The “Yog” an initiative by Homevilla Charitable Trust,  website is an online/offline learning portal owned and operated by Homevilla  Charitable Trust, a Company incorporated under the laws of India, with its registered office at Unit No. 202, 2nd Floor, Welspun House, Kamala City, Senapati Bapat Marg, Lower Parel (W), Mumbai -400013, IN.

These Terms of Service (“Terms”) are a legal agreement between you and “Yog” regarding your use of services available at www. yog.org including any downloadable recordings or training program that you are accessing or installing on your device or personal computer and the services available through our online program (together, the “Service”).

BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.

Service Description

The Service is a fitness network defined by various Asanas. Users of the Service may log their fitness activities; see, comment, and like the activities of other users; and receive analysis and insights from the Service about their progress. Users may also download training materials from other users and coaches, some of which are provided for a fee.

Eligibility

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the India or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Yog finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Yog shall not be liable for any loss or damage resulting from Homevilla Yoga’s reliance on any instruction, notice, document or communication reasonably believed by Yog to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Yog reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

Account

In order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Service. You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to info@yog.org

You, however, may be liable for any loss. Yog or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Protection of your Data

Yog offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and/or web users (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. Yog’s data controlling system is meant to provide you assurance that we have robust mechanisms to ensure the processing of Your Data.

Music

There is no affiliation, connection, association, or endorsement of the products, goods or services displayed on this page by the copyright owners, featured recording artists and authors of the sound recordings (and the musical works embodied therein) transmitted through the player.

License

Subject to the terms and conditions of these Terms, Yog grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material or software made available by Homevilla Yoga, for non-commercial and personal use only.

You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.

User Content

In connection with registration for a Yog account, users may upload photos or other materials or information to the Service (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so.

Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.

For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and Yog’s business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content if we choose. You retain all rights in your User Content, subject to the rights granted to Yog in these Terms. You may modify or remove your User Content via your Yog Account or by terminating your Yog Account, but Yog may, in accordance with Yog’s Privacy Policy, retain in its systems and use non-personally identifiable data that is derived from your User Content.

You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with Yog’s or its partners’ products and services, as determined by Yog in its sole discretion; or (vi) in Yog’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Yog, its affiliates, or users to harm or liability of any nature.

Although Yog has no obligation to screen, edit, or monitor any User Content, Yog reserves the right and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

Licensed Content

Content on the Service, including User Content and Paid Content provided by other users, has been licensed to Yog in accordance with various licensing agreements between Yog and the persons or entities who own the rights to that content (“Licensed Content”). Licensed Content is protected by intellectual property laws.

Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of Yog or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will Yog or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service.

Copyright Infringement
 Yog respects the intellectual property rights of others and asks you to do the same. It is Homevilla Yoga’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Yog’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Yog or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

You may write to Yog’s designated agent for notice of copyright infringement at:

Yog- Homevilla Yoga Studio,
Homevilla Charitable Trust
Sheth Radhakumar Tejpal Memorial Hall,
1st floor, Tejpal Road, Opposite August Kranti Maidan,
Behind Gowalia Tank, Mumbai – 400007.

If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Yog or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Homevilla Yoga, then Yog may, in its sole discretion, reinstate the removed or disabled material.

Ownership; Trademarks

We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

Yog is a trademark of Yog. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners.

Communications with Users; User Meet-ups

When you join Yog, you understand and agree that you may receive communications from the other members of the Service. You also understand and agree that individual users are each acting independently and that no user is Yog, ’s representative or agent.

The Service may include tools that enable users to arrange in-person meetings. Homevilla Yog is not involved in arranging or supervising meetings and has no control over who attends meetings or the actions of any individual at any meeting. Please use caution and good judgment when arranging or attending meetings.

You agree that you bear all risk associated with any meeting you attend, and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third-party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any meeting you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Fees

As of the date stated above, the Service is provided to you for free, but Yog reserves the right to implement fees for the Service at any time by providing you notice. Certain content offered through the Service is available to you for a fee (“Paid Content”). Yog uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Yog is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Yog will obtain certain transaction details, which Yog will use solely in accordance with its Privacy Policy.

Access; Modifications to the Service

 Yog does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).

Yog reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Yog will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

No Support

Unless otherwise agreed by Yog in writing, Yog is not obligated to provide any support for the Service.

Privacy

Yog collects registration and other information about you through the Service. Our collection and use of this information is described in the Yog Privacy Policy, which is incorporated into these Terms and available at https://homevillayoga.org/privacy-policy

Feedback

If you provide feedback to Yog regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Yog to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to  Yog a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.

