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Terms & Conditions

1. GENERAL INFORMATION

1.1 SAKSHAM APPS

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content listed on www.sakshamindia.in (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, and the Apps are collectively referred to herein as the “App” or “Apps”, which may be updated from time-to-time at the sole discretion of Saksham). Please read these terms and conditions, carefully before downloading any Apps from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “Saksham,” “us” or “we” refers to Saksham Mental Wellness Ecosystem (including Saksham App, website and other ancillary / associate resources). The term “Device” refers to the device which is used to access the Apps including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Apps. When you download any Apps, or otherwise use or access the Apps, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your access to the Apps. At such time, if you do not click “I accept”, you may not be able to gain such access. By using the Apps, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Apps. Our contact email address is sakshamindiaapp@gmail.com. All correspondence to Saksham including any queries you may have regarding your use of the Apps or these Terms should be sent to this contact email address.

1.2 BASIS OF LICENSE

  • These Terms set out the whole agreement between you and us for the supply of the Apps. In order to participate in certain Apps, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall prevail.
  • Please check that the details in these Terms are complete and accurate before you use or commit yourself to the Apps. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Saksham.
  • AS PART OF YOUR USE OF THE APPS, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN INDIA , INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION FOR THE PURPOSES OF TRACKING INDIVIDUAL USE OF THE APPS. BY USING THE APP(S), YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT INDIA MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN INDIA. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.

1.3 CHANGES TO TERMS

Saksham reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.sakshamindia.in. Your continued use of the Apps constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Apps or email.
2. MEMBERSHIPS

2.1 BECOMING A MEMBER

You may sign up as a registered user of the Apps (a “Member”). To become a Member you need to go to the relevant section of the Apps, then submit your name, email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account. (b) In the course of your use of the Apps, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Saksham Privacy Policy. You acknowledge and 1agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. (c) By registering for a Saksham account, the Apps, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Apps does not violate any applicable law or regulation.

2.2 ONCE A MEMBER

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

2.3 USE OF SAKSHAM BY MINORS

Saksham is not meant to be used by minors. You must be at least 18 years of age, to sign up as a registered user of the Apps. Saksham shall not be liable for prosecution under any law in the event it is found that a user has registered by providing incorrect age. Saksham reserves its right to take all appropriate action in such a scenario.
3. PROHIBITED USE OF THE APPS
  • You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Apps or the Apps themselves. You agree not to interfere with the servers or networks underlying or connected to the Apps or to violate any of the procedures, policies or regulations of networks connected to the Apps. You may not access the Apps in an unauthorized manner.
  • You agree not to impersonate any other person while using the Apps, conduct yourself in an offensive manner while using the Apps, or use the Apps for any illegal, immoral or harmful purpose.
  • By breaching the provisions of this section 3, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Apps will cease immediately.
  • You agree not to use the Apps for any purposes related to scientific research, analysis or evaluation of the Apps without the express written consent of Saksham.
4. MATERIALS OFFERED THROUGH THE APPS

