Terms to Evolve

These Terms and Conditions (the “Terms of Use”) of use contain the terms and conditions on which we supply content, products or services listed on www.evolvebeings.com (the “Website”), and they govern your use of this Website, which is provided by our Company, Evolvebeings Soul Centre Private Limited, a Company incorporated under the laws of the Republic of India. By accessing this Website, you are indicating your acknowledgment and acceptance of these terms of use. These Terms of Use are subject to change at any time at our discretion.

ACCEPTANCE OF TERMS

These Terms of Use set forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by these Terms of Use, whether you are a "Visitor" (wherein you simply browse our Website) or you are a "Member" (wherein you have registered on our Website as a user). If you do not accept these Terms of Use, you should leave our Website and discontinue its use immediately.

MINORS

Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all users who register with this Website must be 18 years of age or above.

ACCESS TO WEBSITE

You agree to use this Website only for lawful purposes. You agree not to take any action that might compromise the security or accessibility of this Website or its content, or to modify, delete or add to its content in any unauthorized manner. You agree to provide current and accurate information for the purpose of registration details or other information that you may be asked to access or use this Website. We reserve the right to refuse you access to this Website or any of its Content, and to terminate or suspend your access to this Website at any time, without notice to you, if it is found that you have not provided your current and accurate information for registration purpose or you have breached any of these Terms of Use in any manner.

RESTRICTIONS ON USE

This Website is provided solely for informational purpose, and is for non-commercial, personal use. You agree not to use this Website or its Content for any other purpose, including any commercial purpose, without our Company’s express prior written consent.

INTELLECTUAL PROPERTY

COPYRIGHT

This Website and all its Content are protected by Indian and/or foreign copyright laws, and belong to the Company or to its respective partners, affiliates, contributors or third parties. You may download and reprint the Content for non-commercial, non-public, personal use only. You shall not acquire any ownership rights in any Content on the Website. If you make unauthorized use of the content or this Website, except as otherwise provided above, you may violate copyright and other laws of the Republic of India, and of other countries, and may be subject to liability for such unauthorized use.

TRADEMARKS

The Content provided on this Website is the proprietary information of the Company or of third party, and all right, title, and interest in the Content is retained by the Company or the respective third party. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. No Content on the Website may be copied, posted, distributed or transmitted in any way without the prior written consent of the Company. You shall not use any of the marks or logos appearing on the Website without the prior written permission of the Company. You may print a copy of the Content solely for your personal use.

HYPERLINKS

Any hyperlink to a third-party site on our Website does not imply endorsement, sponsorship or recommendation by our Company of that site. They are provided as a service to users, and bear no affiliation with the Website or our Company. The Company is not responsible for the content of the hyperlinked sites, and we make no representations or warranties about the content or accuracy of such hyperlinks or the hyperlinked sites. We have no control over, and therefore cannot assume responsibility for, the content or general practices of any of the hyperlinked third party sites. We advise you to read the entire terms and conditions and privacy policy of any hyperlinked site that you visit by accessing a hyperlink on the Website. Your access to any hyperlinked website shall be entirely at your own risk. We may hyperlink our Website and its Content to our digital and social media channels/pages/accounts/profiles, including, and without limitation, Facebook, Twitter, Linkedin, Youtube, Quora, Instagram.

CONTENT DISCLAIMER

All Content on this Website is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind with respect to any of the Content, including as to the accuracy, completeness or currency of the Content. The information contained on the Website is for general information purposes only. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Content and information contained on the Website. We expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Content and information contained on the Website. You understand, acknowledge and agree that your use of the Content and information contained on the Website is entirely at your own risk.

MEDICAL DISCLAIMER

This Website is a provider of Content in the meditation and wellness space. We are not a healthcare or medical device provider, nor should the Content and information on our Website be considered as medical advice or as a substitute for medical advice. We make no claims, representations or guarantees that the Content and information on our Website provide a therapeutic benefit. All Content and information on our Website are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice.

RIGHTS TO MEMBER-GENERATED CONTENT

By being a registered member on our Website, you hereby grant to us a non-exclusive, irrevocable, worldwide, royalty-free right and license to use (and to authorize third parties to use) the Member-Generated Content, includings your testimonials, Course reviews etc, in perpetuity, on our Website(s), blog(s), mobile website(s), mobile app(s), email(s) and on our digital and social media channels/pages/accounts/profiles, including, and without limitation, Facebook, Twitter, Linkedin, Youtube, Quora, Instagram. We may modify the Member-Generated Content for formatting, navigational, integration or other purposes, but such modifications will not materially distort any Member--Generated Content. You acknowledge and agree that the Member-Generated Content was created by you or that you own or control all rights in such Member-Generated Content; the exercise by us of our rights under these Terms of Use will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy and trade laws; and (iii) the Member-Generated Content does not contain any worms, viruses or other harmful code.

