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These terms and conditions of the Participation Agreement are being executed between Antara Sen Dave (“ASD”), and the Participant whose name and details are specified in the attached registration form. These terms & conditions are an electronic record in the form of a binding agreement between the Parties. These terms & conditions do not require any physical, electronic or digital signature. These terms & conditions are a legally binding document and will be effective upon the Participant’s enrolment in the Program. These terms & conditions together with the registration form ("Agreement") constitute the entire agreement and shall fully govern your participation in the Program. The Participant hereby understands, agrees, represents and warrants as under that
A. Scope
- ASD is a trained social worker, a certified Happiness Coach and Mindfulness practitioner and through her services offers a connection time, and an accepting, warm, confidential space to air and share thoughts and concerns freely and openly without fear of being judged. ASD operates and conducts the following programs, sessions, workshops and conversation which are based out of Delhi NCR, India and limited to India:
- The Programs shall be conducted in person and/or through ASD’s online platform and/or through any such other online platform as designated by ASD in its sole discretion and the Participant shall have to be part of the Program through such online platform as specified by ASD.
B. Operation of the Program
- The dates, timings, length and scheduling of the Program and classes shall be as specified by ASD in its sole discretion. The dates, timings, length and scheduling of the Program and classes may be subject to change/modification/variation and the Participant shall be informed of the same.
- Participant should provide complete details along with their valid email id in the registration form. All communications to the Participant shall only be addressed to the relevant email id as specified on the Participant’s registration form. The email id/details as provided in the registration form shall only be change/altered in the event, the Participant specifically requests for the same in writing. Once changed on the written request of the Participant, all future communications shall be addressed to such new email id and all previous details/email id shall stand automatically superseded with the new details/email id.
- On the completion of the registration process to the satisfaction of ASD, the Participants shall receive initiation instructions through email on the email address as provided by the Participant in the registration form.
- ASD through its Programs does not provide crisis intervention or support, including but not limited to suicidal crises or any kind of help, assistance or guidance for any person with mental issues, suicidal, behavioural or personality issues. The Programs/Sessions of ASD are not to be construed or perceived as a suicide helpline, assistance, guidance service. In the event the Participant is suffering from any of the above issues, ASD recommends that the Participant should seek appropriate counselling and help from registered medical practitioners. ASD does not provide medical or psychiatric services. ASD Programs/Sessions are not for those participants who have severe mental health or mental trauma issues, and the Programs shall not provide a mental health diagnosis or prescribe medication or assist in medication management. The Users confirms and represents that they are not currently undergoing any psychiatric or other treatment which may conflict with the Programs provided by ASD. ASD reserves the right to refuse enrolment of a participant in the Program at its sole discretion without having to specify a reason for such refusal and shall not be liable for any losses or damages suffered by the participant as a consequence of such refusal to provide access to the Program
- All rights including but not limited to IPR in any oral conversation or written documentation of the Program are owned and/or have been licensed to ASD and are proprietary/confidential materials of ASD. Any and all materials of the Program which are shared with the Participants are for the sole and exclusive use of the Participant only. Participants shall not share, divulge, disclose or disseminate any materials of the Program including but not limited to the conversations, discussion, recordings, or allow friends or family members to participate or listen in to the Program and classes.
- Any and all decisions which may be taken by the Participant during and after the Program shall be solely attributable to the Participant itself and ASD shall not be liable for any consequence of such decisions of the Participant even if such decisions are taken as a result of or due to the Participant taking part in the Program.
- The Participant understands and agrees that ASD, the Program and the Participant’s enrollment and completion of the Program, in no manner whatsoever, guarantees, assures or promises any kind of personal and/or professional or personal growth, coaching opportunities or any other kind of personal, professional and business opportunities for the Participant.
- The Participant understands and agrees that during the Program the Participant may choose to explore and delve into personal behavioral patterns, personal and family matters, memories, or psychological issues. ASD shall not be liable in any manner whatsoever in the event the above activities cause any kind of harm, mental or physical distress to the Participant and the Participant hereby waives and relinquishes its right to initiate any action or file any claim against ASD in relation to the same.
- The Participant hereby releases, relinquishes, discharges and waives ASD, its group companies, its employees, officers and directors of and from any and all claims which the Participant may have against ASD arising out of or in relation to the Program and the Participant covenants not to claim, sue or file any legal proceedings including but not limited to civil or criminal proceedings against ASD, its group companies, its employees, officers and directors in relation to and/or in connection with the Program and/or the Participant’s participation in the Program.
- In the event the Participant suffers from any illness, abnormalities, diseases, medical/mental/physical conditions or disabilities, the Participant shall immediately inform ASD in relation to the same. The Participant further confirms that the Participant does not suffer from any physical or mental conditions or disabilities which may, or may be likely to, endanger the Participant’s health in any manner whatsoever as a result of participation in the Program. ASD shall not be in any manner responsible for any kind of harm/injury due to any kind of accidents that may be caused to the Participant during the Program including but not limited to any emotional, mental or physical stress, condition or illness.
- The Participant on its own behalf and on behalf of its legal representatives, heirs and executors hereby irrevocably agrees that they will not hold or seek to hold ASD or any of their affiliates or group companies, or any shareholders, officers or employees of any of the aforementioned companies responsible or liable for any injuries, harm, damage, psychological trauma, losses or damages of any kind whatsoever suffered or incurred by or caused to the Participant during the Program, howsoever arising in relation to the Participant ’s attendance or participation in the Program, and hereby waive and release ASD from any and all claims in relation to such liability.
- During the Program/Sessions, the Participant may be required to use and access certain third party platforms like zoom, razor pay, Microsoft outlook, other hosting sites or other such third party platforms. The Participant hereby agree, acknowledge and understand that (i) the terms and conditions of such third party platforms shall govern the Participant’s usage and access of such third party platforms; (ii) ASD shall have no control over such third party platforms and/or over their terms & conditions, policies or decisions; (iii) such third party platforms may save, store, process, use and share the Participant’s personal, financial or other kind of information/data which may be collected from the Participant during his/her usage and access to such third party platform; (iv) Such third party platforms shall be solely responsible for storing, accessing and processing such information and data collected from the Participant in accordance with the applicable laws; (v) ASD shall not in any manner liable for any acts, omissions and breaches of such third party platforms in relation to the information and data being collected by such third party platforms from the Participant.
C. Payment Terms
- In consideration of the Participant enrolling in ASD’s Program, the Participant shall pay the Program Fee to ASD. The payment of Program Fee shall be subject to deduction of all applicable statutory taxes and levies. The details of the Program Fee along with the plan chosen by the Participant shall be as specified in the Participant’s registration form. All payments must be made as agreed in the registration form.
- ASD shall not be liable for any kind of reduction or refund of the Program Fee in the event the Participant fails to follow the initiation instructions and/or fails to join the Program/Session. Only in extreme and special situations, in the event the Participant is not able to attend any part of the Program or any Session due to unavoidable/inevitable circumstances, the Participant shall be required to inform ASD in advance and in writing. In such an event ASD reserves the right and discretion to make best possible efforts to accommodate such reasonable requests of the Participant. Such consideration of the Participant’s request does not guarantee or assure any kind of adjustment or refund of the Program Fee.
- ASD in its sole discretion after considering all factors involved may choose to adjust or refund any part of the Program Fee if such request for cancellation have been made by the Participant atleast 48 hours in advance. However, notwithstanding anything herein contained, in the event the Participant has crossed and gone beyond a period of 30 days of the Program, the Participant shall not be entitled for any kind of refund of any amount of the Program Fee.
- In the event of any delay or failure to pay the Program Fee or any part/installment thereof, ASD shall have all of the following rights:
- a. To refuse and disallow the Participant from continuing with the Program;
- b. To suspend the terms of this Agreement with the Participant, thereby disallowing the Participant to further participate in the Program;
- c. To terminate the Participant’s enrollment in the Program;
- Notwithstanding anything herein contained, the Participant understands, acknowledges and agrees that the decision of any kind of refund, reduction or adjustment of the Program Fee in any type of situation shall solely be at the discretion of ASD and ASD shall have the final right to give or refuse any kind of refund, reduction or adjustment of the Program Fee.
