These terms and conditions (the Terms) set out the basis on which you may browse and use our ShivYog Play application (App). They also apply to any subscription to the content, products and services available on the App (Content).
The App is owned and operated by SYC Infinite, registered address at 579 Clyde Avenue, Mountain View, California, USA. (we, usor our).
Your use of the App will be governed by these Terms and any other documents contained in these Terms, which will form a legal contract between us and you. By browsing or using the App you are agreeing to be legally bound by the Terms.
Changes to the Terms
We may revise the Terms from time to time in the event that there are changes in relevant laws and regulatory requirements or there are changes to our business practices.
If you are an existing subscriber we will email you and give you reasonable advance notice of any changes to these Terms before they take effect and let you know how to cancel a subscription if you are not happy with the changes.
Your use of the App will be subject to the most recent version of the Terms available on the App. We recommend that you read through the Terms available on the App regularly so that you can be sure that you are aware of any changes that may apply to you.
Access and use of the App
The App is currently made available to you for your personal, non-commercial use and should in no way be connected to any trade, business or professional activity.
Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice to you.
You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
You are responsible for making all arrangements necessary for you to have access to the App.
You are responsible for ensuring that all persons who access the App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Registration
To access our Content made available on the App, you will need to register. When you register you are required to provide accurate, current and complete information about yourself, and maintain and promptly update your personal information contained in your account profile.
The account password you provide should be unique and kept secure. You agree not to share your account password, and to keep your password confidential. You must notify us immediately in the event of any security breach or unauthorised use of your account.
Prices and Payment
There is currently no charge to download the App and some Content will be made available free of charge. Access to further Content shall require you to purchase a subscription from the App.
We offer recurring monthly and recurring one year subscriptions, and may offer different subscription options in future. For the purposes of these Terms, one month constitutes 30 calendar days and one year constitutes 365 calendar days.
Monthly subscriptions shall be paid in advance by monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that we are authorised to charge the same credit card or other payment method as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly subscription fee will continue to be billed automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee. Refunds cannot be claimed for any partial-month subscription period.
One year subscriptions shall be paid in advance by a one-off payment with automatic one year renewals. You acknowledge and agree that we are authorised to charge the same credit card or other payment method as was used for the initial subscription fee at the rate secured at the time of purchase or at a rate notified by us to you in reasonable time in advance of renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee. Refunds cannot be claimed for any partial subscription period.
Please ensure that you read these Terms carefully, and check that the details in your subscription order are complete and accurate, before you submit the order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
When you submit any subscription order to us, this does not mean we have accepted your order. All orders are subject to availability and confirmation of the order price. Payment will be taken once the order has been accepted and you will receive an email confirming that your order has been accepted. A legally-binding contract between us under which we will permit you access to Content will only be formed when we send you this confirmation.
You may only pay using the methods of payment displayed on the payment page; no other methods of payment will be accepted. Payment will be in Indian Rupees for users logging in from India and US Dollars for all other users. All fees are inclusive of VAT (if applicable). You agree not to hold us responsible for banking charges incurred due to payments on your account.
We will use our reasonable endeavors to ensure that all prices and details of the Content listed on the App is correct, however errors may occur. We will notify you as soon as possible in the event that there has been an error, and you will be given an option of confirming the order with the correct price, or cancelling the order and receiving a full refund. If we are not able to contact you after reasonable attempts have been made, we will treat the incorrect order as cancelled, and you will receive a full refund.
Cancellation and Refunds
You may cancel auto-renewal of a monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Refunds cannot be claimed for any partial-month subscription period.
We may have to cancel an order before the Content is made available to you due to an event outside our reasonable control. If this happens we will promptly contact you to let you know and if you have made any payment in advance for Content that has not been delivered to you, we will refund these amounts to you.
We will only make refunds to the same method of payment which you used to make your purchase.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Site, App and Content. You may download extracts of any page(s) from the App, provided that:
the material shall not be reproduced or included in any other work or publication in any
medium;
the material may not be modified or altered in any way;
you may only use the material for personal, non-commercial purposes;
the material may not be distributed or sold to any third party; and
you do not remove any copyright or other proprietary notices contained in the material.
If you copy or use any part of the App made available through them in breach of the Terms, your right to use the App will cease immediately and you must destroy any copies of the materials you have made.
Data protection and privacy
Any personal information that we collect from you as you browse and use the App will be used in accordance with our privacy policy. To find out more about the data we collect from you and how we use it please read our privacy policy.
By accepting the Terms you also consent to our use of your personal data in accordance with our Privacy Policy.
Complaints or Queries
If you have any queries or complaints about the App or the Content, please contact us using the contact information as detailed in Clause 1.4. We will use reasonable efforts to respond to you promptly.
Links to and from the App
You may link to any page of the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the App in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
Where the App contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway.
Availability
We do not guarantee that the App will always be available, be uninterrupted, secure or free from bugs or viruses, or that the App will be free from errors or omissions.
We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to operate the App, or supply Content to you due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour, materials or a failure of public or private telecommunications networks.
If an event outside of our reasonable control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control.
Limitation of our liability
You acknowledge that the App have not been developed to meet your individual requirements. You agree not to use the App for resale purposes.
We only supply the Content for domestic and private use. You agree not to use the Content for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
Unless prohibited by law, our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to $100.00.
You shall indemnify us in the event that we incur any claims, costs, damages, losses, or other liability as result of any your actions or omissions, or through using the App in breach of these Terms.
Nothing in these Terms excludes or limits our liability for:
death or personal injury caused by our negligence,
fraud or fraudulent misrepresentation,
breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession);
breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples);
defective products under the Consumer Protection Act 1987; or
any other liability which cannot be excluded or limited by law.
Medical Disclaimer
We are a provider of Content relating to meditation and mindfulness practices. We do not provide medical advice. Any advice or other materials on the App is intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. We make no guarantees that meditation will have any benefits to users. Any user experiencing medical issues or needing medical advice should consult their doctor. You agree that we are not liable or responsible for any actions taken due to you having read the Content on the App. In particular, and to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on the App.
General
The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and the non-exclusive jurisdiction of the English Courts.
