Infijoy | Terms of Use

Terms of Use

I. Introduction

This Terms of Use Document (Hereinafter “Agreement”) is between INFIJOY DMCC (Hereinafter “Company” “We” “Our”) and the individual / entity (Hereinafter “The User / Your/ You”) who wishes to access / view www.infijoy.com (“Website”) and/or the mobile device application (“App”) titled “Infijoy” (Collectively referred to as“Platforms”) and the facilities / products on them as offered by the Company (“Services”).
The Agreement, its contents and the subsequent amendments / additions to the same shall be applicable to all Users who wish to access the Platforms and continue doing so. In order to access the Platforms, all Users must first agree to uphold and abide by all the clauses as specified under this Agreement, including subsequent amendments and/or additions made to the Agreement unless explicitly stated otherwise. The User is advised to also read the other legal documents found on the Platforms prior to accessing the Platforms.
The Company respects the privacy of the Users of the Platforms and/or the Services as available on the same. In order to further understand the privacy directives of the Platforms/ Services, the Users must go through the Privacy Policy of the Company. By continuing to use the Platform, it shall be understood / interpreted / accepted that the User has understood the data being collected / transmitted / processed / published/ used and/or stored and consents to the same. Link to Privacy Policy.
In the event that the User does not wish to abide by the terms and clauses as specified under the Agreement, they should not proceed / continue towards viewing / accessing / utilising the Platforms and/or the Services as offered under them. In the event that the User shall continue using the Platforms, it shall be interpreted / construed / understood that they have agreed to the terms under the Agreement.
Should the User Access the Website in any manner that is in contravention to the terms and conditions as specified in the Agreement and/or subsequent amendments / additions, they shall bear all consequences / actions / damages / cost / legal issues civil and/or criminal in nature that shall arise from such actions.

II. Relationship Between Parties:

Once the User accepts to abide by the terms as under this Agreement, the relationship between the Parties shall be that of two independent parties. Nothing under this Agreement shall be interpreted / construed / understood that the relation between the User and the Company is that of a master – servant / Principal – Agent and/or Employer/Employee or any other relationship apart from that as laid down under this Agreement. In the event that a User partakes in such action without being authorised by the Company, they shall be held liable to the fullest extent as recognised under the applicable law.

III. Eligibility:

In the order for the User to view, access and/or utilise the Platforms / Services available on them, they represent and warrant that they shall respect and satisfy the following criteria:

Users above the age of 18 years: In the event the User is above the age of 18 years and satisfies the other conditions as mentioned under this Agreement, they shall be granted access to the Platforms / Services and be able to view, use and/or participate in the various facilities as offered on them.
Users between the ages of 13-18 years: In the event that the User is between the ages of 13 – 18 years, they may partake in all activities on the Platforms while under the supervision and permission of the concerned parents / guardian / legal authority.
In the event any individual under the age of 13 year OR is between the age of 13 – 18 years but without the supervision of parents / guardians / legal authorities accesses/ views / utilises the Platforms /Services available on them, the Company shall not be held liable / bear any repercussions, legal or otherwise, for any data that is collected / tracked / granted access to by such individual.

Capacity: The User must have the ability, comprehensive understanding, capacity and/or authority to view, access and/or utilise the Platforms/Services as available on them;
That the User has a complete and comprehensive understanding of the terms and conditions and agrees to abide by the same;
Further requirements: That The User satisfies any and all further qualifications and requirements deemed necessary and appropriate by the Company in order to be granted access to the Platforms and/or the Services as offered on the same;

That the Company shall partake in all reasonable precautions in order to prevent any individuals who do not satisfy the above conditions from accessing the Platforms and/or the Services offered by them. However, in the event that such unauthorised individuals gain access to the Platforms, the Company shall not be in any manner liable for any and all, direct / indirect effect / impact / issues / problems and/or repercussions that may arise from such actions. Moreover, the Company shall be free to pursue any and all legal actions to the fullest extent as allowed for under the law of the land applicable to the unauthorised individual and/or the Company.

IV. Description of Services:

The Company offers a range of Services pertaining to promoting motivational, mindful and thought provoking / engaging content in the field of, among other, health and beauty care for humans, education, self-development, well-being, mental health, meditation, mindfulness, spirituality, wellness, nutrition, culture, fitness, entertainment, social and general interest, that can be accessed by Users on the Platforms in various formats such as audio-visual recordings, text, videos, images, cinematograph clips and/or sound recordings and other etc. on its Platforms;

V. Registration, Free Trial and Subscription Plans:

A. Registration:

In order for the User to access and utilise the Services as offered on the same, they shall register themselves by submitting certain details and logging in (Hereinafter “Account”). Should the User not wish to create an Account on the Platforms, they may still visit / view / access the Platforms. However, their access / viewing shall be limited in nature as per the Company’s discretion.
The User can create their Account on the Platforms via the following methods:

By using their email address:

The User may create a new Account by setting up a user account using their email address and password as dictated on the login page. The User shall have to partake in any and all authentication protocols as deemed necessary by the Email service providers and/or the Company’s as specified at the time of account creation.
Should the User utilise a company / institutional / educational body’s email ID, they must make sure that the said company / institution / educational body’s policies allow for such access. The Company shall not be held responsible for any and all losses suffered by the company / institution / educational body due to the use of their email ID by the User on the Platforms.

