Astha dance (hereafter referred to as “Website/Web App” ) is an online platform for the learning of Kathak which is a part of the traditional Indian Classical Dance system. It is a sole-proprietorship and this website is used to engage with the teacher or guru in the field of dance for the purpose of learning. The videos are all stand-alone instructional forms of video that can be viewed on your phone, tablet, PC, and/or downloaded onto your phone/tablet/PC.
There are certain terms and conditions that govern the use of this website/Web app.
The "user" shall mean or include the user himself and/or any person authorized to use the website/Web app on his/her behalf.
Please read the terms and conditions of this website/Web app carefully before accessing and/or using this website/Web app. By accessing this website/Web app, the user is accepting to be bound by the terms and conditions of its use. The terms and conditions of use for this website/Web app are subject to change and/or modifications by the Company at any time at its discretion and the website/Web app will have no obligation to inform the user about the change or modifications. The use of this website/Web app after such changes/modifications in the terms and conditions are implemented constitutes acknowledgment and acceptance by the user of its changed and/or modified terms and conditions.
Accessing the website/Web app
The user agrees that he/she will use this website/Web app for purposes which are in accordance with the laws prevalent in India, or the country from which the website/Web app is being accessed. The user further agrees he/she will not use the website/Web app in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The user agrees that he/she will not use the website/Web app in any manner that may compromise or put in danger the security of the website/Web app, render the website/Web app inaccessible to other users or otherwise cause damage/harm to the website/Web app or to it’scontent. The user will not change and/or modify the content of the website/Web app nor use the website/Web app in a manner that will affect or interfere with the rights of third parties. All information provided by the user for the purpose of registration shall be accurate, correct, current, and complete. If the Company believes that the information provided by the user is false and/or misleading, the Company shall be well within its rights to refuse the user access to the website/Web app and/or to any of its resources, information, etc. for a temporary or permanent period.
Restrictions on the use of the website/Web app
This website/Web app is solely for the personal use of the user. The user shall not use this website/Web app for any other purpose, including any commercial purpose. The user shall not (i) co-brand this website/Web app, or (ii) frame this website/Web app, or (iii) hyper-link to this website/Web app, without the express prior written permission of an authorized representative of the Company. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner so that an association mayor is likely to be created by the user that such third party has been given the right by the Company to display, publish, or distribute such content on this website/Web app. Intellectual Property Rights
The website/Web app displays various content including text, videos, photographs and other images and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights on this website/Web app belong to and are owned by the Company. The Company retains all rights, title and interest in the content displayed on the website/Web app unless otherwise specifically stated. Therefore, the content available on the website/Web app shall not be copied, distributed, republished, uploaded, posted, circulated or transmitted in any way without the prior written consent of Company, or unless authorized in writing by the Company or unless specifically stated.
The Company and website/Web app respects the intellectual property of others, and expect the user to do the same.
The website/Web app shall acknowledge the intellectual property rights of third parties oncontent created by such third parties. The user shall not infringe the intellectual property rights including the copyright of such third party which is displayed on the website/Web app and in case the user in
fringes such intellectual property rights of third parties, he/she will indemnify the Company for any loss, damage that may arise by way of proceedings, civil and/or criminal that may be filed against it as a result of the user's use of the website/Web app or infringement of a third party's intellectual property rights or for any loss or damage to the Company that may arise by such infringement.
Videos
The videos provided through the website gives the user complete right to view, use, and re-use them solely for learning purpose. ASTHA DANCE does not give the right to use & share these videos with external team members/employees / individual contractors / and/or other experts. As per our privacy policy, the user will have no right/claim on these videos & the future videos that will be created for promotion / email-advertising /advertising /etc.
Hyper-links
The website/Web app may contain hyperlinks to other website/Web apps which are not maintained by, or related to, the Company. However, the Company does not endorse or recommend such website/Web app or the content and the Company is not responsible or liable for the website/Web apps or content therein.