- ASD shall have the sole and exclusive right and discretion to cancel or postpone the any Session/Program due to any reason whatsoever. In the event of cancellation or postponement of the Program, ASD will endeavor to inform the Participant before the commencement of the Program however the same is not guaranteed or assured and may vary due to unforeseen circumstances which may be beyond the control of ASD. In the event of such postponement or cancellation by ASD, the Program Fee of the Participant shall be refunded or adjusted as required. ASD shall not in any manner be liable for such postponement or cancellation of the Program including but not limited to any direct or indirect damages/losses, consequential damages/losses or any other costs or expenses.
- The Participant acknowledges that the conduct of the Program is subject to factors beyond the reasonable control of ASD, including Force Majeure conditions, and in the event of cancellation, rescheduling or change of venue/duration of the Program on account of any such factors, the Participant shall not be entitled to any reimbursement of any costs or charges whatsoever and shall not make any claims whatsoever against the ASD in relation to such cancellation or rescheduling of the Program.
D. Term and Termination
- This Participation Agreement shall come into force on execution and shall terminate on the Participant completing the Program unless terminated earlier in accordance with the terms of this Agreement (the “Term”).
- ASD, acting in its sole discretion, may terminate this Agreement with immediate effect with notice in writing if: (i) the Participant is in material breach of any of the terms of this Agreement and/or the present terms and conditions; and/or (ii) the Participant fails to adhere to or comply with any requests or instructions of ASD and/or fails to perform any of its obligations as specified hereunder.
E. General Provisions
- Intellectual Property Rights - For the purposes of these Terms and Conditions and this Participant Agreement, Intellectual Property/Intellectual Property Rights/IPR shall mean including but not limited to ownership of, and all rights, titles, and interests in, all materials shared with the Participant in relation to the Program, ASD’s proprietary information, trademarks, trade names, copyright, logos, art works, slogans, know-how, processes, methods, trade secrets, source codes, application developments, designs, drawings, plans, business plans or models, blue prints (whether or not registrable and whether or not design rights subsist in them), works in which copyright may subsist (including computer software and preparatory and course materials thereof), inventions (whether patentable or not, and whether or not patent protection has been applied for or granted) and all other intellectual property throughout the world, in perpetuity, for any use and for all languages, including but not limited to computer and human languages developed or created from time to time by or for ASD and/or its affiliates for the Participant.
- Ownership of IPR - The Participant agrees and acknowledges that all Intellectual Property Rights in the Program and all materials being shared with the Participant during the Program are sole and exclusively owned by ASD and/or have been licensed to ASD. ASD shall be the first and exclusive owner of all rights including but not limited to Intellectual Property Rights and copyright in the Program and Program materials for all purposes, for the entire universe, in all languages and in perpetuity. ASD, as first and exclusive owner, shall have the sole and exclusive right to exercise all rights comprised in copyright in the Program and Program materials in accordance with any/ all applicable laws.
- Indemnification: The Participant agrees to defend, indemnify and hold harmless ASD, its group companies, affiliates, officers, directors, employees and agents from and against any and all liability, for any and all claims and/or causes of action, damages, costs or judgments (including reasonable attorney’s fees) brought by or on behalf of any third party arising from or out of the Program and/or arising from or out of the breach of the provisions of this Agreement, or any claim which, would constitute such a breach of this Agreement by the Participant (including any breach of its representations or warranties), for any reason on account of any activity of the Participant in relation to the Program and pursuant to this Agreement, or the Participant ’s negligence or willful misconduct.
- Assignment: The obligations in this agreement are personal to the Participant and the Participant shall not assign, transfer, sub-contract or in any other manner transfer to another party the benefit or burden of this Agreement.
- Dispute Resolution: All doubts, differences, disputes, controversy or claims arising from, out of or in connection with this Agreement, or in the interpretation thereof shall be first settled through negotiation/conciliation between the Parties. If such negotiations do not lead to a settlement within 15 days of notifying the dispute in writing, it shall be finally resolved by arbitration by a sole arbitrator (to be mutually nominated by the Parties) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended) failing which such sole arbitrator shall be appointed in terms of the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be New Delhi. The arbitration shall be conducted in the English language. Subject to the above dispute resolution mechanism, this Agreement shall be governed by Indian law and will be subject to the sole and exclusive jurisdiction of the Courts at New Delhi.
- Confidentiality and Non-Disclosure: The Participant hereby undertakes not to use, disclose, publish, reveal or make public, either directly or indirectly, except with the prior written consent of ASD, any Confidential Information pertaining to the covenants of this Agreement, this present terms and conditions and/or the Program and Program materials and/or ASD. ASD shall be the sole and exclusive owner of all Confidential Information. Confidential Information shall mean and include but shall not be limited to (i) any information related to ASD (ii) the terms and conditions of this Agreement (iii) any information or data shared with the Participant in relation to the Program (iv) any information related to the Program. The Participant expressly agrees and acknowledges that it shall not make any public statement or press statement or provide any interviews to the media in connection with the Confidential Information and that it shall not authorize, encourage or permit third parties to make any public statements or issue or create any photographs, recordings, social media materials, writing, press materials or any other materials of any kind concerning ASD or the Program without obtaining the prior written consent of ASD, which consent may be withheld at its sole discretion. This Clause and the confidential obligations shall survive the termination and/or expiry of this Agreement.
- No Publicity: The Participant understands and acknowledges the Participant’s confidentiality obligations and publicity obligations hereunder shall apply to any/all media whatsoever, including without limitation, any social networking site, micro-blogging service, user generated or user content website, online forum, discussion thread or comment section, personal website or blog, user modified website (“wiki”), or any other website, service, platform, program, application or other form or method of communication, whether now known or herein devised. Notwithstanding the foregoing, the Participant understands and acknowledges that the Participant shall not make disclosures prohibited hereunder via Instagram, Facebook, Twitter, YouTube or any similar website or service without the prior written approval of ASD.
- Non-Disparagement: The Participant agrees that, during the Term of this Agreement and thereafter, the Participant shall not, make any written or oral communication, with the press or in any other form of the visual or print media including but not limited to social media platforms, or to third party, thereby ridiculing or making any statement or taking (or omitting to take) any action that is disparaging or is derogatory of the Program, ASD or its affiliates or any of their personnel.
- Data Protection: The Participant consents to ASD holding and processing data relating to the Participant for legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" relating to the Participant as per the applicable laws. ASD shall in no manner whatsoever be liable or responsible for any kind of data breach, or any illegal dissemination of any data of the Participant if such breach or illegal dissemination of such Participant data is due to reasons beyond the control of ASD and/or for which ASD has undertaken all reasonable protections and safeguards. The Participant is fully aware and conscious of the above and has out of its own free will consented and agreed to share all its data and information with ASD.
- Force Majeure: The failure by a Party to fulfill any of its obligations under this Participant Agreement and terms and conditions shall not be considered to be a breach of, or a default insofar as the inability arises from an event of Force Majeure (which shall include without limitation Acts of God, natural calamities, rains, bad weather conditions, terrorist strikes, acts of rioting and violence, public disorder, outbreak of pandemics, government imposed lockdowns/shutdowns, rules/decisions/directives of government and quasi-governmental bodies, court/arbitrator/tribunal orders, legal compliances, civic agencies etc).
- Waiver: By this document the Participant hereby agrees to be bound by the terms and conditions as stated above. By counter-signing this document the Participant hereby confirms that the undertakings provided by the Participant hereinabove are true and accurate and consents and agrees (i) to the Participant attending and participating in the Program, on the terms and conditions set out above and not to hold or seek to hold ASD responsible or liable for any injuries, harm, damage, mental, physical or emotional stress/complications/conditions, psychological trauma, losses or damages of any kind whatsoever suffered or incurred by or caused to the Participant howsoever arising in relation to the Participant’s attendance or participation in the Program and hereby releases ASD from any claims in relation thereto; and (ii) not to challenge the decision of ASD in relation to the Program or any other activity.
