Terms and Conditions

Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from or accessing Jaya Ayurveda / www.jaya-ayurveda.com and its sub-domains, affiliated sites and social media pages and accounts of Jaya Ayurveda on Facebook and Instagram. (“Site” / “Sites”).

 

The Sites and all of the audio, visual and written resources and information contained therein, including but not limited to blog posts, designs, documents, e-mails received from Jaya Ayurveda / Prachi Deshpande, email lists and sequences, courses, coaching services, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products and tools  (“Contents, Services, and/or Products”) are owned by Jaya Ayurveda / Prachi Deshpande (“We”, “Us” Our”).

 

These terms apply to all Users, Visitors, Viewers, Subscribers, Clients, and/or Customers of our Sites (“User”, “You”, and/or “Your”) and govern your use of, access to, and/or purchase from our Sites.

 

 

Your Consent

By using, visiting, viewing, downloading, purchasing and/or accessing our Contents, Services, and/or Products, you are consenting and agreeing to be bound by these Terms.

You further warrant and acknowledge to reading these Terms or at the very least, had the opportunity to read them and chose not to do so.

You represent and warrant that you are at least 18 years of age.

If you do not agree to ALL of these Terms, you are prohibited from using, visiting, viewing, downloading, purchasing or accessing any of our Contents, Services and/or Products.

 

Rules that apply to our Sites

When you use, visit, view, download, purchase from and/or access our Sites, you agree:

  1. Not to harm, stalk, defame, threaten, offend, harass, abuse or violate the privacy or legal rights of another person through or on our Sites. 

  2. Not to post, upload distribute, publish or disseminate any names, materials or information that is considered inappropriate, defamatory, obscene, unlawful or indecent.

  3. Not to use our site in any way that will cause damage to us, our Site, or any of our users.

  4. Not to send unsolicited emails to our users.

  5. Not to transmit or post any unwanted or unsolicited content for the purpose of promoting or selling your products or services.

  6. Not to upload any files that contain viruses or worms that may destroy our operations or that of another user.

  7. Not to transmit, share, download, copy or post any content that infringes our intellectual property rights and that of other persons.

  8. Not to use any of our Content, Services and/or Products to violate any laws or regulations.

 

We reserve the right to disclose any materials you posted or information you provided in our Sites, in order to comply with any legal or governmental requests.

 

Personal Information

In order to download or purchase our Contents, Services and/or Products, you may be required to provide personal information about yourself including but not limited to your name, email address, billing address, payment details and other personal information. Any identifiable information that you provide us is governed by our Privacy Policy which you can access here.

 

You agree to give only your own complete, accurate, correct and up to date information.

 

You shall not create a false identity or sign an agreement as someone else when using, visiting, viewing, downloading, purchasing and/or accessing our Sites.

 

While we strive to protect your personal information, no data transmission over the web can be guaranteed to be 100% secure. You agree that we cannot warrant the security of any information you transmit via the internet. When you transmit any personal information, you do so at your own risk.

 

Username and Password

When you access our membership areas, you will need to create a user account that entails the submission of a username or password.  You agree to protect you own username and password and to keep it confidential.

 

We reserve the right to terminate your access to any of our Contents, Services, and/or Products, without refund, in case you share your username or password or if we have reasonable grounds to suspect that you shared your username or password for purposes of allowing anyone person, group or individual, to have access to our Services, and/or Products.

 

 

Disclaimers

 

Intellectual Property

The Site, Contents, Services, and Products and all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets and proprietary information,  accessible on or through www.jaya-ayurveda.com, any third-party websites we may use to distribute or host our Sites, Contents, Services, and Products, as well as emails we send to you, are owned by us and are protected by copyright, trademark and other intellectual property laws.

 

Our name, the course, service and product names, logos, designs, taglines and slogans are our trademarks which you cannot use without our written permission.

 

By using, visiting, viewing, downloading, purchasing and / accessing any of our Content, Services, and Products, you do not gain any right, title or interest in the said intellectual property, unless we otherwise grant you rights through a prior written authorization.