By third party social networking services:

The User may use a third party social networking service such as Facebook or Google, (Third Party Social Networking Services). Should the User use the any of the above to log into / create an Account on the Platforms, the Company shall extract all such relevant information as allowed for under applicable law, including but not limited to personal information such as name, email-address, country and other such information that the User authorises the Third Party Social Networking Service to share with the Company.
The Company shall in no manner be responsible for any losses / damages / issues legal or otherwise that may be caused by the data / information as shared by Third Party Social Networking Services. Users are recommended to refer / read / go over the policies of the Third Party Social Networking Services that they use in order to create an Account in the Platforms.
The Company enables features such as the usage of the Third Party Social Networking Services to improve / enhance the User’s experience while accessing / viewing / utilising the Platforms/ Services as offered on them. Under no circumstance shall this enablement be deemed / construed / considered / implied to be any form of endorsement / recommendation / support / advertisement of the said Third Party Social Networking Services.

It is very important that the User provides the Company with accurate, complete and up-to-date information. This will help the Company in providing the User with a personalised experience so as to improve and better utilise the Services as offered on the Platforms and further enhance as the User continues to utilise the Services. The Company has taken all necessary and required steps in order to ensure that the information as shared by the User while accessing / utilising the Platforms shall remain safe and secure. For further information regarding the security compliances and checks put in place, Users are advised to read the Privacy Policy as available on the Platforms.
The User shall not hold the Company liable for any and all actions, legal and/or otherwise, that may arise in regards to any incorrect / wrong / incomplete / mistaken / misspelt data and information filled by The User / supplied by Third Party Social Networking Services as authorised by the User during the process of registration / creation of Account on the Platforms. Furthermore, the User shall not hold the Company responsible for any complications / issues, legal or otherwise, that may arise when the User has limited access to the Platforms / Services as they did not register / create an Account on the same.
The User must strive to update and review all information / permissions being granted / given access to the Company in their Accounts periodically. This will help the User to remain well aware of the nature and extent of use in regards to their information by the Platforms.
The User shall have the power to limit / remove / delete any information on their Account at any time after creation of the same. However, it is imperative to note that such modifications / removals / deletions might impair / decrease / restrict / diminish the User’s experience of the Services on the Platforms. The Company shall not under any circumstances bear any liability / responsibility for such limitations / decrease / impairments that arise in the User’s experience due to the above specified actions.
The User is expected to take all reasonable security precautions when creating their Account on the Platforms. In the event that the User becomes / is made aware of any unauthorised access to their Account, they must reach out at the earliest to the details as provided in the Contact Us Clause.
The User accepts that they shall take sole responsibility for safely using the Account and continued access details such as ID, password, recovery options, messages, OTPs, device linking etc. The User shall not hold responsible the Company/Services for any loss / theft / corruption of data /information and/or disclosure / release of the User’s password and consequential damages that might arise from such actions. The User accepts that they will also not hold the Company responsible for any third party usage of the User’s account with the Platforms and damages arising from the same.

B. Free Trial:

After the User completes their Registration, the Company may grant the User a temporary access to the preferred Subscription Plan free of cost (Hereinafter “Free Trial”). The duration of this Free Trial shall be for 7 days (Trial Period).
Users who access the Platforms / Services from the mobile application must submit credit card details at the time of applying for the Free Trial. This requirement for credit card details shall not apply to those who apply via the Website. On completion of the Trial Period, the selected Subscription Plan shall come into effect immediately and the applicable Subscription Fees shall be charged to the User. The User may be notified one day prior to the completion of the Trial Period in regards to the same. Should the User not undertake any action on receiving such notice it shall be deemed that they have assented / agreed to pay the Subscription Fees of the said Subscription Plan.
The User may cancel the Free Trial at any time from the commencement of the Trial Period to the last day of the same. The User shall not bear any charges in regards to the Free Trial unless the same is notified / specified by the Company during the Trial Period. The User shall then have to pay all such required charges immediately after the completion of the Trial Period, failing which the Company shall take any and all actions deemed appropriate as under this Agreement.
The Trial can be modified / cancelled / terminated / extended / reduced and/or modified in any manner as deemed appropriate by the Company. The Company shall inform the User in the event there is any such change taking place in the Agreement and /or any subsequent amendments.
It is important to note that for the duration of the Trial Period, the User shall be deemed to have been granted access to the Platforms / Services as under any of the Subscription Plans under this Agreement and hence be bound by all the terms and conditions under this Agreement.

