Terms of Service
Last Updated: November 13, 2020
Wellnesys Inc., having its registered office at 1656 Buford Highway, Cumming, GA 30041, U.S.A (“Company” or “we” or “us” or “our”), is the owner of the website domain at https://www.yogifi.fit and mobile application YogiFi available at Google Play Store/Apple Play Store (collectively referred as “Platform”).
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
“Company,” “we,” “us,” or our” means Wellnesys Inc. and any other companies that are its subsidiaries and affiliates.
“Service(s)” means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
“User” or “you” shall mean any person or entity who shall avail Services on the Platform, or his/her representatives or affiliates who are registered on the Platform.
2. Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform/Services after the Updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the Updated Terms and Conditions. Any reference to Terms of Service, TOS, made herein shall refer to the latest version of the Terms of Service.
3. Service(s) provided to Users
Company is offering a Platform by which Users can avail health and wellness services using Company’s product “YogiFi Smart Yoga Mat” (“Product”) and services provided on the YogiFi Mobile App. Company offers below mentioned Services including, but not limited to these services:
a. Personal Guidance in your yoga practice;
b. A virtual yoga instructor that verifies your postures and provides corrective suggestions;
c. A fitness tracker that measures your strength, endurance, balance and flexibility for each practice;
d. Integration of third party smart watches such as Apple Watch to capture the heart rate/display/history.
e. A yoga companion that motivates you to practice every day and pursue your goals.
f. YogiFi Mobile App delivers an Interactive Yoga experience by tracking the joints of your body through the phone’s camera to analyze your posture and provide real-time feedback!
Kindly note that the aforementioned Services are provided to Users who have purchased the Product. In the event if the Product which is being used by User is not functional (for whatsoever reasons), the Services may be disrupted. It is the responsibility of the User to ensure that the Product is maintained in a good condition.
Company, may upon prior intimation or without prior intimation, reserves the right to modify the Services provided to Users. In the event of such modifications/amendments to the Services, the same shall be published on the Platform.
4. Product- Purchase & Support
- Product has to be purchased from our website at https://www.yogifi.fit.
- User acknowledges that in order to avail Services, Product should be in a good and functional condition.
- User acknowledges that he/she shall not have any right to sublet or lease or commercially exploit the Product.
- The Company warrants that for a period of one (1) year from the delivery of the Product “Warranty Period”), the Product shall be free from any material defects and shall adhere to specification as stated in https://www.yogifi.fit/technology (“Product Warranty”). In the event if there is any breach of Product Warranty, (a) Company shall repair the defective portion; or (b) in the event if Company is unable to repair the defective portion, replace the Product; or (c) in the event if the Company is unable to repair/replace the product, Company shall provide with refund of the total value of the Product. User agrees and acknowledges that the remedies stated herein shall be the sole and exclusive remedy available to the User in the event of breach of Product Warranty by Company. However, Company shall not be liable for such remedies in the event if the breach of Product Warranty arose due to the acts/omissions/negligence of the User.
- The Product Warranty is valid only in the jurisdictions where the Products are sold by us and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.
- In the event if there are any issues relating to the Product, you may reach out to our customer center.
- By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts.
6. User Account Registration
1. User who is at least 18 years of age may create an account and purchase the Services. Any purchase of Services by anyone under 18 is expressly prohibited and by doing so you represent and warrant that you are 18 years or older. In order to use the Platform, you have to create an account (“Account”). However, if in case Services need to be availed by any minor, parents/guardian of such minor shall create an Account on behalf of such minor and shall be severally responsible for the acts and omissions of such minor.
2. You can create Account by logging into your account with certain third-party social networking websites (“SNS”) including, without limitation, Google, Facebook, Apple (a “Third- Party Account”), via our Platform, as described below:
- As part of the functionality of the Platform, you may link your Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to Platform; or (ii) allowing Platform to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account -login information to Platform and/or grant Platform access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern your use of the Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers.
- By granting Company access to any Third-Party Account, you understand that the Company will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account, so that it is available on and through the Platform. Unless otherwise specified in these TOS, all SNS Content, if any, will be considered to be User’s data for all purposes of these TOS. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Account will be available on and through your Platform.
- Please note that if a Third- Party Account becomes unavailable, or User’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform. You have the ability to disable the connection between your Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Platform and Application. However, under such circumstances, the Services may be discontinued by the Company, at its sole discretion.
- Please note that your relationship with any third- party service providers associated with your third- party accounts is governed solely by your agreement(s) with such third- party service providers. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Company is not responsible for any SNS Content.
7. Platform License
- Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted herein.
- You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Platform or its licensors, except for the licenses and rights expressly granted in the TOS
- The usage of the Platform is free of cost and the Company is not charging any fees for usage of Platform.
- However, Services and the Product can be availed as per the plans made available by Company at https://www.yogifi.fit/pricing. The Company reserves the right to adjust pricing for the Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to the User.
- Each Party shall comply with applicable tax laws, be liable to fulfill its tax obligations and incur tax, charges, cost and fees as applicable.
9. Cancellation and Refund Policy
- User shall have the right to return the Product within thirty (30) days from the delivery of the Product. However, the expenses (including logistic expenses) relating to returning the Product from User’s location to Company’s premises needs to be incurred by User.
- User shall have the right to cancel the subscription as stated in the Platform and the effective date of such cancellation shall be considered to be the date on which the monthly/subscription was expected to be renewed. When you cancel a subscription, you are entitled to cancel only future charges for the subscription. User will not receive a refund for the current Subscription Term you had already paid. However, you will continue to have full access to that Subscription until the end of that current Subscription Term.