Happiness coaching sessions
These terms and conditions of the Participation Agreement are being executed between Antara Sen Dave (“ASD”), and the Participant whose name and details are specified in the attached registration form. These terms & conditions are an electronic record in the form of a binding agreement between the Parties. These terms & conditions do not require any physical, electronic or digital signature. These terms & conditions are a legally binding document and will be effective upon the Participant’s enrolment in the Program. These terms & conditions together with the registration form ("Agreement") constitute the entire agreement and shall fully govern your participation in the Program. The Participant hereby understands, agrees, represents and warrants as under that
A. Scope
- ASD is a trained social worker, a certified Happiness Coach and Mindfulness practitioner and through her services offers a connection time, and an accepting, warm, confidential space to air and share thoughts and concerns freely and openly without fear of being judged. ASD operates and conducts the following programs, sessions, workshops and conversation which are based out of Delhi NCR, India and limited to India:
- The Programs shall be conducted in person and/or through ASD’s online platform and/or through any such other online platform as designated by ASD in its sole discretion and the Participant shall have to be part of the Program through such online platform as specified by ASD.
B. Operation of the Program
- The dates, timings, length and scheduling of the Program and classes shall be as specified by ASD in its sole discretion. The dates, timings, length and scheduling of the Program and classes may be subject to change/modification/variation and the Participant shall be informed of the same.
- Participant should provide complete details along with their valid email id in the registration form. All communications to the Participant shall only be addressed to the relevant email id as specified on the Participant’s registration form. The email id/details as provided in the registration form shall only be change/altered in the event, the Participant specifically requests for the same in writing. Once changed on the written request of the Participant, all future communications shall be addressed to such new email id and all previous details/email id shall stand automatically superseded with the new details/email id.
- On the completion of the registration process to the satisfaction of ASD, the Participants shall receive initiation instructions through email on the email address as provided by the Participant in the registration form.
- ASD through its Programs does not provide crisis intervention or support, including but not limited to suicidal crises or any kind of help, assistance or guidance for any person with mental issues, suicidal, behavioural or personality issues. The Programs/Sessions of ASD are not to be construed or perceived as a suicide helpline, assistance, guidance service. In the event the Participant is suffering from any of the above issues, ASD recommends that the Participant should seek appropriate counselling and help from registered medical practitioners. ASD does not provide medical or psychiatric services. ASD Programs/Sessions are not for those participants who have severe mental health or mental trauma issues, and the Programs shall not provide a mental health diagnosis or prescribe medication or assist in medication management. The Users confirms and represents that they are not currently undergoing any psychiatric or other treatment which may conflict with the Programs provided by ASD. ASD reserves the right to refuse enrolment of a participant in the Program at its sole discretion without having to specify a reason for such refusal and shall not be liable for any losses or damages suffered by the participant as a consequence of such refusal to provide access to the Program
- All rights including but not limited to IPR in any oral conversation or written documentation of the Program are owned and/or have been licensed to ASD and are proprietary/confidential materials of ASD. Any and all materials of the Program which are shared with the Participants are for the sole and exclusive use of the Participant only. Participants shall not share, divulge, disclose or disseminate any materials of the Program including but not limited to the conversations, discussion, recordings, or allow friends or family members to participate or listen in to the Program and classes.
- Any and all decisions which may be taken by the Participant during and after the Program shall be solely attributable to the Participant itself and ASD shall not be liable for any consequence of such decisions of the Participant even if such decisions are taken as a result of or due to the Participant taking part in the Program.
- The Participant understands and agrees that ASD, the Program and the Participant’s enrollment and completion of the Program, in no manner whatsoever, guarantees, assures or promises any kind of personal and/or professional or personal growth, coaching opportunities or any other kind of personal, professional and business opportunities for the Participant.
- The Participant understands and agrees that during the Program the Participant may choose to explore and delve into personal behavioral patterns, personal and family matters, memories, or psychological issues. ASD shall not be liable in any manner whatsoever in the event the above activities cause any kind of harm, mental or physical distress to the Participant and the Participant hereby waives and relinquishes its right to initiate any action or file any claim against ASD in relation to the same.
- The Participant hereby releases, relinquishes, discharges and waives ASD, its group companies, its employees, officers and directors of and from any and all claims which the Participant may have against ASD arising out of or in relation to the Program and the Participant covenants not to claim, sue or file any legal proceedings including but not limited to civil or criminal proceedings against ASD, its group companies, its employees, officers and directors in relation to and/or in connection with the Program and/or the Participant’s participation in the Program.
- In the event the Participant suffers from any illness, abnormalities, diseases, medical/mental/physical conditions or disabilities, the Participant shall immediately inform ASD in relation to the same. The Participant further confirms that the Participant does not suffer from any physical or mental conditions or disabilities which may, or may be likely to, endanger the Participant’s health in any manner whatsoever as a result of participation in the Program. ASD shall not be in any manner responsible for any kind of harm/injury due to any kind of accidents that may be caused to the Participant during the Program including but not limited to any emotional, mental or physical stress, condition or illness.
- The Participant on its own behalf and on behalf of its legal representatives, heirs and executors hereby irrevocably agrees that they will not hold or seek to hold ASD or any of their affiliates or group companies, or any shareholders, officers or employees of any of the aforementioned companies responsible or liable for any injuries, harm, damage, psychological trauma, losses or damages of any kind whatsoever suffered or incurred by or caused to the Participant during the Program, howsoever arising in relation to the Participant ’s attendance or participation in the Program, and hereby waive and release ASD from any and all claims in relation to such liability.
- During the Program/Sessions, the Participant may be required to use and access certain third party platforms like zoom, razor pay, Microsoft outlook, other hosting sites or other such third party platforms. The Participant hereby agree, acknowledge and understand that (i) the terms and conditions of such third party platforms shall govern the Participant’s usage and access of such third party platforms; (ii) ASD shall have no control over such third party platforms and/or over their terms & conditions, policies or decisions; (iii) such third party platforms may save, store, process, use and share the Participant’s personal, financial or other kind of information/data which may be collected from the Participant during his/her usage and access to such third party platform; (iv) Such third party platforms shall be solely responsible for storing, accessing and processing such information and data collected from the Participant in accordance with the applicable laws; (v) ASD shall not in any manner liable for any acts, omissions and breaches of such third party platforms in relation to the information and data being collected by such third party platforms from the Participant.
C. Payment Terms
- In consideration of the Participant enrolling in ASD’s Program, the Participant shall pay the Program Fee to ASD. The payment of Program Fee shall be subject to deduction of all applicable statutory taxes and levies. The details of the Program Fee along with the plan chosen by the Participant shall be as specified in the Participant’s registration form. All payments must be made as agreed in the registration form.
- ASD shall not be liable for any kind of reduction or refund of the Program Fee in the event the Participant fails to follow the initiation instructions and/or fails to join the Program/Session. Only in extreme and special situations, in the event the Participant is not able to attend any part of the Program or any Session due to unavoidable/inevitable circumstances, the Participant shall be required to inform ASD in advance and in writing. In such an event ASD reserves the right and discretion to make best possible efforts to accommodate such reasonable requests of the Participant. Such consideration of the Participant’s request does not guarantee or assure any kind of adjustment or refund of the Program Fee.
- ASD in its sole discretion after considering all factors involved may choose to adjust or refund any part of the Program Fee if such request for cancellation have been made by the Participant atleast 48 hours in advance. However, notwithstanding anything herein contained, in the event the Participant has crossed and gone beyond a period of 30 days of the Program, the Participant shall not be entitled for any kind of refund of any amount of the Program Fee.
- In the event of any delay or failure to pay the Program Fee or any part/installment thereof, ASD shall have all of the following rights:
- a. To refuse and disallow the Participant from continuing with the Program;
- b. To suspend the terms of this Agreement with the Participant, thereby disallowing the Participant to further participate in the Program;
- c. To terminate the Participant’s enrollment in the Program;
- Notwithstanding anything herein contained, the Participant understands, acknowledges and agrees that the decision of any kind of refund, reduction or adjustment of the Program Fee in any type of situation shall solely be at the discretion of ASD and ASD shall have the final right to give or refuse any kind of refund, reduction or adjustment of the Program Fee.
