Terms of Service
A.s.1. You must be at least eighteen (18) years of age to apply or register or use Abhisti's its Services. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
A.s.2. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference in this Agreement.
A.s.3. We are the licensors and hold all copyrights and intellectual property rights to the website and all the content and material on the site unless specifically stated otherwise. This includes but is not restricted to content, videos, visual interfaces, interactive features, information, graphics, design, compilation, e-books, computer code, products, software, services and other elements of the Service that are protected by the Union of India copyright laws, trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Subject to the restrictions set out below and elsewhere in these terms and conditions, you may view, download for caching purposes only, and print pages from the website for your own personal use. Therefore, you are not permitted to:
a. Republish material from this website;
b. Republish material from this website on another website;
c. Sell, rent or sub-license material from this website;
d. Show any material from this website in public;
e. Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
f. Edit or otherwise alter any material on this website; or
g. Redistribute any material from this website except for content explicitly made available for redistribution.
A.s.4. However, for the free materials, you may:
a. Use such free material but by giving due credit to our website and displaying our name prominently in all such materials; www.abhisti.com
b. You may reproduce or use such material for research or presentation purposes provided due credit is prominently given to our website.
c. You may use all free content, materials and programs by giving due credit as mentioned above provided it is not used for any commercial purpose whatsoever or for doing any kind of business.
A.s.5. Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content or services, made available through Abhisti, but not directly by us, are those of their respective authors, teachers, health professionals, examiners, Government of India, users or members and they are solely responsible for such content. We do not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstances will Abhisti be liable for any loss, damage, injury or death resulting from the information, content, acts, errors, omissions, representations, warranties, breaches or negligence of such authors, teachers, health professionals, examiners, users or members. We also recommend that Health Professionals and applicants purchase appropriate general liability and professional liability insurance prior to using the services of Abhisti.
A.s.6. Prohibited Activities. We reserve the right to investigate and terminate your services if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
i. You must not use our website in any manner that is illegal, unlawful, fraudulent or harmful, or in relation with any illegal, unlawful, fraudulent or harmful purpose or activity; or in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
ii. You must not generate or facilitate unsolicited commercial email or spam. You must also not imitate or impersonate another person by any means including creating false accounts or by misrepresentation or by misusing someone else’s email accounts. You must not create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretences.
iii. You must not use our website to copy, store, transmit, host, send, use, publish or distribute any material which consists of or is affiliated to any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software whatsoever.
iv. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
v. You must not post, mail, submit or transmit any content that is illegal by law or harmful to minors.
vi. Without our prior express written consent, you must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website.
vii. You must not Illegally submit or post or transmit another's intellectual property or other proprietary information without such owner's or licensor's permission
viii. You must not use our website to send or transmit unsolicited commercial communications. You must not use our website for any objective related to marketing without our prior express written consent.
ix. You will not "stalk" or otherwise harass any person.
x. You will not express or imply that any statements you make are endorsed by Wellness without our specific prior written consent.
xi. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
xii. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
xiii. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
xiv. You will not interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the site.
xv. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
xvi. You will not "frame" or "mirror" any part of the Service or the Service, without The Company’s prior written authorization. You also shall not use meta-tags or code or other devices containing any reference to Abhisti or the Service or the site in order to direct any person to any other web site for any purpose.
xvii. You will not modify, adapt, sub license, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
A.s.7. Modifications: Abhisti reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Abhisit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
A.s.8. Blocking of IP Addresses: In order to protect the integrity of the Service, The Company reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service.
A.s.9. Member Profile: All information you include in your Member profile, including without limitation the information in your Billing Account (as defined above), must be accurate, current and complete. If information provided to us, subsequently becomes inaccurate, misleading or false, you will promptly notify Abhisti of such change.
A.s.10. Account Security: You are responsible for maintaining the confidentiality of the username and password that you use to register for and use the Service. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
A.s.11. Restricted access: Access to particular areas of our website is restricted. At our discretion we reserve the right to restrict access to areas of our website, or our entire website. Should we provide you with a user ID and password to enable you access to restricted areas of our website or other content or services, you must ensure that your user ID and password is kept confidential. At our discretion we may disable your user ID and password without notice or justification.
A.s.12. User generated content: In these terms and conditions, "your user content" is to be interpreted without limitation as being material including text, images, audio material, video material and audio-visual material that you submit to our website, for whatever purpose. You permit to us a global, irrevocable, non-exclusive, royalty-free licence to use, reproduce, publish, adapt, translate and distribute your user content in any existing or future media. You also permit to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe upon any third party's legal rights, and must not be capable of giving rise to a legal action whether against you or us or a third party under any applicable law in each case. You are not permitted to submit any user content to the website that is or has ever been the subject of any threatened, pending or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
A.s.13. Accurate Content: You are solely responsible for the User Content that you publish or display (hereinafter, "post") on Abhisti, or transmit to other Members.
