TERMS OF USE

1.  INTRODUCTION:

1. Welcome to www.sarvayog.com (the “Website“). The Website is owned and operated by Mr. Kapil Chhabra (hereinafter “SarvaYog“, “SY”, “us” or “we“).
2. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will prevail.

2.  DEFINITIONS:

1. “Services” shall mean and include services offered by, or through, Website such as- providing advisory/mentoring/coaching services for various entrepreneurs/ professionals/ individuals and/or organisations/businesses in various business/personal evolution fields; providing training, learning workshops, individual coaching through various modes including but not limited to emails, videos, podcasts, webinars, e-books etc.; providing business tools, solutions, and associated products, that any entity may need for business or personal effectiveness, efficiency and growth/evolution etc.; providing study material, content on entrepreneurship, productivity, business networking, personal development, spiritual evolution, and angel investing; providing subscription facility to share latest updates on Website or directly delivered to your inbox; providing facility to book schedule of Mr. Kapil Chhabra as a speaker, mentor, or any other faculty member; and providing facility/opportunity to join SY communities, volunteers, mastermind groups.
2. “Subscribe” shall mean subscribing/registering to the Website to avail all the Services provided by the Website on the basis of terms and conditions provided in this Terms of Use.
3. “Workshops” shall mean online/ offline knowledge development programs or other business events, or seminars. May be referred as events, seminars, retreats, learning retreats or intensives, symposiums, workshops.
4. “Users or Members” shall mean Users/Members that visit and access the Website and Subscribe to avail its Services.
5. “Website” shall mean www.sarvayog.com owned by Mr. Kapil Chhabra.
6. “You” or “Your” or “Yourself” refers to the Users, Members, Subscribers, visitors or viewers of this Website.

3.  PRIVACY AND YOUR ACCOUNT:

1. Please review our Privacy Policy, which also governs your visit to the Website to understand our privacy practices.
2. We sell products for children, but we sell them to adults who can make purchases with a credit card or other permitted payment method. If you are under the age of 18 years, you shall use the Website only with the involvement and guidance of an adult. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders.

4.  CONSIDERATION:

1. You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

5.  RESTRICTIONS ON USE & LIMITED LICENSE:

1. All the contents contained on the Website such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by Indian and international copyright laws, treaties and conventions. All software used on and for the Website is our property or the property of our software suppliers and protected by India and international copyright laws, treaties and conventions.
2. Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
3. We grant you a limited license to access and make personal use of the Website. No Content of the Website which is operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download 1 (one) copy of the Content that we make available to you for such purposes on a single computer for your personal, non-commercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.
4. The license granted to you does not include, and specifically excludes, any rights to:- resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

6. PROMOTIONS:

• 1. Occasionally SY may offer promotions through e-mails, SMS, WhatsApp, catalogues and advertisements. As a registered member or user of the Website, you may be eligible from time to time to receive such promotions and offers that include special codes for special discounts or free samples, free shipping or other promotions.
  2. Please note that excessive abuse or misuse of promotions and codes may result in order or item cancellation. In order to allow fair redemption and distribution of promotions to all of our registered clients, we may restrict redemption to one per user/member.

7.  USE AND PROTECTION OF ACCOUNT PASSWORD AND ID:

1. SY will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by us to access and use the Website, and SY shall have no obligation to investigate the authorization or source of any such access or use. You shall not share the said password and account ID or do anything else that might jeopardise the security of your Account. You acknowledge and agree that as between you and SY, you will be solely responsible for all access to and use of the website by anyone using the password and id assigned to you whether or not such access to and use of the website is actually authorized by you, including all communications and transmissions and all obligations (including financial obligations for purchases through the website) that may result from such access or use.
2. You are solely responsible for protecting the security and confidentiality of the password and ID and for restricting access to your hardware device while logged into the account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft or unauthorized disclosure of the Login information, you must immediately notify via email to SY at info@sarvayog.com and immediately modify your Login information. You will be solely responsible for activities coming from your Account or from your hardware device, including purchases, whether or not authorized by you.

8.  SUBSCRIPTION:

1. As a guest, any viewer can navigate and browse but cannot avail any Services. For availing Services, guests have to Subscribe. Subscription can be done through Facebook, Twitter, Instagram or by any other manner as provided by the Website from time to time. In case you subscribe through Facebook, Twitter, Instagram or any other such website, you authorise such Website to obtain and verify your credentials with such websites. You agree that any subscription information provided by you shall always be accurate, correct and complete. If you use the Services, You shall be responsible for maintaining the confidentiality of your Account, Account ID and password and further you agree to accept responsibility for all activities that occur under your Account. You can change your profile information and any other details that you have shared with the Website. You shall provide any additional information as required by the Website from time -to- time. The website also reserves the right to refuse subscription, or cancel accounts at their sole discretion.

9. FEEDBACK:

1. You may from time to time provide suggestions, specifications, comments or other feedback related to our Website, the Application or the Services (the “Feedback”). You hereby agree that all Feedback is and shall be entirely voluntary and unless dealt with in a separate agreement, shall not create any confidentiality obligation for SY and SY may not disclose the source of any Feedback without the user’s/member’s prior consent. SY shall be free to use such Feedback as it sees fit, entirely without obligation of any kind.