 

Any violation of our intellectual property rights and the Terms contained in this provision, including but not limited to unauthorized use, reproduction, copying, dissemination of any of our Contents, Services, or Products, shall be prosecuted to the fullest extent of the law.

 

 

Limited Rights Granted to You

When you purchase and/or download any of our Content, Services, or Products, you are only granted a non-exclusive, non-transferable, limited and revocable license that cover personal use.

 

Unless otherwise authorized, you cannot copy, share, forward, distribute, reproduce, republish or otherwise, disseminate, sell, license, rent, adapt, edit, translate, enhance, reverse engineer, create derivative works of any of our Content, Services, or Products.  

 

Any violation of the Terms contained in this section shall be considered infringement and shall be prosecuted to the fullest extent of the law. We reserve any rights that are not expressly granted in these Terms.

                                       

 

Content Sharing

You may share our Content found in our Sites only after requesting and receiving a written authorization from us. You can direct your request at info@jaya-ayurveda.com.

 

Permission shall be conditioned on your agreement to abide by the following terms:

  1. You may only share our content for personal use

  2. You will directly link to our Site

  3. You will credit us should you share our content in your own blog, Site or social media account or a third party’s blog, Site or Social Media Accounts.

  4. You may not represent, claim or imply that you are in any way associated with Jaya Ayurveda and Prachi Deshpande.

  5. You are not allowed to represent or imply that the Content is yours or was created for you.

 

Unauthorized Use

In the event that you use any of our Contents, Services, and/or Products without our express authorization or contrary to the authorization we granted, you agree to pay liquidated damages of three (3) times the total fees you paid for our Services, and/or Products, or a minimum of $3,000 if you did not pay any fees, in addition to other remedies that we may be entitled to pursue.

 

 

Piracy

In case you violate or threatened to violate any of our intellectual property rights, titles or interests through acts such as, but not limited to pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents, Services or Products, you agree to indemnify, pay and transfer to us any and all the earnings you gained or will gain through such violations, acts or negligence.

 

You further agree that we do not need to prove any pecuniary damage on our part, it being sufficient that we prove that you violated or threatened to violate any of our intellectual property rights, titles or interests.

 

You likewise agree to indemnify us in case through your acts or negligence, another person is able to make use, disseminate, distribute or share our Contents, Services, and/or Products, or engage in any act that violates our intellectual property rights, title or interests.

 

You recognize that any violation or threatened violation of our Intellectual Property Rights, titles or interests would cause irreparable injury to our business and reputation which may not be adequately compensated by damages. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond, in addition to other legal remedies that we may pursue.

 

Your posts and Recordings of Group/Personal Calls

When you submit comments, photos, posts, images, videos or other contributions (“Media”) to our Sites or any third-party Sites that we operate, you represent that you are the owner of such Media and that you are at least 18 years of age. You also give us permission to take your photographs, make video and/or audio recordings of you (“Photographs and Recordings”), during our calls, webinars, workshops or any other communications (“Communications”)

 

You grant to us, or any of our contracts or subcontracts, unlimited, royalty-free, irrevocable, unrestricted, non-exclusive license to print, copy, use, transmit, exploit, modify, create derivative works from, display your Media, Photographs and Recordings in any manner, or for any purpose, and to include them in our current or future Services, and/or Products.

 

You authorize us to use your Photographs, Recordings and Media, including your image and likeness and to identify you as the person in the Photographs or Recordings or the individual or author who submitted the Media.  We can identify you either by your name, email address, social media handle or screen name, for any purposes including marketing, advertising or commercial activities.

 

At any time, or for any reason, we can elect to cease the use of your Media, Photographs and/or Recordings.

You further agree to grant us intellectual property rights to your Media, Photographs and Recording without the need to ask permission from you or to compensate you, now or at any time in the future.

 

 

Payment Terms

When you Download or Purchase any of our Services, and/or Products, you may use a credit card, debit card.

