Welcome to u-liv.com (the “Platform”,
“u-liv”), which is provided by uLiv EdHealth Private Limited.
This document is an electronic record
in terms of Indian Information Technology Act, 2000, India and published in
accordance with the provisions of Rule 4 of the Information Technology
(Reasonable security practices and procedures and sensitive personal data or
information) Rules, 2011 that require publishing the Rules and Regulations,
Privacy Policy and Terms and Conditions for access or usage of Platform through
u-liv Mobile Application (hereinafter referred to as “Mobile Application”) and
Website – [www.u-liv.com] (hereinafter referred to as
"Website") and our related Website, Application, Services, Products
and content (together with the Mobile Application and Website, collectively
referred to as “Services”).
AGREEMENT TO TERMS
User Agreement: These Terms and Conditions
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you” or “user” or “client”) and uLiv EdHealth Private Limited (“uLiv”,
“Company”, “we,” “us” or “our”), concerning your access to and use of the
Website and u-liv Mobile Application as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Website and Mobile Application”). uLiv
may have subsidiaries and affiliated legal entities around the world
("Subsidiaries and Affiliates"), providing the Services to you on
behalf of uLiv. You acknowledge and agree that the Subsidiaries and Affiliates
will be entitled to provide the Services to you under the terms of this
Agreement. You agree that by accessing the Website and/or Mobile Application,
you have read, understood, and agree to be bound by all of these Terms and
Conditions.
IF YOU DO NOT AGREE WITH ALL OR ANY
OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY.
Changes to Terms & Conditions: Supplemental terms and
conditions or documents that may be posted on the Website/Mobile Application
from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to
these Terms and Conditions at any time and for any reason. We will alert you
about any changes by updating the “Last updated” date of these Terms and
Conditions, and you waive any right to receive specific notice of each such
change. It is your responsibility to periodically review these Terms and
Conditions to stay informed of updates. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in any
revised Terms and Conditions by your continued use of the Website/Mobile
Application or using any of the Services after the date such revised Terms and
Conditions become effective.
The information provided on the
Website/Mobile Application is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Website/Mobile Application from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
Eligibility:
You must be at least 18 to enroll
with a coach on the Platform. If you are below the ages of 18 (“Minor”), you
may use our Services only with the supervision and consent of a parent or
guardian. No individual under these age limits may use our Services, provide
any Personal Data to uLiv, or otherwise submit Personal Data through the
Services (e.g., a name, address, telephone number, or email address).
As a minor if You wish to use Our
products or Services, such use shall be made available to You by Your legal
guardian or parents, who has agreed to these Terms. In the event a minor
utilizes the Application/Website/Services, it is assumed that he/she has
obtained the consent of the legal guardian or parents and such use is made
available by the legal guardian or parents. The Company will not be responsible
for any consequence that arises as a result of misuse of any kind of Our
Website or any of Our products or Services that may occur by virtue of any
person including a minor registering for the Services/products provided. By
using the products or Services You warrant that all the data provided by You is
accurate and complete and that the Minor using the Website has obtained the
consent of parent/legal guardian (in case of minors). The Company reserves the
right to terminate Your account and / or refuse to provide You with access to
the products or Services if it is discovered that You are under the age of 18
(eighteen) years and the consent to use the products or Services is not made by
Your parent/legal guardian or any information provided by You is inaccurate.
You acknowledge that the Company does not have the responsibility to ensure that
You conform to the aforesaid eligibility criteria. It shall be Your sole
responsibility to ensure that You meet the required qualification. Any persons
under the age of 18 (eighteen) should seek the consent of their parents/legal
guardians before providing any Information about themselves or their parents
and other family members on the Website.
HEALTH DISCLAIMER
In consideration of being allowed to
participate in the Strength and Conditioning, Yoga, Martial Arts, Pilates,
Zumba, Nutrition and Fitness and Mindfulness Coaching Services offered by uLiv
and to use its Strength and Conditioning, Yoga, Martial Arts, Pilates, Zumba,
Nutrition and Fitness and Mindfulness Coaching Services, in addition to the
payment of any fee or charge, you do hereby waive, release and forever
discharge and hold harmless uLiv and its coaches, consultants, officers,
agents, and employees from any and all responsibility, liability, cost and
expenses, including injuries or damages, resulting from your participation in
any activities, or your use of any Strength and Conditioning, Yoga, Martial
Arts, Pilates, Zumba, Nutrition and Fitness or Mindfulness Coaching Services.
You do also hereby release uLiv, its coaches, consultants, officers, agents and
employees from any responsibility or liability for any injury, damage or
disorder (physical, metabolic, or otherwise) to you, or in any way arising out
of or connected with your participation in any activities with uLiv.
You understand and you are aware that
strength, flexibility, and aerobic exercise, including the use of equipment are
a potentially hazardous activity. You also understand that fitness activities
involve a risk of loss of personal property, serious injury and even death, and
that you are voluntarily participating in these activities and using equipment
and machinery with knowledge of the risk involved. You hereby agree to
expressly assume and accept any and all risks of loss of personal property,
serious injury or death related to said fitness activities. In addition, You
certify that you are 18 years of age or older. You do hereby further declare
yourself to be physically sound and suffering from no condition, impairment,
disease, infirmity or other illness that would affect nutrient metabolism or
prevent your participation or use of equipment or machinery except as
hereinafter stated.
And You also agree that if you are
suffering from any ailment or any medical condition you have to inform and
produce relevant documents to uLiv before beginning any fat loss effort
regimen, physical activities or any other plans that may be referenced,
discussed or offered under the Services. You do hereby acknowledge that uLiv
has recommended to you to obtain a physician’s approval for your participation
in an exercise/fitness activity or in the use of exercise equipment and
machinery. You also acknowledge that uLiv has recommended that you have a
yearly or more frequent physical examination and consultation with your physician
as to physical activity, exercise and use of exercise and training equipment so
that you might have his/her recommendations concerning these fitness activities
and use of equipment. You acknowledge that you have either had a physical
examination and been given your physician’s permission to participate, or that
you have decided to participate in activity and use of equipment, machinery,
and programs designed by uLiv without the approval of your physician and do
hereby assume all responsibility for your participation and activities, and
utilization of equipment and machinery in your activities.
uLiv DOES NOT PROVIDE PROFESSIONAL
MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE COACHES/TRAINING
SPECIALISTS AND AVAILABLE ON THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR
CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO
DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL
EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR.
YOUR USE OF THE SERVICES DOES NOT
CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE uLiv PARTIES
(INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF uLiv SERVICE USERS).
The Nutrition/Training Plans provided
by the coaches/training specialists and available on u-liv are not meant to
treat or manage any health condition. Always consult with your healthcare
provider prior to adjusting your current style of eating or beginning any new
Nutrition and/or training plan. You understand that you are agreeing to the
terms of the Company i.e uLiv having known that beforehand and understand that
not following the instructions and structured Nutrition Plans entirely and
regularly will not produce 100% results.
LIFE COACHING DISCLAIMER: You are
solely responsible for creating and implementing your own physical, mental and
emotional well-being, decisions, choices, actions and results arising out of or
resulting from the use of the Services and Your interactions with the Coach. As
such, You agree that the Coach is not and will not be liable or responsible for
any actions or inaction, or for any direct or indirect result of any services
provided by the Coach. You understand coaching is not therapy and does not
substitute for therapy if needed, and does not prevent, cure, or treat any
mental disorder or medical disease.
You acknowledge that coaching does
not involve the diagnosis or treatment of mental disorders as defined by the
Indian Psychiatric Society Association and that coaching is not to be used as a
substitute for counseling, psychotherapy, psychoanalysis, mental health care,
substance abuse treatment, or other professional advice by legal, medical or
other qualified professionals and that it is the Your exclusive responsibility
to seek such independent professional guidance as needed. If You are currently
under the care of a mental health professional, it is recommended that You
promptly inform the mental health care provider of the nature and extent of the
coaching relationship agreed upon by You and the Coach.
You understand that in order to
enhance the coaching relationship, You agree to communicate honestly, be open
to feedback and assistance and create the time and energy to participate fully
in the program.
INTELLECTUAL PROPERTY RIGHTS
uLiv, u-liv and uLiv logo are
intellectual property of uLiv EdHealth Private Limited. Unless otherwise
indicated, the Website/Mobile Application is our proprietary property and all
content, source code, databases, functionality, software, website designs, audio,
video, text, images, photographs, graphics, illustrations, questions, creative
suggestions, messages, comments, feedback, ideas, recipes, notes, drawings,
articles and other materials, including nutritional information contributed to
the Food Database on the Website/Mobile Application (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property rights and
unfair competition laws of India, foreign jurisdictions, and international
conventions. The Content and the Marks are provided on the Website/Mobile
Application “AS IS” for your information and personal use only. Except as expressly
provided in these Terms and Conditions, no part of the Website/Mobile
Application and no Content or Marks may be modified, copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, performed,
encoded, translated, transmitted, distributed, sold, licensed, create
derivative works of or otherwise exploited for any commercial purpose
whatsoever in whole or in part, without our express prior written permission.
Provided that you are eligible to use
the Website/Mobile Application, you are granted a limited license to access and
use the Website/Mobile Application and to download or print a copy of any
portion of the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to
you in and to the Website/Mobile Application, the Content and the Marks.