Changes to Terms

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Yog website at https://yog.org/terms or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.

Termination

You may terminate your use of the Service at any time by terminating your account and deleting any Yog software from your device or personal computer. Termination of your account is your sole right and remedy with respect to any dispute with Yog regarding the Service or these Terms.  Yog may suspend or terminate your access to the Service at any time, for any reason. If Yog suspects that you have violated any provision of these Terms, Yog may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of Yog software in your possession. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither Yog nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.

Yog Membership

You can become a Yog Member by signing up to pay monthly, quarterly, or annual fees for unlimited access to our “Training Plans.” Training plans are online video programming that we offer as part of Yog Membership.

Recurring Billing

The membership fee will be billed at the beginning of the paying portion of your membership and each month or quarter or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged.

No Refunds

Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your Yog Membership through the end of your current billing period.

Cancellations

You may cancel your Yog Membership at any time for any reason. To cancel your recurring subscription, please visit your membership settings at www. yog.org. Following a cancellation, you will lose access to all Training Plans you enrolled in during your membership at the end of your billing period. If you choose to sign back up as a member, your billing date will update to the day you paid.

Third-Party Content

We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). Yog is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer).

The Service may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.

Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. Your access and use Third-Party Content at your own risk.

The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOG, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOG DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOG, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Terms and Conditions, Disclaimer and Waiver of Liability

Yog is providing online Yoga Classes taught by teachers from all over the world including India. These classes are for its registered yoga participants only for educational purposes

If you suffer from any injuries or disease it is best to consult with your physician before joining these classes. You agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur whilst or as a result of attending these classes

• When online, it is up to you to assess whether you are ready for the classes that you have decided to enroll for
• In case of women, if you are having periods or are pregnant, you shall inform the teacher taking the class and follow the sequence of asanas recommended and practiced as per the yoga teacher
• You have to gauge the safety of your practice within your personal physical limitations. It is better to build up slowly than to force and strain yourself.
• You have knowingly, voluntarily and expressly waived any claim against Yog and its yoga teachers (from India and abroad) for any injury or damage that you may sustain as a result of attending these online classes.
• You have read the above disclaimer and waiver of liability and fully understand its contents as also the general terms and conditions of admission to Yog’s online weekly classes and workshops. You voluntarily agree to the terms and conditions stated above.
• You are responsible to make sure that you can see and hear the class properly on your device and also that you position the device in such a way that you are visible to the teacher
• Yog restricts a participant to use ONLY ONE device per participant entry
• All weekly session / workshop fees are non-refundable under any circumstances. There will be no exceptions
• Yog reserves the right to cancel your admission without issuing a refund

The yoga exercises demonstrated in the online sessions are not a recommendation for a specific treatment plan or course of action. Yoga is not a substitute for medical attention or treatment. Please consult your physician before participating. As is the case with any physical activity, the risk of injury, even serious or disabling is always present and cannot be entirely eliminated. Yog-Homevilla Yog Studio and The Yoga Teacher disclaim any liability arising directly or indirectly from the participation by you in the online yoga program. By filling up the form/entering your password and accessing the site you hereby confirm that you have read, understood and agree to the Disclaimer of Liability

This mail including any attachments/links are intended only for the addressee and may contain confidential, proprietary or legally privileged information, the rights of which are jointly held by Yog “https://www. yog.org” The Yoga Teacher. The contents of this mail including any attachments/links shall not be copied, forwarded, disclosed, reproduced or distributed in any form or manner. If you are not authorized, to receive this mail, please notify source of origin, of the receipt of this message and delete this message including any attachment/links to it from your computer system immediately. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission or otherwise.

Indemnity

You will defend, indemnify and hold Yog, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.

Assignment

These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Yog without restriction. Any assignment attempted in violation of these Terms is void.

Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

No third-party Beneficiaries

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Waiver and Severability of Terms

The failure of Yog to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Yog. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Consent to Electronic Communications

By using the Service, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

Complaints and Queries/ Contact Information

For any questions, queries, comments, complaints, or claims related to the Service, please contact Yog at:

Yog
Homevilla Charitable Trust,
Homevilla Yoga Studio,
Sheth Radhakumar Tejpal Memorial Hall, 1st floor, Tejpal Road,
Opposite August Kranti Maidan,
Behind Gowalia Tank, Mumbai – 400007,
Landmark: New Era School Lane

Jurisdiction

These terms and conditions are governed by and to be interpreted in accordance with Indian law/s and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the web site whether in contract or tort or otherwise the Indian courts will have non-exclusive jurisdiction over such dispute