- ASD shall have the sole and exclusive right and discretion to cancel or postpone the any Session/Program due to any reason whatsoever. In the event of cancellation or postponement of the Program, ASD will endeavor to inform the Participant before the commencement of the Program however the same is not guaranteed or assured and may vary due to unforeseen circumstances which may be beyond the control of ASD. In the event of such postponement or cancellation by ASD, the Program Fee of the Participant shall be refunded or adjusted as required. ASD shall not in any manner be liable for such postponement or cancellation of the Program including but not limited to any direct or indirect damages/losses, consequential damages/losses or any other costs or expenses.
- The Participant acknowledges that the conduct of the Program is subject to factors beyond the reasonable control of ASD, including Force Majeure conditions, and in the event of cancellation, rescheduling or change of venue/duration of the Program on account of any such factors, the Participant shall not be entitled to any reimbursement of any costs or charges whatsoever and shall not make any claims whatsoever against the ASD in relation to such cancellation or rescheduling of the Program.
D. Term and Termination
- This Participation Agreement shall come into force on execution and shall terminate on the Participant completing the Program unless terminated earlier in accordance with the terms of this Agreement (the “Term”).
- ASD, acting in its sole discretion, may terminate this Agreement with immediate effect with notice in writing if: (i) the Participant is in material breach of any of the terms of this Agreement and/or the present terms and conditions; and/or (ii) the Participant fails to adhere to or comply with any requests or instructions of ASD and/or fails to perform any of its obligations as specified hereunder.
E. General Provisions
- Intellectual Property Rights - For the purposes of these Terms and Conditions and this Participant Agreement, Intellectual Property/Intellectual Property Rights/IPR shall mean including but not limited to ownership of, and all rights, titles, and interests in, all materials shared with the Participant in relation to the Program, ASD’s proprietary information, trademarks, trade names, copyright, logos, art works, slogans, know-how, processes, methods, trade secrets, source codes, application developments, designs, drawings, plans, business plans or models, blue prints (whether or not registrable and whether or not design rights subsist in them), works in which copyright may subsist (including computer software and preparatory and course materials thereof), inventions (whether patentable or not, and whether or not patent protection has been applied for or granted) and all other intellectual property throughout the world, in perpetuity, for any use and for all languages, including but not limited to computer and human languages developed or created from time to time by or for ASD and/or its affiliates for the Participant.
- Ownership of IPR - The Participant agrees and acknowledges that all Intellectual Property Rights in the Program and all materials being shared with the Participant during the Program are sole and exclusively owned by ASD and/or have been licensed to ASD. ASD shall be the first and exclusive owner of all rights including but not limited to Intellectual Property Rights and copyright in the Program and Program materials for all purposes, for the entire universe, in all languages and in perpetuity. ASD, as first and exclusive owner, shall have the sole and exclusive right to exercise all rights comprised in copyright in the Program and Program materials in accordance with any/ all applicable laws.
- Indemnification: The Participant agrees to defend, indemnify and hold harmless ASD, its group companies, affiliates, officers, directors, employees and agents from and against any and all liability, for any and all claims and/or causes of action, damages, costs or judgments (including reasonable attorney’s fees) brought by or on behalf of any third party arising from or out of the Program and/or arising from or out of the breach of the provisions of this Agreement, or any claim which, would constitute such a breach of this Agreement by the Participant (including any breach of its representations or warranties), for any reason on account of any activity of the Participant in relation to the Program and pursuant to this Agreement, or the Participant ’s negligence or willful misconduct.
- Assignment: The obligations in this agreement are personal to the Participant and the Participant shall not assign, transfer, sub-contract or in any other manner transfer to another party the benefit or burden of this Agreement.
- Dispute Resolution: All doubts, differences, disputes, controversy or claims arising from, out of or in connection with this Agreement, or in the interpretation thereof shall be first settled through negotiation/conciliation between the Parties. If such negotiations do not lead to a settlement within 15 days of notifying the dispute in writing, it shall be finally resolved by arbitration by a sole arbitrator (to be mutually nominated by the Parties) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended) failing which such sole arbitrator shall be appointed in terms of the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be New Delhi. The arbitration shall be conducted in the English language. Subject to the above dispute resolution mechanism, this Agreement shall be governed by Indian law and will be subject to the sole and exclusive jurisdiction of the Courts at New Delhi.
- Confidentiality and Non-Disclosure: The Participant hereby undertakes not to use, disclose, publish, reveal or make public, either directly or indirectly, except with the prior written consent of ASD, any Confidential Information pertaining to the covenants of this Agreement, this present terms and conditions and/or the Program and Program materials and/or ASD. ASD shall be the sole and exclusive owner of all Confidential Information. Confidential Information shall mean and include but shall not be limited to (i) any information related to ASD (ii) the terms and conditions of this Agreement (iii) any information or data shared with the Participant in relation to the Program (iv) any information related to the Program. The Participant expressly agrees and acknowledges that it shall not make any public statement or press statement or provide any interviews to the media in connection with the Confidential Information and that it shall not authorize, encourage or permit third parties to make any public statements or issue or create any photographs, recordings, social media materials, writing, press materials or any other materials of any kind concerning ASD or the Program without obtaining the prior written consent of ASD, which consent may be withheld at its sole discretion. This Clause and the confidential obligations shall survive the termination and/or expiry of this Agreement.
- No Publicity: The Participant understands and acknowledges the Participant’s confidentiality obligations and publicity obligations hereunder shall apply to any/all media whatsoever, including without limitation, any social networking site, micro-blogging service, user generated or user content website, online forum, discussion thread or comment section, personal website or blog, user modified website (“wiki”), or any other website, service, platform, program, application or other form or method of communication, whether now known or herein devised. Notwithstanding the foregoing, the Participant understands and acknowledges that the Participant shall not make disclosures prohibited hereunder via Instagram, Facebook, Twitter, YouTube or any similar website or service without the prior written approval of ASD.
- Non-Disparagement: The Participant agrees that, during the Term of this Agreement and thereafter, the Participant shall not, make any written or oral communication, with the press or in any other form of the visual or print media including but not limited to social media platforms, or to third party, thereby ridiculing or making any statement or taking (or omitting to take) any action that is disparaging or is derogatory of the Program, ASD or its affiliates or any of their personnel.
- Data Protection: The Participant consents to ASD holding and processing data relating to the Participant for legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" relating to the Participant as per the applicable laws. ASD shall in no manner whatsoever be liable or responsible for any kind of data breach, or any illegal dissemination of any data of the Participant if such breach or illegal dissemination of such Participant data is due to reasons beyond the control of ASD and/or for which ASD has undertaken all reasonable protections and safeguards. The Participant is fully aware and conscious of the above and has out of its own free will consented and agreed to share all its data and information with ASD.
- Force Majeure: The failure by a Party to fulfill any of its obligations under this Participant Agreement and terms and conditions shall not be considered to be a breach of, or a default insofar as the inability arises from an event of Force Majeure (which shall include without limitation Acts of God, natural calamities, rains, bad weather conditions, terrorist strikes, acts of rioting and violence, public disorder, outbreak of pandemics, government imposed lockdowns/shutdowns, rules/decisions/directives of government and quasi-governmental bodies, court/arbitrator/tribunal orders, legal compliances, civic agencies etc).
- Waiver: By this document the Participant hereby agrees to be bound by the terms and conditions as stated above. By counter-signing this document the Participant hereby confirms that the undertakings provided by the Participant hereinabove are true and accurate and consents and agrees (i) to the Participant attending and participating in the Program, on the terms and conditions set out above and not to hold or seek to hold ASD responsible or liable for any injuries, harm, damage, mental, physical or emotional stress/complications/conditions, psychological trauma, losses or damages of any kind whatsoever suffered or incurred by or caused to the Participant howsoever arising in relation to the Participant’s attendance or participation in the Program and hereby releases ASD from any claims in relation thereto; and (ii) not to challenge the decision of ASD in relation to the Program or any other activity.