Our commercial partners, suppliers,
advertisers, sponsors, licensors, contractors and other third parties may also
have additional proprietary rights in the Content which they make available on
our Services. You may not modify, publish, transmit, distribute, perform,
participate in the transfer or sale, create derivative works of, or in any way
exploit, any of the Content, in whole or in part. When Content is downloaded to
your computer, phone, tablet or any other mobile device, you do not obtain any
ownership interest in such Content. Modification of the Content or use of the
Content for any other purpose, including, but not limited to, use of any
Content in printed form or on any other applications or networked computer
environment is strictly prohibited unless you receive our prior written
consent.
USER REPRESENTATIONS
By using the Website/Mobile
Application, you represent and warrant that:
1. all registration information
you submit will be true, accurate, current, and complete.
2. you will maintain the
accuracy of such information and promptly update such registration information
as necessary;
3. you have the legal capacity
and you agree to comply with these Terms and Conditions;
4. you are not a minor in the
jurisdiction in which you reside;
5. you will not access the
Website/Mobile Application through automated or non-human means, whether
through a bot, script or otherwise;
6. you will not use the
Website/Mobile Application for any illegal or unauthorized purpose; and
7. your use of the
Website/Mobile Application will not violate any applicable law or regulation.
If you provide any information that
is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the
Website/Mobile Application (or any portion thereof).
USER REGISTRATION
You may be required to register with
the Website/Mobile Application. You agree to keep your password confidential
and will be responsible for all use of your account and password. We reserve
the right to remove, reclaim, or change a username you select if we determine,
in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
TRAINING SPECIALIST POLICY
Prior to, or during, the course of
your Training Specialist, health concerns may arise that may require further
input from your doctor, physiotherapist, or other allied health care
professional. If such concerns arise, you should consult an appropriate health
professional before continuing your Training Specialist sessions. Please be
aware that the Training Specialists are not health care professionals and
cannot diagnose and/or prescribe treatment for any form of injury, disease, or
other medical problem
You understand that you have the complete right to stop or
decrease exercise at any time during a session, and that it is your obligation
to notify your physician or seek medical attention immediately if you develop
any symptoms such as fatigue, shortness of breath or chest discomfort.
Equipment
Training Specialist or You will provide the equipment or
machinery to be used in connection with workouts, including, but not limited
to, benches, dumbbells, barbells, and similar items (“Equipment”), and You will
have control over the area in which you perform your workouts. You represent
and warrant any and all Equipment you provide for training sessions (“My
Equipment”) is for personal use only. The Training Specialist has not inspected
your Equipment and has no knowledge of its condition. You understand and You
take the sole responsibility for your Equipment. You acknowledge that although
the Training Specialist takes precautions to maintain the Equipment provided by
the Training Specialist (“His Equipment”), His Equipment and/or Your Equipment
(“His or Your Equipment”) may malfunction and/or cause Injuries and Changes (as
defined below) and that You take sole responsibility to inspect any and all of
His or Your Equipment. Furthermore, You take sole responsibility for any
Injuries or Changes Training Specialist sustains while using Your Equipment to
demonstrate an Activity, or otherwise, and agree to indemnify the Training Specialist
for any and all medical expenses and lost wages related to his use of Your
Equipment.
Session Policy
1. All appointments for Training
Specialists will be scheduled directly between the Training Specialist and You.
2. Subsequently, if you have to
cancel or reschedule any previously scheduled appointments, You must contact
the Training Specialist directly at least 24 hours in advance of the scheduled
appointment.
3. If You do not cancel or
reschedule an appointment at least 24 hours in advance, uLiv reserves the right
to deduct one session due to cancellation.
4. If You fail to appear for a scheduled
appointment, uLiv reserves the right to
deduct one session due to cancellation for no show.
5. All cancellations must be
made 24 hours in advance by email.
FEES AND PAYMENT
We accept the following forms of
payment:
- Credit Card
- Debit Card
- Net Banking
- Mobile Wallets
- UPI
- Paypal
You may be required to purchase or
pay a fee to access some of our services. You agree to provide current,
complete, and accurate purchase and account information for all purchases made
via the Website/Mobile Application. You further agree to promptly update
account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and
contact you as needed. We bill you
through an online billing account for purchases made via the Website/Mobile
Application. GST will be added to the price of purchases as deemed required by
us. We may change prices at any time. All payments shall be in Indian National
Rupees.
You agree to pay all charges or fees
at the prices then in effect for your purchases, and you authorize us to charge
your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or received
payment. We also reserve the right to refuse any order placed through the Website/Mobile
Application.
CANCELLATION
Any cancellation will be allowed for
a course duration of more than 30 days in no later than 30 days of purchase. Sports
Nutrition Package, General Well Being Family Package, Pre-Wedding Makeover
Package, Contest Prep/Pre Photo Shoot Package are non-refundable,
non-exchangeable, non-saleable and non-transferable.
All Home Workout Sessions are
non-refundable, non-exchangeable, non-saleable and non-transferable if more
than one session is availed.
All Individual Training Specialist
Sessions and Couple Training Specialist Sessions are non-refundable,
non-exchangeable, non-saleable and non-transferable. Coach change is not
available for Training Specialist Sessions.
All Strength and Conditioning, Yoga,
Martial Arts, Pilates and Zumba Subscriptions are non-refundable,
non-exchangeable, non-saleable and non-transferable.
In case of cancellation of a package:
● All cancellations beyond 24
hours, will be credited to the user's account as credit balance, provided that
the user has not completed beyond 50% of the full course/class.
If you are not satisfied with our
services then you can ask for a coach change in the same tier as of your
purchase or a refund by raising a ticket to cancel your package subscription at
any time by logging into your account or contacting us using the contact
information provided below. Your cancellation will take effect immediately upon
approval.
Coach change may only be provided in
the same tier as that of the enrolled coach, at the discretion of uLiv.
If you are unsatisfied with our
services, please email us at cancellation@u-liv.com.
COMMUNITY STANDARDS AND CONDUCT
GUIDELINES
You may not access or use the
Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree
not to:
1. Systematically retrieve data
or other content from the Website/Mobile Application to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
2. Make any unauthorized use of
the Website/Mobile Application, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
3. Use a buying agent or
purchasing agent to make purchases on the Website/Mobile Application.
4. Use the Website/Mobile
Application to advertise or offer to sell goods and services.
5. Circumvent, disable, or
otherwise interfere with security-related features of the Website/Mobile
Application, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Website/Mobile Application
and/or the Content contained therein.
6. Engage in unauthorized
framing of or linking to the Website/Mobile Application.
7. Trick, defraud, or mislead us
and other users, especially in any attempt to learn sensitive account
information such as user passwords.
8. Make improper use of our
support services or submit false reports of abuse or misconduct.
9. Engage in any automated use
of the system, such as using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or
create an undue burden on the Website/Mobile Application or the networks or
services connected to the Website/Mobile Application.
11. Attempt to impersonate
another user or person or use the username of another user.
12. Sell or otherwise transfer
your profile.
13. Use any information obtained
from the Website/Mobile Application in order to harass, abuse, or harm another
person.
14. “Stalk” or otherwise harass
another user or employee of the Services.
15. Access or attempt to access
another user’s account without his or her consent.
16. Use the Website/Mobile
Application as part of any effort to compete with us or otherwise use the
Website/Mobile Application and/or the Content for any revenue-generating
endeavor or commercial enterprise.
17. Decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Website/Mobile Application.
18. Attempt to bypass any
measures of the Website/Mobile Application designed to prevent or restrict
access to the Website/Mobile Application, or any portion of the Website/Mobile
Application.
19. Harass, annoy, intimidate, or
threaten any of our employees or agents engaged in providing any portion of the
Website/Mobile Application to you.
20. Delete the copyright or other
proprietary rights notice from any Content.
21. Copy or adapt the
Website/Mobile Application software, including but not limited to Flash, PHP,
HTML, JavaScript, Angular or any other code.
22. Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Website/Mobile Application or modifies, impairs, disrupts, alters,
or interferes with the use, features, functions, operation, or maintenance of
the Website/Mobile Application.
23. Upload or transmit (or
attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
24. Except as may be the result of
standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the
Website/Mobile Application, or using or launching any unauthorized script or
other software.
25. Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Website/Mobile Application.
26. Use the Website/Mobile
Application in a manner inconsistent with any applicable laws or regulations.
Your privilege to use the Services
(including your ability to contribute to discussions on the Public Forum or
communicate with Coaches and/or other users on u-liv) depends on your
compliance with the community standards and conduct guidelines set forth above.
We may revoke your privileges to use all or a portion of the Services and/or
take any other appropriate measures to enforce these community standards and conduct
guidelines if violations are brought to our attention. Further, if you fail to
adhere to our community standards and conduct guidelines, or any part of these
Terms & Conditions, we may terminate, in our sole discretion, your use of,
or participation in, any Public Forum or the Services. Any violation of this
section may subject you to civil and/or criminal liability.
YOU AGREE AND UNDERSTAND THAT YOU MAY
BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD
PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT
POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED
DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION
TECHNOLOGY AMENDMENT ACT, 2008, uLiv IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE
HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY
DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR
OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.
