By accessing or using any part of Dhyana, the User states and confirms to have read, understood and agreed to these Terms, as amended by the Company from time to time at its sole discretion. In the event a User does not agree to any or all of the provisions of these Terms, without modification, such User is requested to not use and access Dhyana. Users are expected to review the Terms periodically to ensure that they are aware of all changes or amendments made hereto. User’s continued access or use of Dhyana following any alteration to the Terms constitutes the User’s acceptance of those alterations or modifications of the same.
The Company through Dhyana provides the following services to the Users (collectively referred to as the “Services”):
Enable Users to purchase online Dhyana Smart Ring (“ Product”) developed by the Company as specified on Dhyana; and
Enable the Users to attend meditation sessions conducted by Dhyana and measure their Mindfulness (defined hereinafter) online.
Users are required to sign up and create an authenticated account ( “Account”) by providing all required information in order to access or use the Services (“ Sign-up Process”). User shall identify a username and password and provide certain personally identifiable information including without limitation, name, age, gender, telephone/mobile number, email Id and other contact details etc (“ User Information”) in order to create and maintain an Account with Dhyana.
You agree and acknowledge that You would (i) create only 1 (one) Account; (ii) provide accurate, truthful, current and complete information when creating Your Account and in all Your dealings through Dhyana; (iii) maintain and promptly update Your Account information; (iv) maintain the security of Your Account by not sharing Your password with others and restricting access to Your Account; (v) promptly notify the Company if You discover or otherwise suspect any security breaches relating to Dhyana; and (vi) take responsibility for all the activities that occur under Your Account and accept all risk of unauthorized access. In the event the Users provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Company may terminate such User’s account and refuse current or future use of any or all of the Services.
Users shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under their account. Users shall not, under any circumstance, share their username and password with any third party, or otherwise provide to a third party the access of his/her Account. Users further agree to notify the Company immediately of any unauthorized use of their username and passwords or any other breach of security.
The Company will not be liable for any loss or damage arising from the failure on part of the Users to comply with this clause. Further, Users shall agree to indemnify and hold the Company harmless from any claims or damages suffered by the Company due to any improper or illegal use of their account.
The Company grants the User a non-exclusive, revocable, non-transferable and limited license to access and use the Services on his/her/its personal device, as made available through Dhyana. The Company may, from time to time, update or modify features of Dhyana, release new versions or create new modules related thereto, each of which may, at its discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to Dhyana through the respective Account and login credentials authenticated for a particular Use.
You are eligible to use the Services by registering with Dhyana, if and only, you comply with the following conditions:
You have completed the legal age of 18 years. In the event the User is below 18 years of age, parental consent of such User shall be required;
You are eligible to enter into a legally binding contract; and
You are not barred from entering into a contract by any applicable law for the time being in force.
You further represent and warrant that:
You have the right, authority, and capacity to enter into these Terms;.
You agree that in order to use and have access to certain Services available on Dhyana, you will have to register and create an Account with Dhyana;
You are neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company;
Your use of the Services does not violate any applicable law; and
You own or have the necessary licenses, rights, consents, and permissions to use and authorize Dhyana to use all the proprietary rights in and to any and all of the User Information, Personal Information and intellectual property pertaining to any such information to enable their inclusion and use in the course of Services being provided by the Services.
Third Party Links
Dhyana may include links to other websites or applications that are not owned or operated by the Company. The Company does not have any control over these third-party websites or applications (the “ Third-Party Links”) and is not responsible for any information, functionality, or content accessed through the Third-Party Links. Furthermore, Third Party Links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of the Company. The Users are responsible for taking the necessary precautions to protect themselves and their mobile devices, computer and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such Third-Party Links. The Company disclaims any responsibility for any harm resulting from a User’s access or use of these Third-Party Links.