C. Subscription Plans:

In order to fully access / view and /or utilise the Services, the User must create an Account and select an appropriate plan in regards to the same (Subscription Plan).
The Company offers various Subscription Plans depending on the term, nature, extent and purpose of access sought by the User. The User has an option to subscribe to the monthly, tri-monthly and annual subscription, depending on their preference.
When the User selects any of the above Subscription Plans as offered, the Company may require certain additional details as specified on the Platforms and/or under this Agreement. The User must complete the payment of the fees pertaining to the Subscription Plan immediately in order to activate the same.

VI. Obligations on receiving access to the Platforms / Services:

The User accepts that once they have registered and logged into their Accounts on the Platforms, they shall abide and accept the obligations as under this Agreement for the term of their Subscription (Subscription Term) and a reasonable period of time after expiration of the same. Some of the obligations / rights applicable to the Users are as follows:

Grant of Access:

The User accepts that the access / viewing / utilisation of the Platforms/ Services is solely for personal, private and/or non-commercial purposes. The User, on creating an Account and purchasing a Subscription Plan, shall be granted by the Company a limited, non – exclusive, non – transferable and revocable right to access / view / utilise the Platforms/ Services as available on the same. The User shall in no manner partake in any actions directly or otherwise which contravene the rights as specified.
The User accepts that the Company shall have the final decision on extent / nature / manner of access to be granted to a User after they create an Account. The Company retains the absolute right to deny / allow such access and further functioning of the Services for reasons that are deemed necessary and appropriate under this Agreement and/or the law of the land. On limitation / cancellation / termination of the right to access the Platforms / Services as available on the same, the User shall immediately delete / erase / remove / destroy any and all content tangible and other ( including but not limited to copies, derivations, variations, inspirations, creations based on and/or adaptations made of the same) that was obtained / shared / transmitted / collected / downloaded from the Platforms in furtherance of the Subscription Plans.

Inactive Usage:

The User shall be expected to maintain and regularly access their Account on the Platforms and utilise the same regularly. The Company shall notify the User via accepted / allowed modes of communication should the User’s Account be inactive for a period of 30 days. In the event no response is received from the User’s end, the Company shall continue giving such reminders periodically every 7 days till the date of completion of the Subscription Term.
In the event the User does not extend / renew their respective Subscription, the Company may deactivate the Account automatically after completion of 60 days from the end of the Subscription Term. The User shall have to re-purchase the preferred Subscription after the completion of the above specified term.

Devices used for accessing the Platforms:

The User shall maintain all equipment such as devices, internet and mobile connections deemed necessary in order to properly access and use the Platforms and/or Services as provided on them. The Company shall not be held liable for any losses / damages suffered by The User due to The User’s devices / connections not working in a proper manner. The User shall take any and all steps and precautions so as to prevent potential / existing cyber incidents which may cause the User to be exposed to risks of viruses and other such software / programs which can lead to damage / loss / theft / destruction of data/information and / or the User system / devises.
The User acknowledges that the User is responsible for the confidentiality and protection of the login details to the Account such as login ID, password, OTPs etc. The Company shall not bear any and all losses / damages suffered by The User should The User choose to share such details with any other individual / parties.
Should the Company suffer any form of losses / damages due to faulty / malfunctioning / defective / damaged on part of the User’s devices / equipments / connections, they shall be free to follow / pursue any and all legal actions as deemed necessary under the law applicable to the User and/or the Company.

No illegal usage:

The User shall insure that they do not use the Platforms and/or the Services so offered on them for any actions deemed / held / considered / construed / interpreted as being illegal / not allowed / prohibited by the law applicable to the User and/or the Company.
Should the Company suffer any form of losses / damages due to any of the above actions being carried out by the User, the Company shall be free to follow / pursue any and all legal actions as deemed necessary under the law applicable to the User and/or the Company.

VII. User Conduct and Restricted Actions:

The User shall be fully liable / responsible for their conduct on the Platforms/Services. The Users shall not use, collect, store, display, upload, modify, publish, transmit, update or share any data / information in any capacity via the Platforms/ Services in regards to the following actions:

Other User’s account / devices:

The User shall not use the Platforms to gain access to the Account/ devices of other Users and partake in any actions irrespective of whether such actions cause any damage / loss to them. The Company takes the privacy and protection of the same extremely seriously and therefore any action made to the contrary shall be deemed to be violative of the provisions under this Agreement and the law applicable to the User / Company.
Should such other client consent to the User having access to their account and such action causes any consequential damages / loss to the Platforms / the Company and/ or to other associated individuals, then the Company shall take any and all actions as authorised under this Agreement, including but not limited to legal action under the law applicable to the Company;