HARASSMENT POLICY
We do not tolerate harassment on
u-liv. We want people to feel safe to engage and connect with their community.
Our harassment policy applies to both public and private individuals because we
want to prevent unwanted or malicious contact on the platform. Context and
intent matter, and we allow people to share posts if it is clear that something
was shared in order to condemn or draw attention to harassment. In addition to
reporting such behavior and content, we encourage people to use tools available
on u-liv to help protect against it. Anyone found in violation of this
Harassment Policy will be banned immediately from the u-liv community and the
users u-liv Account will be terminated.
Do not:
1. Repeatedly contact a single
person despite that person's clear desire and action to prevent that contact.
2. Repeatedly contact large
numbers of people with no prior solicitation.
3. Make Posts, Comments or Send
messages that contain:
a. Cursing aimed at an individual or group of individuals in the thread.
b. Calls for death, serious disease or disability, or physical harm aimed at an individual or group of individuals in the thread.
c. trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people.
d. Claims that a victim of a violent tragedy is lying about being a victim, acting/pretending to be a victim of a verified event, or otherwise is paid or employed to mislead people about their role in the event when sent directly to a survivor and/or immediate family member of a survivor or victim.
4. Send messages to a group that
contain trolling and bullying, or is intended to harass, harm, hurt, scare,
distress, embarrass or upset people, regardless of whether the person being
targeted is a public or private individual.
5. Target anyone maliciously,
including public figures, by
a. Attacking them based on their status as a victim of sexual assault or sexual exploitation.
b. Threatening any participant in public discourse with violence in an attempt to intimidate or silence them.
c. Calling for self-injury or suicide of a specific person, or group of people.
6. Target victims or survivors
of violent tragedies by name or by image, with claims that they are
a. Lying about being a victim of an event.
b. Acting/pretending to be a victim of an event.
c. Otherwise paid or employed to mislead people about their role in the event.
7. Target a minor with:
a. Claims about sexual activity or sexually transmitted disease(s).
b. Content has been photoshopped to include threats of violence either in text or image (for example, adding bullseye, dart, gun to head).
c. Calls for death or serious disease or disability.
d. Statements of intent to commit violence or low severity harm in an attempt to silence someone.
8. Objects created to attack
through:
i. Cursing at an individual or individuals.
ii. Degrading physical description.
iii. Claims about blasphemy.
iv. Expressions of contempt.
v. Expressions of disgust.
USER GENERATED CONTRIBUTIONS
Definition: “Public Forum” is any
area, site or feature offered as part of the Services including, but not
limited to postchat, blog, groups, emails or instant messaging features that
enables you (a) to upload, submit, post, display, perform, distribute and/or view
User Content, and/or (b) to communicate, share, or exchange User Content with
other members. Except as otherwise provided in our Privacy Policy all Public
Forum communications are public and not private communications. You are, and
shall remain, solely responsible for the User Content that you upload, submit,
post, transmit, communicate, share or exchange by means of any Public Forum and
for the consequences of submitting or posting the same.
The Website/Mobile Application may
invite you to chat, contribute to, or participate in online forums, and other
functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Website/Mobile Application, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Website/Mobile Application and through third-party Websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
1. The creation, distribution,
transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner
of or have the necessary licenses, rights, consents, releases, and permissions
to use and to authorize us, the Website/Mobile Application, and other users of
the Website/Mobile Application to use your Contributions in any manner
contemplated by the Website/Mobile Application and these Terms and Conditions.
3. You have the written consent,
release, and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Website/Mobile Application and
these Terms and Conditions.
4. Your Contributions are not
false, inaccurate, or misleading.
5. Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not
advocate the violent overthrow of any government or incite, encourage, or
threaten physical harm against another.
9. Your Contributions do not
violate any applicable law, regulation, or rule.
10. Your Contributions do not
violate the privacy or publicity rights of any third party.
11. Your Contributions do not
contain any material that solicits personal information from anyone under the
age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not
violate any Central or State law concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
13. Your Contributions do not
include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
14. Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Terms and Conditions, or any applicable law or regulation.
Any use of the Website/Mobile
Application in violation of the foregoing violates these Terms and Conditions
and may result in, among other things, termination or suspension of your rights
to use the Website/Mobile Application.
SOCIAL FORUM
As a user to our Services, you are
automatically invited to join and participate in group discussions in various
groups available on the Mobile App/Website namely - Q&A, Transformations,
Recipes and Articles (“u-liv Groups”) with other users that may be designated
as a Group Administrator by uLiv (such person or persons, collectively, the “Administrators”)
as well as a coach, who may be an employee or a contractor of uLiv, personnel
from an unaffiliated third party service provider or personnel from, or
designated by, our Business Customer (such person, a “Coach”). u-liv groups are
a Public Forum, and by using the u-liv Groups, you may receive electronic
communications, including group chat messages and/or private messages from
Coaches, Facilitators and other u-liv Group members who are members of the same
u-liv Group. u-liv Group members can see your public profile, but will not see
your email address or phone number. If you do not wish people to see your
posts, profile and do not wish to receive messages from other members, you
should turn on your privacy settings from the u-liv Mobile App/Website. Whether
you transmit any user content via private messaging or public group feature,
you agree to abide by our community standards and conduct guidelines at all
times. You further acknowledge that by providing you with the ability to
distribute User Content in the discussion forums, we are acting as a passive
conduit for such distribution and we are not undertaking any obligation or
liability relating to any User Content or activity in any Public Forum, nor do
we endorse any such User Content or activity. Although we reserve the right to
monitor some, all, or no areas of the Services (including any discussion forum
and u-liv Group) for adherence to the community standards and conduct
guidelines set forth above and to remove, without notice, any User Content for
any reason, we have no obligation to review Content prior to the Content’s
posting or to delete User Content that you may find objectionable or offensive.
uLiv DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS
AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION
PROVIDED THEREON.
PUBLIC PROFILE; INFORMATION PROVIDED
BY MEMBERS
In order to join a Group in u-liv or
access similar services that provide Public Forums or interactions with other
members, you may be required to keep your privacy settings off, which may make
public certain identifying information (such as profile photos, etc.). In
addition, members have the option to post photographs, messages, videos and
other information on u-liv Groups. uLiv relies on its members to provide
current and accurate information, and uLiv does not, and cannot, investigate
information contained in member public profiles. Accordingly, we must assume
that information contained in each member's public profile is current and
accurate. uLiv DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY OF PUBLIC
PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR
ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN
CONNECTION WITH THEIR USE OF THE SERVICES.
CONTRIBUTION LICENSE
“User Contribution” is any content,
materials or information (including without limitation, any text, information,
graphics, messages, photos, images, nutritional information contributed to our
food database and works of authorship kind), data, questions, comments,
suggestions or other content, including personally identifiable information
that you upload, send, email, display, perform, distribute, post or otherwise
transmit to us, at our request or on your own, on, or through the Services
(such as message boards, recipe logging), whether in connection with your use
of the Services or through the use of any Third Party Websites or Third Party
Services or otherwise, and whether publicly posted or privately transmitted.
By posting your Contributions to any
part of the Mobile Application or making Contributions accessible to the Mobile
Application by linking your account from the Mobile Application to any of your
social networking accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The use
and distribution may occur in any media formats and through any media channels.
This license will apply to any form,
media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with
your Contributions. We are not liable for any statements or representations in
your Contributions provided by you in any area on the Mobile Application. You
are solely responsible for your Contributions to the Mobile Application and you
expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
We have the right, in our sole and
absolute discretion,
1. to edit, redact, or otherwise
change any Contributions;
2. to re-categorize any
Contributions to place them in more appropriate locations on the Website; and
3. to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
uLiv DOES NOT (I) GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE
FOOD DATABASE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY
OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL
uLiv BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON
NUTRITIONAL INFORMATION.
You are solely responsible for
ensuring that any nutritional information in the Food Database is accurate,
complete and useful. Nutritional information in the Food Database may not be
reproduced, duplicated, copied, modified, sold, resold, distributed, visited,
or otherwise exploited for any commercial purpose without the express written
consent of uLiv.
GUIDELINES FOR REVIEWS
We may provide you areas on the
Website/Mobile Application to leave reviews or ratings. When posting a review,
you must comply with the following criteria:
1. you should have firsthand
experience with the person/entity being reviewed;
2. your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hate language;
3. your reviews should not
contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability;
4. your reviews should not
contain references to illegal activity;
5. you should not be affiliated
with competitors if posting negative reviews;
6. you should not make any
conclusions as to the legality of conduct;
7. you may not post any false or
misleading statements; and
8. you may not organize a
campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove
reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent
our opinions or the views of any of our affiliates or partners. We do not
assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access u-liv via a mobile
application, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Terms and
Conditions.