Terms and Conditions for Sale and Delivery of the Product
YOUR OBLIGATION AND COVENANTS
In addition to Your other covenants in these Terms, by ordering the Product on Dhyana You acknowledge and agree that: (a) the costs involved in any non-delivery or wrong delivery of the Product by the Company due to error in the information provided by You, and, any costs of re-delivery in addition to the initial cost will be billed to You; (b) All information provided by You including your contact details, name and address, bank or credit card details belong to You, or You are authorized to use the same, that the same are authentic and You have not made any misrepresentation or acted in a fraudulent manner by making use of such information/details; (c) That before placing an order You will check the Product description carefully. By placing an order for a Product, You agree to be bound by the conditions of sale included in the item's description.
You will have to submit Your order through Dhyana for the purchase of the Product as detailed under Dhyana or you can e-mail us at email@example.com or contact us at +91 9346 205 675. Once the order is submitted it an express intention to purchase the Product and the same may not be cancelled except as provided hereunder. Based on the information provided by You and subject to the Company’s veriﬁcation of the same, the orders will be accepted by the Company for processing. All orders will be processed once the Company receives the payment for the Product. All orders shall be conﬁrmed via e-mail. The Company shall use its best efforts to ensure that order placed by You is successfully processed subject to the availability of the Product. In the event the Product is sold out or unavailable, the Company will intimate You regarding the same and either refund Your money or provide you with an opportunity to purchase a different Product of the same value. Except as specified herein, You will have no other remedy in case of non-availability of the Products selected by You.
Title and risk of loss with respect to the Product ordered by You shall pass on to You upon the Company’s shipment to the shipping carrier. The Company will make the delivery on a ‘best effort’ basis after acceptance of Your order. Subject to events beyond the Company’s control, the Product will be shipped within 24 hours of the acceptance of the order. The Company will communicate the dispatch details to You and will ship the Product to the mailing address provided by You while placing the order. If you do not receive the Product within a reasonable period of time, You should immediately notify the Company. You have an obligation to forthwith check the Product for accuracy upon receipt of the same. The Company reserves the right to cancel an order in case the order request is not acceptable to the Company. Upon such cancellation, the Company will refund the money to You. Any such cancellation shall be at the sole discretion of the Company and You will have no right to contest the same. The reasons for cancellation could be due to non-availability of the Product, inaccuracy in Product or pricing information or due to reasons of any fraud or wrong usage of payment mechanism adopted by You. Any cancellation will be intimated to You by the Company. In the event You desire to cancel any order, then, such cancellation must be done prior to the dispatch of the Product to you. Once dispatched, the Company will not accept any cancellation request from Your end.
In the event You are unhappy or unsatisfied with Your purchase of Product, the Company provides You a return, refund or exchange opportunity within 7 (seven) days of the receipt of the Product subject to the following conditions:
The request for return, exchange or refund should be raised within 7 days of the receipt of the Products from Dhyana;
The price tag and any other identification tag, the invoice and the original packing must be intact and sent back;
The Product should not have been used or should not have any dirt or scratches or tear or in short should not be rendered unsellable;
You need to mention your order number, the date of order and your date of receipt;
Ensure that the return package is appropriately sealed and sent to the Company as any damage in transit will continue to be your responsibility and this policy will cease to be applicable;
The Company has a dedicated team which will check the returned Products and their decision of your request will be final to accept or reject;
Shipping charges will not be refunded;
To request for a return, refund or exchange, please contact our customer care at +91 9346 205 675 or mail us at firstname.lastname@example.org and we will get in touch with you.
The refund, return or exchange process will be initiated only after the Company has received the Product in the condition as mentioned above. As stated, You could either get a refund of cash or exchange it for a voucher. If this is not applicable, You could exchange the purchase product for a different product of the same value or a higher value. The option will be communicated either via an e-mail provided by You to us or through a contact number which You have notified us. The Company is not responsible for any incorrect or mis-leading contact details. You will have a period of 7 days to confirm Your decision to us. In the event we do not receive any communication from You then your opportunity to obtain a refund, return or exchange will lapse. Refunds are processed in 30 (thirty) working days.