General Representation and Warranty
The user will use this website/Web app strictly in accordance with the terms and conditions displayed on this website/Web app and in accordance all applicable laws of the country from where the user is accessing this website/Web app.
Refund Policy
There are no refunds to any membership or account created on this website.
Indemnification
The user agrees to indemnify and hold harmless the Company and subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors from and against any and all claims and expenses, loss and damage, proceedings, civil and/or criminal, including advocate's fees, arising out of the user's use or unauthorized use of the website/Web app, including but not limited to the violation of the terms and conditions of this Agreement herein. The user shall also indemnify the Company and the aforementioned persons from and against any claims, civil and/ or criminal brought by third parties arising out of the user's use of the information accessed from this website/Web app.
The user also agrees to hold harmless Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
Breach of Terms and Conditions
Without prejudice to the Company's other rights available under applicable law, if the User breaches any terms or conditions of the Agreement herein, the Company will be well within its right to take such action as it deems appropriate to deal with the breach, including but not limited to suspending or prohibiting the user's access to the website/Web app, blocking computers using his/her IP address from accessing the website/Web app and/or bringing civil and/or criminal proceedings against the user.
Conflicts, Arbitration & Resolution
1. In the event a dispute arises between the user and AsthaDance, we shall attempt to amicably resolve it through mutual discussions. If the dispute is not resolved for a period of 90 days from the date of the dispute, either party can give written notice to the other party and declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be New Delhi. The arbitration shall be conducted by a sole arbitrator appointed by AsthaDance. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
2. If anyone brings a claim against us related to your actions, content or information on AsthaDance, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including legal fees and costs) related to such claim.
3. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or anything on AsthaDance, even if we have been advised of the possibility of such damages.
4. You agree to indemnify and hold AsthaDance and (as applicable) our parent, subsidiaries, affiliates, owners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
5. In no event shall AsthaDance be liable, on account of use (or inability to use) in any form or for any purpose whatsoever, for any damages or losses whether direct or indirect, consequential, incidental or punitive due to inaccuracy, completeness, authenticity or usefulness of any information, product, service, or process, or for contractual, Intellectual Property infringement, Tort or any other reason irrespective of whether AsthaDance is aware of or has been informed of the possibility of such damages or losses arising out of the use, existence or inability to use the platform.
Disclaimer
The Company makes no express or implied warranties, representations or endorsements whatsoever with respect to the website/Web app or to the service or the content displayed on the website/Web app. The Company also expressly disclaims all warranties/guarantees with respect to the service provided by the Experts in the field of personal well-being, and/or holistic living, and/or spiritual practices. The Company does not warrant the accuracy or completeness of the content including the content relating to the Experts.
The Company and website/Web app make no representation or warranty whatsoever as to the willingness or ability of any Expert to give advice, or as to whether the user shall find the advice given by an Expert to his or her satisfaction or whether the Expert will provide any solution to his/her problem or whether the Expert is in a position to deal with the problems of the user.
The Company and the website/Web app do not recommend any specific Expert or professional and the user is advised to check the credentials of the Expert him/herself if in doubt before using the services of the Experts as the Company will not liable or responsible for any acts of omission or commission by the Expert/s. The website/Web app is merely a platform to provide access to the Experts and the users to connect and/or interact with each other. It may be noted that the Experts named on the website/Web app are NOT employees nor agents of the Company.
A user is NOT allowed to openly approach / interact and share their concerns/queries/questions with any expert beyond/OUTSIDE this website/Web appor on a public or personal level.
A user is encouraged to be frank and open, however, at any point of time if the content posted by a user is at all abusive, offensive, obscene or harmful in any way, that content shall be instantly removed from the website/Web app and that user's account can be suspended without notice.