A.s.14. Moderating Content: You understand and agree that The Company may, but has no obligation to, moderate, review and delete any content, comments, messages, photos, videos or profiles (collectively, "User Content"), in each case in whole or in part, that in the sole judgment of The Company (Abhisti) and its services through Abhisti, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of users, members or subscribers.
A.s.15. Interactions with other users, members, examiners, subscribers or health professionals: You are solely responsible for your interactions with other Members, users, examiners, subscribers or health professionals, whether online or offline. We make no representations or warranty as to the conduct of users, members, examiners, subscribers or health professionals and shall not be in any way liable for their conduct. You agree to take reasonable precautions in all interactions with other users, members, examiners, subscribers or health professionals of Abhisti, particularly if Clients and Health Professionals (or examiners) decide to meet offline, through other online channels or in person. You should not provide your financial information (for example, your credit card or bank account information) to other users, members, examiners, subscribers or health professionals.
A.s.16. Release: You hereby release Abhisti and The Company from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users, members, examiners, subscribers or health professionals on this service.
A.s.17. Warranties: Whilst we endeavor to ensure that the information on this website (excluding user content) is correct, we do not guarantee its correctness or completeness; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. We exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of a satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.
A.s.18. Limitation of liability: Our liability to you in relation to the use of our website or under or in association with these terms and conditions, whether in contract, tort (including negligence) or otherwise, shall be limited as follows:
a. To the extent that the website and the information and services on the website are provided free-of-charge, we shall not be liable for any loss or damage of any nature; we shall not be liable for any consequential, indirect or special loss or damage;
b. We shall not be liable for any kind of loss or perceived loss by our paid products or services. Customers, users or viewers are expected to read or view / hear (where applicable) all FAQs and instructions carefully. It is assumed that all such material is fully read (or heard or viewed) and understood and implemented correctly. Users should not make use of any product, service or program if they are in doubt. In case of any doubt, the user should take advice from a registered medical practitioner. By using our paid products and services, it is assumed the user has taken all care, due diligence and medical advice / clearances prior to such usage. If there is someone with any existing problem and still uses our products or services without prior clearance from a registered medical practitioner, we will not be liable for any loss, death, injury or other consequences.
c. The Company does not guarantee any results from the use of the service, Abhisti, nor do we endorse any fitness or nutrition program which may be offered or sold through the service. We cannot guarantee and do not promise any specific results from use of the service, Abhisti.
d. Any time lines or communication on Abhisti, stating results in a certain area or certain time frame or any other communication is merely indicative in nature and not in the nature of any form of guarantee or commitment. There will be no liability on The Company, Abhisti or its employees or affiliates, whether financial or otherwise and no refunds will be made in case of users, members or subscribers not obtaining results as they may have imagined or desired.
e. Any statements, guarantees or other information that may be provided by health professionals or other users is solely attributable to them and we are not liable for the same.
f. No Warranties; “As Is,” “As Available,” and “With All Faults”. To the fullest extent permissible under applicable laws, Abhisti and all its partners, affiliates, associates and suppliers disclaim all warranties (statutory, implied or express). You expressly agree that use of the service, Abhisti is at your sole risk and any advice that may be posted on the service is only for information and entertainment purposes.
g. Release of Liability for Injury or Death. Your participation in program or services of any kind through wellness is at your sole risk. Neither Abhisti, nor fitness, health, yoga, medical and diet professionals are liable for any personal injury, problem or death that result from such use or participation. Members should consult a physician before beginning use of the service or any program or training session. Please check all equipment and the area in which you are using the service for any adverse or dangerous conditions or environment.
h. Our maximum liability in relation to any event or series of related events shall be limited to INR 50/- only.
A.s.19. Operations, Content & Connectivity:
a.a. You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Company Products, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
a.b. We are not responsible for any incorrect or inaccurate content posted on or in connection with the service, whether caused by users of the service or by any equipment or program associated with the service.
a.c. We assume no responsibility for any errors or acts of omission or commission or any interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. We will not be responsible for any technical problems or malfunction (or incorrect or intermittent functioning) of any telephone network, systems, computer online systems, servers, internet and connectivity service providers and platforms.
a.d. We are also not responsible for malfunctioning of any kind of computer equipment, software, failure of email or other service features due to technical problems or traffic congestion. This includes any loss or damage of any kind related to participating in or downloading materials in connection with the service.
a.e. The service, Abhisti may provide, or third parties may provide, links or functionality in our website to other websites or third party resources (“Third Party Services”). Because Abhisti has no control over Third Party Services, you acknowledge and agree that We are not responsible for the availability of the Third Party Service, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Services. You further acknowledge and agree that Abhisti shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through Third Party Services.
A.s.20. Breaches of these terms and conditions:
a. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem suitable to deal with the breach, including prohibiting you from accessing the website, suspending your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
b. This Agreement will remain in full force and effect while you use any of the services whether paid, paid for (fully or partly) by a third party, gifted or free (through promotions or sign up for free services or products). Abhisti is not required to provide you notice prior to terminating your paid services or membership. We are also not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account or services opted through us, whether online or offline.