Terms and Conditions for measuring Mindfulness
Dhyana offers a facility to enable the Users to measure their breathing, relaxation and focus collectively referred to as “ Mindfulness” online by subscribing to Dhyana. Dhyana conducts various meditation sessions for the Users for measuring their Mindfulness. The User can attend the sessions and measure their Mindfulness (i) by wearing the Product; or (ii) by using the camera sensor of their smartphone which will enable the User to connect with Dhyana. The User may also measure their Mindfulness by attending meditation session conducted by a third party and running Dhyana in the background in such manner as may be specified in Smartdhayna. Smartdhayna will collect the heart rate variability of the User to measure their Mindfulness and give the results accordingly. For availing this Service, the User shall pay such subscription fee as specified in Dhyana.
The results depend on various factors including but not limited to compatible device, internet access, certain software that may require obtaining updates or upgrades from time to time, quiet environment and responsiveness of the User. By taking the test, You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material that is provided to You on Dhyana does not create a doctor/medical professional-patient relationship, but is provided for Your information, and it does not constitute a medical diagnosis, treatment or prescription. Everything on Dhyana should be used for information purposes only. Dhyana is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and the Company believes that You, in connection with the advice You receive from Dhyana, is the best decision maker about Your health. The Company shall not, directly or indirectly, be responsible for the accuracy of the results. We do not recommend or endorse any specific tests, procedures, opinions, or other information that may be mentioned on Dhyana. Reliance on any information provided on Dhyana is solely at Your own risk. People with existing mental health conditions like anxiety and depression amongst others, should speak with their health care providers before starting a meditation practice. If You are unsure about whether our Products and/ Services, please consult a licensed medical practitioner before availing our Services.
To enjoy this Service (as specified in this Section 8) via your smartphone or other device, your device must satisfy certain system requirements. For iPhone users, this requirement is that all devices must be iPhone 5 and above. iOS on the phone must be iOS 10 and above. For more information on your iPhone, please visit www.apple.com.
For Android users, this requirement is that the Android Operation System must be Android 5 and above. Furthermore, the device must have the necessary hardware that supports BLE (Bluetooth Low Energy). For more information on your Android phone, please contact your phone provider.
The fee/consideration charged by the Company (including that for any of its Services, and for the Product) can be paid online via Credit Card, Debit Card, Net Banking, UPI Payment, and through multiple online payment wallets such as Payzapp, Paytm, etc. You acknowledge that your payments shall also be governed by the terms and conditions of the respective payment methods/payment gateways. You agree, understand, confirm and state that the details (whether of debit card, credit card, net banking, UPI Payment or payment through online wallets) provided by You to make payment and transact on Dhyana will be correct, accurate and is owned by You. In the event You use a payment details belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the said details/payment mode for making payments. The Company will not be liable for any payment fraud including any credit card/debit card fraud. The liability for use of a payment mode fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User. In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover the cost of servicing, collection charges, attorney’s charges etc., from a User using Dhyana fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of Dhyana and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Users shall not use the Services provided by Dhyana:
for any unlawful purpose or in violation of any applicable laws; or
in a manner that will infringe the copyright, logo, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others; or
post any content that is defamatory, libelous, obscene, threatening, abusive or is offensive to other Users, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
post any content that is false or misleading; or that harasses or advocates harassment of another person.
Users are also prohibited from violating or attempting to violate the security of Dhyana, including, without limitation the following activities:
accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with Services to any User, host or network, including without limitation, submitting a virus to Dhyana, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or
transmitting any viruses, worms, defects, bugs, Trojan horses or other items of a destructive nature;
removing any copyright, trademark or other proprietary notices from any portion of Dhyana;
reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploit Dhyana except as expressly permitted by the Company;
submitting any User Information unless you are the owner of the rights in such User Information or have the permission from the rightful owner to share the material and to grant the Company all of the license rights granted therein;
decompiling, reverse engineering or disassembling Dhyana except as may be permitted by applicable law;
linking to, mirroring or framing any portion of the Services;
reformatting any portion of the pages that are part of Dhyana;
accessing Dhyana through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built-into Dhyana;
causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Dhyana or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
attempting to gain unauthorized access to or impairing any aspect of Dhyana or its related systems or networks or Services;
infringing any intellectual property or other proprietary rights of any third party;
copying or using the information, content or data of others available on Dhyana (except as expressly authorized); and
overriding any security feature of the Services.
