Use of the Platform or Services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the THE AASTHA CIRCLE website located at theaasthacircle.in, and all associated sites, or any similar platform on any device and/or before availing any services offered by THE AASTHA CIRCLE on the Platform which may include services such as meditation session registration, donation or contribution or any other service that may be offered by THE AASTHA CIRCLE (NGO).
THE AASTHA CIRCLE has its registered office at D-47, Laxman Marg, Hanuman Nagar, Vaishali Nagar, Jaipur – 302021, Rajasthan, INDIA. For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all our services, whether offered by THE AASTHA CIRCLE (NGO).
Acceptance
By registering on, accessing, browsing, downloading or using the THE AASTHA CIRCLE Platform for any general-purpose or for the specific purpose of availing any THE AASTHA CIRCLE Service, you agree to be bound by the terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each THE AASTHA CIRCLE Service.
If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the THE AASTHA CIRCLE Platform and immediately terminate your availing the THE AASTHA CIRCLE Services.
Accepting or agreeing to the T&Cs will constitute a legal contract between you, being at least 18 years of age and an individual user of the THE AASTHA CIRCLE Platform or a customer, donor or beneficiary of the THE AASTHA CIRCLE Services. All services are rendered by THE AASTHA CIRCLE through the THE AASTHA CIRCLE Platform under the brand name "THE AASTHA CIRCLE" (or any derivatives or variations thereof).
As long as you accept and comply with these T&Cs, THE AASTHA CIRCLE grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the THE AASTHA CIRCLE Platform and/or avail the THE AASTHA CIRCLE Services.
Indemnification
You agree to indemnify, save, and hold THE AASTHA CIRCLE, its affiliates, employees, officers, and trustees harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to:
- Your use or misuse of the THE AASTHA CIRCLE Services or of the THE AASTHA CIRCLE Platform;
- Any violation by you of this Agreement; or
- Any breach of the representations, warranties, and covenants made by you herein.
THE AASTHA CIRCLE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify THE AASTHA CIRCLE, including rights to settle, and you agree to cooperate with the defense and settlement of these claims. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, THE AASTHA CIRCLE and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
You acknowledge that THE AASTHA CIRCLE is a purely social not-for-profit enterprise, registered under Income Tax Act, 1961, and is not liable for any third party obligations. You expressly agree that the use of the THE AASTHA CIRCLE Services on our Platform is at your sole risk.
The THE AASTHA CIRCLE Services and our Platform are provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied. In no event will THE AASTHA CIRCLE be liable for any incidental, consequential, or indirect damages arising out of the use of or inability to use our Platform.
Ownership; Proprietary Rights
The THE AASTHA CIRCLE Services and our Platform are owned and operated by THE AASTHA CIRCLE for Social Welfare. The visual interfaces, graphics, design, compilation, information, computer code, services, and all other elements of our Services and Platform provided by THE AASTHA CIRCLE are protected by international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
You agree not to remove, obscure, or alter THE AASTHA CIRCLE's or any third party's copyright, patent, trademark, or other proprietary rights notices. Except as expressly authorized by THE AASTHA CIRCLE, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the services.
Dispute Resolution
If any dispute, controversy or claim arises under this Agreement or in relation to any THE AASTHA CIRCLE Service or our Platform, the parties shall use all reasonable endeavors to resolve such dispute amicably. If the parties are unable to resolve the dispute amicably within 90 days of the notice, THE AASTHA CIRCLE may elect to resolve any dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996.
Such dispute shall be arbitrated on an individual basis. The dispute shall be resolved by a sole arbitrator. The seat of the arbitration shall be Jaipur and the language of this arbitration shall be English. This paragraph shall survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against THE AASTHA CIRCLE must be resolved by a court having jurisdiction in Jaipur, India. You agree to submit to the personal jurisdiction of the courts located within Jaipur, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law.