Damage to the Platform’s software and/or security features in regards to the same:
The User shall not upload / transfer / exchange / carry out experiments and/or reverse engineer any and all software / applications / programs that are being utilised / relied upon by the Company for the smooth and effective running of the Platforms / Services available on them and/or the security features in regards to the same.
Illegal Use:
The User shall not access / utilise /exploit / use the Platforms directly / indirectly in any manner which are held / deemed / inferred / considered to be illegal / unlawful under the law of the land which is applicable to the User, the victim(s) of such actions and/or the Company;
Violative of any law in force:
The User shall not use the Account / Platforms / Services in any manner that is violative of the law in force and / or effective on The User and/or the Company;
Harmful material:
The User shall not use the Platforms / Services available on them / comment boxes / comments / reviews / social media / public groups / and other similar services on the Platforms for any purposes in regards to data / information held to be grossly harmful, threatening, causes harassment, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, racist, hateful, ethnically objectionable, disparaging, relating to / encouraging money laundering / gambling and / or unlawful in any other nature as under law applicable to the User and/or the Company;
Minors:
The User shall not use the Platforms and/ or Services as offered on them for the purpose of participating / conducting / partaking in any actions direct / indirect / explicit / implicit which are in manner harmful / injurious/ detrimental to individuals under the age of 18 years (Minors) in any manner whatsoever.
Intellectual Property Rights infringement:
The User shall not use the Platforms/ Services offered on them in any manner so as that shall / may cause an action of infringement to arise in regards to copyright, trademarks, patents and / or any proprietary rights recognised by the law of the land belonging to any third party and /or those belonging / licensed to the Company. All information / videos / meditations / courses / Platform features found on the Platforms shall be considered the Company’s Intellectual Property.
Fraudulent Activities:
The User shall not use the Platforms/ Services offered on them in any manner to start, support, conduct, create, partake, be a member of any activity that is held by the law of the land to be fraudulent and use the same to induce, offer, sell or purchase any items, services, considerations that are part of activities such as (but not limited to) “Pyramid schemes” “Ponzi Schemes” “Chain letters” among others.
Forgery / Impersonation:

The User shall not use the Platforms/ Services offered on them in any manner so as to induce / cause other individuals to be deceived via such impersonation in a manner that can be interpreted / construed/ held to be against the law of the land.
Furthermore, The User shall in no manner edit, replace, forge, change or modify any documents / data/ information for purposes deemed illegal / unlawful under the law applicable to the User/ Company.

Unsolicited Emails / communications:
The User shall not use the Platforms/ Services offered on them in any manner to send any other individual / third parties unsolicited emails / communications even if such emails are commercial in nature;
Sharing Confidential Information:
The User shall not use the Platforms/ Services offered on them in any manner to share any information that has been recognised either under this Agreement or by the party the User is communicating with as confidential information.
Network Disruptions and Viruses:
The User shall not use the Platforms/ Services offered on them in any manner so as to cause disruptions in the networks of other Users of the Platforms. Furthermore, the User must also not partake in any actions which lead to any harmful software, viruses or destructive programmes being attached to the Platforms;
Third Party Accountability:
The User shall be held liable for any and all damages / loss / issues caused to the Platforms / Company / other clients / any interested individual by any third party applications / software / programmes that the User integrates / attempts to integrate into the Platforms without informing / authorisation of the Company for the same.
National Security:

The User shall not use the Platforms in any manner which threatens the unity, integrity, defence, security, sovereignty, friendly relations with foreign states, public order in any country and/ or leads to the incitement of commission of cognisable offences and/or insults such country in any manner.

In the event that the User takes part in any and all of the above actions, the Company shall take any and all actions it deems appropriate to deal with such issue. Moreover, it shall have the authority to approach any law enforcement authorities and disclose any and all data / information it deems necessary for the purposes of taking legal action against the User. It may do so by itself or along with any third party that has been caused any damages, loss and/or injury due to the above specified actions.