Mindfulness journey
These terms and conditions of the Participation Agreement are being executed between Antara Sen Dave (“ASD”), and the Participant whose name and details are specified in the attached registration form. These terms & conditions are an electronic record in the form of a binding agreement between the Parties. These terms & conditions do not require any physical, electronic or digital signature. These terms & conditions are a legally binding document and will be effective upon the Participant’s enrolment in the Program. These terms & conditions together with the registration form ("Agreement") constitute the entire agreement and shall fully govern your participation in the Program. The Participant hereby understands, agrees, represents and warrants as under that
A. Scope
- ASD is a trained social worker, a certified Happiness Coach and Mindfulness practitioner and through her services offers a connection time, and an accepting, warm, confidential space to air and share thoughts and concerns freely and openly without fear of being judged. ASD operates and conducts the following programs, sessions, workshops and conversation which are based out of Delhi NCR, India and limited to India:
- The Programs shall be conducted in person and/or through ASD’s online platform and/or through any such other online platform as designated by ASD in its sole discretion and the Participant shall have to be part of the Program through such online platform as specified by ASD.
B. Operation of the Program
- The dates, timings, length and scheduling of the Program and classes shall be as specified by ASD in its sole discretion. The dates, timings, length and scheduling of the Program and classes may be subject to change/modification/variation and the Participant shall be informed of the same.
- Participant should provide complete details along with their valid email id in the registration form. All communications to the Participant shall only be addressed to the relevant email id as specified on the Participant’s registration form. The email id/details as provided in the registration form shall only be change/altered in the event, the Participant specifically requests for the same in writing. Once changed on the written request of the Participant, all future communications shall be addressed to such new email id and all previous details/email id shall stand automatically superseded with the new details/email id.
- On the completion of the registration process to the satisfaction of ASD, the Participants shall receive initiation instructions through email on the email address as provided by the Participant in the registration form.
- ASD through its Programs does not provide crisis intervention or support, including but not limited to suicidal crises or any kind of help, assistance or guidance for any person with mental issues, suicidal, behavioural or personality issues. The Programs/Sessions of ASD are not to be construed or perceived as a suicide helpline, assistance, guidance service. In the event the Participant is suffering from any of the above issues, ASD recommends that the Participant should seek appropriate counselling and help from registered medical practitioners. ASD does not provide medical or psychiatric services. ASD Programs/Sessions are not for those participants who have severe mental health or mental trauma issues, and the Programs shall not provide a mental health diagnosis or prescribe medication or assist in medication management. The Users confirms and represents that they are not currently undergoing any psychiatric or other treatment which may conflict with the Programs provided by ASD. ASD reserves the right to refuse enrolment of a participant in the Program at its sole discretion without having to specify a reason for such refusal and shall not be liable for any losses or damages suffered by the participant as a consequence of such refusal to provide access to the Program
- All rights including but not limited to IPR in any oral conversation or written documentation of the Program are owned and/or have been licensed to ASD and are proprietary/confidential materials of ASD. Any and all materials of the Program which are shared with the Participants are for the sole and exclusive use of the Participant only. Participants shall not share, divulge, disclose or disseminate any materials of the Program including but not limited to the conversations, discussion, recordings, or allow friends or family members to participate or listen in to the Program and classes.
- Any and all decisions which may be taken by the Participant during and after the Program shall be solely attributable to the Participant itself and ASD shall not be liable for any consequence of such decisions of the Participant even if such decisions are taken as a result of or due to the Participant taking part in the Program.
- The Participant understands and agrees that ASD, the Program and the Participant’s enrollment and completion of the Program, in no manner whatsoever, guarantees, assures or promises any kind of personal and/or professional or personal growth, coaching opportunities or any other kind of personal, professional and business opportunities for the Participant.
- The Participant understands and agrees that during the Program the Participant may choose to explore and delve into personal behavioral patterns, personal and family matters, memories, or psychological issues. ASD shall not be liable in any manner whatsoever in the event the above activities cause any kind of harm, mental or physical distress to the Participant and the Participant hereby waives and relinquishes its right to initiate any action or file any claim against ASD in relation to the same.
- The Participant hereby releases, relinquishes, discharges and waives ASD, its group companies, its employees, officers and directors of and from any and all claims which the Participant may have against ASD arising out of or in relation to the Program and the Participant covenants not to claim, sue or file any legal proceedings including but not limited to civil or criminal proceedings against ASD, its group companies, its employees, officers and directors in relation to and/or in connection with the Program and/or the Participant’s participation in the Program.
- In the event the Participant suffers from any illness, abnormalities, diseases, medical/mental/physical conditions or disabilities, the Participant shall immediately inform ASD in relation to the same. The Participant further confirms that the Participant does not suffer from any physical or mental conditions or disabilities which may, or may be likely to, endanger the Participant’s health in any manner whatsoever as a result of participation in the Program. ASD shall not be in any manner responsible for any kind of harm/injury due to any kind of accidents that may be caused to the Participant during the Program including but not limited to any emotional, mental or physical stress, condition or illness.
- The Participant on its own behalf and on behalf of its legal representatives, heirs and executors hereby irrevocably agrees that they will not hold or seek to hold ASD or any of their affiliates or group companies, or any shareholders, officers or employees of any of the aforementioned companies responsible or liable for any injuries, harm, damage, psychological trauma, losses or damages of any kind whatsoever suffered or incurred by or caused to the Participant during the Program, howsoever arising in relation to the Participant ’s attendance or participation in the Program, and hereby waive and release ASD from any and all claims in relation to such liability.
- During the Program/Sessions, the Participant may be required to use and access certain third party platforms like zoom, razor pay, Microsoft outlook, other hosting sites or other such third party platforms. The Participant hereby agree, acknowledge and understand that (i) the terms and conditions of such third party platforms shall govern the Participant’s usage and access of such third party platforms; (ii) ASD shall have no control over such third party platforms and/or over their terms & conditions, policies or decisions; (iii) such third party platforms may save, store, process, use and share the Participant’s personal, financial or other kind of information/data which may be collected from the Participant during his/her usage and access to such third party platform; (iv) Such third party platforms shall be solely responsible for storing, accessing and processing such information and data collected from the Participant in accordance with the applicable laws; (v) ASD shall not in any manner liable for any acts, omissions and breaches of such third party platforms in relation to the information and data being collected by such third party platforms from the Participant.
C. Payment Terms
- In consideration of the Participant enrolling in ASD’s Program, the Participant shall pay the Program Fee to ASD. The payment of Program Fee shall be subject to deduction of all applicable statutory taxes and levies. The details of the Program Fee along with the plan chosen by the Participant shall be as specified in the Participant’s registration form. All payments must be made as agreed in the registration form.
- ASD shall not be liable for any kind of reduction or refund of the Program Fee in the event the Participant fails to follow the initiation instructions and/or fails to join the Program/Session. Only in extreme and special situations, in the event the Participant is not able to attend any part of the Program or any Session due to unavoidable/inevitable circumstances, the Participant shall be required to inform ASD in advance and in writing. In such an event ASD reserves the right and discretion to make best possible efforts to accommodate such reasonable requests of the Participant. Such consideration of the Participant’s request does not guarantee or assure any kind of adjustment or refund of the Program Fee.
- ASD in its sole discretion after considering all factors involved may choose to adjust or refund any part of the Program Fee if such request for cancellation have been made by the Participant atleast 48 hours in advance. However, notwithstanding anything herein contained, in the event the Participant has crossed and gone beyond a period of 30 days of the Program, the Participant shall not be entitled for any kind of refund of any amount of the Program Fee.
- In the event of any delay or failure to pay the Program Fee or any part/installment thereof, ASD shall have all of the following rights:
- a. To refuse and disallow the Participant from continuing with the Program;
- b. To suspend the terms of this Agreement with the Participant, thereby disallowing the Participant to further participate in the Program;
- c. To terminate the Participant’s enrollment in the Program;
- Notwithstanding anything herein contained, the Participant understands, acknowledges and agrees that the decision of any kind of refund, reduction or adjustment of the Program Fee in any type of situation shall solely be at the discretion of ASD and ASD shall have the final right to give or refuse any kind of refund, reduction or adjustment of the Program Fee.