You shall not:
1. decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the application;
2. make any modification,
adaptation, improvement, enhancement, translation, or derivative work from the
application;
3. violate any applicable laws, rules,
or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted by
us or the licensors of the application;
5. use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended;
6. make the application
available over a network or other environmental permitting access or use by
multiple devices or users at the same time;
7. use the application for
creating a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the application;
8. use the application to send
automated queries to any website or to send any unsolicited commercial e-mail;
or
9. use any proprietary
information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you
use a mobile application obtained from either the Apple App Store or Google
Play Store (each an “App Distributor”) to access the Website/Mobile
Application:
the license granted to you for our
mobile application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service;
we are responsible for providing any
maintenance and support services with respect to the mobile application as
specified in the terms and conditions of this mobile application license
contained in these Terms and Conditions or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the
mobile application;
in the event of any failure of the
mobile application to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application;
you represent and warrant that :
1. you are not located in a
country that is subject to a Indian government embargo, or that has been
designated by the Indian government as a “terrorist supporting” country; and
2. you are not listed on any
Indian government list of prohibited or restricted parties;
3. you must comply with
applicable third-party terms of agreement when using the mobile application,
e.g., if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the mobile application; and
4. you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Terms and
Conditions, and that each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms and conditions in this
mobile application license contained in these Terms and Conditions against you
as a third-party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the
Website/Mobile Application, you may link your account with online accounts you
have with third-party service providers (each such account, a “Third-Party
Account”) by either:
providing your Third-Party Account
login information through the Website/Mobile Application; or
allowing us 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 and warrant that you are
entitled to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts, you
understand that:
1. we may access, make
available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the “Social Network Content”) so that it is
available on and through the Website/Mobile Application via your account,
including without limitation any friend lists and;
2. we may submit to and receive
from your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account. Depending on
the Third-Party Accounts you choose and subject to the privacy settings that
you have set in such Third-Party Accounts, personally identifiable information that
you post to your Third-Party Accounts may be available on and through your
account on the Website/Mobile Application. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, the
Social Network Content may no longer be available on and through the
Website/Mobile Application. You will have the ability to disable the connection
between your account on the Website/Mobile Application and your Third-Party
Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Website/Mobile Application.
You can deactivate the connection between the Website/Mobile Application and
your Third-Party Account by contacting us using the contact information below
or through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated with
your account.
SUBMISSIONS
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information
regarding the Website/Mobile Application ("Submissions") provided by
you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have
the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Website/Mobile Application may
contain (or you may be sent via the Website) links to other websites
("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Website/Mobile Application or any
Third-Party Content posted on, available through, or installed from the
Website/Mobile Application, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If
you decide to leave the Website/Mobile Application and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms and Conditions no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the
Website/Mobile Application or relating to any applications you use or install
from the Website/Mobile Application. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take
no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by
your use and purchase of such products or services. Additionally, you shall
hold us harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
WEBSITE / MOBILE APPLICATION MANAGEMENT
We reserve the right, but not the
obligation, to:
1. monitor the Website/Mobile
Application for violations of these Terms and Conditions;
2. take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Terms and
Conditions, including without limitation, reporting such user to law
enforcement authorities;
3. in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or
any portion thereof;
4. in our sole discretion and
without limitation, notice, or liability, to remove from the Website/Mobile Application
or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and
5. otherwise manage the
Website/Mobile Application in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Website/Mobile
Application.
PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy at : https://www.u-liv.com/privacy-policy. By using the Website/Mobile
Application, you agree to be bound by our Privacy Policy, which is incorporated
into these Terms and Conditions. Please be advised the Website/Mobile
Application is hosted in the EU Region as per the GDPR Guidelines. If you
access the Website/Mobile Application from any other region of the world with
laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in India or EU, then through your
continued use of the Website/Mobile Application, you are transferring your data
to India and EU, and you expressly consent to have your data transferred to and
processed in India and stored in EU region. Further, we do not knowingly
accept, request, or solicit information from children or knowingly market to
children. If we receive actual knowledge that anyone under the age of 18 has
provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Website/Mobile Application
as quickly as is reasonably practicable.
COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY
INFRINGEMENTS
We respect the intellectual property
rights of others. If you believe that any material available on or through the
Website/Mobile Application infringes upon any Intellectual Property you own or
control, please immediately notify us using the contact information provided
below (a “Notification”). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification. Please
be advised that pursuant to Indian Copyright laws you may be held liable for
damages if you make material misrepresentations in a Notification by making
false copyright claims. Thus, if you are not sure that material located on or
linked to by the Website/Mobile Application infringes your copyright, you
should consider first contacting an attorney. We may terminate your u-liv
account if you repeatedly infringe the intellectual property rights of others.
TERM AND TERMINATION
These Terms and Conditions shall
remain in full force and effect while you use the Website/Mobile Application.
WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS AND CONDITION, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE/MOBILE
APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE WEBSITE AND MOBILE APPLICATION OR DELETE YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Website/Mobile Application at any time or
for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Website/Mobile Application. We also
reserve the right to modify or discontinue all or part of the Website/Mobile
Application without notice at any time. We will not be liable to you or any
third party for any modification, price change, suspension, or discontinuance
of the Website/Mobile Application.
We cannot guarantee the
Website/Mobile Application will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Website/Mobile Application, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Website/Mobile Application at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the
Website/Mobile Application during any downtime or discontinuance of the
Website/Mobile Application. Nothing in these Terms and Conditions will be
construed to obligate us to maintain and support the Website/Mobile Application
or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms and Conditions and your
use of the Website/Mobile Application shall be governed by and shall be
construed in accordance with the laws of India. All disputes relating to this
Agreement shall be settled in the courts located at Delhi/ Mumbai.
Any cause of action arising out of a
User’s use of Services must be commenced within 30 (thirty) days after:
1. when such cause of action
accrues; or
2. such User becomes aware of
the facts giving rise to the cause of action, whichever is later, else, such
cause of action shall be permanently barred.
DISPUTE RESOLUTION
Binding Arbitration
If any dispute, controversy or claim
arises under this Agreement or in relation to any Service or the u-liv
Platform, including any question regarding the existence, validity or
termination of this Agreement or T&Cs (hereinafter Dispute), the parties
shall use all reasonable endeavours to resolve such Dispute amicably. If the
parties are unable to resolve the Dispute amicably within 30 days of the notice
of such Dispute, uLiv may elect to resolve any Dispute by a binding arbitration
in accordance with the provisions of the Indian Arbitration & Conciliation
Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual
basis and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The Dispute shall be resolved by a sole
arbitrator, appointed in accordance with the Act. The seat of the arbitration
shall be Delhi/ Mumbai and the language of this arbitration shall be English.
Either You or uLiv may seek any interim or preliminary relief from a court of
competent jurisdiction in Delhi/Mumbai necessary to protect the rights or the
property belonging to You or uLiv (or any of our agents, suppliers, and
subcontractors), pending the completion of arbitration. Any arbitration shall
be confidential, and neither You nor uLiv may disclose the existence, content
or results of any arbitration, except as may be required by law or for purposes
of enforcing the arbitration award. All administrative fees and expenses of
arbitration will be divided equally between You and uLiv. In all arbitrations,
each party will bear the expense of its own lawyers and preparation. This paragraph
shall survive the termination of this Agreement.
Restrictions
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law,
1. no arbitration shall be
joined with any other proceeding;
2. there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and
3. there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following
Disputes are not subject to the above provisions concerning binding
arbitration:
1. any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party;
2. any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and
3. any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
CORRECTIONS
There may be information on the
Website/Mobile Application that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Website/Mobile
Application at any time, without prior notice.
DISCLAIMER
THE WEBSITE/MOBILE APPLICATION IS
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
WEBSITE/MOBILE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE/MOBILE APPLICATION AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
WEBSITE/MOBILE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THE WEBSITE/MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE WEBSITE/MOBILE APPLICATION, ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
WEBSITE/MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE WEBSITE/MOBILE APPLICATION. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE WEBSITE/MOBILE APPLICATION, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE WEBSITE/MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold
us harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
1. your Contributions;
2. use of the Website/Mobile
Application;
3. breach of these Terms and
Conditions;
4. any breach of your
representations and warranties set forth in these Terms and Conditions;
5. your violation of the rights
of a third party, including but not limited to intellectual property rights; or
6. any overt harmful act toward
any other user of the Website/Mobile Application with whom you connected via
the Website/Mobile Application. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that
you transmit to the Website/Mobile Application for the purpose of managing the
performance of the Website/Mobile Application, as well as data relating to your
use of the Website/Mobile Application. Although we encrypt and perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Website/Mobile Application. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website/Mobile
Application, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Website/Mobile
Application, satisfy any legal requirement that such communication be in
writing.
YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE WEBSITE/MOBILE APPLICATION.
You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
MISCELLANEOUS
These Terms and Conditions and any
policies or operating rules posted by uLiv on the Website/Mobile Application or
in respect to the Website/Mobile Application constitute the entire agreement
and understanding between you and uLiv. Our failure to exercise or enforce any
right or provision of these Terms and Conditions shall not operate as a waiver
of such right or provision. These Terms and Conditions operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms and
Conditions is determined to be unlawful, void, or unenforceable, that provision
or part of the provision is deemed severable from these Terms and Conditions
and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms and Conditions or use of
the Website/Mobile Application. You agree that these Terms and Conditions will
not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of these Terms
and Conditions and the lack of signing by the parties hereto to execute these
Terms and Conditions.