VIII. Fees, Charges and Renewal of Subscription Plan:

A. Fees and Charges:

After selecting the relevant Subscription Plan, The Company may require the User to share / enter / supply / inform all such information deemed to be necessary / required for the purposes of carrying out / completing the transaction of the requisite charges (Fees) in regards to such Subscription Plan (Payment Information).
The Fees shall include any and all taxes, levies, duties and/or similar governmental assessments of any nature as applicable under Swiss law. The User shall be required to pay such charges associated with their Fees and shall not under any circumstances require the Company to bear such expenses unless the same is mandated under law.
The User shall make sure that the User has the legal right and ability to use any one of the payment method(s) as offered by the Company / Third Party payment affiliates (Payment Gateways) on the Platforms. The Platform utilises Stripe, PayPal, Google in-app purchases and Apple in-app purchases as recognised Payment Gateways. Users are advised to read the policies of the said Payment Gateways thoroughly before engaging their Services. The Company shall in no manner be responsible / liable for any losses suffered by the User, be it monetary or otherwise, while using the said Payment Gateways. In the event that the Company does not receive the said Subscription Fees due to no fault of its own, the Company may take any and all actions it deems fit and appropriate against the User to recover the said Subscription Fees and any additional charges deemed appropriate under applicable law.
Should the User attempt to make any payments part from such means as specified on the Platforms or by means held to be illegal under any law, rules, notifications and/or ordinances of the applicable law on the Company, such payments shall not be accepted and furthermore the Company may take any action it deems fit against the User.
The Fees due and payable by The User will be presented in an easy to understand format on the Platforms to The User before the finalisation of their preferred Subscription Plan. If the User chooses to initiate a transaction via the Payment Gateways, they shall authorize, accept and acknowledge that the Company may provide /share / grant access to certain data / information pertaining to type of subscription plan selected and amount of subscription fee to be paid via the Payment Gateways. This is done so as to facilitate / expedite the payment process on behalf of the User. Furthermore, the User shall also agree:

To pay the applicable fees and any taxes applicable, including but not limited to those as charged by Banks / financial bodies / government regulatory authorities / Payment Gateways / service providers / legal authorities;

On completion of the payment of the Fees, the User shall receive a communication via preferred channels confirming the completion of the transaction and additional details regarding the Subscription Plan. In the event the User does not receive such communication and there has been a deduction from their bank accounts, they must contact the Company on the details as provided in this Agreement.
The Company shall maintain a thorough and comprehensive log / record of any and all payments / overdue charges / consideration / arrears / fees / fines that are due on part of the User to the Company as mentioned under the terms of this Agreement and /or those that the User is made aware of via notifications / communications from the Company.
The User shall clear any and all payments mentioned in this Agreement within the stipulated time as specified by the Company. The User shall be liable to pay such payments / overdue charges / consideration / arrears / fees / fines even after the expiry / termination of the Agreement. The Company shall pursue any and all legal means and methods to collect such charges from the User as mandated under law.
In the event that the Company revises the Subscription Fee during the User’s Subscription Term, the same may be made applicable only after completion of the said Subscription Term as per the Company’s discretion.
The Company may initiate reminders / notifications / messages / communications with the User 1 day from the completion of the Term of their Subscription Plan. On completion of the Subscription Term, the Company shall automatically renew the User’s Subscription Plan, and deduct / notify the User to immediately make the requisite payment of the Subscription Fees as applicable. On completion of such payment, the User shall receive a tax invoice as proof of the payment on their registered e-mail address and may then proceed to use their Subscription Plan. Apart from these, the Company may require the User to undergo certain additional formalities at the time of renewal in the event that the same are deemed necessary by the Company.

B. Change in method of Payment:

The User shall be allowed to change the method of payment of Subscription Fees. The User shall abide by certain additional terms and conditions that are necessary in regards to certain Payment Gateways which are specified below:

Stripe / PayPal:
In the event that the User wishes to make any changes to their method of payment while utilising Stripe / PayPal, they shall be required to cancel the prior subscription and purchase a new subscription with a delayed payment model in place. Users are advised to read their policies thoroughly and be well aware of their terms and conditions before using their services.
Mobile Application payment:
In the event that the User wishes to make a change in the method of payment via their Account on the Mobile Application, the Company shall require them to cancel the prior subscription and shall be able to purchase a new subscription only after the completion of the prior cancelled Subscription Plan.
Web-based to Mobile based Payment Gateways and vice versa:
In the event that the User wishes to switch from a Website –based Payment Gateway to a Mobile Application based Payment Gateway, the User shall be required to cancel their Subscription Plan as signed up for on the Website and purchase their preferred plan on the Application. Once the procedure is completed, the User may proceed to utilize the new Subscription Plan via the Mobile Application.

C. Renewal of Subscription Plan:

Recurring / Automatic Renewal:

The renewal of the Subscription Plan as selected by the User shall take place automatically. The User shall acknowledge and authorize the Company to maintain / access and/or utilize the Payment Information in order to renew the Subscription Plan of the User on completion of its term. This is done so as to further enhance the User’s experience of the Platform/Services offered on the same and smoothen the renewal process.
In the event that the Company is unable to carry out the said auto-renewal of the Subscription Plan due to any issue on part of the User, they shall be held liable to pay the Company the requisite fee and /or any and all additional charges that are deemed appropriate by the Company.
In the event that there is any change in the Subscription Fee, the User shall be notified 30 days prior to the completion of their Subscription Term. Should the User consent / not take any action, it shall be deemed that they have accepted the same and the Company shall automatically deduct the said revised Subscription Fee from the User. The Company shall not be responsible in any manner for any loss / damages monetary or otherwise suffered by the User due to the Auto-renewal process.