- ASD shall have the sole and exclusive right and discretion to cancel or postpone the any Session/Program due to any reason whatsoever. In the event of cancellation or postponement of the Program, ASD will endeavor to inform the Participant before the commencement of the Program however the same is not guaranteed or assured and may vary due to unforeseen circumstances which may be beyond the control of ASD. In the event of such postponement or cancellation by ASD, the Program Fee of the Participant shall be refunded or adjusted as required. ASD shall not in any manner be liable for such postponement or cancellation of the Program including but not limited to any direct or indirect damages/losses, consequential damages/losses or any other costs or expenses.
- The Participant acknowledges that the conduct of the Program is subject to factors beyond the reasonable control of ASD, including Force Majeure conditions, and in the event of cancellation, rescheduling or change of venue/duration of the Program on account of any such factors, the Participant shall not be entitled to any reimbursement of any costs or charges whatsoever and shall not make any claims whatsoever against the ASD in relation to such cancellation or rescheduling of the Program.
D. Term and Termination
- This Participation Agreement shall come into force on execution and shall terminate on the Participant completing the Program unless terminated earlier in accordance with the terms of this Agreement (the “Term”).
- ASD, acting in its sole discretion, may terminate this Agreement with immediate effect with notice in writing if: (i) the Participant is in material breach of any of the terms of this Agreement and/or the present terms and conditions; and/or (ii) the Participant fails to adhere to or comply with any requests or instructions of ASD and/or fails to perform any of its obligations as specified hereunder.
E. General Provisions
- Intellectual Property Rights - For the purposes of these Terms and Conditions and this Participant Agreement, Intellectual Property/Intellectual Property Rights/IPR shall mean including but not limited to ownership of, and all rights, titles, and interests in, all materials shared with the Participant in relation to the Program, ASD’s proprietary information, trademarks, trade names, copyright, logos, art works, slogans, know-how, processes, methods, trade secrets, source codes, application developments, designs, drawings, plans, business plans or models, blue prints (whether or not registrable and whether or not design rights subsist in them), works in which copyright may subsist (including computer software and preparatory and course materials thereof), inventions (whether patentable or not, and whether or not patent protection has been applied for or granted) and all other intellectual property throughout the world, in perpetuity, for any use and for all languages, including but not limited to computer and human languages developed or created from time to time by or for ASD and/or its affiliates for the Participant.
- Ownership of IPR - The Participant agrees and acknowledges that all Intellectual Property Rights in the Program and all materials being shared with the Participant during the Program are sole and exclusively owned by ASD and/or have been licensed to ASD. ASD shall be the first and exclusive owner of all rights including but not limited to Intellectual Property Rights and copyright in the Program and Program materials for all purposes, for the entire universe, in all languages and in perpetuity. ASD, as first and exclusive owner, shall have the sole and exclusive right to exercise all rights comprised in copyright in the Program and Program materials in accordance with any/ all applicable laws.
- Indemnification: The Participant agrees to defend, indemnify and hold harmless ASD, its group companies, affiliates, officers, directors, employees and agents from and against any and all liability, for any and all claims and/or causes of action, damages, costs or judgments (including reasonable attorney’s fees) brought by or on behalf of any third party arising from or out of the Program and/or arising from or out of the breach of the provisions of this Agreement, or any claim which, would constitute such a breach of this Agreement by the Participant (including any breach of its representations or warranties), for any reason on account of any activity of the Participant in relation to the Program and pursuant to this Agreement, or the Participant ’s negligence or willful misconduct.
- Assignment: The obligations in this agreement are personal to the Participant and the Participant shall not assign, transfer, sub-contract or in any other manner transfer to another party the benefit or burden of this Agreement.
- Dispute Resolution: All doubts, differences, disputes, controversy or claims arising from, out of or in connection with this Agreement, or in the interpretation thereof shall be first settled through negotiation/conciliation between the Parties. If such negotiations do not lead to a settlement within 15 days of notifying the dispute in writing, it shall be finally resolved by arbitration by a sole arbitrator (to be mutually nominated by the Parties) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended) failing which such sole arbitrator shall be appointed in terms of the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be New Delhi. The arbitration shall be conducted in the English language. Subject to the above dispute resolution mechanism, this Agreement shall be governed by Indian law and will be subject to the sole and exclusive jurisdiction of the Courts at New Delhi.
- Confidentiality and Non-Disclosure: The Participant hereby undertakes not to use, disclose, publish, reveal or make public, either directly or indirectly, except with the prior written consent of ASD, any Confidential Information pertaining to the covenants of this Agreement, this present terms and conditions and/or the Program and Program materials and/or ASD. ASD shall be the sole and exclusive owner of all Confidential Information. Confidential Information shall mean and include but shall not be limited to (i) any information related to ASD (ii) the terms and conditions of this Agreement (iii) any information or data shared with the Participant in relation to the Program (iv) any information related to the Program. The Participant expressly agrees and acknowledges that it shall not make any public statement or press statement or provide any interviews to the media in connection with the Confidential Information and that it shall not authorize, encourage or permit third parties to make any public statements or issue or create any photographs, recordings, social media materials, writing, press materials or any other materials of any kind concerning ASD or the Program without obtaining the prior written consent of ASD, which consent may be withheld at its sole discretion. This Clause and the confidential obligations shall survive the termination and/or expiry of this Agreement.
- No Publicity: The Participant understands and acknowledges the Participant’s confidentiality obligations and publicity obligations hereunder shall apply to any/all media whatsoever, including without limitation, any social networking site, micro-blogging service, user generated or user content website, online forum, discussion thread or comment section, personal website or blog, user modified website (“wiki”), or any other website, service, platform, program, application or other form or method of communication, whether now known or herein devised. Notwithstanding the foregoing, the Participant understands and acknowledges that the Participant shall not make disclosures prohibited hereunder via Instagram, Facebook, Twitter, YouTube or any similar website or service without the prior written approval of ASD.
- Non-Disparagement: The Participant agrees that, during the Term of this Agreement and thereafter, the Participant shall not, make any written or oral communication, with the press or in any other form of the visual or print media including but not limited to social media platforms, or to third party, thereby ridiculing or making any statement or taking (or omitting to take) any action that is disparaging or is derogatory of the Program, ASD or its affiliates or any of their personnel.
- Data Protection: The Participant consents to ASD holding and processing data relating to the Participant for legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" relating to the Participant as per the applicable laws. ASD shall in no manner whatsoever be liable or responsible for any kind of data breach, or any illegal dissemination of any data of the Participant if such breach or illegal dissemination of such Participant data is due to reasons beyond the control of ASD and/or for which ASD has undertaken all reasonable protections and safeguards. The Participant is fully aware and conscious of the above and has out of its own free will consented and agreed to share all its data and information with ASD.
- Force Majeure: The failure by a Party to fulfill any of its obligations under this Participant Agreement and terms and conditions shall not be considered to be a breach of, or a default insofar as the inability arises from an event of Force Majeure (which shall include without limitation Acts of God, natural calamities, rains, bad weather conditions, terrorist strikes, acts of rioting and violence, public disorder, outbreak of pandemics, government imposed lockdowns/shutdowns, rules/decisions/directives of government and quasi-governmental bodies, court/arbitrator/tribunal orders, legal compliances, civic agencies etc).
- Waiver: By this document the Participant hereby agrees to be bound by the terms and conditions as stated above. By counter-signing this document the Participant hereby confirms that the undertakings provided by the Participant hereinabove are true and accurate and consents and agrees (i) to the Participant attending and participating in the Program, on the terms and conditions set out above and not to hold or seek to hold ASD responsible or liable for any injuries, harm, damage, mental, physical or emotional stress/complications/conditions, psychological trauma, losses or damages of any kind whatsoever suffered or incurred by or caused to the Participant howsoever arising in relation to the Participant’s attendance or participation in the Program and hereby releases ASD from any claims in relation thereto; and (ii) not to challenge the decision of ASD in relation to the Program or any other activity.
