Oseterics Yoga - Terms and Conditions

Updated November 13, 2022

Welcome to Oseterics Yoga. It is our pleasure to provide the services described below in accordance with the following Terms of Use (“Terms”). Please take a moment to carefully read through these terms.

1. Binding Effect - By using the Oseterics Yoga App(“we”,“us” or “our”) located in iOS store, you agree to abide by these terms of use, as they may be amended by Oseterics Pvt. Ltd from time to time in its sole discretion. The company will post a notice or email the users any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these and if any time you find the Terms of Use unacceptable, you must immediately leave the app and cease all the use of Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. Privacy Policy:- We respect the privacy of your personal information. A complete statement about the company’s privacy policy can be found by clicking here. The company’s privacy policy is deemed to be incorporated into this Agreement by this reference.

When you are required to open an account to use or access the site, app, or service, you must complete the registration process by providing the accurate information requested such as the email. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, username, or password. The company shall not be liable for any loss that you incur as a result of someone else using your password either with or without your knowledge.

3. Use of Application Software: We will make certain application software available to you from the site or via the app ( or App Store ). All the files, videos and images, and related text accompanied with the app are deemed to be licensed to you by the company for your personal, noncommercial, home use only. We do not transfer either the title or the intellectual property rights to the application software, and we retain full and complete title to the Software and the intellectual property rights therein. You are not permitted to sell, redistribute or reproduce the Software nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

4. USER CONTENT. You grant Company a license to use the materials you post to the Site, App or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, App or Service, you are granting Company, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, App or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the App or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site or App is at all times governed by and subject to laws regarding copyright ownership and use of the intellectual property. You agree not to upload, download, display, perform, modify, transform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you

6. SUBSCRIPTION, REFUND POLICY, and CANCELLATION. By providing a credit card or other payment method accepted by Company (“Payment Method”) for your Oseterics subscription, you are expressly agreeing that we are authorized to charge you a monthly or annual subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Site to the Payment Method. You are responsible for any costs you incur to access the Internet. You also agree that you are solely responsible to cancel your auto-renewal subscription on time (at least 24 hours prior to your next billing cycle) to avoid any future auto-recurring payments to your credit card.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly, quarterly, or annual renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.

We automatically bill your Payment Method each month, quarter, or year on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”, each such quarter a “Quarterly Period” and each such year, an “Annual Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. Your subscription will continue in effect on a month-to-month, quarter-t0-quarter or year-to-year basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription at least 24 hours before it renews each Monthly Period, Quarterly Period, or Annual Period in order to avoid the next billing cycle. We will bill the monthly subscription fee, quarterly subscription fee, or annual subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, the cancellation will be effective at the end of the current Monthly Period or Annual Period – this means that you will have continued access to the Site for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your account, going to the Account page, and clicking “Cancel” in the Subscription Tab (and confirming the cancellation). All terms as set forth above also apply to recurring quarterly and annual memberships if not already stated.

No refunds or partial refunds will be issued to your account or credit card. By signing up and agreeing to the terms of the subscription with The Oseterics Yoga, you agree that it is your sole responsibility to cancel your auto-renewal subscription on time if you don’t want to incur future charges. If you forget to cancel your subscription or auto-renewal subscription you agree to take full responsibility for the associated costs and fees charged to your credit card.

Once again, to avoid future charges on your next billing cycle, you must cancel your auto-renewal subscription at least 24 hours before your next billing cycle is set to auto-renew. To cancel your subscription go into the Subscription tab on the Account page under Oseterics Yoga. Upon canceling your subscription, you will continue to have access through your current billing period.

Again, all Subscriptions are auto-renewing subscriptions, and the sole responsibility of each user is to cancel 24 hours prior to the next billing cycle to avoid the next charge. If you have purchased a promotional offer please see your offer regarding the auto-renewal language and both signup pages on our site which clearly state our auto-renewal terms and read this section outlining our Terms&Conditions.

Unless you cancel on your own (24 hours before your next billing cycle) or notify us (24 hours before a charge) that you want to cancel or do not want to auto-renew, you understand your membership will automatically continue and you authorize us (without notice to you) to collect the then-applicable membership fee and any taxes, using any eligible payment method we have on record for you

App Apple Store/iTunes related Billing, Auto-Renewal and Refund Policy:

• Payments will be charged to iTunes Account at confirmation of purchase

• Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period

• Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal

• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase

• Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

8. HEALTH DISCLAIMER. Each instructional video has precautions and disclaimers related to the workout. You agree and acknowledge that the physical activity related to yoga instructional classes naturally involves the risk of physical injury. Physical exercise associated with the instructional videos may involve the use of recommended equipment such as blocks and straps and you voluntarily assume and accept any risks associated with physical activity related to the Site or App. You agree that it is your responsibility to select the courses and exercises that are appropriate for someone with your level of skill and ability. You agree to hold Company harmless from any injuries that may occur from your use of this service, Site or App.

9. COPYRIGHT INFRINGEMENT. All works of art including text, videos, audio, and graphics have been licensed for usage by Oseterics. Oseterics has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The company has adopted a policy that provides for the immediate suspension and/or termination of any content, site page, App module, or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact yoga@oseterics.com for any copyright concerns.

10. ALLEGED VIOLATIONS. The company reserves the right to terminate your use of the Service and/or the Site or App. To ensure that Company provides a high-quality experience for you and for other users of the Site, App, and Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. The company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site or App immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with the use of the Site or the Service by others.

11. NO WARRANTIES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY IS MAKING THE SITE OR APP AVAILABLE “AS IS” WITHOUT A WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE, APP, OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE, APP, OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITED LIABILITY. THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, APP, SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

13. PROHIBITED USES. The company imposes certain restrictions on your permissible use of the Site, App, and Service. You are prohibited from violating or attempting to violate any security features of the Site, App or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site or App, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site, App or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site, App or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

15. INDEMNITY. You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, App or Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and India, without reference to their rules regarding conflicts of law.

18. SEVERABILITY; WAIVER. If for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

19. NO LICENSE. Nothing contained on the Site or App should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

20. EXPORT CONTROLS. Software and the transmission of applicable technical data, if any, in connection with the Company are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

22. MODIFICATIONS. The company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site, App, and/or the Service; and (c) discontinue the Site, App, and/or Service at any time. The company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site or App following notice of any revision, you shall abide by any such revision.

23. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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