10. Compliance with Export Control Laws
- No Services from the Platform may be downloaded or otherwise exported or re-exported in breach of the export controls of the US Government, without prejudice to the generality of the foregoing, no Services from the Platform may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed or restricted goods or services; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders; or (3) by or to anyone whose export privileges has been suspended, revoked or denied, in whole or in part, by the Bureau of Export Administration of the U.S. Commerce Department or any other U.S. Government entity or agency.
- By using the Services from the Platform, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not access, download, use or export the information, software, products or services contained on the Platform in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.
11. Use of Your Information and Content and other content displayed on the Platform
- We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
- You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
12. Third Party Services
The Company shall provide Users to connect with third party service providers. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
13. Rules and Conduct
- As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
- Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
14. Alerts Provided by The Company
- The Company provides you with multiple automatic alerts while providing Services.
- You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
15. Contact You
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
- Obtaining feedback in relation to Platform/Services/Product;
- Resolving any complaints, information, or queries by other Users; and
- You agree to provide your fullest co-operation further to such communication by Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to such feedback confidential.
16. Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.
17. Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
- violating or attempting to violate the integrity or security of the Platform;
- transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
- intentionally submitting on the Platform any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
- Any unlawful activities in the Platform which are prohibited by laws of United States.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in United States, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
The Company offers email-based and online support tools. You may access support resources or contact our support by emailing at [email protected]. In some regions or associated with certain partners, we may direct you to obtain support from third party service providers. The Company does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems, which you may be having. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
EXCEPT FOR THE PRODUCT WARRANTY (As specified clause 4 [III]), THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICES OFFERED BY COMPANY REQUIRES YOU TO UNDERTAKE VARIOUS PHYSICAL ACTIVITIES AND POSTURES. COMPANY SHALL NOT BE RESPONSIBLE AND WILL NOT ACCEPT ANY LIABILITY FOR ANY DISABILITY, INJURIES OR INCAPACITATION OR ANY OTHER HARM CAUSED TO YOU ON ACCOUNT OF YOUR PARTICIPATION IN PRACTISING YOGA AND ON ACCOUNT OF FOLLOWING THE EXERCISES, ASANAS AND TECHNIQUE AS PER COMPANY’s INSTRUCTIONS. COMPANY SHALL FURTHER NOT BE RESPONSIBLE FOR DEATH OF ANY PARTICIPANT WHICH MAY BE ATTRIBUTED EITHER DIRECTLY OR INDIRECTLY ON ACCOUNT OF YOUR PARTICIPATION IN THE PERFORMING OR BY FOLLOWING THE INSTRUCTIONS OF COMPANY.
COMPANY ADVISES YOU TO CONSULT YOUR PHYSICIAN BEFORE TAKING UP THE COURSES ON YOGA, IF YOU SUFFER FROM ANY EXISTING OR CHRONIC INJURIES OR ANY DISABILITIES. AS THE PRACTICE OF YOGA INVOLVES PHYSICAL ACTIVITY THERE ALWAYS EXISTS A RISK OF INJURY. YOU AGREE AND ACCEPT COMPLETE RESPONSIBILITY FOR YOUR PHYSICAL AND GENERAL WELL-BEING WHILE PRACTICING THE EXERCISES, ASANAS AND TECHNIQUE. FURTHER, THE COURSES OFFERED BY COMPANY ARE NOT AND DO NOT CLAIM TO BE A HEALING TECHNIQUE OR SUBSTITUTE FOR MEDICAL ADVICE FOR ANY INJURY OR AILMENT THAT YOU MAY BE SUFFERING. IF YOU EXPERIENCE ANY PAIN OR DISCOMFORT ON ACCOUNT OF FOLLOWING THE ACTIVITIES, ASANAS, EXERCISES AS DEMONSTRATED AS PART OF THE COURSES AND VIDEOS, PLEASE SEEK MEDICAL ADVICE AT THE EARLIEST
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services, Product and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
22. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE TOTAL VALUE OF THE PRODUCT. (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
23. Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
- your failure to cooperate;
- your unavailability and/or unresponsiveness;
- your failure to provide accurate and complete information;
- your failure to provide or facilitate the submission of User Materials in timely manner;
- any event beyond Company’s reasonable control.
24. Dispute Resolution by Binding Arbitration:
a. Agreement to Arbitrate
This Dispute Resolution by ‘Binding Arbitration’ section is referred to in these TOS as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to these Terms and Conditions (including any alleged breach thereof), the Product, the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
You and company agree that each of us may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and company agree otherwise, the Arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the Arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
c. Pre-Arbitration Dispute Resolution
Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice“). The Notice to Company should be sent to 1656 Buford Highway, Cumming, GA-30041, U.S.A. (“Notice Address“). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA“) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules“), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control, unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms and Conditions as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $399 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $399, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is USD $399 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $399 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms and Conditions to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
25. Governing Law
If you reside in the United States, these Terms and Conditions shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, as a U.S. resident, you and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Georgia, US.
- The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Product, Services and usage of Platform.
- If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
- The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
- No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
27. Grievance Redressal Mechanism
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Attention: Vinod Ajjarapu
Email ID: [email protected]
Address: 1656 Buford Avenue, Cumming, GA 30041, U.S.A.
If you have any questions regarding the Services or usage of the Platform, please contact Company at [email protected]. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.