CONTACT US
In order to resolve a complaint
regarding the Website or to receive further information regarding the use of
the Website, please contact us at:
uLiv EdHealth Private Limited
HOUSE NO 92/1 BLOCK - J
LANDMARK NR SANTOSHI MATA MANDIR
KRISHAN VIHAR NEW DELHI 110086
E: info@u-liv.com
This document is an electronic record
in terms of Indian Information Technology Act, 2000, India and published in
accordance with the provisions of Rule 4 of the Information Technology
(Reasonable security practices and procedures and sensitive personal data or
information) Rules, 2011 that require publishing the Rules and Regulations,
Privacy Policy and Terms and Conditions for access or usage of Platform through
u-liv Mobile Application (hereinafter referred to as “Mobile Application”) and
Website – [www.u-liv.com] (hereinafter referred to as
"Website") and our related Website, Application, Services, Products
and content (together with the Mobile Application and Website, collectively
referred to as “Services”).
AGREEMENT TO TERMS
User Agreement: These Terms and Conditions
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you” or “user” or “client”) and uLiv EdHealth Private Limited (“uLiv”,
“Company”, “we,” “us” or “our”), concerning your access to and use of the
Website and u-liv Mobile Application as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Website and Mobile Application”). uLiv
may have subsidiaries and affiliated legal entities around the world
("Subsidiaries and Affiliates"), providing the Services to you on
behalf of uLiv. You acknowledge and agree that the Subsidiaries and Affiliates
will be entitled to provide the Services to you under the terms of this
Agreement. You agree that by accessing the Website and/or Mobile Application,
you have read, understood, and agree to be bound by all of these Terms and
Conditions.
IF YOU DO NOT AGREE WITH ALL OR ANY
OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY.
Changes to Terms & Conditions: Supplemental terms and
conditions or documents that may be posted on the Website/Mobile Application
from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to
these Terms and Conditions at any time and for any reason. We will alert you
about any changes by updating the “Last updated” date of these Terms and
Conditions, and you waive any right to receive specific notice of each such
change. It is your responsibility to periodically review these Terms and
Conditions to stay informed of updates. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in any
revised Terms and Conditions by your continued use of the Website/Mobile
Application or using any of the Services after the date such revised Terms and
Conditions become effective.
The information provided on the
Website/Mobile Application is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Website/Mobile Application from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
Eligibility:
You must be at least 18 to enroll
with a coach on the Platform. If you are below the ages of 18 (“Minor”), you
may use our Services only with the supervision and consent of a parent or
guardian. No individual under these age limits may use our Services, provide
any Personal Data to uLiv, or otherwise submit Personal Data through the
Services (e.g., a name, address, telephone number, or email address).
As a minor if You wish to use Our
products or Services, such use shall be made available to You by Your legal
guardian or parents, who has agreed to these Terms. In the event a minor
utilizes the Application/Website/Services, it is assumed that he/she has
obtained the consent of the legal guardian or parents and such use is made
available by the legal guardian or parents. The Company will not be responsible
for any consequence that arises as a result of misuse of any kind of Our
Website or any of Our products or Services that may occur by virtue of any
person including a minor registering for the Services/products provided. By
using the products or Services You warrant that all the data provided by You is
accurate and complete and that the Minor using the Website has obtained the
consent of parent/legal guardian (in case of minors). The Company reserves the
right to terminate Your account and / or refuse to provide You with access to
the products or Services if it is discovered that You are under the age of 18
(eighteen) years and the consent to use the products or Services is not made by
Your parent/legal guardian or any information provided by You is inaccurate.
You acknowledge that the Company does not have the responsibility to ensure that
You conform to the aforesaid eligibility criteria. It shall be Your sole
responsibility to ensure that You meet the required qualification. Any persons
under the age of 18 (eighteen) should seek the consent of their parents/legal
guardians before providing any Information about themselves or their parents
and other family members on the Website.
HEALTH DISCLAIMER
In consideration of being allowed to
participate in the Strength and Conditioning, Yoga, Martial Arts, Pilates,
Zumba, Nutrition and Fitness and Mindfulness Coaching Services offered by uLiv
and to use its Strength and Conditioning, Yoga, Martial Arts, Pilates, Zumba,
Nutrition and Fitness and Mindfulness Coaching Services, in addition to the
payment of any fee or charge, you do hereby waive, release and forever
discharge and hold harmless uLiv and its coaches, consultants, officers,
agents, and employees from any and all responsibility, liability, cost and
expenses, including injuries or damages, resulting from your participation in
any activities, or your use of any Strength and Conditioning, Yoga, Martial
Arts, Pilates, Zumba, Nutrition and Fitness or Mindfulness Coaching Services.
You do also hereby release uLiv, its coaches, consultants, officers, agents and
employees from any responsibility or liability for any injury, damage or
disorder (physical, metabolic, or otherwise) to you, or in any way arising out
of or connected with your participation in any activities with uLiv.
You understand and you are aware that
strength, flexibility, and aerobic exercise, including the use of equipment are
a potentially hazardous activity. You also understand that fitness activities
involve a risk of loss of personal property, serious injury and even death, and
that you are voluntarily participating in these activities and using equipment
and machinery with knowledge of the risk involved. You hereby agree to
expressly assume and accept any and all risks of loss of personal property,
serious injury or death related to said fitness activities. In addition, You
certify that you are 18 years of age or older. You do hereby further declare
yourself to be physically sound and suffering from no condition, impairment,
disease, infirmity or other illness that would affect nutrient metabolism or
prevent your participation or use of equipment or machinery except as
hereinafter stated.
And You also agree that if you are
suffering from any ailment or any medical condition you have to inform and
produce relevant documents to uLiv before beginning any fat loss effort
regimen, physical activities or any other plans that may be referenced,
discussed or offered under the Services. You do hereby acknowledge that uLiv
has recommended to you to obtain a physician’s approval for your participation
in an exercise/fitness activity or in the use of exercise equipment and
machinery. You also acknowledge that uLiv has recommended that you have a
yearly or more frequent physical examination and consultation with your physician
as to physical activity, exercise and use of exercise and training equipment so
that you might have his/her recommendations concerning these fitness activities
and use of equipment. You acknowledge that you have either had a physical
examination and been given your physician’s permission to participate, or that
you have decided to participate in activity and use of equipment, machinery,
and programs designed by uLiv without the approval of your physician and do
hereby assume all responsibility for your participation and activities, and
utilization of equipment and machinery in your activities.
uLiv DOES NOT PROVIDE PROFESSIONAL
MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE COACHES/TRAINING
SPECIALISTS AND AVAILABLE ON THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR
CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO
DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL
EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR.
YOUR USE OF THE SERVICES DOES NOT
CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE uLiv PARTIES
(INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF uLiv SERVICE USERS).
The Nutrition/Training Plans provided
by the coaches/training specialists and available on u-liv are not meant to
treat or manage any health condition. Always consult with your healthcare
provider prior to adjusting your current style of eating or beginning any new
Nutrition and/or training plan. You understand that you are agreeing to the
terms of the Company i.e uLiv having known that beforehand and understand that
not following the instructions and structured Nutrition Plans entirely and
regularly will not produce 100% results.
LIFE COACHING DISCLAIMER: You are
solely responsible for creating and implementing your own physical, mental and
emotional well-being, decisions, choices, actions and results arising out of or
resulting from the use of the Services and Your interactions with the Coach. As
such, You agree that the Coach is not and will not be liable or responsible for
any actions or inaction, or for any direct or indirect result of any services
provided by the Coach. You understand coaching is not therapy and does not
substitute for therapy if needed, and does not prevent, cure, or treat any
mental disorder or medical disease.
You acknowledge that coaching does
not involve the diagnosis or treatment of mental disorders as defined by the
Indian Psychiatric Society Association and that coaching is not to be used as a
substitute for counseling, psychotherapy, psychoanalysis, mental health care,
substance abuse treatment, or other professional advice by legal, medical or
other qualified professionals and that it is the Your exclusive responsibility
to seek such independent professional guidance as needed. If You are currently
under the care of a mental health professional, it is recommended that You
promptly inform the mental health care provider of the nature and extent of the
coaching relationship agreed upon by You and the Coach.
You understand that in order to
enhance the coaching relationship, You agree to communicate honestly, be open
to feedback and assistance and create the time and energy to participate fully
in the program.
INTELLECTUAL PROPERTY RIGHTS
uLiv, u-liv and uLiv logo are
intellectual property of uLiv EdHealth Private Limited. Unless otherwise
indicated, the Website/Mobile Application is our proprietary property and all
content, source code, databases, functionality, software, website designs, audio,
video, text, images, photographs, graphics, illustrations, questions, creative
suggestions, messages, comments, feedback, ideas, recipes, notes, drawings,
articles and other materials, including nutritional information contributed to
the Food Database on the Website/Mobile Application (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property rights and
unfair competition laws of India, foreign jurisdictions, and international
conventions. The Content and the Marks are provided on the Website/Mobile
Application “AS IS” for your information and personal use only. Except as expressly
provided in these Terms and Conditions, no part of the Website/Mobile
Application and no Content or Marks may be modified, copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, performed,
encoded, translated, transmitted, distributed, sold, licensed, create
derivative works of or otherwise exploited for any commercial purpose
whatsoever in whole or in part, without our express prior written permission.
Provided that you are eligible to use
the Website/Mobile Application, you are granted a limited license to access and
use the Website/Mobile Application and to download or print a copy of any
portion of the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to
you in and to the Website/Mobile Application, the Content and the Marks.