A.s.21. Notice: Abhisti may provide you with notices, including those regarding changes to this Agreement, by email or postings on its Service. Notice will be deemed given 24 hours after the email is sent or the posting is done.
A.s.22. Indemnity: You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers, incurred or suffered by us arising out of any breach by you of any condition of these terms and conditions.
A.s.24. Assignment: We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. We do not permit you to transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
A.s.25. Exclusion of third party rights: These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in connection to these terms and conditions is not to be subject to the consent of any third party whatsoever.
A.s.26. Severability: If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions shall continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part shall be deemed to be deleted, and the rest of the provision shall continue in effect.
A.s.27. Entire agreement
a. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
c. You agree that any cause of action arising out or related services must commence within six months after the cause of action accrues. Otherwise, such cause of action is permanently barred.
A.s.28. Jurisdiction: Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of The Republic of India without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Mumbai, India in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
a. For the purposes of this agreement, "you" means any individual who accesses for personal use or on behalf of any other individual; a parent who pays for access to the Company Products as well as any participant, student, instructor, customer, purchaser, or any other User who accesses or uses the Company Products. If you are a parent, guardian, or other person who enables a child to access the Company Products, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.
b. If you are using or opening an account to use the Company Products on behalf of a company, entity or organization (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.
A. Information Collection Policy
i. You may provide to us what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number, or demographic information) when using our Services, such as when you register for the site, create User Submissions, enrol for programs, contents, promotions and sessions.
ii. In case of purchase of products or services we collect further information as required by payment processing and card companies or banks. We may also collect other details as required to enable dispatch of goods or other communication.
iii. We may have certain forms, surveys or questionnaires which require information to be filled in. Such information may also include information at the time of registering to use our site, posting material, requesting further services or subscribing to any product or service offered by us on the site.
iv. We may keep a record of any correspondence if you should contact us and details of the resources you access and of your visits to our site. In addition we may keep details of transactions you may carry out through our site and of the completion of your orders.
v. When you use the Abhisti Service or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include Internet Protocol address (“IP Address”) or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Abhisti Service, the pages you view on our site and the dates and times that you visit the Abhisti service.
viii. In the event that all or a portion of Abhisti (or The Company) or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control.
B. Information Sharing Policy
Your privacy is very important and we do not share any customer information with other companies, organizations and individuals except for the following:
i. Required by law or on the request of regulatory authorities and to protect or defend ourselves, our users or the public at large.
ii. Investigation of potential violations or breaches.
iii. Fraud prevention and detection and security purposes.
iv. Features that connect to third party services like Twitter, Facebook, etc.
v. User submissions on the site or on public access areas.
vi. We would be required to disclose information provided for customized services, personalized training programs or personal consultations to the relevant health, diet, yoga, fitness or medical professionals (whether directly or indirectly employed by us or providing such services under a contract or consultancy arrangement).
vii. Automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on our website.
viii. We work with third party service providers to provide development, website hosting and maintenance as well as various other services for us. To the extent it is necessary for these service providers to complete their contractual obligations to ‘The Company’, these third parties may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.
ix. We could make use of aggregated information which is not identifiable at a personal level for enhancing our offerings, show trends, research, for our advertisers or other business partners, etc
C. Information Usage Policy
We may use the collected information:
ii. To operate, maintain, enhance, and provide all of the features and services found on Abhisti.
iii. To use your email address to contact you for administrative purposes, such as confirming Training Sessions, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues, or regarding User Submissions that you have posted.
iv. To understand and analyse the usage trends and preferences of our users, to improve the way our services work and look and to create new services, products, features and functionality.
v. To use “automatically collected” information and “cookies” information to: (a) personalize our services, (b) provide customized third party advertisements, content, and information; (c) monitor and analyse the effectiveness of Abhisti Services and third party marketing activities; (d) monitor aggregate site usage metrics and (e) track your entries, submissions, and status in any promotions or other activities.
vi. To use your email address or other personally identifiable information to send you i) messages about Abhisti Services, ii) promotional messages related to such services and the activities of third parties we work with, iii) periodical articles, audio visual content and other relevant materials and iv) messages on behalf of other users who think you may be interested in Abhisti Services or products. You will have the ability to opt-out of receiving any such communications, through links provided in the messages or write to us.
vii. To notify you of any changes to our service.
viii. To ensure that the content of our site is presented in the most effective manner for you and your devices like computer, laptop, tablet and mobile phone.
ix. To provide you with information and updates for our products and services. We may also send such information about products and services we feel will be of interest to you, whether offered by us or by a third party. These could be our partners, associates, advertisers or affiliates.
x. To allow you to participate in interactive features of our service, should you choose to do so.
xi. In allowing ourselves to carry out our obligations concerning any contracts entered into between you and us.
xii. We may also use your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and promotional purposes, send SMS alerts or notification, and for editorial or feedback purposes for our advertisers. Information collected by us may be added to our databases and used for future telemarketing, SMS text-messaging, e-mails or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders placed online.