IX. Cancellation of Subscription:

Cancellation by the Company:
The Company may cancel the Subscription of the User under the following circumstance:

Breach of the Agreement:
The Company may cancel the Subscription of the User in the event it becomes aware / is made aware of any actions that the User partakes in directly / indirectly which may be interpreted / construed / held to be a breach of the terms as under this Agreement and other policies applicable to the User when accessing the Platforms / Services;
Legal investigation:
The Company may cancel the Subscription of the User in the event it becomes aware / is made aware by any law enforcement agency that the User is under investigation / trial for partaking in any actions directly / indirectly via the Platforms/ Services that are violative of the law applicable to the Company / the User / any third party affected by such action of the Users.

Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Platforms/ Services provided on the same.
Cancellation by the User:

The Subscription of a User shall be deemed to have been cancelled by them under the following circumstances:

If the User, at any time after the commencement of the Term of the Subscription Plan, communicates their intention of cancelling the same via the methods as specified on the Platforms.

X. Intellectual Property:

The Company is the owner / licensor / licensee of any and all intellectual property arising from and in relation to the Platforms / Services provided by them. The User shall under no circumstances claim to be the licensee / assignee for the intellectual property owned in full or part, as the case may be, by the Company and use the same for any purposes, commercial or otherwise. Should the Company become / be made aware of any such actions being carried out by the User directly / indirectly, it shall pursue any and all actions deemed necessary and appropriate under the law applicable to the User / Company.
The User shall furthermore not partake in any actions / attempts directly or indirectly to record / audio-videograph / recreate / print / sell / manufacture / assemble / formulate / construct / reverse engineer / produce / process / market on any other platform any tangible / intangible property which is a copy / derivation / variation / inspiration / creations based on and/or adaptations of the original works of the Company made available on the Platforms for the Users when they access / view / utilise the same. In the event the User is discovered to partake in any such infringing actions, the Company shall take any actions it deem fit and appropriate under the applicable law against the User and/or other parties involved in the same.
The User shall grant the Company a perpetual, irrevocable, exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, advertise and/or display all content, remarks, suggestions, ideas, graphics, audio-visual content and/or other information communicated through the Platforms / Services provided on the same. Moreover, the Company shall have the discretion to utilise / access / display / broadcast any and all submissions / creations / comments made by the User while accessing / utilising the Platforms / Services / public groups offered on the Platforms.
The User shall inform the Company of all intellectual property violations including but not limited to:

The intellectual property of the Company on the website/supplication of any third party;
The intellectual property of any third party / User on the Platforms / Services of the Company. Here the intellectual property of the User shall mean and refer to any and all intellectual property owned by the User which has not been shared, submitted, transmitted and/or handed over to the Company via its Platforms/Services at any time prior to the complaint.

The User shall contact the Company on [email protected] and supply the following details:

A description of the intellectual property that the User claims has been infringed;
A description of where the infringing material is located. The User shall share the link, IP address and images if possible showcasing the infringing material;
The User’s contact details such as address, telephone number, and email address. In the event the User has an Account, they shall specify their count name / User ID as well;
A statement / assurance that the User has made the said complaint under good faith belief that the infringing material is not authorized by the intellectual property owner, agent, or applicable law;

The Company may take cognizance of the submission (IP Complaint) and revert back to the User within a reasonable period of time mentioning the steps it may undertake to resolve/ rectify / pacify any and all concerns that the User has raised via the IP Complaint.
After conducting its own internal investigation, if the Company is to discover / find out / become aware of the fact that the User has filed a false complaint with mal-intentions, then the Company shall partake in the strictest actions allowed for under the Applicable Law and any other reliefs as deemed necessary by the Company due to such actions as undertaken by the User.

XI. Reporting of Violations:

The Company actively participates in any and all actions / directions / audits and /or workings in order to make sure that the Platforms / Services work in a smooth and seamless manner within the boundaries of the law applicable under this Agreement.
In the event that the Company becomes / is made aware by the User / interested third party on behalf of the User of any illegality taking place on its platforms, the Company may remove / redact redact / delete and/ or do any such action that is deemed appropriate and necessary under their discretion and/or the law of the land.
Should the government / law enforcement / regulatory authorities under applicable law of this Agreement require data / information / records of such violations, the Company shall provide the same to them at the earliest and not require to inform the User of the same. The Company may share any such communications it has had with the User / interested third party in regards to such violations with the Government / law enforcement / regulatory authorities.
In the event that the User comes across any such circumstance / instances / information regarding such violations are to take place / are taking place / attempted to take place, they shall inform the Company via contact details as specified under this Agreement at the earliest with any and all details in regards to the same, including but not limited to:

The date and time of the alleged violation;
The IP address used to commit the alleged violation;
Any evidence of the alleged violation;
Any other information / data that the User has in regards to the alleged violation which may help in the verification, identification, investigation , prosecution, punishment of such violations as under the law of the land and / or the prevention of such violations from taking place in the future.