Our commercial partners, suppliers,
advertisers, sponsors, licensors, contractors and other third parties may also
have additional proprietary rights in the Content which they make available on
our Services. You may not modify, publish, transmit, distribute, perform,
participate in the transfer or sale, create derivative works of, or in any way
exploit, any of the Content, in whole or in part. When Content is downloaded to
your computer, phone, tablet or any other mobile device, you do not obtain any
ownership interest in such Content. Modification of the Content or use of the
Content for any other purpose, including, but not limited to, use of any
Content in printed form or on any other applications or networked computer
environment is strictly prohibited unless you receive our prior written
consent.
USER REPRESENTATIONS
By using the Website/Mobile
Application, you represent and warrant that:
1. all registration information
you submit will be true, accurate, current, and complete.
2. you will maintain the
accuracy of such information and promptly update such registration information
as necessary;
3. you have the legal capacity
and you agree to comply with these Terms and Conditions;
4. you are not a minor in the
jurisdiction in which you reside;
5. you will not access the
Website/Mobile Application through automated or non-human means, whether
through a bot, script or otherwise;
6. you will not use the
Website/Mobile Application for any illegal or unauthorized purpose; and
7. your use of the
Website/Mobile Application will not violate any applicable law or regulation.
If you provide any information that
is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the
Website/Mobile Application (or any portion thereof).
USER REGISTRATION
You may be required to register with
the Website/Mobile Application. You agree to keep your password confidential
and will be responsible for all use of your account and password. We reserve
the right to remove, reclaim, or change a username you select if we determine,
in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
TRAINING SPECIALIST POLICY
Prior to, or during, the course of
your Training Specialist, health concerns may arise that may require further
input from your doctor, physiotherapist, or other allied health care
professional. If such concerns arise, you should consult an appropriate health
professional before continuing your Training Specialist sessions. Please be
aware that the Training Specialists are not health care professionals and
cannot diagnose and/or prescribe treatment for any form of injury, disease, or
other medical problem
You understand that you have the complete right to stop or
decrease exercise at any time during a session, and that it is your obligation
to notify your physician or seek medical attention immediately if you develop
any symptoms such as fatigue, shortness of breath or chest discomfort.
Equipment
Training Specialist or You will provide the equipment or
machinery to be used in connection with workouts, including, but not limited
to, benches, dumbbells, barbells, and similar items (“Equipment”), and You will
have control over the area in which you perform your workouts. You represent
and warrant any and all Equipment you provide for training sessions (“My
Equipment”) is for personal use only. The Training Specialist has not inspected
your Equipment and has no knowledge of its condition. You understand and You
take the sole responsibility for your Equipment. You acknowledge that although
the Training Specialist takes precautions to maintain the Equipment provided by
the Training Specialist (“His Equipment”), His Equipment and/or Your Equipment
(“His or Your Equipment”) may malfunction and/or cause Injuries and Changes (as
defined below) and that You take sole responsibility to inspect any and all of
His or Your Equipment. Furthermore, You take sole responsibility for any
Injuries or Changes Training Specialist sustains while using Your Equipment to
demonstrate an Activity, or otherwise, and agree to indemnify the Training Specialist
for any and all medical expenses and lost wages related to his use of Your
Equipment.
Session Policy
1. All appointments for Training
Specialists will be scheduled directly between the Training Specialist and You.
2. Subsequently, if you have to
cancel or reschedule any previously scheduled appointments, You must contact
the Training Specialist directly at least 24 hours in advance of the scheduled
appointment.
3. If You do not cancel or
reschedule an appointment at least 24 hours in advance, uLiv reserves the right
to deduct one session due to cancellation.
4. If You fail to appear for a scheduled
appointment, uLiv reserves the right to
deduct one session due to cancellation for no show.
5. All cancellations must be
made 24 hours in advance by email.
FEES AND PAYMENT
We accept the following forms of
payment:
- Credit Card
- Debit Card
- Net Banking
- Mobile Wallets
- UPI
- Paypal
You may be required to purchase or
pay a fee to access some of our services. You agree to provide current,
complete, and accurate purchase and account information for all purchases made
via the Website/Mobile Application. You further agree to promptly update
account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and
contact you as needed. We bill you
through an online billing account for purchases made via the Website/Mobile
Application. GST will be added to the price of purchases as deemed required by
us. We may change prices at any time. All payments shall be in Indian National
Rupees.
You agree to pay all charges or fees
at the prices then in effect for your purchases, and you authorize us to charge
your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or received
payment. We also reserve the right to refuse any order placed through the Website/Mobile
Application.
CANCELLATION
Any cancellation will be allowed for
a course duration of more than 30 days in no later than 30 days of purchase. Sports
Nutrition Package, General Well Being Family Package, Pre-Wedding Makeover
Package, Contest Prep/Pre Photo Shoot Package are non-refundable,
non-exchangeable, non-saleable and non-transferable.
All Home Workout Sessions are
non-refundable, non-exchangeable, non-saleable and non-transferable if more
than one session is availed.
All Individual Training Specialist
Sessions and Couple Training Specialist Sessions are non-refundable,
non-exchangeable, non-saleable and non-transferable. Coach change is not
available for Training Specialist Sessions.
All Strength and Conditioning, Yoga,
Martial Arts, Pilates and Zumba Subscriptions are non-refundable,
non-exchangeable, non-saleable and non-transferable.
In case of cancellation of a package:
● All cancellations beyond 24
hours, will be credited to the user's account as credit balance, provided that
the user has not completed beyond 50% of the full course/class.
If you are not satisfied with our
services then you can ask for a coach change in the same tier as of your
purchase or a refund by raising a ticket to cancel your package subscription at
any time by logging into your account or contacting us using the contact
information provided below. Your cancellation will take effect immediately upon
approval.
Coach change may only be provided in
the same tier as that of the enrolled coach, at the discretion of uLiv.
If you are unsatisfied with our
services, please email us at cancellation@u-liv.com.
COMMUNITY STANDARDS AND CONDUCT
GUIDELINES
You may not access or use the
Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree
not to:
1. Systematically retrieve data
or other content from the Website/Mobile Application to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
2. Make any unauthorized use of
the Website/Mobile Application, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
3. Use a buying agent or
purchasing agent to make purchases on the Website/Mobile Application.
4. Use the Website/Mobile
Application to advertise or offer to sell goods and services.
5. Circumvent, disable, or
otherwise interfere with security-related features of the Website/Mobile
Application, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Website/Mobile Application
and/or the Content contained therein.
6. Engage in unauthorized
framing of or linking to the Website/Mobile Application.
7. Trick, defraud, or mislead us
and other users, especially in any attempt to learn sensitive account
information such as user passwords.
8. Make improper use of our
support services or submit false reports of abuse or misconduct.
9. Engage in any automated use
of the system, such as using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or
create an undue burden on the Website/Mobile Application or the networks or
services connected to the Website/Mobile Application.
11. Attempt to impersonate
another user or person or use the username of another user.
12. Sell or otherwise transfer
your profile.
13. Use any information obtained
from the Website/Mobile Application in order to harass, abuse, or harm another
person.
14. “Stalk” or otherwise harass
another user or employee of the Services.
15. Access or attempt to access
another user’s account without his or her consent.
16. Use the Website/Mobile
Application as part of any effort to compete with us or otherwise use the
Website/Mobile Application and/or the Content for any revenue-generating
endeavor or commercial enterprise.
17. Decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Website/Mobile Application.
18. Attempt to bypass any
measures of the Website/Mobile Application designed to prevent or restrict
access to the Website/Mobile Application, or any portion of the Website/Mobile
Application.
19. Harass, annoy, intimidate, or
threaten any of our employees or agents engaged in providing any portion of the
Website/Mobile Application to you.
20. Delete the copyright or other
proprietary rights notice from any Content.
21. Copy or adapt the
Website/Mobile Application software, including but not limited to Flash, PHP,
HTML, JavaScript, Angular or any other code.
22. Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Website/Mobile Application or modifies, impairs, disrupts, alters,
or interferes with the use, features, functions, operation, or maintenance of
the Website/Mobile Application.
23. Upload or transmit (or
attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
24. Except as may be the result of
standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the
Website/Mobile Application, or using or launching any unauthorized script or
other software.
25. Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Website/Mobile Application.
26. Use the Website/Mobile
Application in a manner inconsistent with any applicable laws or regulations.
Your privilege to use the Services
(including your ability to contribute to discussions on the Public Forum or
communicate with Coaches and/or other users on u-liv) depends on your
compliance with the community standards and conduct guidelines set forth above.
We may revoke your privileges to use all or a portion of the Services and/or
take any other appropriate measures to enforce these community standards and conduct
guidelines if violations are brought to our attention. Further, if you fail to
adhere to our community standards and conduct guidelines, or any part of these
Terms & Conditions, we may terminate, in our sole discretion, your use of,
or participation in, any Public Forum or the Services. Any violation of this
section may subject you to civil and/or criminal liability.
YOU AGREE AND UNDERSTAND THAT YOU MAY
BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD
PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT
POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED
DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION
TECHNOLOGY AMENDMENT ACT, 2008, uLiv IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE
HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY
DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR
OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.
HARASSMENT POLICY
We do not tolerate harassment on
u-liv. We want people to feel safe to engage and connect with their community.