4.1 COPYRIGHT

  • All materials (including software and content whether downloaded or not) contained in the Apps are owned by Saksham (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
  • You acknowledge and agree that certain materials on or in the Apps are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce the same.
  • Audio or video content from Saksham not explicitly indicated as downloadable may not be downloaded or copied from the Apps or any Device.
  • The Apps are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Apps for commercial purposes without obtaining a written license to do so from us. Material from the Apps may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Apps and may subject you to legal liability including for damages. You agree not to use the Apps for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Apps. Appropriate legal action, including action for damages, may be taken for any illegal or unauthorized use of the Apps.
  • You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Apps. If you make other use of the Apps, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the India, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Saksham will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. AVAILABILITY OF APPS
  • Although we aim to offer you the best service possible, we make no promise that the Apps will meet your requirements and we cannot guarantee that the Apps will be fault free. If a fault occurs in the Apps, please report it to us at sakshamindiaapp@gmail.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Apps while we address the fault. We will not be liable to you if the Apps are unavailable for any period of time.
  • Your access to the Apps may be occasionally restricted to allow for repairs, maintenance or the introduction of new features or Apps. We will restore the Apps as soon as we reasonably can.
6. LINKS TO WEBSITES/HOME PAGE
  • We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Apps must not be framed on any other website, nor may you create a link to any part of the Apps unless you have written permission to do so from Saksham. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Apps other than that set out above, please address your request to sakshamindiaapp@gmail.com.
7. APPS DISCLAIMER
The information contained in the Apps is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Apps or the information contained on the Apps for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
8. MEDICAL DISCLAIMER
  • Saksham may provide online and mobile meditation, mindfulness, physical activities content in the health & wellness space. We are not a health care or medical device provider, nor should our Apps be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Saksham makes no claims, representations or guarantees that the Apps provide a physical or therapeutic benefit.
  • Any health information and links on the Apps, whether provided by Saksham or by contract from outside providers, is provided simply for your convenience.
  • To the extent that you participate in any physical activities content featured in the Apps, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Saksham has advised you of the necessity of doing so.
  • Any advice or other materials in the Apps are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Apps.
  • There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice.
9. END USER LICENSE
  • Subject to the terms of this license agreement (“License Agreement”), as set out in this section 9, and these other Terms, Saksham grants you a limited, non exclusive, revocable license to make personal non-commercial use of the Apps.
  • The Apps contain or embody copyrighted material, proprietary material or other intellectual property of Saksham or its licensors. All right, title and ownership in the Apps remain with Saksham or its licensors, as applicable. The rights to download and use the Apps are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
  • You agree that you will not and you will not assist or permit any third party to:
    • Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Apps in any way, or create derivative works of the Apps;
    • Use the Apps or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
    • Rent, lease, loan, make available to the public, sell or distribute the Apps in whole or in part;
    • Tamper with the Apps or circumvent any technology used by Saksham or its licensors to protect any content accessible through the Apps;
    • Circumvent any territorial restrictions applied to the Apps; or
    • Use the Apps in a way that violates this License Agreement or the other Terms.
  • You may not make the Apps available to the public. The Apps made available (in whole or in part) are owned by Saksham or its licensors and your use of them must be in accordance with these Terms.
10. GENERAL TERMS AND CONDITIONS
  • ASSIGNMENT BY USSaksham may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
  • INDEMNITY BY YOUYou agree to defend, indemnify and hold Saksham and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or wilful misuse of the Apps, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Apps, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Apps; or (iv) your breach or violation of the law or of these Terms. Saksham reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Saksham defence of such claim.
  • WARRANTIES AND LIMITATIONS
    • This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
    • Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Apps. In no event shall Saksham be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Apps or other activities you undertake in connection with your use of the Apps.
    • The Apps and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or correctness of the Apps or their content. We assume no liability or responsibility for any errors or omissions in the content of the Apps, or any failures, delays, or interruptions in the provision of the Apps. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Apps to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Apps. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Apps. We make no warranties or representations that your use of content and information posted on the Apps will not infringe rights of third parties.
    • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
  • NO WAIVERIf we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
  • FORCE MAJEUREWe will not be liable to you for any lack of performance, or the unavailability or failure, of the Apps, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
  • INTERPRETATIONIn these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
  • ELECTRONIC COMMUNICATIONS
    • Applicable laws require that some of the information or communications we send to you should be in writing. When using the Apps, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Apps. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
    • In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.
    • You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at sakshamindiaapp@gmail.com
    • We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.
    • To receive and view an electronic copy of the communications you must have the following equipment and software:
    • A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
    • an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.
    • To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.
    • You can also contact us via email at sakshamindiaapp@gmail.com to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Apps.
    • We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
  • NOTICESUnless otherwise specifically indicated, all notices given by you to us must be given to Saksham at sakshamindiaapp@gmail.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 10.7 above. Notice will be deemed received and properly served immediately when posted on the Apps or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
  • ENTIRE AGREEMENTThese Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
  • THIRD PARTY RIGHTSA person who is not party to these Terms will not have any rights under or in connection with these Terms.
  • LIMITATION OF SAKSHAM’S LIABILITY
    • We will make reasonable endeavours to remedy faults in the Apps. We will not be liable for:
      • Faulty operation of computers or Devices during the registration process or during completion of a user profile or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
      • Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Apps, or from transmissions via emails or attachments received from us.
      • Any use of websites linked to the Apps but operated by third parties.
    • TO THE FULLEST EXTENT PERMITTED BY LAW, SAKSHAM AND ITS AFFILIATES, SUPPLIERS, CLIENTS OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE APPS OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE APPS, OR LOST BUSINESS OR LOST SALES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE APPS, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON OR THROUGHOUT THE APPS.
    • Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Apps. In no event shall Saksham be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Apps or other activities you undertake in connection with your use of the Apps.
  • SEVERABILITYIf any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
  • DISPUTE RESOLUTIONAny disputes or differences arising out of or in respect of any of the clauses of these Terms shall be referred to the arbitration of a Sole Arbitrator whose Award shall be final and binding. The Arbitration shall be held at Mumbai and the proceedings shall be in English. The courts in Mumbai shall have exclusive jurisdiction. These arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 along with its statutory amendments or re-enactments if any.
These Terms are effective and were last updated on Oct 31, 2023.