PAYMENTS

We may use a third-party payment processor to charge Fees to you. You agree to pay us, through the Payment Processor, all charges for purchases made by you, and you authorize us, through the Payment Processor, to charge your chosen payment provider. When you make a purchase, you agree not to use an invalid or unauthorized payment method.

REFUNDS AND CREDITS

If the Course you purchased on the Website is not what you were expecting, you can request, within 30 days of your purchase of the course, for a credit or a refund to your account. We reserve the right to apply a credit or a refund, at our discretion. No credit or refund is due to you if you request it after the 30-day time limit has passed. We shall deduct from any amount paid by you towards any Course and which may be refunded to you, the payment processing fees which may have been charged to us by the third party payment processor in processing your payment to the Company and in processing any refund to you by the Company. We shall also deduct the differential amount, owing to the difference or fluctuation in foreign exchange rates between the date that you have made a payment to us towards a Course and the date when we may make a refund to you, in such manner that no loss is incurred by the Company on account of any difference or fluctuation in foreign exchange rates in the process of making any refund.

LIMITATION ON LIABILITY

The Company, its directors, officers, employees, agents, content providers, subsidiaries, affiliates, licensors, service providers will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages. The collective liability of the Company (regardless of the form of action, whether in contract, tort, or otherwise) shall not exceed the greater of Rs 10,000 (Rupees Ten Thousand only) or the amount you have paid to the Company for the Content out of which any such liability purportedly arises.

INDEMNITY

You will indemnify and hold the Company, its directors, officers, members, investors, managers, employees and agents, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the products or services its harmless from any breach of these Terms of Use by you, including any use of products, content or services other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

NON-COMMERCIAL USE

The Content provided on the Website shall not be used in connection with any commercial purposes, except as specifically authorized by our Company.

PRIVACY POLICY

Our Company respects your privacy. A complete statement of our current privacy policy can be found in our “Privacy Policy”. The Privacy Policy is expressly incorporated into these Terms of Use by this reference.

TERMINATION

You agree that the Company, in our sole discretion, may terminate your account or your access to the Website, partially or completely, at any time, with or without notice to you, and without liability to you, for any reason, including but not limited to, for breach of any of these Terms of Use, or when you have interfered with the use of the Website, or have furnished false or misleading information to us.

ASSIGNMENT BY US

The Company may transfer its rights and obligations under these Terms of Use to any company, firm or person at any time.

NO ASSIGNMENT BY YOU

You may not assign or transfer your rights or obligations under these Terms of Use to anyone else. These Terms of Use are personal to you and no third party is entitled to benefit under these Terms of Use except as set out here.

NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms of Use, such delay or failure does not constitute a waiver of that right or any other rights under these Terms of Use.

FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the products or services, or for any failure or delay by us to comply with these Terms of Use, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

INTERPRETATION

In these Terms of Use, unless the context requires otherwise, any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given to designated officer at email [email protected] We may give notice to you at the email address you provide to us when you register on the Website. Notice will be deemed received and properly served immediately when an email is sent by us to your registered email address.

ENTIRE AGREEMENT

These Terms of Use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms of Use or the documents referred to in them.

THIRD PARTY RIGHTS

A person who is not party to these Terms of Use will not have any rights under or in connection with these Terms of Use.

EXCLUSIVE VENUE

You agree that all claims and disputes arising out of or relating to the Terms of Use or the use of the Content will be litigated exclusively in the Courts in National Capital Territory of Delhi, India.

STATUTE OF LIMITATIONS

You agree that any claim or cause of action arising out of or related to the use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

CHOICE OF LAW

The laws of the Republic of India govern these Terms of Use and any disputes arising out of or relating to these Terms of Use or their subject matter.

MODIFICATION AND DISCONTINUATION

We reserve the right at any time to modify, edit, delete, suspend or discontinue, either temporarily or permanently, any or all Content on our Website or, our Website (or any portion thereof) with or without notice to you. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Content or our Website.

WEBSITE CONTENT

The Content or information or Course(s) on the Website may contain inaccuracies and typographical errors. We shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honour transactions or information affected by such inaccuracies. We make no representations or warranties, express or implied, with respect to the Content or information provided on this Website. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Website. You acknowledge that you may not rely on any content on the Website. We do not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Website.

RELATIONSHIP BETWEEN US

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

UPDATING THESE TERMS

These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions, such as our Privacy Policy, on this Website will govern the items to which they pertain. We reserve the right, in our sole discretion, to modify and/or make changes to these Terms of Use at any time. If we make any material change, we will notify you by an email notice sent to your registered email address, if you have registered with our Website. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms of Use shall supersede all previous Terms of Use.

SEVERABILITY

If any provision of these Terms of Use is found unenforceable, then that provision will be severed from these Terms of Use and not affect the validity and enforceability of any remaining provisions. These Terms of Use are effective and were last updated on April 29, 2019.

This page was updated on 3rd August 2019.