Our harassment policy applies to both public and private individuals because we
want to prevent unwanted or malicious contact on the platform. Context and
intent matter, and we allow people to share posts if it is clear that something
was shared in order to condemn or draw attention to harassment. In addition to
reporting such behavior and content, we encourage people to use tools available
on u-liv to help protect against it. Anyone found in violation of this
Harassment Policy will be banned immediately from the u-liv community and the
users u-liv Account will be terminated.
Do not:
1. Repeatedly contact a single
person despite that person's clear desire and action to prevent that contact.
2. Repeatedly contact large
numbers of people with no prior solicitation.
3. Make Posts, Comments or Send
messages that contain:
a. Cursing aimed at an individual or group of individuals in the thread.
b. Calls for death, serious disease or disability, or physical harm aimed at an individual or group of individuals in the thread.
c. trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people.
d. Claims that a victim of a violent tragedy is lying about being a victim, acting/pretending to be a victim of a verified event, or otherwise is paid or employed to mislead people about their role in the event when sent directly to a survivor and/or immediate family member of a survivor or victim.
4. Send messages to a group that
contain trolling and bullying, or is intended to harass, harm, hurt, scare,
distress, embarrass or upset people, regardless of whether the person being
targeted is a public or private individual.
5. Target anyone maliciously,
including public figures, by
a. Attacking them based on their status as a victim of sexual assault or sexual exploitation.
b. Threatening any participant in public discourse with violence in an attempt to intimidate or silence them.
c. Calling for self-injury or suicide of a specific person, or group of people.
6. Target victims or survivors
of violent tragedies by name or by image, with claims that they are
a. Lying about being a victim of an event.
b. Acting/pretending to be a victim of an event.
c. Otherwise paid or employed to mislead people about their role in the event.
7. Target a minor with:
a. Claims about sexual activity or sexually transmitted disease(s).
b. Content has been photoshopped to include threats of violence either in text or image (for example, adding bullseye, dart, gun to head).
c. Calls for death or serious disease or disability.
d. Statements of intent to commit violence or low severity harm in an attempt to silence someone.
8. Objects created to attack
through:
i. Cursing at an individual or individuals.
ii. Degrading physical description.
iii. Claims about blasphemy.
iv. Expressions of contempt.
v. Expressions of disgust.
USER GENERATED CONTRIBUTIONS
Definition: “Public Forum” is any
area, site or feature offered as part of the Services including, but not
limited to postchat, blog, groups, emails or instant messaging features that
enables you (a) to upload, submit, post, display, perform, distribute and/or view
User Content, and/or (b) to communicate, share, or exchange User Content with
other members. Except as otherwise provided in our Privacy Policy all Public
Forum communications are public and not private communications. You are, and
shall remain, solely responsible for the User Content that you upload, submit,
post, transmit, communicate, share or exchange by means of any Public Forum and
for the consequences of submitting or posting the same.
The Website/Mobile Application may
invite you to chat, contribute to, or participate in online forums, and other
functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Website/Mobile Application, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Website/Mobile Application and through third-party Websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
1. The creation, distribution,
transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner
of or have the necessary licenses, rights, consents, releases, and permissions
to use and to authorize us, the Website/Mobile Application, and other users of
the Website/Mobile Application to use your Contributions in any manner
contemplated by the Website/Mobile Application and these Terms and Conditions.
3. You have the written consent,
release, and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Website/Mobile Application and
these Terms and Conditions.
4. Your Contributions are not
false, inaccurate, or misleading.
5. Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not
advocate the violent overthrow of any government or incite, encourage, or
threaten physical harm against another.
9. Your Contributions do not
violate any applicable law, regulation, or rule.
10. Your Contributions do not
violate the privacy or publicity rights of any third party.
11. Your Contributions do not
contain any material that solicits personal information from anyone under the
age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not
violate any Central or State law concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
13. Your Contributions do not
include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
14. Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Terms and Conditions, or any applicable law or regulation.
Any use of the Website/Mobile
Application in violation of the foregoing violates these Terms and Conditions
and may result in, among other things, termination or suspension of your rights
to use the Website/Mobile Application.
SOCIAL FORUM
As a user to our Services, you are
automatically invited to join and participate in group discussions in various
groups available on the Mobile App/Website namely - Q&A, Transformations,
Recipes and Articles (“u-liv Groups”) with other users that may be designated
as a Group Administrator by uLiv (such person or persons, collectively, the “Administrators”)
as well as a coach, who may be an employee or a contractor of uLiv, personnel
from an unaffiliated third party service provider or personnel from, or
designated by, our Business Customer (such person, a “Coach”). u-liv groups are
a Public Forum, and by using the u-liv Groups, you may receive electronic
communications, including group chat messages and/or private messages from
Coaches, Facilitators and other u-liv Group members who are members of the same
u-liv Group. u-liv Group members can see your public profile, but will not see
your email address or phone number. If you do not wish people to see your
posts, profile and do not wish to receive messages from other members, you
should turn on your privacy settings from the u-liv Mobile App/Website. Whether
you transmit any user content via private messaging or public group feature,
you agree to abide by our community standards and conduct guidelines at all
times. You further acknowledge that by providing you with the ability to
distribute User Content in the discussion forums, we are acting as a passive
conduit for such distribution and we are not undertaking any obligation or
liability relating to any User Content or activity in any Public Forum, nor do
we endorse any such User Content or activity. Although we reserve the right to
monitor some, all, or no areas of the Services (including any discussion forum
and u-liv Group) for adherence to the community standards and conduct
guidelines set forth above and to remove, without notice, any User Content for
any reason, we have no obligation to review Content prior to the Content’s
posting or to delete User Content that you may find objectionable or offensive.
uLiv DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS
AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION
PROVIDED THEREON.
PUBLIC PROFILE; INFORMATION PROVIDED
BY MEMBERS
In order to join a Group in u-liv or
access similar services that provide Public Forums or interactions with other
members, you may be required to keep your privacy settings off, which may make
public certain identifying information (such as profile photos, etc.). In
addition, members have the option to post photographs, messages, videos and
other information on u-liv Groups. uLiv relies on its members to provide
current and accurate information, and uLiv does not, and cannot, investigate
information contained in member public profiles. Accordingly, we must assume
that information contained in each member's public profile is current and
accurate. uLiv DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY OF PUBLIC
PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR
ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN
CONNECTION WITH THEIR USE OF THE SERVICES.
CONTRIBUTION LICENSE
“User Contribution” is any content,
materials or information (including without limitation, any text, information,
graphics, messages, photos, images, nutritional information contributed to our
food database and works of authorship kind), data, questions, comments,
suggestions or other content, including personally identifiable information
that you upload, send, email, display, perform, distribute, post or otherwise
transmit to us, at our request or on your own, on, or through the Services
(such as message boards, recipe logging), whether in connection with your use
of the Services or through the use of any Third Party Websites or Third Party
Services or otherwise, and whether publicly posted or privately transmitted.
By posting your Contributions to any
part of the Mobile Application or making Contributions accessible to the Mobile
Application by linking your account from the Mobile Application to any of your
social networking accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The use
and distribution may occur in any media formats and through any media channels.
This license will apply to any form,
media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with
your Contributions. We are not liable for any statements or representations in
your Contributions provided by you in any area on the Mobile Application. You
are solely responsible for your Contributions to the Mobile Application and you
expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
We have the right, in our sole and
absolute discretion,
1. to edit, redact, or otherwise
change any Contributions;
2. to re-categorize any
Contributions to place them in more appropriate locations on the Website; and
3. to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
uLiv DOES NOT (I) GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE
FOOD DATABASE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY
OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL
uLiv BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON
NUTRITIONAL INFORMATION.
You are solely responsible for
ensuring that any nutritional information in the Food Database is accurate,
complete and useful. Nutritional information in the Food Database may not be
reproduced, duplicated, copied, modified, sold, resold, distributed, visited,
or otherwise exploited for any commercial purpose without the express written
consent of uLiv.
GUIDELINES FOR REVIEWS
We may provide you areas on the
Website/Mobile Application to leave reviews or ratings. When posting a review,
you must comply with the following criteria:
1. you should have firsthand
experience with the person/entity being reviewed;
2. your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hate language;
3. your reviews should not
contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability;
4. your reviews should not
contain references to illegal activity;
5. you should not be affiliated
with competitors if posting negative reviews;
6. you should not make any
conclusions as to the legality of conduct;
7. you may not post any false or
misleading statements; and
8. you may not organize a
campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove
reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent
our opinions or the views of any of our affiliates or partners. We do not
assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access u-liv via a mobile
application, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Terms and
Conditions.