Further, violations of system or network security may result in civil or criminal liability.
User understands and agrees that the Company may review any content on Dhyana, and in case the Company finds, in its sole discretion, that the User has violated any of these Terms (especially Clause 10), the Company reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or content from Dhyana and/or terminating the registration of such violators and/or blocking their use of the Services.
The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
In order to ensure a safe and effective experience for all the Users, Company reserves the right to limit the amount of data that may be accessed by them in any given time period. These limits may be amended at the Company’s sole discretion from time to time.
The User acknowledges that in no event shall Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of any User or anyone else in connection with the use of the Services.
The Company acknowledges that it employs industry standard security protocol to ensure that the information that are stored, transmitted or transferred through Dhyana is protected and the same is hosted on a secure server. However, the Company shall not be held responsible for the loss of content or the information that is being transmitted through Dhyana due to any technical issues from other sources. In order to keep the Account safe, the Users are suggested to change the passwords of his/ her account with Dhyana periodically.
Dhyana or the User will select a username and password when completing the registration process. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password.
Dhyana, its technology, computer programs, codes, all information available thereon, images, videos, logos, trade names, domain names, service marks and other materials on it, including the look and feel of the mobile application (collectively “ Mobile App Content”), are the exclusive intellectual property of the Company and/or its affiliates. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on Dhyana or Mobile App Content, without express and written approval of the Company shall be violation of the relevant intellectual property laws.
The Company respects the intellectual property rights of others (the “Claimant”) whose work might allegedly be infringed by the Company. If the Claimant believes that any material on Dhyana infringes upon their copyright, they may notify the Company through an email at email@example.com.
These Terms shall remain in full force and effect unless and until your Account is terminated as provided herein. Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement.
User may deactivate his/ her account and end the registration and/or subscription with Dhyana at any time, for any reason by sending an email to firstname.lastname@example.org. The Company may also suspend or terminate your use of Dhyana, your account and/or registration, at any time, for any breach of these Terms. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications or materials posted or uploaded on to Dhyana pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide the Services to the User. Any subscription fee already paid by the User will not be refunded by the Company in the event of such termination.
The Company further reserves the right to terminate this Agreement or discontinue the Services provided through Dhyana or any portion or feature thereof for any or no reason and at any time without liability to you.
The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
Disclaimer & Warranties
THE CONTENT AND ALL SERVICES ASSOCIATED WITH DHYANA ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF DHYANA OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING (i) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON DHYANA OR (ii) OF THE SERVICE AND PRODUCTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ENGAGES AND EMPLOY THE BEST METHODS TO SAFEGUARD AND PROTECT AGAINST VIRUSES, INFECTION, ETC, HOWEVER, DESPITE SUCH BEST EFFORTS, THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. THE COMPANY EXPRESSLY DISCLAIMS ANY EMERGENCY SERVICES.
