Terms and Conditions
1. Name
Healing Together is a brand owned by Meditative Buddha LLP (herein and henceforth referred to as “The Firm”), and therefore all the monetary transactions and official communication to our Users will be done under Meditative Buddha LLP.
2. Description of Service
These Terms of Service are applicable to all users (“Users”) of the online yoga classes, online meditation and mindfulness and dance movement therapy classes and sharing sessions and related media services and content distribution Services and community providing Services through its website video streaming Services located under www.healingtogether.in and related domains, sub domains (individually and collectively the “Services”).
These Terms govern the User’s use of the Healing Together Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content associated with the Services as provided by Healing Together (“The Firm”).
By accessing or using the Services, the User agrees to the Terms and accept to be bound by them.
3. Changes to Terms
The Firm shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to the User. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. The User agrees to review these Terms of Service from time to time and agree that any subsequent use by the User of the Services following changes to these Terms of Service shall constitute the User’s acceptance of all such changes.
4. Access and Use of Service
Users registering for the Services must be at least eighteen (18) years of age. In case the User is below 18 years of age, the User Registration information must be verified by the parents/guardians. The Firm makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When the Users access the Services, they are solely responsible for compliance with the laws and regulations of their jurisdiction.
5. User’s Conduct
The Services may be used only for lawful purposes relating to streaming and related materials. The Firm specifically prohibits any use of the Services, and all Users agree not to use the Services, for any purposes other than designated by the Firm.
The User is prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mail-bombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Firm will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
6. User Information
The User is solely responsible for the information s/he inputs or uploads to the Services and warrant and represent that the User has the right and authorization to register for the Services and post User Generated Content. The Firm reserves the right in its sole discretion to decide whether the information User inputs or uploads is appropriate and complies with the Terms of Service, other Firm policies, and applicable laws and regulations.
If the User registers for the Services, s/he will be asked to provide certain information including a valid email address. The User warrants and represents that all such information is current and accurate, and will be kept up-to-date.
The User’s privacy rights are set forth in Firm’s Privacy Policy.
Firm reserves the right to offer Firm or third party services and products to the User based on the preferences that the User identifies in his/her registration and at any time thereafter, unless the user opts-out of receiving third party services and products.
7. Username/Password/Security
The User is responsible for maintaining the confidentiality of his/her information as it relates to the Services, including the username and password, and are responsible for all uses of the username and password whether or not authorized by the User. If the User wishes to have someone else use his/her device, it is important that the User always logs out so no other individual will have access to his/her content.
The User agrees to immediately notify the Firm of any unauthorized use of his/her username and password.
8. Use of Services
The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials.
Each User is solely responsible for deciding whether the Services offered are suitable for his/ her own purposes and whether the Services match the User’s needs.
The Firm grants the User a limited, non-exclusive license to access and use the Services for the User’s own personal and non-commercial purposes. This includes rights to view content on Firm’s website and applications.
If the User elects to access any component of the Services for which there is a fee, the User agrees to pay all fees and charges associated with his/ her account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on the User’s payment mode. Each User agrees to maintain valid payment information as part of the User’s account information when applicable.
9. Access to Services – Subscriptions & Purchases
The Services may allow the User to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated in the relevant pages/ screens for which the User may purchase the digital content. Subject to the User’s payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Firm grants the user a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by the User.
The Firm makes no guarantees as to the resolution and quality of User’s digital content when streaming. The quality and speed of the User’s stream of digital content has many different variables, including the User’s connection speed, location, download speeds, devices, player and bandwidth.
Once purchased, the amount paid can only be refunded within 7 days of purchase of the package by providing the Firm a written request at info@healingtogether.in for a refund in case the User is not satisfied with the service and provided that the User has not already availed a free trial of the service.
10. Payments & Billing
The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Firm. The Firm makes no guarantee as to the availability of a specific payment plan.
By purchasing a payment plan, the User expressly agree that the Firm is authorized to charge the User’s selected payment plan on the payment method the user designates. The User can update or change this information at any time by accessing the relevant section.
Receipts are sent once the charge is successful to the registered email account. The User’s subscription will continue in effect unless and until the user cancels his/ her subscription or the Firm terminates it.
11. Intellectual Property
FIRM NAME and any other Firm trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Firm, and any unauthorized use of such trademarks and trade names is prohibited.
The Services (including without limitation the related software and media, the design of the Services and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (all programs, documentation, resources) is the sole and exclusive property of the Firm
The User agrees that FIRM owns and retains all rights to the Services and that its content is solely owned and controlled by the content provider.
The User may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
12. Copyright Infringement Notification
If the User believes that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, the User must notify the Firm by providing the Firm’s directors with the following information:
The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work the user claims has been infringed, and a description of the activity that the user claims to be infringing;
Identification of the URL or other specific location on the Services where the material or activity the user claims to be infringing is located or is occurring; the User must include enough information to allow the Firm to locate the material or the activity;
User’s name, address, telephone number, and e-mail address;
A statement by the User, made under penalty of perjury, that (i) the information the user has provided is accurate and that the user is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) the user has a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
If the User believes in good faith that a notice of copyright infringement has been wrongly filed against, the User can send the Firm a counter-notice that includes the following:
The User’s name and address, and telephone number;
The source address of the removed content;
A statement under penalty of perjury that the user has a good faith belief that the content was removed in error; and
A statement that the User consents to be governed by the laws of India and submit himself/herself to the exclusive jurisdiction of the competent courts of Mumbai, India.
13. Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FIRM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE FIRM DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE FIRM IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
THE FIRM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE FIRM DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE FIRM’S PART, OR RESULT IN ANY LIABILITY TO THE USER IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
THE FIRM TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION THE USER HAS UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE FIRM RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE FIRM’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE FIRM NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE FIRM TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIRM'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
THE FIRM IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
14. Limitation of Liabilities
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE FIRM NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM THE USER’S USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE FIRM TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THE USER UNDERSTANDS AND ACKNOWLEDGES THAT FIRM WILL NOT BE LIABLE FOR ANY NETWORK-RELATED PROBLEMS ATTRIBUTABLE TO THE OPERATION OF THE SERVICE AND THAT NETWORK CONFIGURATION CHANGES MAY AFFECT THE SYSTEM'S PERFORMANCE.
THE USER HEREBY ACKNOWLEDGES AND AGREES THAT FIRM SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM THE USER’S USE OF THE SERVICE, AS SET FORTH HEREIN. THE USER’S ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO DISCONTINUE THE USER’S USE OF THE SERVICE.
FIRM SHALL IN NO CASE BE LIABLE FOR ANY PERSONAL INJURY HARM, OR DEATH RELATED TO USE OF THE SERVICE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE FIRM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIRM'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
15. Indemnification
THE USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE FIRM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) THE USER’S USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) THE USER BREACHES OF THE TERMS OF THIS AGREEMENT. THE FIRM SHALL PROVIDE NOTICE TO THE USER PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST THE USER, AT THE USER’S EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE FIRM RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
16. Communications
By using the Services the User consents to receive electronic communications from the Firm. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to the User’s account.
17. Additional Terms and Conditions
Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between Users and the Firm.
These Terms of Service shall be governed by and construed in accordance with the laws of Republic of India, without regard to conflict of laws. The User irrevocably consents to the exclusive jurisdiction of the courts located in Mumbai, India in connection with any action arising out of or related to these Term of Service and waives any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.
If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
The user may not assign these Terms of Service or any of the user’s rights or obligations hereunder.
Except as expressly specified herein, this Agreement shall create rights and obligations only between the Firm and each individual user and it does not create any rights for any other parties.