media platforms.

21. I understand that in the event that it is impossible or illegal for the Foundation to proceed with or carry out the Wisdom Sessions in whole or in part, due to circumstances of force majeure, i.e. events beyond its control, including, but not limited to war or threat of war, terrorist activities, political instabilities, riots, civil war, industrial conflicts, strike, demonstrations, lockout, lockdown, natural or nuclear disasters, evacuation, closing of airports, technical problems or transportation accidents, acts or decrees of the government, fire, casualty, flood, earthquake, epidemic, pandemic including COVID 19, destruction of its facilities, insurrection, materials unavailability, or any other cause(s) beyond the reasonable control of the Foundation and as a result thereof if Foundation has to delay, postpone, reschedule, terminate and/or cancel the Wisdom Sessions, the Foundation will not be liable for any losses or damages incurred by the Participant/Applicant in that regard. If any of the above should occur before the Wisdom Sessions, the Wisdom Session is delayed, postponed, rescheduled, terminated and/or cancelled the Foundation shall not be liable to refund the donation/contributions made or expenses such as conveyance expenses incurred for participation in the Wisdom Sessions.

22. I fully understand the risks involved due to COVID–19 and am aware of all the regulations/safety guidelines prescribed by the Government and agree to submit my double vaccination Certificate with the Foundation. I undertake that I will strictly follow the safety guidelines and carry all the protective masks/equipment/materials required in times of COVID-19 to protect myself from the infection. I shall not hold the Foundation responsible for any health-related issues including COVID–19 during the Session and shall indemnify the Foundation from any liability arising out of the same.

23. I acknowledge that participation in the Wisdom Sessions is voluntary and undertaken at my own risk. To the maximum extent permitted under applicable law, the Foundation and its volunteers shall not be liable for any indirect, incidental, consequential or special loss or damage arising out of my participation in the Wisdom Sessions, except to the extent such liability cannot be excluded under applicable law.

24. I undertake to indemnify and keep the Foundation indemnified against any actions, claims, complaints, liabilities, suits, notices, losses, damages, costs or expenses arising out of my acts, omissions, breach of this Undertaking, misuse of the Services, violation of applicable law, or misconduct during participation in the Wisdom Sessions.

25. I declare that the contribution made by me for participating in the Wisdom Sessions is a donation made by me out of my own free will to contribute towards the cause and mission undertaken by the Foundation. I understand and agree that the contribution made for participation in the Wisdom Sessions will not be refunded under any circumstances whatsoever.

26. I declare that my participation may be cancelled at any stage of the Wisdom Sessions if I am found violating the above declaration or if I am found to be ineligible or the information provided by me is found to be incorrect. I understand that the Foundation also reserves the right to refuse me with access to the VC link for online participation in the Wisdom Sessions any time at its sole discretion.

27. I understand that due to the ongoing COVID-19 pandemic, the Foundation reserves the right to cancel, postpone or make changes to the Wisdom Sessions as necessary, in accordance with prevailing government regulations, and mandates from central and state governments and local health authorities.

28. I understand that the Foundation may, for operational, legal, safety, security, administrative or other reasonable grounds, cancel, terminate, postpone, reschedule or otherwise modify the Wisdom Sessions at its sole discretion.

29. I understand that the Foundation may amend this Undertaking from time to time by posting updated or amended terms on its official Website and/or Application. I agree that my continued participation in the Wisdom Sessions after such publication shall constitute acknowledgement and acceptance of such amended terms, subject always to any consent requirements prescribed under applicable law.

30. I agree that all disputes shall be governed by and interpreted and construed in accordance with the laws of India and be subject to the exclusive jurisdiction of the Courts at Noida, Uttar Pradesh.

I acknowledge that I have read and understood the Foundation’s Privacy Policy and Terms and Conditions, as amended from time to time, copies of which are available on the Foundation’s Website and Application.
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