 

You give us permission to automatically charge your credit card for payment and you will receive your receipt via email following your Purchase. This receipt should be retained for your records.

 

In case your payment method is declined, we will give you a grace period of 7 days to settle your account.  After which, you will automatically lose access to any of our Services, or Products you purchased, without refund of payments already made. The total or full cost of your Purchase is still due, and you remain responsible in settling it despite your payment method being declined.

 

We do not entertain, tolerate or accept any type of chargeback threat or actual chargeback from your credit card company placed on your purchase or download of any of our Services, and/or Products.

 

Should request for a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or to any other entity for inclusion in any chargeback or delinquent account database.

 

You understand that our report which includes your name, e-mail address and billing address, could negatively impact your credit score/credit report.

 

You can only have the report removed by contacting us at info@jaya-ayurveda.com and arranging for the payment of any outstanding payment. 

 

 

No Refunds

Due to the nature of our Services, and Products, you agree that all sales are final. You agree and understand that no refunds shall be issued, for whatever reason. If you have concerns or if there is anything we can do to ensure your satisfaction, please email Prachi Deshpande at info@jaya-ayurveda.com.

 

 

Termination

In case you abuse, breach or violate any of these Terms, our Privacy Policy and any other terms to which you agreed to with us, we will terminate your use or access to our Sites, Services, and/or Products, without refund, at our sole discretion and without the need to notify you.

 

We will not be responsible for any claims, damage or liability you may suffer arising from or in connection with such exclusion or discontinuance.

 

 

Assignment of Rights

You agree that we can assign, transfer, and subcontract our rights and/or our obligations as stated under these Terms without having to notify or wait for your consent. You are however not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.


 

Complaints and Arbitration Clause

If you have any complaints or grievance, contact us first at info@jaya-ayurveda.com so that we can resolve the dispute with you, to our mutual satisfaction as quickly and effectively as possible.

 

In case we are unable to amicably resolve the dispute, you agree to submit it to a binding arbitration to occur in or nearest Baar.

 

You agree and hereby waive any right to class arbitration.  You further agree to conduct an arbitration solely based on your individual claim and/or entirely related to you claims against us.

 

The arbitral proceedings shall be concluded in English.

 

You further agree that you shall be responsible for all the costs that are associated with initiating the arbitration proceedings and all administration costs related thereto.

 

You hereby understand and agree that you are waiving your right to a jury trial in any court of any jurisdiction, which would otherwise be available to you if not for this Arbitration Clause.

 

Any award or judgment that is issued by the arbitrator shall be binding.  The only award that can be issued to you is a refund of any payment made to us for the particular Service, Course or Product that you purchased from us. You agree that you are not permitted to seek additional damages, consequential, punitive or otherwise.

 

 

No relationship created

You agree that by using of our Contents, Services or Products, no joint venture, employment or agency relationship is created between you and us.

 

 

Entire Agreement

These Terms constitute the entire agreement between you and Jaya Ayurveda / Prachi Deshpande pertaining to our Sites, Contents, Services, and/or Products. These Terms supersede all and prior or contemporaneous agreements, representations, proposals and understandings between us.

Severability

In case any provisions of these Terms are held invalid, illegal or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal or unenforceable shall be changed or interpreted so as to best accomplish the objectives and purpose of the whole provision and/or these Terms.

 

Changes to these Terms

We reserve the right to update, replace, or change any part/s of these Terms without having to personally notify you. It is your responsibility to check these changes and to update yourself. 

 

Any new Content, Services, and/or Products we add to our Sites shall be subject to these Terms. By remaining and continuously using and/or purchasing from our Site after we posted the modifications, you are deemed to have implicitly and voluntarily accepted the changes to these Terms.

 

Consent to Governing Law and Jurisdiction

These Terms, claims or disputes arising out of it shall be governed by the laws of Switzerland.

 

If you have any questions or concerns regarding these Terms and Conditions, please contact us:

 

E-mail: info@jaya-ayurveda.com          

 

Updated on 24.04.2022