THE COMPANY IS A PROVIDER OF WEARABLE TECHNOLOGIES AND ONLINE MOBILE MEDITATION CONTENT IN THE HEALTH & WELLNESS SPACE. THE COMPANY IS NOT A HEALTH CARE OR MEDICAL DEVICE PROVIDER, NOR SHOULD THE PRODUCT BE CONSIDERED MEDICAL ADVICE. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN DO THAT. WHILE THERE IS THIRD PARTY EVIDENCE FROM RESEARCH THAT MEDITATION CAN ASSIST IN THE PREVENTION AND RECOVERY PROCESS FOR A WIDE ARRAY OF CONDITIONS AS WELL AS IN IMPROVING SOME PERFORMANCE AND RELATIONSHIP ISSUES, THE COMPANY MAKES NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT THE PRODUCTS PROVIDE A THERAPEUTIC BENEFIT. ANY HEALTH INFORMATION AND LINKS ON THE PRODUCTS, WHETHER PROVIDED BY THE COMPANY OR BY CONTRACT FROM THIRD-PARTIES, IS PROVIDED SIMPLY FOR YOUR CONVENIENCE.
ANY ADVICE OR OTHER MATERIALS IN THE PRODUCTS ARE 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 INDIVIDUAL CONDITION AND CIRCUMSTANCES. THE ADVICE AND OTHER MATERIALS WE MAKE AVAILABLE ARE INTENDED TO SUPPORT THE RELATIONSHIP BETWEEN YOU AND YOUR HEALTHCARE PROVIDERS AND NOT REPLACE IT. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES OF YOUR HAVING READ OR BEEN TOLD ABOUT SUCH ADVICE OR OTHER MATERIALS AS YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS. IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE ADVICE, OTHER MATERIALS AND INFORMATION PUBLISHED AS PART OF THE PRODUCTS.
THE COMPANY TRIES TO PROTECT YOUR DATA ON DHYANA, BUT YOU AGREE TO UPLOAD/KEEP YOUR DATA AT YOUR OWN RISK. DHYANA IS NOT RESPONSIBLE FOR MISUSE OF YOUR DATA BY ANOTHER USER OR BY A THIRD PARTY.
THE COMPANY DOES NOT GUARANTEE THAT YOUR DATA WILL ALWAYS BE INTACT OR THAT YOUR DATA WILL NOT BE ERASED OR FORMATTED. HOWEVER THE COMPANY SHALL TAKE NECESSARY PRECAUTIONS TO THE BEST OF ITS ABILITIES TO SAFEGUARD YOUR DATA WITHOUT BEING ERASED OR LOST.
THE COMPANY DOES NOT GUARANTEE THAT DHYANA WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR BUG-FREE OR THAT DHYANA WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE COMPANY, THE COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF DHYANA.
IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO YOU OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICES PROVIDED BY DHYANA.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF DHYANA OR DUE TO SPECIFICATIONS, CONTENT, OR OTHER PRODUCTS AND SERVICES PROVIDED BY DHYANA, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
If anyone brings a claim against the Company related to your actions, you will indemnify and hold the Company and its affiliates harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Dhyana and is not responsible for any of your actions in using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on Dhyana. The Company is not responsible for the conduct, whether online or offline, of you.
The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting. The Company will inform you of such additions/alterations through e-mails or messages to your Account, notices posted on Dhyana, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted on the Dhyana.
Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately.
Governing Law, Jurisdiction and Dispute Resolution
These Terms shall be governed by, interpreted and construed in accordance with the laws of Republic of India. User will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law at Hyderabad, Telangana.
If anyone brings a claim against the Company related to your actions, User Information, or any other information provided by You to the Company, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Dhyana and is not responsible for the User Information you transmit or share on or use on the Website or for any of your actions using the Services. The Company is not and shall not be responsible for Your conduct, whether online or offline, in the dealings with or facilitated by Dhyana and the Company.
Vouchers Issued by the Company
The Company also issues various vouchers from time to time. Dhyana has the right to refuse the usage of any voucher at any point of time. Vouchers which have expired cannot be used. Dhyana can at any time ask the User for the proof of having received the voucher. Vouchers can be used only on specific orders as deemed fit by Dhyana. Applicability of vouchers on certain items, on specific orders, or on specific dates or occasions are at the discretion of the Company. Vouchers cannot be clubbed with any other special offer on Dhyana, unless expressly otherwise stated. The vouchers cannot be transferred to any other User.
These Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect.
