Updated: 4 September 2020
These Terms of Service (“Terms”) apply to your access to and use of the HLC Ayurveda and Nature Cure website: www.hlcayush.com/holisticlifecare.in (the “Website”) provided by HLC Ayurveda and Nature Cure and our subsidiaries and affiliates (collectively, “HLC Ayurveda and Nature Cure,” “we” or “us”), and the features, services, and Programmes offered through the Website (collectively the Website and our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Service.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with HLC or its subsidiaries or affiliates, for products, services or otherwise, including enrollment agreements or programme terms that apply to enrollment in or attendance at any HLC Ayurveda and Nature Cure hospital, med-spa, resort, camps, training, events, and other programmes we offer.
If you have any questions about these Terms, our Service or our events or Programmes, please contact us at firstname.lastname@example.org.
You must be at least 18 years of age to access or use our Service and have a valid payment method that you are authorized to use. If you are accessing or using our Service on behalf of another person or on behalf of an entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2. USER CONTENT
Our Service may allow you to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, "User Content"). Except for the license you grant below, and Feedback as set forth in Section 4 below, you retain all rights in and to your User Content, as between you and HLC Ayurveda and Nature Cure.
You grant HLC Ayurveda and Nature Cure a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) may be visible to the public. You represent and warrant that (a) you own and control all of the rights to the User Content that you post, or you otherwise have the right to post such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
3. PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and HLC Ayurveda and Nature Cure;
Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
Develop any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service;
Bypass or ignore instructions contained in the robots.txt file that controls automated access to portions of our Service.
Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share content that is non-confidential, and you have all necessary rights to disclose. You may not create, post, store or share any content that:
Is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose HLC or others to any harm or liability of any type.
Enforcement of the content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about HLC Ayurveda and Nature Cure or our Service or HLC Ayurveda and Nature Cure Programmes (collectively, “Feedback”) is non-confidential and will become the sole property of HLC Ayurveda and Nature Cure. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
All offers, or promotions advertised on this Service are void where prohibited and are subject to the posting of any official rules to such offers or promotions.
6. COPYRIGHT AND TRADE MARK
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “HLC Ayurveda and Nature Cure Content”) are owned by or licensed to HLC Ayurveda and Nature Cure and are protected under Indian laws. Except as explicitly stated in these Terms, HLC and our licensors reserve all rights in and to the Service and the HLC Ayurveda and Nature Cure Content. You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and HLC Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Service or HLC Content; (b) copy, reproduce, distribute, publicly perform or publicly display HLC Content, except as expressly permitted by us or our licensors; (c) modify the HLC Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or HLC Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Service or HLC Content other than for their intended purposes. Any use of the Service or HLC Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
7. NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS
When you visit HLC Ayurveda and Nature Cure premises or attend HLC Ayurveda and Nature Cure Programmes, you may enter an area where photography and audio and video recordings may occur. By entering the HLC Ayurveda and Nature Cure premises or attending HLC Ayurveda and Nature Cure Programmes, you consent to such photography and audio and video recording and you release HLC Ayurveda and Nature Cure for any liability connected therewith. You acknowledge that you have no expectation of privacy while on the HLC Ayurveda and Nature Cure premises.
8. COPYRIGHT COMPLAINTS
We have a policy of limiting access to the Service and terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. We also may, at our sole discretion, limit access to the Service and our Service or terminate the accounts of any users who infringe the intellectual property rights of others, whether there is any repeat infringement. If you believe that anything on the Service infringes any copyright that you own or control, you may notify any HLC Ayurveda and Nature Cure’s representative you may know or is at hand.
You will indemnify, defend, and hold harmless HLC Ayurveda and Nature Cure and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “HLC Ayurveda and Nature Cure Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including legal fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and HLC Ayurveda and Nature Cure or the other HLC Ayurveda and Nature Cure Parties.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.
Your use of our Service is at your sole risk. Our Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose, title, and non-infringement. In addition, HLC Ayurveda and Nature Cure does not represent or warrant that our Service is accurate, complete, reliable, current or error-free. While HLC Ayurveda and Nature Cure attempts to make your access to and use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service.
11. LIMITATION OF LIABILITY
HLC Ayurveda and Nature Cure and the other HLC Ayurveda and Nature Cure Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if HLC Ayurveda and Nature Cure or the other HLC Ayurveda and Nature Cure Parties have been advised of the possibility of such damages.
The total liability of HLC Ayurveda and Nature Cure and the other HLC Ayurveda and Nature Cure Parties for any claim arising out of or relating to these Terms, our Service, or any HLC Ayurveda and Nature Cure Program, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service or for the HLC Ayurveda and Nature Cure Program.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of HLC or the other HLC Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Fully permitted by applicable law, you release HLC Ayurveda and Nature Cure and the other HLC Ayurveda and Nature Cure Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
13. TRANSFER AND PROCESSING OF DATA
By accessing or using the Service, you consent to the processing, transfer and storage of information about you in India and other countries, where you may not have the same rights and protections as you do under local law.
14. DISPUTE RESOLUTION; ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with HLC Ayurveda and Nature Cure and limits the way you can seek relief from us.
Except for small claims disputes in which you or HLC Ayurveda and Nature Cure seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or HLC Ayurveda and Nature Cure seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and HLC waive your rights to a trial and to have any dispute arising out of or related to these Terms, our Service, or any HLC Ayurveda and Nature Cure Program resolved in court. Instead, all disputes arising out of or relating to these Terms, our Service, or any HLC Ayurveda and Nature Cure Program will be resolved through confidential binding arbitration held in Bangalore in accordance with the Arbitration Rules and Procedures (“Rules”).
You and HLC Ayurveda and Nature Cure agree that any dispute arising out of or related to these Terms, our Service, or any HLC Ayurveda and Nature Cure Program is personal to you and HLC Ayurveda and Nature Cure and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Any claim you may have arising out of or related to these Terms, our Service, or any HLC Ayurveda and Nature Cure Program must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and HLC will not have the right to assert the claim.
15. GOVERNING LAW AND VENUE
These Terms and your access to and use of our Service and HLC Ayurveda and Nature Cure Programmes will be governed by and construed and enforced in accordance with the laws of India, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the courts of Bangalore.
16. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms, together with any applicable Program Terms, constitute the entire agreement between you and HLC Ayurveda and Nature Cure relating to your access to and use of our Service. The failure of HLC Ayurveda and Nature Cure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Any end-user questions, complaints or claims with respect to the Application should be directed to:
HLC Ayurveda and Nature Cure
228/4, S. Bingipura, Electronics City Phase-1, Bengaluru 560105 INDIA