Request form
These terms and conditions of the Participation Agreement are being executed between Antara Sen Dave (“ASD”), and the Participant whose name and details are specified in the attached registration form. These terms & conditions are an electronic record in the form of a binding agreement between the Parties. These terms & conditions do not require any physical, electronic or digital signature. These terms & conditions are a legally binding document and will be effective upon the Participant’s enrolment in the Program. These terms & conditions together with the registration form ("Agreement") constitute the entire agreement and shall fully govern your participation in the Program. The Participant hereby understands, agrees, represents and warrants as under that
A. Scope
- ASD is a trained social worker, a certified Happiness Coach and Mindfulness practitioner and through her services offers a connection time, and an accepting, warm, confidential space to air and share thoughts and concerns freely and openly without fear of being judged. ASD operates and conducts the following programs, sessions, workshops and conversation which are based out of Delhi NCR, India and limited to India:
- The Programs shall be conducted in person and/or through ASD’s online platform and/or through any such other online platform as designated by ASD in its sole discretion and the Participant shall have to be part of the Program through such online platform as specified by ASD.
B. Operation of the Program
- The dates, timings, length and scheduling of the Program and classes shall be as specified by ASD in its sole discretion. The dates, timings, length and scheduling of the Program and classes may be subject to change/modification/variation and the Participant shall be informed of the same.
- Participant should provide complete details along with their valid email id in the registration form. All communications to the Participant shall only be addressed to the relevant email id as specified on the Participant’s registration form. The email id/details as provided in the registration form shall only be change/altered in the event, the Participant specifically requests for the same in writing. Once changed on the written request of the Participant, all future communications shall be addressed to such new email id and all previous details/email id shall stand automatically superseded with the new details/email id.
- On the completion of the registration process to the satisfaction of ASD, the Participants shall receive initiation instructions through email on the email address as provided by the Participant in the registration form.
- ASD through its Programs does not provide crisis intervention or support, including but not limited to suicidal crises or any kind of help, assistance or guidance for any person with mental issues, suicidal, behavioural or personality issues. The Programs/Sessions of ASD are not to be construed or perceived as a suicide helpline, assistance, guidance service. In the event the Participant is suffering from any of the above issues, ASD recommends that the Participant should seek appropriate counselling and help from registered medical practitioners. ASD does not provide medical or psychiatric services. ASD Programs/Sessions are not for those participants who have severe mental health or mental trauma issues, and the Programs shall not provide a mental health diagnosis or prescribe medication or assist in medication management. The Users confirms and represents that they are not currently undergoing any psychiatric or other treatment which may conflict with the Programs provided by ASD. ASD reserves the right to refuse enrolment of a participant in the Program at its sole discretion without having to specify a reason for such refusal and shall not be liable for any losses or damages suffered by the participant as a consequence of such refusal to provide access to the Program
- All rights including but not limited to IPR in any oral conversation or written documentation of the Program are owned and/or have been licensed to ASD and are proprietary/confidential materials of ASD. Any and all materials of the Program which are shared with the Participants are for the sole and exclusive use of the Participant only. Participants shall not share, divulge, disclose or disseminate any materials of the Program including but not limited to the conversations, discussion, recordings, or allow friends or family members to participate or listen in to the Program and classes.
- Any and all decisions which may be taken by the Participant during and after the Program shall be solely attributable to the Participant itself and ASD shall not be liable for any consequence of such decisions of the Participant even if such decisions are taken as a result of or due to the Participant taking part in the Program.
- The Participant understands and agrees that ASD, the Program and the Participant’s enrollment and completion of the Program, in no manner whatsoever, guarantees, assures or promises any kind of personal and/or professional or personal growth, coaching opportunities or any other kind of personal, professional and business opportunities for the Participant.
- The Participant understands and agrees that during the Program the Participant may choose to explore and delve into personal behavioral patterns, personal and family matters, memories, or psychological issues. ASD shall not be liable in any manner whatsoever in the event the above activities cause any kind of harm, mental or physical distress to the Participant and the Participant hereby waives and relinquishes its right to initiate any action or file any claim against ASD in relation to the same.
- The Participant hereby releases, relinquishes, discharges and waives ASD, its group companies, its employees, officers and directors of and from any and all claims which the Participant may have against ASD arising out of or in relation to the Program and the Participant covenants not to claim, sue or file any legal proceedings including but not limited to civil or criminal proceedings against ASD, its group companies, its employees, officers and directors in relation to and/or in connection with the Program and/or the Participant’s participation in the Program.
- In the event the Participant suffers from any illness, abnormalities, diseases, medical/mental/physical conditions or disabilities, the Participant shall immediately inform ASD in relation to the same. The Participant further confirms that the Participant does not suffer from any physical or mental conditions or disabilities which may, or may be likely to, endanger the Participant’s health in any manner whatsoever as a result of participation in the Program. ASD shall not be in any manner responsible for any kind of harm/injury due to any kind of accidents that may be caused to the Participant during the Program including but not limited to any emotional, mental or physical stress, condition or illness.
- The Participant on its own behalf and on behalf of its legal representatives, heirs and executors hereby irrevocably agrees that they will not hold or seek to hold ASD or any of their affiliates or group companies, or any shareholders, officers or employees of any of the aforementioned companies responsible or liable for any injuries, harm, damage, psychological trauma, losses or damages of any kind whatsoever suffered or incurred by or caused to the Participant during the Program, howsoever arising in relation to the Participant ’s attendance or participation in the Program, and hereby waive and release ASD from any and all claims in relation to such liability.
- During the Program/Sessions, the Participant may be required to use and access certain third party platforms like zoom, razor pay, Microsoft outlook, other hosting sites or other such third party platforms. The Participant hereby agree, acknowledge and understand that (i) the terms and conditions of such third party platforms shall govern the Participant’s usage and access of such third party platforms; (ii) ASD shall have no control over such third party platforms and/or over their terms & conditions, policies or decisions; (iii) such third party platforms may save, store, process, use and share the Participant’s personal, financial or other kind of information/data which may be collected from the Participant during his/her usage and access to such third party platform; (iv) Such third party platforms shall be solely responsible for storing, accessing and processing such information and data collected from the Participant in accordance with the applicable laws; (v) ASD shall not in any manner liable for any acts, omissions and breaches of such third party platforms in relation to the information and data being collected by such third party platforms from the Participant.
C. Payment Terms
- In consideration of the Participant enrolling in ASD’s Program, the Participant shall pay the Program Fee to ASD. The payment of Program Fee shall be subject to deduction of all applicable statutory taxes and levies. The details of the Program Fee along with the plan chosen by the Participant shall be as specified in the Participant’s registration form. All payments must be made as agreed in the registration form.
- ASD shall not be liable for any kind of reduction or refund of the Program Fee in the event the Participant fails to follow the initiation instructions and/or fails to join the Program/Session. Only in extreme and special situations, in the event the Participant is not able to attend any part of the Program or any Session due to unavoidable/inevitable circumstances, the Participant shall be required to inform ASD in advance and in writing. In such an event ASD reserves the right and discretion to make best possible efforts to accommodate such reasonable requests of the Participant. Such consideration of the Participant’s request does not guarantee or assure any kind of adjustment or refund of the Program Fee.
- ASD in its sole discretion after considering all factors involved may choose to adjust or refund any part of the Program Fee if such request for cancellation have been made by the Participant atleast 48 hours in advance. However, notwithstanding anything herein contained, in the event the Participant has crossed and gone beyond a period of 30 days of the Program, the Participant shall not be entitled for any kind of refund of any amount of the Program Fee.
- In the event of any delay or failure to pay the Program Fee or any part/installment thereof, ASD shall have all of the following rights:
- a. To refuse and disallow the Participant from continuing with the Program;
- b. To suspend the terms of this Agreement with the Participant, thereby disallowing the Participant to further participate in the Program;
- c. To terminate the Participant’s enrollment in the Program;
- Notwithstanding anything herein contained, the Participant understands, acknowledges and agrees that the decision of any kind of refund, reduction or adjustment of the Program Fee in any type of situation shall solely be at the discretion of ASD and ASD shall have the final right to give or refuse any kind of refund, reduction or adjustment of the Program Fee.