No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for mere convenience of the User.
All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
The Company reserves the right to research and publish general user behavior categorized at its discretion.
By using Dhyana and these Terms, You agree to receive account and feature e-mails, calls and messages from the Company.
Dhyana uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of Dhyana, research and development, and for User administration. In the course of serving advertisements or optimizing Services to You, Dhyana may allow authorized third parties to place or recognize a unique cookie on the Your browser. The Company does not store personally identifiable information in the cookies.
What the Company Collects From You
Any data about You, by which You, as a person can be identified, including without limitation, your name, gender, business name, its address, email address, date of birth, any identity proof number, phone number, medical records etc., to which Dhyana has or is likely to have access by virtue of your consensual submission ( “Personal Data”). Personal Data shall also include the information of such third parties that Dhyana may have access to during the course of providing the Services to you. Dhyana may also collect recurring information of your geographic locations on a continuous basis. Dhyana collects such Personal Data from you because of your voluntary submission of such information in order to enjoy the Services.
Dhyana may also collect such other anonymous data that is not associated with or linked to any Personal Data (“ Anonymous Data”) and which, by itself, does not permit the identification of any individual User. Anonymous Data includes without limitation, unique identifiers of the device on which Dhyana is installed, such as VPN, information of WiFi connectivity and such other information. Dhyana may also store this unique identifier, at many times and create a profile for you based on such Anonymous Data.
In addition, Dhyana shall automatically collect certain other information, including but not limited to usernames, passwords, and other security and usage related information, whenever you visit or utilize the Services such as Log Data, Analytical Code, Time Stamp, Geo Stamp, IP address, version and identification number of the App and device, browser type, browser language, the date and time of your request, your profile, websites visited by you, search terms used, your mobile carrier data, platform type, number of clicks, phone number, requested status of other Users and various status information with regard to the Services provided through Dhyana ( “Usage Information”). Such Usage Information collected is not associated with any Personal Data and is only tagged to the unique identifier for a particular device.
Dhyana uses data collection devices such as “cookies” on your device through which Dhyana is accessed that assist Dhyana (a) in providing Services; and (b) to allow you to enter your password less frequently during a session. Most cookies are “session cookies”. A Session cookie is temporary and is automatically deleted from your device at the end of a session. You are always at an option to decline Dhyana’s cookies if the application permits, although in that case you may not be able to use certain features on Dhyana and you may be required to re-enter your password more frequently during a session.
How the information collected is being used
Dhyana may use the Personal Data and other information collected as mentioned above for any of the following purposes –
to effectively provide the Services;
for the purposes of software verification or administering software upgrades;
to allow you to participate in surveys regarding Services;
to maintain the quality of the Services and provide general statistics regarding their use;
to deliver Services, including email notifications, confirmations, technical notices, updates, security alerts, and support and administrative messages that you may request;
archival or backup purposes;
to alert you about updated information and other such new or updated services that may be offered by other Users;
to allow access to exclusive features or functionality of Dhyana;
to launch and/or open other mobile applications installed on your device based on functionality of Dhyana; and
to resolve disputes, collect fees and troubleshoot problems.
Sharing of the collected information
Dhyana may share the Personal Data received from you:
With the Company’s affiliates in connection with matters relating to the consumption of Services by you to help detect and prevent identity theft, fraud and other potentially illegal acts; correlated or multiple accounts to prevent abuse of Services; and to facilitate joint or co-branded services that you request, where such services are provided by more than one corporate entity other than the Company; and
The Company shall not rent, sell, or otherwise provide Personal Data received from you to third parties without your consent, except as described in this Policy or as required by law. However, the Company and its affiliates reserve the right to share, sell and transfer some or all of the Personal Data to other business entities should the Company, or its assets, plan to merge with, or be acquired by that business entity.
Security of Personal Information
The Company has implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse, alteration and security of the Personal Data received from you in the Company’s care. The Company’s security practices and procedures limit access to Personal Data on need to know basis only. Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for its servers and other technically and commercially reasonable measures.