Health Disclaimer
The end-user understands that AsthaDance,via “The website/Web app” is here to serve him/her by sharing knowledge of dance, yoga, mental and spiritual health, and any related activities to promote dance and wellness. (“Yoga Ac. In connection with my participation in AsthaDance activities, the user understands, acknowledges and agrees as follows:
1. Participation in ASTHA DANCE is completely voluntary and it is solely the user decides to participate in such activities.
2. The practice of dance involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. The user is qualified, in good health and in proper physical condition to participate in the Dance & wellness sessions provided through the website/Web app. The user understands that he/she must judge his/her own capabilities with respect to practicing yoga and will only participate in the appropriate level of sessions that are within his/her limits and capabilities. The user acknowledges that it is his/her sole responsibility to confirm that there is no medical or other reason preventing him/her from participating in the Dance & wellness sessions. If a user is pregnant, she shall only participate in the Dance & wellness sessions after discussing the potential risks with her obstetrician. The user shall follow the obstetrician’s advice and instructions about whether and to what extent she can participate in the Dance & wellness activities. The user agrees that she (and her spouse/partner, heirs, and guardians) will hold releasees harmless for any possible injury to the user, her spouse/partner, heirs, guardians and/or my child/fetus.
3. If the user believes any conditions are unsafe, the user will immediately discontinue participation in the Dance & wellness sessions.
5. As consideration for the user being permitted to participate in the Yoga& wellness sessions, the user (and his/her spouse/partner, heirs, guardians, and legal representatives) release AsthaDance, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, experts, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Yoga Activities take place (“Releasees”) from any and all liability and claims for damages arising out of, relating to and/or by reason of the user’s voluntary decision to participate in the Yoga& wellness sessionsincluding the use of any equipment such as blocks, straps or any other equipment that may be suggested by a AsthaDance instructor /expert. The user further agrees that, he/she (and his/her spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of AsthaDance or Releasees for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, expert or contractor of AsthaDance as a result of his/her participation in the Yoga& wellness sessions. If the user, or anyone acting on his/her behalf, makes a claim against any of the Releasees, the user will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which any may incur as a result of such claim.
Further: physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an AsthaDance instructor /expert, is a strenuous physical activity. Accordingly, the user is urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips or by the instructor/expert on the website/Web app.
AsthaDance is not a medical organization and its instructors/expert or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing AsthaDance videos. Nothing contained in this website/Web app should be construed as any form of such medical advice or diagnosis.
By using the website/Web app you represent that you understand that physical exercise involves strenuous physical movement and that such activity carries the risk of injury whether physical, mental, emotional or spiritual. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in sessions and activities from AsthaDance, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of the equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind – physical, mental, emotional and spiritual against AsthaDance, or any person or entity involved with AsthaDance, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Technology Disclaimer
Most importantly, each and every session that takes place on the platform of the website/Web App of AsthaDance will be video recorded for study, quality check, training, monitoring purposes & to resolve any dispute/discrepancy that may arise. The user gives AsthaDance complete rights to use & share these videos with internal team members/employees / individual contractors/experts who are working (/ will work) with AsthaDance. These Videos may be used to create more content for future videos created by AsthaDance.
Also, The AsthaDance website/Web app is not responsible if the end-user session gets obstructed/paused / disconnected in between due to power failure, loss of internet connectivity or any other technical reason, either from the expert’s end or user’s end.
Security
The user, as well as expert, shall be responsible for the security of their individual passwords however if the Company considers the password to be insecure then the Company will be entitled to require a change in the password.
END-USER ACCOUNT AND DATA PRIVACY
1. The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules and are reproduced in the Privacy Policy.
2. AsthaDance may by its Services, collect information relating to the devices through which you access the website/Web app, and anonymous data of your usage. The collected information will be used only for improving the quality of AsthaDance's services and to build new services.
3. The website/Web app allows AsthaDance to have access to registered Users' personal email and phone numbers, for communication purposes so as to provide you a better way of booking sessions and for obtaining feedback in relation to the Experts and their practice.