- ASD shall have the sole and exclusive right and discretion to cancel or postpone the any Session/Program due to any reason whatsoever. In the event of cancellation or postponement of the Program, ASD will endeavor to inform the Participant before the commencement of the Program however the same is not guaranteed or assured and may vary due to unforeseen circumstances which may be beyond the control of ASD. In the event of such postponement or cancellation by ASD, the Program Fee of the Participant shall be refunded or adjusted as required. ASD shall not in any manner be liable for such postponement or cancellation of the Program including but not limited to any direct or indirect damages/losses, consequential damages/losses or any other costs or expenses.
- The Participant acknowledges that the conduct of the Program is subject to factors beyond the reasonable control of ASD, including Force Majeure conditions, and in the event of cancellation, rescheduling or change of venue/duration of the Program on account of any such factors, the Participant shall not be entitled to any reimbursement of any costs or charges whatsoever and shall not make any claims whatsoever against the ASD in relation to such cancellation or rescheduling of the Program.
D. Term and Termination
- This Participation Agreement shall come into force on execution and shall terminate on the Participant completing the Program unless terminated earlier in accordance with the terms of this Agreement (the “Term”).
- ASD, acting in its sole discretion, may terminate this Agreement with immediate effect with notice in writing if: (i) the Participant is in material breach of any of the terms of this Agreement and/or the present terms and conditions; and/or (ii) the Participant fails to adhere to or comply with any requests or instructions of ASD and/or fails to perform any of its obligations as specified hereunder.
E. General Provisions
- Intellectual Property Rights - For the purposes of these Terms and Conditions and this Participant Agreement, Intellectual Property/Intellectual Property Rights/IPR shall mean including but not limited to ownership of, and all rights, titles, and interests in, all materials shared with the Participant in relation to the Program, ASD’s proprietary information, trademarks, trade names, copyright, logos, art works, slogans, know-how, processes, methods, trade secrets, source codes, application developments, designs, drawings, plans, business plans or models, blue prints (whether or not registrable and whether or not design rights subsist in them), works in which copyright may subsist (including computer software and preparatory and course materials thereof), inventions (whether patentable or not, and whether or not patent protection has been applied for or granted) and all other intellectual property throughout the world, in perpetuity, for any use and for all languages, including but not limited to computer and human languages developed or created from time to time by or for ASD and/or its affiliates for the Participant.
- Ownership of IPR - The Participant agrees and acknowledges that all Intellectual Property Rights in the Program and all materials being shared with the Participant during the Program are sole and exclusively owned by ASD and/or have been licensed to ASD. ASD shall be the first and exclusive owner of all rights including but not limited to Intellectual Property Rights and copyright in the Program and Program materials for all purposes, for the entire universe, in all languages and in perpetuity. ASD, as first and exclusive owner, shall have the sole and exclusive right to exercise all rights comprised in copyright in the Program and Program materials in accordance with any/ all applicable laws.
- Indemnification: The Participant agrees to defend, indemnify and hold harmless ASD, its group companies, affiliates, officers, directors, employees and agents from and against any and all liability, for any and all claims and/or causes of action, damages, costs or judgments (including reasonable attorney’s fees) brought by or on behalf of any third party arising from or out of the Program and/or arising from or out of the breach of the provisions of this Agreement, or any claim which, would constitute such a breach of this Agreement by the Participant (including any breach of its representations or warranties), for any reason on account of any activity of the Participant in relation to the Program and pursuant to this Agreement, or the Participant ’s negligence or willful misconduct.
- Assignment: The obligations in this agreement are personal to the Participant and the Participant shall not assign, transfer, sub-contract or in any other manner transfer to another party the benefit or burden of this Agreement.
- Dispute Resolution: All doubts, differences, disputes, controversy or claims arising from, out of or in connection with this Agreement, or in the interpretation thereof shall be first settled through negotiation/conciliation between the Parties. If such negotiations do not lead to a settlement within 15 days of notifying the dispute in writing, it shall be finally resolved by arbitration by a sole arbitrator (to be mutually nominated by the Parties) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended) failing which such sole arbitrator shall be appointed in terms of the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be New Delhi. The arbitration shall be conducted in the English language. Subject to the above dispute resolution mechanism, this Agreement shall be governed by Indian law and will be subject to the sole and exclusive jurisdiction of the Courts at New Delhi.
- Confidentiality and Non-Disclosure: The Participant hereby undertakes not to use, disclose, publish, reveal or make public, either directly or indirectly, except with the prior written consent of ASD, any Confidential Information pertaining to the covenants of this Agreement, this present terms and conditions and/or the Program and Program materials and/or ASD. ASD shall be the sole and exclusive owner of all Confidential Information. Confidential Information shall mean and include but shall not be limited to (i) any information related to ASD (ii) the terms and conditions of this Agreement (iii) any information or data shared with the Participant in relation to the Program (iv) any information related to the Program. The Participant expressly agrees and acknowledges that it shall not make any public statement or press statement or provide any interviews to the media in connection with the Confidential Information and that it shall not authorize, encourage or permit third parties to make any public statements or issue or create any photographs, recordings, social media materials, writing, press materials or any other materials of any kind concerning ASD or the Program without obtaining the prior written consent of ASD, which consent may be withheld at its sole discretion. This Clause and the confidential obligations shall survive the termination and/or expiry of this Agreement.
- No Publicity: The Participant understands and acknowledges the Participant’s confidentiality obligations and publicity obligations hereunder shall apply to any/all media whatsoever, including without limitation, any social networking site, micro-blogging service, user generated or user content website, online forum, discussion thread or comment section, personal website or blog, user modified website (“wiki”), or any other website, service, platform, program, application or other form or method of communication, whether now known or herein devised. Notwithstanding the foregoing, the Participant understands and acknowledges that the Participant shall not make disclosures prohibited hereunder via Instagram, Facebook, Twitter, YouTube or any similar website or service without the prior written approval of ASD.
- Non-Disparagement: The Participant agrees that, during the Term of this Agreement and thereafter, the Participant shall not, make any written or oral communication, with the press or in any other form of the visual or print media including but not limited to social media platforms, or to third party, thereby ridiculing or making any statement or taking (or omitting to take) any action that is disparaging or is derogatory of the Program, ASD or its affiliates or any of their personnel.
- Data Protection: The Participant consents to ASD holding and processing data relating to the Participant for legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" relating to the Participant as per the applicable laws. ASD shall in no manner whatsoever be liable or responsible for any kind of data breach, or any illegal dissemination of any data of the Participant if such breach or illegal dissemination of such Participant data is due to reasons beyond the control of ASD and/or for which ASD has undertaken all reasonable protections and safeguards. The Participant is fully aware and conscious of the above and has out of its own free will consented and agreed to share all its data and information with ASD.
- Force Majeure: The failure by a Party to fulfill any of its obligations under this Participant Agreement and terms and conditions shall not be considered to be a breach of, or a default insofar as the inability arises from an event of Force Majeure (which shall include without limitation Acts of God, natural calamities, rains, bad weather conditions, terrorist strikes, acts of rioting and violence, public disorder, outbreak of pandemics, government imposed lockdowns/shutdowns, rules/decisions/directives of government and quasi-governmental bodies, court/arbitrator/tribunal orders, legal compliances, civic agencies etc).
- Waiver: By this document the Participant hereby agrees to be bound by the terms and conditions as stated above. By counter-signing this document the Participant hereby confirms that the undertakings provided by the Participant hereinabove are true and accurate and consents and agrees (i) to the Participant attending and participating in the Program, on the terms and conditions set out above and not to hold or seek to hold ASD responsible or liable for any injuries, harm, damage, mental, physical or emotional stress/complications/conditions, psychological trauma, losses or damages of any kind whatsoever suffered or incurred by or caused to the Participant howsoever arising in relation to the Participant’s attendance or participation in the Program and hereby releases ASD from any claims in relation thereto; and (ii) not to challenge the decision of ASD in relation to the Program or any other activity.