The Company is committed to protecting the security of any Personal Data and uses reasonable efforts including a variety of security technologies and procedures to help protect such Personal Data from any unauthorized access, use or disclosure. The Company will take all reasonable measures in furtherance of the above commitment. However, the Company cannot guarantee that the Personal Data received from you and other information stored on the servers will be absolutely protected. Company’s systems and the communications networks through which you access Dhyana may be subject to security breaches and failures due to circumstances beyond Company’s reasonable control. These may include computer "hacking", data theft or and physical theft among others. In such situations, the Company will try to rectify the problems as soon as possible.
Any data destroyed shall be disposed of in a manner that protects the privacy of the Personal Data received by Dhyana from you in an appropriate manner as per the industry standard practices and norms.
The User hereby acknowledges and understands that all Personal Data provided in using the App is with their knowledgeable consent and at the User’s own risk.
As a registered user of the Services, you have certain obligations to other users. Some of these obligations are imposed by Applicable Law and regulations, and others have become commonplace for Services as offered by Dhyana:
you must not upload or insert any comments that may be deemed to be injurious, homophobic, bigoted, violent, offensive, racist or xenophobic, or which may otherwise violate the purpose and spirit of Dhyana, Company and its community of users;
You must keep your username and passwords confidential and not share it with others; and
All information given must be genuine and true to your best knowledge. The Company shall not be held responsible in case of any fraudulent information given at the time of registration for using Dhyana.
Any violation of the guidelines as mention in this Clause 5.1 may lead to the restriction, suspension or termination of your account with Dhyana, at the sole discretion of the Company.
You have certain rights regarding your Personal Information, subject to the local data protection laws. If you are in the European Economic Area (EEA), you have the following rights:
Right to Access: You have the right to request for a copy of, or access to your Personal Information held by us. You may be required to prove your identity before providing the requested information;
Right to Rectification: You have the right to direct the Company to rectify any inaccurate or incomplete Personal Information;
Right to Deletion; Right to be Forgotten: You have the right to request the Company to delete your Personal Information to the extent Diligent is not required to retain such data in order to comply with a legal obligation;
Right to Data Portability: You have the right to request the Company to transfer your Personal Information to another data controller to the extent possible;
Right to Object: You have the right to object to any processing of your Personal Information carried out on the basis of our legitimate interests;
Right to Withdrawal of Consent: If you have consented to the processing of your Personal Information by the Company, you have the right to withdraw your consent at any time.
International Transfer of Data
In the process of providing you the Services, the Company may transfer your Personal Data and other information that it collects to affiliated entities or other third parties across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. You understand, acknowledge and consent to transferring information and permitting the transfer of information, including Personal Data, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. You hereby consent to the transfer of your information across countries or jurisdictions around the world. If you are in the EEA, your Personal Information may be processed outside the EEA, in countries which may not provide for the same level of data protection as in the EEA. In this event, the Company will ensure that such recipient offers an adequate level of protection by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or the Company will ask you for your prior consent to such international data transfers.
The usage of the Services is exclusively governed by the laws of India and the jurisdiction of the competent courts in Hyderabad, Telangana. The Company expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
Third Party Application Stores
The App can be downloaded from third party application stores including Google Play, and iTunes Store. The App may contain links to other third-party websites that may collect the Personal Data. The User agrees to comply with all third-party privacy policies, if any, applicable to the use of such applications or its services. The Company is not responsible for the User’s use of any third party product and/or service including the terms and conditions, privacy practices or the content of those linked websites or such third party product and/or service or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of such mobile applications.
Dhyana may use third-party advertising companies to serve advertisements when you contact it. These companies may use information (not including name, address, email address, or telephone number of the user) about your visits to Dhyana and other websites in order to provide advertisements about goods and services of interest to you.
Any grievances or questions regarding this statement should be directed to the following e-mail address: email@example.com