In the event that the User, after accepting the terms and conditions under this Agreement, does any actions that are violative of the Agreement and / or the law of the land, and in doing so obtains any data / information / materials illegally, they shall immediately notify the Company.

XII. Repair and Maintenance:

The Company may from time to time partake in actions / repairs/ maintenance / updates towards the care and management of the Platforms. The User shall be duly notified via preferred method of notifications in the event the Company does decide to go ahead with the same.
The Company reserves the right to limit / suspend access to the Platforms and the Services offered on the same for the duration of such repairs / maintenance. The Company shall make all possible endeavours so as to complete such repairs / maintenance within the time limit specified in the notification. In the event there arises certain special circumstances which cause there to be an extension to such time periods, the Company shall duly notify the User.
The User shall limit / refrain from using the Platforms while it is undergoing such repairs and maintenance. The Company shall in no manner be held liable for any and all losses and/or damages suffered by the User due to the usage of the Platforms at the time of repair / maintenance.
Should the User partake in any actions directly/indirectly during such repairs/ maintenance which leads to some additional issues / damages to the Platforms, then they shall be held liable for the damages caused by such actions to the Platforms to the fullest extent under this Agreement and applicable law of the land on the User / the Company whichever is preferable to the Company.

XIII. Third Party Services:

The Platforms may contain links / gateways to other third party services which are not maintained / controlled / commissioned and/or related to the Company. The inclusion of any such links / gateways, while helpful in bettering / enhancing / improving the User’s experience in regards to the Platforms / Services, does not in any circumstance amount to / imply/ suggest endorsement, sponsorship, or recommendation by the Company of that third-party media service.
Links / gateways to such third party services are not sponsored by or affiliated with the Company. The Company has not reviewed any such third party services and is not responsible for their content. The links /gateways are to be accessed at the User’s own risk, and the Company makes no representations or warranties about the content, completeness, or accuracy of the third party services part of the Platforms / Services.
If the User accesses any such link /gateway to a third party media service, they will become subject to the policies of the same. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party service.
The Company shall not be responsible or liable, directly available on or through any such third-party services. It shall be the User’s responsibility that they must make themselves aware of the terms and conditions of any third party services that the User accesses / plans to access from the Platforms / Services. Should any such issues arise due to actions / inactions on part of the User and/or any third party services, it is the Company's discretion as to whether to assist, especially when such action / inaction may have consequential damages on the Platforms / Services.

XIV. Mental Health and Services Disclaimer:

The Company is a provider of web and mobile app based on meditation and mindfulness content / information for entertainment and leisure purposes. The Company does not provide any services pertaining to health and/or medical consultation, advice, services, instructions, therapy, devices, products and /or instruments. The Company relies on a wide range of resources/ details/ individuals / third party content for providing the Users with the Services. However, the said resources/ details/ individuals / third party content shall in no manner be considered / interpreted / construed to be a claim / representation / guarantee / propagation of the same by the Company.
The User accepts that any and all content / information / Services as displayed on the Platforms by the Company are for general / informational purposes and shall in no manner be considered as a substitute / replacement / alternative and/or ancillary to professional / medical opinions, advice, remarks, diagnosis, prognosis, psychotherapy, instructions, pronouncement and/or directions (Professional Services) implied or otherwise to Users in regards to their health. In the event the User is to do / abstain from doing any action on the basis of the content / information on the Platforms / Services, they acknowledge and accept that they shall not hold the Company liable or any manner whatsoever for any repercussions / effects / injuries / complications and/or any issues that may arise from the same.
The User shall consult a licensed medical practitioner if they seek any consultation / advice / clarifications and/or information in regards to the content / information as provided by the Company on the Platforms.
The User acknowledge and accept that they are aware of their pre-existing medical / psychological conditions, if any, and shall not hold the Company liable or any manner whatsoever for any repercussions / effects / injuries / complications and/or any issues that they have / develop after purchasing the Subscription Plan(s) / viewing the Services as offered by the Company on the Platforms.

XV. Limitation of Liability:

THE USER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY AS AFFIXED HEREUNDER ARE REASONABLE AND FAIR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AS SPECIFIED UNDER THE AGREEMENT, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, IRRESPECTIVE OF WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

THE USER’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORMS / SERVICES;
ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE COMPANY AND /OR ITS ASSOCIATES, INCLUDING WITHOUT LIMITATION, THOSE OF THE NATURE OF BEING DEFAMATORY, OFFENSIVE, OR ILLEGAL;
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF THE USER’S CONTENT OR INFORMATION.

THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORMS / SERVICES SHALL NOT EXCEED $12.99 OR THE TOTAL AMOUNT OF FEES RECEIVED FROM THE USER FOR BEING GRANTED / ALLOWED TO ACCESS / UTILISE THE PLATFORMS / SERVICES FOR THE TERM OF THE SUBSCRIPTION, WHICHEVER IS LOWER.

XVI. Indemnity:

The User will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (“Indemnified Parties”) harmless from any breach of these Terms and Conditions by the User, including for any use of Content other than as expressly authorized in these Terms and Conditions.
The User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and The User agrees to indemnify the Indemnified Parties for any and all loss, damages, judgments, awards, costs, expenses, and attorney’s fees arising out of or related to such breach or unauthorized use.
The User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to The User’s use of the information accessed from the Platforms/Services.

XVII. Dispute Resolution:

The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between them to settle the relevant dispute, including disputes concerning the existence, validity or termination of this Agreement or any non-contractual obligations arising from or in connection herewith (hereinafter referred to as the “Dispute“).
All Disputes arising out of or in connection with the present Agreement shall be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. No award or procedural order made in the arbitration shall be published. The seat of the arbitration shall be Zurich, Switzerland. The language to be used shall be English.

XVIII. Governing Law:

This Agreement and any action related thereto will be governed by the laws of the Country of Switzerland without regard to its conflict of laws provisions.

XIX. Amendment:

The Company shall have the sole and exclusive right to amend, add, remove, edit or modify in any manner the provisions, terms, conditions, liabilities and / or clauses under this Agreement as and when deemed necessary by the Company.
In the event any such update / amendment is made, the Company shall display the same on the Platforms. the User acknowledges and accepts that they shall be responsible for keeping themselves updated with any and all changes in the terms of use. In the event that the User continues to use the Platforms/ Services, it shall be deemed that the User has knowledge of such changes and has accepted the same.
The Company shall also maintain a record of the past Agreements so that the User may pursue the same at any given time.

XX. Contact Us

In the event The User is in need of assistance arising from any issues in the Platforms/Services, they must contact the Company on details as provided hereunder.

Email: [email protected]

XXI. Additional Regulations pertaining to Mobile Applications:

Disclaimer of Warranty:

The User shall acknowledge, accept and agree to indemnify, defend and hold harmless the Company, its employees, associates, owners, affiliates, agents, representatives, sub-contractors and/or successors from any and all claims / damages / losses / costs (including attorney fees and settlement costs) incurred by or arising as a result of or related in some manner to:

The User’s access / use of the Services during the term of their Subscription Plan and/or such access/use of the Services in breach of the terms of the Agreement and subsequent actions that result in legal charges against the Company and/or the Services;
Any non-compliance to the terms and conditions as specified under this Agreement for the duration of it being in effect and /or subsequent legal charges against the Company and/or the Services;
Any third party that is associated with the User and the actions carried out by them, irrespective of whether the User had knowledge, which are against / in contravention of the terms and conditions as specified under this Agreement and /or subsequent legal charges against the Company and/or the Services;

The User shall also accept, acknowledge and agree that the Company provides the Services “As Is / As available” and does in no manner provide any warranty, express or implied, without limitation, any warranty for information, access, data / information that is shared, displayed and communicated, including but not limited to:

Warranty of availability, accuracy, usefulness, importance, contents of data / information / products and/or Services as available on the Platforms;
Warranty of error – free, uninterrupted, timely, secure and/or stable flow of contents of data / information / products and/or Services as available on the Platforms;
Warranty of title, non-infringement, merchantability, fitness for a particular purpose, any damages / injury caused to the User by failure of performance, error, omission, interruption, deletion, defect, delay in operation transmission, computer virus, harmful components, communication line failure, theft or destruction, unauthorised access to, alteration of, use of records, whether for breach of any contract, tort, negligence or any other such cause of action.
Warranty of the content / information / Services as available on the Platforms being as per the expectations / belief/ conjectures / assumptions of the User.

This Clause shall survive the termination / expiration of the Agreement.

Modification, Termination and/or disruption to the Platforms
The User accepts, acknowledges and agrees to the following:

That the Company uses various resources / software / third party services in order to provide the User with a smooth and seamless experience of the Services as available on the Platforms. However, such reasonable efforts on part of the Company shall in no manner be interpreted / construed / considered as a guarantee /promise to the User that the Services / Platforms are fully/completely efficient, reliable, error-free and/or accessible at all times to User.
That the Company may at any instance, with / without notice to the User, modify / restrict / terminate / suspend / discontinue any part of the Services / Platforms due to reasons deemed fit and proper by the Company, as per its discretion. Such actions may be undertaken in regards to all / few / only the User. The Company shall not be held in any manner liable for any losses / damages, incidental or direct, that may be suffered by the User due to such actions undertaken by the Company in regards to the Services / Platforms.