For Our Products and Online Services
www.namaste.fit is an online shopping site. We provide independent yoga teachers, meditation experts, yoga studios and other wellness professionals with secure, password-protected membership sites for storing, sharing and selling video and audio classes, lessons, and other related services.
This agreement includes, and incorporates by this reference, the policies and guidelines
referenced below. The Business reserves the right to change or revise the terms and conditions of this agreement at any time by posting any changes or a revised agreement on this website. The Business will alert you that changes, or revisions have been made by indicating on the top of this agreement the date it was last revised. The changed or revised agreement will be effective immediately after it is posted on this website. Your use of the website following the posting any such changes or of a revised agreement will constitute your acceptance of any such changes or revisions. The Business encourages you to review this agreement whenever you visit the website to make sure that you understand the terms and conditions governing use of the Site. This agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Business for other products or services. If you do not agree to this agreement (including any referenced policies or guidelines), please immediately terminate your use of the Site. If you like you can keep a copy of this agreement for your reference.
The information presented on this Site is in no way intended as medical advice or as a substitute for medical treatment. This Site should only be used in conjunction with the guidance and care of your physician or other qualified healthcare provider. You are advised to consult your physician before beginning any fitness activity, yoga class, exercise, or program offered through the Site. Nothing stated or presented on the Site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider if you have any questions or concerns related to your health, fitness, or general wellbeing. By using this site, you acknowledge and expressly waive and release any claim that you may have at any time for any type of injury against Namaste.fit and Voyayoga India Pvt. Ltd., including and without limitation, all employees, agents, instructors, partners and affiliated businesses (including, but not limited to, all studios and fitness professionals who maintain an account and/or affiliated site with Namaste.fit).
For Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Site and Business is not responsible for third party access to your account that results from theft or misappropriation of your account. Voyayoga India Pvt. Ltd. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Voyayoga India Pvt. Ltd. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18) years of age, you are prohibited from using this website. By providing information about yourself, you are representing that you are eighteen (18) years of age or older.
Cancellation/Refund Policy
For students practicing with teachers/instructors and studio customers on the Namaste.fit platform, any cancellation and/or refund requests must be directed to the instructor, studio or wellness professional with whom you have a namaste.fit account. Studio owners determine their own cancellation and/or refund policies. Please contact the yoga studio or wellness professional with whom you have a namaste.fit account. If you need assistance locating that information, you may contact namaste.fit directly at team@namaste.fit.
For teachers/instructors and studio customers of Namaste.fit, your studio account is billed in advance in accordance with our pricing structure. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account. In order to treat all customers equally, no exceptions will be made to this policy.
For Electronic Communication
Visiting www.namaste.fit or sending emails to Namaste.fit and Voyayoga India Pvt. Ltd. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Customer solicitation: Unless you notify us directly of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Namaste.fit and its designated in house or third-party call team(s).
Opt out procedure: we provide two easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: team@namaste.fit.
For Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Voyayoga India Pvt. Ltd. has no obligation to monitor the Communication Services. However, Voyayoga India Pvt. Ltd. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Voyayoga India Pvt. Ltd. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Voyayoga India Pvt. Ltd. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Voyayoga India Pvt. Ltd.’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Namaste.fit does not control or endorse the content, messages or information found in any Communication Service and, therefore, Voyayoga India Pvt. Ltd. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Voyayoga India Pvt. Ltd. spokespersons, and their views do not necessarily reflect those of Namaste.fit and Voyayoga India Pvt. Ltd.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
For Materials Provided to www.namaste.fit or Posted on Any Namaste.fit Web Page
Voyayoga India Pvt. Ltd. does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to the Namaste.fit Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Voyayoga India Pvt. Ltd., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Voyayoga India Pvt. Ltd. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Voyayoga India Pvt. Ltd.’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
For Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.namastream.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Voyayoga India Pvt. Ltd. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Voyayoga India Pvt. Ltd. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Voyayoga India Pvt. Ltd. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Voyayoga India Pvt. Ltd. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Voyayoga India Pvt. Ltd. or our licensors except as expressly authorized by these Terms.
For the Website
Proprietary rights: Voyayoga India Pvt. Ltd. has proprietary rights and trade secrets in the products. You may not copy, reproduce, resell or redistribute any product manufactured and/or distributed by Voyayoga India Pvt. Ltd. Voyayoga India Pvt. Ltd. also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Taxes: If you purchase any products, you will be responsible for paying any applicable lawful government taxes.
Content; intellectual property; third party links: In addition to making products available, this website also offers information and marketing materials. This website also offers information, both directly and through indirect links to third-party websites. Voyayoga India Pvt. Ltd. does not always create the information offered on this website; instead the information is often gathered from other sources. To the extent that the Business does create the content on this website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Voyayoga India Pvt. Ltd. does not endorse the contents on any such third-party websites. The Business is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of the Site: Voyayoga India Pvt. Ltd. is not responsible for any damages resulting from use of this website by anyone. You will not use the website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the website by other users, (3) not resell material on the website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the website.
License: By using this Site, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the website in connection with your normal, noncommercial, use of the website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Voyayoga India Pvt. Ltd. or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the website, you hereby grant Voyayoga India Pvt. Ltd. A perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Voyayoga India Pvt. Ltd. Does not have the ability to control the nature of the user-generated content offered through the website. You are solely responsible for your interactions with other users of the website and any content you post. Voyayoga India Pvt. Ltd. Is not liable for any damage or harm resulting from any posts by or interactions between users. Voyayoga India Pvt. Ltd. Reserves the right, but has no obligation, to monitor interactions between and among users of the website and to remove any content Voyayoga India Pvt. Ltd. Deems objectionable, in India Pvt. Ltd 's sole discretion.
Disclaimer of warranties
Your use of this website and/or products are at your sole risk. The website and products are offered on an "as is" and "as available" basis. Voyayoga India Pvt. Ltd. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. ("products" include trial products.)
Without limiting the generality of the foregoing, Voyayoga India Pvt. Ltd. makes no warranty.
That the information provided on this website is accurate, reliable, complete, or timely.
That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
As to the results that may be obtained from the use of the products or that defects in products will be corrected.
Regarding any products purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above
exclusions may not apply to you.
Limitation of liability
Voyayoga India Pvt. Ltd. Entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
Voyayoga India Pvt. Ltd. Will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Indemnification
You will release, indemnify, defend and hold harmless Voyayoga India Pvt. Ltd., and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this agreement or the breach of your warranties, representations and obligations under this agreement; (2) the website content or your use of the website content; (3) the products or your use of the products (including trial products);(4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this agreement; or (6) any information or data you supplied to Voyayoga India Pvt. Ltd. When Voyayoga India Pvt. Ltd. is threatened with suit or sued by a third party, Voyayoga India Pvt. Ltd. May seek written assurances from you concerning your promise to indemnify Voyayoga India Pvt. Ltd.; your failure to provide such assurances may be considered by Voyayoga India Pvt. Ltd. To be a material breach of this agreement. Voyayoga India Pvt. Ltd. Will have the right to participate in any defense by you of a third-party claim related to your use of any of the website content or products, with counsel of Voyayoga India Pvt. Ltd. Choice at its expense. Voyayoga India Pvt. Ltd. Will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Voyayoga India Pvt. Ltd. Against any claim, but you must receive Voyayoga India Pvt. Ltd. Prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this agreement or your use of the website or products.
Privacy
Voyayoga India Pvt. Ltd. Believes strongly in protecting user privacy and providing you with notice of its use of data. Please refer to Voyayoga India Pvt. Ltd. Privacy policy, incorporated by reference herein, that is posted on the website.
Agreement to be bound
By using this website or ordering products, you acknowledge that you have read and agree to be bound by this agreement and all terms and conditions on this website.
General
Force majeure. Voyayoga India Pvt. Ltd. Will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of god, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of operation: Voyayoga India Pvt. Ltd. May at any time, in its sole discretion and without advance notice to you, cease operation of the website and distribution of the products.
Entire agreement: This agreement comprises the entire agreement between you and voyayoga India Pvt. Ltd. And supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of waiver: The failure of Voyayoga India Pvt. Ltd. To exercise or enforce any right or provision of this agreement will not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.
Governing law: any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Pune, Maharashtra in India. This website originates from Pune, Maharashtra. This agreement will be governed by the laws of the state of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor Voyayoga India Pvt. Ltd. Will commence or prosecute any suit, proceeding or claim to enforce the provisions of this agreement, to recover damages for breach of or default of this agreement, or otherwise arising under or by reason of this agreement, other than in courts located in state of Maharashtra. By using this website or ordering products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this agreement. You hereby waive any right to trial by jury arising out of this agreement and any related documents.
Statute of limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or products or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of class action rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination. Voyayoga India Pvt. Ltd. Reserves the right to terminate your access to the website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this agreement. Following termination, you will not be permitted to use the website and Voyayoga India Pvt. Ltd. May, in its sole discretion and without advance notice to you, cancel any outstanding orders for products. If your access to the website is terminated, Voyayoga india pvt. Ltd. Reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the website. This agreement will survive indefinitely unless and until voyayoga india pvt. Ltd. Chooses, in its sole discretion and without advance to you, to terminate it.
Domestic use. Voyayoga India Pvt. Ltd. makes no representation that the website or products are appropriate or available for use in locations outside India. Users who access the website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this agreement to anyone. Voyayoga India Pvt. Ltd. may assign its rights and obligations under this agreement in its sole discretion and without advance notice to you.
By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.
Changes to Terms
Voyayoga India Pvt. Ltd. reserve the right, in its sole discretion, to change the Terms under which www.namastream.com is offered. The most current version of the Terms will supersede all previous versions. Voyayoga India Pvt. Ltd. encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Voyayoga India Pvt. Ltd. welcomes your questions or comments regarding the Terms. You may contact us at: team@namaste.fit.