10. SYSTEM REQUIREMENTS:

1. Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital formats (the “Software”), and, for certain downloadable content, a compatible player device (the “Device“). SY may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
2. Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to SY.

11.   SUBMISSIONS:

1. 1. You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.
   2. Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
   3. You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
   4. You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighbouring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
   5. Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

12.  CONTENT LINKED TO THE WEBSITE:

1. You should be aware that when you visit the Website, you could be directed to other sites which is beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate before using the same. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

13. DISCLAIMER OF WARRANTIES:

1. 1. The content on the website is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the website including, without limitation, any third party site or service linked to from the website (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).
   2. We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the website. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the website or third party information, content or materials contained on our website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the website (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
   3. The website and products/services contained thereon are not substitutes for the advice and treatment of a licensed health care professional. Not all products and services are suited for everyone. The creators of any products/services do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice, because of the information offered or provided within or through the website.
   4. Any weight loss or health modification plan can result in serious injury, and hence, SY urges you to obtain a physical examination from a doctor before using any weight loss products or services. You agree that by using any products or services, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes.
   5. You agree that you are voluntarily purchasing products or services, and/or participating in recommended activities, and using this website, and assume all risks of injury, illness, or death.
   6. You acknowledge that you have carefully read the terms and conditions of this Terms of Use and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.

14. INDEMNIFICATION:

1. You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

15.  LIMITATION OF LIABILITY:

1. Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (a) the use of, or any inability to use, the website or any content or functions thereof; or (b) any act or omission, online or offline, of any user of the website or anyone else, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for any loss, cost, damage, liability or expense (including attorneys fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website or Rs. 1000/- (Rupees One Thousand only), whichever is lesser.
2. Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation to acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither we nor any other indemnified party is responsible or liable for: (a) any incompatibility between the website and any site, service, software or hardware; or (b) any delay or failure you may experience with any transmission or transaction related to the website.
3. The limitations, exclusions and disclaimers herein and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.
4. Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, so such exclusions, limitations or disclaimers may not apply to you.

16. COPYRIGHT COMPLAINTS

1. We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please write to us on info@sarvayog.com for making claims of Copyright Infringement along with substantial evidence/proof.

17.  AMENDMENT AND MODIFICATION:

1. We reserve the right in our sole discretion to change, modify, supplement, add or delete portions/clauses of these Terms of Use at any time without prior notice and it is your responsibility to review these Terms of Use time to time for any such changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

18.  TERMINATION:

1. These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending email to info@sarvayog.com.
2. SY reserves its right to stop offering and/or supporting the services or part of it at any time either permanently or temporarily, at which point your Account ID and password for availing the services of any part thereof will be automatically terminated or suspended.
3. We may terminate these Terms of Use (including your access to and use of the Website) without cause and without any prior notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
4. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.

19. APPLICABLE LAW AND DISPUTES

• 1. These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of India and particularly the State of Maharashtra in Mumbai without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Maharashtra in Mumbai.

20. ELECTRONIC COMMUNICATIONS:

1. 1. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. AVAILING SERVICES:

1. The Services are subject to the acceptance of these Terms of Use and Privacy Policy of the Website by you.
2. You shall be able to access certain Services available on the Website free of cost and for availing certain other Services you need to subscribe to the Website. Services can be availed through online and offline mode. Once you subscribe to the Website, you shall be eligible to book any Services displayed on the Website subject to realisation of payment applicable to such services. You shall get an access to online Services only on payment. Website shall display price of the Services exclusive of all taxes. Website may give discounts to some Users and/or offer combined packages to Users as decided by Website from time to time. You understand and acknowledge that it is Your responsibility to get all information about each Service before You book / subscribe for any such Services. Before You make payment to avail any Services provided by the Website, please make sure You fill in correct data such as business, workshop/event, date, time, location, etc.

22. MODE OF PAYMENT:

1. User agrees to make payment by using of credit card, debit card or net banking or by any other online mode as may be made available on Website from time to time. User agrees to abide by and adheres to the terms and conditions of Payment Gateway providers.
2. User understands and acknowledges that: the Website undertakes utmost care and caution to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction. That the User shall provide accurate payment details to the secure payment system while making payment through the Website. The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. That the User undertakes all payments subject to own risk and volition.
3. Website shall not be liable for any loss or damage occurred to User arising directly or indirectly due to the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities of any third party.

23.  USER’S COMPLAINTS:

1. In case of any deficiency in the Services provided by Website, You can write to the Website about any complaint at info@sarvayog.com.

24. PROHIBITED CONDUCT:

You agree not to engage in any of the following activities:

1. Violating laws and rights: You shall not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Solicitation: You shall not use the Website or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
3. Disruption: You shall not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others: You shall not share or transmit content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
5. You shall not intimidate or harass another through the websites; and, you may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to do so through the Website.
6. Impersonation or unauthorized access: You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Website.
7. You shall not use or attempt to use another’s account or personal information; and, you shall not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking password mining or any other means.

25. MISCELLANEOUS LEGAL PROVISIONS:

1. We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
3. Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
4. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
5. These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter