‘TO THE NEW PRIVATE LIMITED’ (“TTN”) has developed a proprietary platform in form of a mobile and web application launched under the name and style of “Idanim” and website located at “www.idanim.com” (hereinafter collectively referred to as the “Application”) for guided meditations and live stream sessions led by Teachers from India and the world.
1. INTRO: TO THE NEW PRIVATE LIMITED has developed a proprietary platform in the form of the said Application for guided meditations and live stream sessions led by Teachers from India and the world. These Terms applies to the said Application i.e. Website and Application which provides you with access to pre-recorded guided meditations and live stream sessions, including but not limited to, on mindfulness practices, breathing exercises, chakra-balancing, shamanic journeys as well as music genres like chanting, ambient, instrumental, classical, and sound healing, podcasts, stories led by Teachers from India and around the World that cater to a range of benefits such as sleep, managing stress, relieving anxiety, fostering gratitude, and boosting self-confidence (“Services”). The said Services are provided by TO THE NEW PRIVATE LIMITED in connection with our partners, service providers, sponsors, experts, or other affiliates so that we may safely and responsibly manage the Application for all of our users.
2. USE OF SERVICES:
- To access certain features of the Services you will have to create an account (“Account“). You can create an Account by following the instructions provided in the Application on how to register an Account. You can sign up for an Account with e-mail and password or through certain third-party social networking services such as Facebook.
- Your Account with the Application, including your user ID, email and password (wherever applicable), is personal and may not be transferred or used by any other third party. You are responsible for storing your login details in a safe manner. TO THE NEW PRIVATE LIMITED in no manner shall be responsible for any loss or damage caused by unauthorised access to your Account or use of your login details. If you learn of or suspect any unauthorised use of your Account, you must immediately inform TO THE NEW PRIVATE LIMITED by emailing us at email@example.com.
- You understand and agree that Services or any other information displayed by TO THE NEW PRIVATE LIMITED on its Application shall in no manner amount to advice on which reliance should be placed. Neither is it in any way implied to diagnose, prevent, or treat any condition, to ascertain the state of your health, or to be a substitute for professional medical care. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or users of our Services, or by anyone who may be informed of any of the contents available on the Application.
- By using the Services, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning if we believe that you are under 13 years of age.
- Your use of the Services is subject to termination at any time as per our sole discretion
- We welcome feedback, comments, and suggestions for improvements of our Services, which can be submitted by emailing us at firstname.lastname@example.org.
3. PERSONAL DATA:
4. FEE FOR SERVICES: If the User opts to sign up for the Services available on TO THE NEW PRIVATE LIMITED’s Application, the same will be subject to a monthly subscription fee whereupon the User can have access to all the Services made available by TO THE NEW PRIVATE LIMITED on its Application. You will be required to submit payment in advance for access to the Services. Access to the Services will not be enabled until payment/subscription fee is received by TO THE NEW PRIVATE LIMITED.
5. PAYMENT/ SUBSCRIPTION FEE: Payment for TO THE NEW PRIVATE LIMITED’s Services shall be made by valid credit cards or debit cards or any other online mode accepted by us or through the App Store, Google Play Store or any other App Provider. You hereby authorize us to charge your credit card or debit cards for such amounts/monthly subscription fee associated with the Services made available by TO THE NEW PRIVATE LIMITED on its Application. Amounts/ subscription fee paid for the Services, including pre-payments, if any, are not refundable.
6. FORMS AND PUBLIC AREAS
- TO THE NEW PRIVATE LIMITED, its officers, directors, employees, affiliates, agents, attorneys, and representatives make no endorsements of any particular Service, product or treatment, makes no representations and assumes no liability related to any content, opinions, comments, e-mail addresses, and/or computer viruses which may be transmitted in any Public Area.
- If you use a Form or Public Area on TO THE NEW PRIVATE LIMITED’s Application, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Forms and Public Areas.
- In no event will TO THE NEW PRIVATE LIMITED, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through TO THE NEW PRIVATE LIMITED’s Application. You will hold TO THE NEW PRIVATE LIMITED, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities harmless for any such actions or decisions taken by you in reliance upon such information.
8. LINKS TO THIRD PARTY WEBSITES FROM THE SERVICES: The Services may contain links to other websites or resources provided by third parties, these links are provided for information purposes only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9. LIMITATION OF LIABILITY AND DISCLAIMERS:
- You access and use the Services at your own risk. The Services are provided by TO THE NEW PRIVATE LIMITED on “as is” and “as available” basis without a warranty of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, and non-infringement of third parties' rights for a particular purpose. The user is responsible for the use of the Services and the technical equipment, software and other equipment required for the use of and access to the Services. TO THE NEW PRIVATE LIMITED does not undertake the obligation to monitor the contents of User Content.
- TO THE NEW PRIVATE LIMITED does not assume any responsibility for errors or omissions in information, functionality or software, including User Content, which is referenced or linked to in the Services. In no event shall TO THE NEW PRIVATE LIMITED be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence.
- TO THE NEW PRIVATE LIMITED, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content (including the user content, if any), including but not limited to its accuracy, completeness, timeliness, or reliability.
- Neither TO THE NEW PRIVATE LIMITED nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the Services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the services and the content at your own risk.
- TO THE NEW PRIVATE LIMITED makes no warranty that the Services will be available error-free or that the Services or the content are free of computer viruses or similar contamination or destructive features. If your use of the Services or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.
- In no event, TO THE NEW PRIVATE LIMITED shall be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Services and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, in excess of One Hundred Dollars, even if we have been advised of the possibility of such damages.
- Violation of any of these Terms will lead to a direct termination of your user Account and Subscription. If you violate these Terms, you will not get a refund.
- You may choose to terminate/cancel your account and/or use the Services at any time as per your convenience.
- You are hereby cautioned that removing or uninstalling the Application or closing your Account will not be sufficient in order for you to terminate your Account and these Terms and stop any active Subscription(s). You must also actively cancel the Subscription. Please note that if you have a Subscription with TO THE NEW PRIVATE LIMITED’s Applications through the use of the App Store, Google Play Store or any other App Provider, you can only cancel such Subscription through the said App Provider. To find out how to cancel the Subscription and/or your account, please follow the instructions provided on the Application.
11. INDEMNITY: You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your uploading of, access to, or use or misuse of the Content or the Services available on the Application.
12. GOVERNING LAW AND DISPUTE RESOLUTION:
- These Terms and the use of the Services shall be interpreted and construed in accordance with the applicable laws of India. The users of Application or any other Third Party and TO THE NEW PRIVATE LIMITED agree and acknowledge that in case of any dispute or difference arising out of or in connection with these Terms shall first be settled by mutual discussion.
- In case of failure to resolve the dispute or difference by mutual discussions within a period of 60 days, then such dispute and difference shall be referred to arbitration in accordance with the provisions of the Rules of Arbitration of International Chambers of Commerce (“ICC”) or any statutory modifications thereof and shall be referred to a Sole Arbitrator, to be mutually agreed by both the parties. The venue for conducting arbitration proceedings shall be Singapore. The language of the arbitration shall be English. The award of the arbitrator shall be a speaking award and shall be final, conclusive and binding on all the parties to the arbitration. The award may be enforced by any court of competent jurisdiction.
13. RIGHT TO MODIFY TERMS: We reserve the right to change these Terms at any time. If the changes are material, we’ll let you know by email or posting a notice on the Application before the changes go into effect. The notice will designate a reasonable amount of time (the “Notice Period”) after which the new terms will go into effect for all users. If you don’t agree TO THE NEW PRIVATE LIMITED terms, please delete your Account within the Notice Period. If you do not delete your Account within the Notice Period, your use of Application will be subject TO THE NEW PRIVATE LIMITED terms going forward.
14. RIGHT TO MODIFY SERVICE: We do our best to provide you a reliable and evolving service, but we reserve the right to change, terminate, or restrict access to any aspect of the service, at any time, without notice.