You shall not:
1. decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the application;
2. make any modification,
adaptation, improvement, enhancement, translation, or derivative work from the
application;
3. violate any applicable laws, rules,
or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted by
us or the licensors of the application;
5. use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended;
6. make the application
available over a network or other environmental permitting access or use by
multiple devices or users at the same time;
7. use the application for
creating a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the application;
8. use the application to send
automated queries to any website or to send any unsolicited commercial e-mail;
or
9. use any proprietary
information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you
use a mobile application obtained from either the Apple App Store or Google
Play Store (each an “App Distributor”) to access the Website/Mobile
Application:
the license granted to you for our
mobile application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service;
we are responsible for providing any
maintenance and support services with respect to the mobile application as
specified in the terms and conditions of this mobile application license
contained in these Terms and Conditions or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the
mobile application;
in the event of any failure of the
mobile application to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to
the mobile application;
you represent and warrant that :
1. you are not located in a
country that is subject to a Indian government embargo, or that has been
designated by the Indian government as a “terrorist supporting” country; and
2. you are not listed on any
Indian government list of prohibited or restricted parties;
3. you must comply with
applicable third-party terms of agreement when using the mobile application,
e.g., if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the mobile application; and
4. you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Terms and
Conditions, and that each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms and conditions in this
mobile application license contained in these Terms and Conditions against you
as a third-party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the
Website/Mobile Application, you may link your account with online accounts you
have with third-party service providers (each such account, a “Third-Party
Account”) by either:
providing your Third-Party Account
login information through the Website/Mobile Application; or
allowing us 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 and warrant that you are
entitled to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts, you
understand that:
1. we may access, make
available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the “Social Network Content”) so that it is
available on and through the Website/Mobile Application via your account,
including without limitation any friend lists and;
2. we may submit to and receive
from your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account. Depending on
the Third-Party Accounts you choose and subject to the privacy settings that
you have set in such Third-Party Accounts, personally identifiable information that
you post to your Third-Party Accounts may be available on and through your
account on the Website/Mobile Application. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, the
Social Network Content may no longer be available on and through the
Website/Mobile Application. You will have the ability to disable the connection
between your account on the Website/Mobile Application and your Third-Party
Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Website/Mobile Application.
You can deactivate the connection between the Website/Mobile Application and
your Third-Party Account by contacting us using the contact information below
or through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated with
your account.
SUBMISSIONS
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information
regarding the Website/Mobile Application ("Submissions") provided by
you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have
the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Website/Mobile Application may
contain (or you may be sent via the Website) links to other websites
("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Website/Mobile Application or any
Third-Party Content posted on, available through, or installed from the
Website/Mobile Application, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If
you decide to leave the Website/Mobile Application and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms and Conditions no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the
Website/Mobile Application or relating to any applications you use or install
from the Website/Mobile Application. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take
no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by
your use and purchase of such products or services. Additionally, you shall
hold us harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
WEBSITE / MOBILE APPLICATION MANAGEMENT
We reserve the right, but not the
obligation, to:
1. monitor the Website/Mobile
Application for violations of these Terms and Conditions;
2. take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Terms and
Conditions, including without limitation, reporting such user to law
enforcement authorities;
3. in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or
any portion thereof;
4. in our sole discretion and
without limitation, notice, or liability, to remove from the Website/Mobile Application
or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and
5. otherwise manage the
Website/Mobile Application in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Website/Mobile
Application.
PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy at : https://www.u-liv.com/privacy-policy. By using the Website/Mobile
Application, you agree to be bound by our Privacy Policy, which is incorporated
into these Terms and Conditions. Please be advised the Website/Mobile
Application is hosted in the EU Region as per the GDPR Guidelines. If you
access the Website/Mobile Application from any other region of the world with
laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in India or EU, then through your
continued use of the Website/Mobile Application, you are transferring your data
to India and EU, and you expressly consent to have your data transferred to and
processed in India and stored in EU region. Further, we do not knowingly
accept, request, or solicit information from children or knowingly market to
children. If we receive actual knowledge that anyone under the age of 18 has
provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Website/Mobile Application
as quickly as is reasonably practicable.
COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY
INFRINGEMENTS
We respect the intellectual property
rights of others. If you believe that any material available on or through the
Website/Mobile Application infringes upon any Intellectual Property you own or
control, please immediately notify us using the contact information provided
below (a “Notification”). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification. Please
be advised that pursuant to Indian Copyright laws you may be held liable for
damages if you make material misrepresentations in a Notification by making
false copyright claims. Thus, if you are not sure that material located on or
linked to by the Website/Mobile Application infringes your copyright, you
should consider first contacting an attorney. We may terminate your u-liv
account if you repeatedly infringe the intellectual property rights of others.
TERM AND TERMINATION
These Terms and Conditions shall
remain in full force and effect while you use the Website/Mobile Application.
WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS AND CONDITION, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE/MOBILE
APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE WEBSITE AND MOBILE APPLICATION OR DELETE YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Website/Mobile Application at any time or
for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Website/Mobile Application. We also
reserve the right to modify or discontinue all or part of the Website/Mobile
Application without notice at any time. We will not be liable to you or any
third party for any modification, price change, suspension, or discontinuance
of the Website/Mobile Application.
We cannot guarantee the
Website/Mobile Application will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Website/Mobile Application, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Website/Mobile Application at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the
Website/Mobile Application during any downtime or discontinuance of the
Website/Mobile Application. Nothing in these Terms and Conditions will be
construed to obligate us to maintain and support the Website/Mobile Application
or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms and Conditions and your
use of the Website/Mobile Application shall be governed by and shall be
construed in accordance with the laws of India. All disputes relating to this
Agreement shall be settled in the courts located at Delhi/ Mumbai.
Any cause of action arising out of a
User’s use of Services must be commenced within 30 (thirty) days after:
1. when such cause of action
accrues; or
2. such User becomes aware of
the facts giving rise to the cause of action, whichever is later, else, such
cause of action shall be permanently barred.
DISPUTE RESOLUTION
Binding Arbitration
If any dispute, controversy or claim
arises under this Agreement or in relation to any Service or the u-liv
Platform, including any question regarding the existence, validity or
termination of this Agreement or T&Cs (hereinafter Dispute), the parties
shall use all reasonable endeavours to resolve such Dispute amicably. If the
parties are unable to resolve the Dispute amicably within 30 days of the notice
of such Dispute, uLiv may elect to resolve any Dispute by a binding arbitration
in accordance with the provisions of the Indian Arbitration & Conciliation
Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual
basis and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The Dispute shall be resolved by a sole
arbitrator, appointed in accordance with the Act. The seat of the arbitration
shall be Delhi/ Mumbai and the language of this arbitration shall be English.
Either You or uLiv may seek any interim or preliminary relief from a court of
competent jurisdiction in Delhi/Mumbai necessary to protect the rights or the
property belonging to You or uLiv (or any of our agents, suppliers, and
subcontractors), pending the completion of arbitration. Any arbitration shall
be confidential, and neither You nor uLiv may disclose the existence, content
or results of any arbitration, except as may be required by law or for purposes
of enforcing the arbitration award. All administrative fees and expenses of
arbitration will be divided equally between You and uLiv. In all arbitrations,
each party will bear the expense of its own lawyers and preparation. This paragraph
shall survive the termination of this Agreement.
Restrictions
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law,
1. no arbitration shall be
joined with any other proceeding;
2. there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and
3. there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following
Disputes are not subject to the above provisions concerning binding
arbitration:
1. any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party;
2. any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and
3. any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
CORRECTIONS
There may be information on the
Website/Mobile Application that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Website/Mobile
Application at any time, without prior notice.
DISCLAIMER
THE WEBSITE/MOBILE APPLICATION IS
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
WEBSITE/MOBILE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE/MOBILE APPLICATION AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
WEBSITE/MOBILE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THE WEBSITE/MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE WEBSITE/MOBILE APPLICATION, ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
WEBSITE/MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE WEBSITE/MOBILE APPLICATION. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE WEBSITE/MOBILE APPLICATION, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE WEBSITE/MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold
us harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
1. your Contributions;
2. use of the Website/Mobile
Application;
3. breach of these Terms and
Conditions;
4. any breach of your
representations and warranties set forth in these Terms and Conditions;
5. your violation of the rights
of a third party, including but not limited to intellectual property rights; or
6. any overt harmful act toward
any other user of the Website/Mobile Application with whom you connected via
the Website/Mobile Application. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that
you transmit to the Website/Mobile Application for the purpose of managing the
performance of the Website/Mobile Application, as well as data relating to your
use of the Website/Mobile Application. Although we encrypt and perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Website/Mobile Application. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website/Mobile
Application, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Website/Mobile
Application, satisfy any legal requirement that such communication be in
writing.
YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE WEBSITE/MOBILE APPLICATION.
You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
MISCELLANEOUS
These Terms and Conditions and any
policies or operating rules posted by uLiv on the Website/Mobile Application or
in respect to the Website/Mobile Application constitute the entire agreement
and understanding between you and uLiv. Our failure to exercise or enforce any
right or provision of these Terms and Conditions shall not operate as a waiver
of such right or provision. These Terms and Conditions operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms and
Conditions is determined to be unlawful, void, or unenforceable, that provision
or part of the provision is deemed severable from these Terms and Conditions
and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms and Conditions or use of
the Website/Mobile Application. You agree that these Terms and Conditions will
not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of these Terms
and Conditions and the lack of signing by the parties hereto to execute these
Terms and Conditions.
CONTACT US
In order to resolve a complaint
regarding the Website or to receive further information regarding the use of
the Website, please contact us at:
uLiv EdHealth Private Limited
HOUSE NO 92/1 BLOCK - J
LANDMARK NR SANTOSHI MATA MANDIR
KRISHAN VIHAR NEW DELHI 110086
E: info@u-liv.com