4. The Privacy Policy sets out: i. The type of information collected from Users, including sensitive personal data or information; ii. The purpose, means and modes of usage of such information; iii. How and to whom AsthaDance will disclose such information; and, iv. Other information mandated by the SPI Rules.
5. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of: i. the fact that certain information is being collected; ii. the purpose for which the information is being collected; iii. the intended recipients of the information; iv. the nature of collection and retention of the information; and v. the various rights available to such Users in respect of such information.
6. AsthaDance shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to AsthaDance or to any other person acting on behalf of AsthaDance.
7. The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the website/Web app. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify AsthaDance of any actual or suspected unauthorized use of the User's account or password. Although AsthaDance will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AsthaDance or others due to such unauthorized use.
8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or AsthaDance has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AsthaDance has the right to discontinue the Services to the User at its sole discretion.
9. AsthaDance may use such information collected from the Users from time to time for the purposes of debugging customer support-related issues.
CONTENT OWNERSHIP AND COPYRIGHT; CONDITIONS OF ACCESS
1 The contents listed on the website/Web app are
(i) Expert generated content, or
(ii) belong to AsthaDance.
The information that is collected by AsthaDance directly or indirectly from the End-Users and the Experts shall belong to AsthaDance. Copying of the copyrighted content published by AsthaDance on the website/Web app for any commercial purpose or for the purpose of earning profit will be a violation of copyright and AsthaDance reserves its rights under applicable law accordingly.
2 AsthaDance authorizes the User to view and access the content available on or from the website/Web app solely for booking, receiving, experiencing and communicating only as per this Agreement. The contents of the website/Web app, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the website/Web app (collectively, "AsthaDance Content"), are the property of AsthaDance and are protected under copyright, trademark and other laws. User shall not modify the AsthaDance Content or reproduce, display, publicly perform, distribute, or otherwise use the AsthaDance Content in any way for any public or commercial purpose or for personal gain.
3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
REVIEWS AND FEEDBACK
By using this website/Web app, you agree that any information shared by you with AsthaDance or with any Expert will be subject to our Privacy Policy. AsthaDance at its discretion, may or may not display your reviews and feedback. You agree that AsthaDanc may contact you through telephone, email, SMS, WhatsApp or any other electronic means of communication for the purpose of:
i. Obtaining feedback in relation to website/Web app or AsthaDance's services; and/or
ii. Obtaining feedback in relation to any Experts listed on the website/Web app.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
1 As mandated by Regulation 3(2) of the IG Rules, AsthaDance hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offense or is insulting any other nation.
2. The User is also prohibited from:
i. violating or attempting to violate the integrity or security of the website/Web app or any of AsthaDance Content;
ii. transmitting any information (including job posts, messages, and hyperlinks) on or through the website/Web app that is disruptive or competitive to the provision of Services by AsthaDance;
iii. intentionally submitting on the website/Web app any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the website/Web app;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the website/Web app; vii. copying or duplicating in any manner any of AsthaDance Content or other information available from the website/Web app;
viii. framing or hot linking or deep linking any AsthaDance Content.
3. AsthaDance, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of this Paragraph
AsthaDance shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
4. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, AsthaDance has the right to immediately terminate the access or usage rights of the User to the Services and to remove non-compliant information from the website/Web app.
5 TERMINATION
5.1 AsthaDance reserves the right to suspend or terminate a User's access to the website/Web app and the Services with or without notice and to exercise any other remedy available under law, in cases where, i. Such User breaches any terms and conditions of the Agreement; ii. A third-party reports violation of any of its right as a result of your use of the Services iii. AsthaDance is unable to verify or authenticate any information provide to AsthaDance by a User; iv. AsthaDance has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or v. AsthaDance believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for AsthaDance or are contrary to the interests of the website/Web app.
5.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the website/Web app under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the website/Web app by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.
Complaints Procedure
Should the user have a question or complaint about the website/Web app, he/she may contact at: info@AsthaDance.com