YoGems.com Terms of Use

This Terms of Use agreement was last updated on May 05, 2016.
The terms of use set forth below and the policies referred to herein (collectively, the “Terms of Use”) contain the terms and conditions that apply to your use of the services (the “Services”) offered to parents and others who use the YoGems Site (as defined below) to enroll in activities at or referenced in URL: www.YoGems.com and all affiliated websites owned and operated solely by YoGems Infotech India Pvt Ltd (collectively, the “YoGems”). As used herein, “YoGems”, “we”, “our” or “us” refers to YoGems Infotech India Pvt Ltd, its subsidiaries and affiliates and their officers, directors, members, employees, agents or representatives. “User”, “you”,”Service provider” or “parent” refers to you.
This document covers the terms and conditions under which these services are provided.

Acceptance of Terms of Use and Changes to Terms of Use

By accessing, browsing or otherwise using or operating the YoGems Site and/or the Services or creating an account on the YoGems Site, you acknowledge and agree that you have read and understand these Terms and Use and that all such access, browsing, use and operation are subject to these Terms of Use and the YoGems Privacy Policy (see our Privacy Policy at www.YoGems.com/privacy-policy ). You also acknowledge and agree that you have read and understood the YoGems Privacy Policy. Further, you acknowledge, agree and understand that you are entering into a legally valid and binding contract with YoGems. If you do not agree to these Terms of Use, you are not licensed or permitted to use the YoGems Site or the Services. All other uses of the YoGems Site and Services are prohibited.

Your registration as a user of YoGems.com or the use of any of the features and services on YoGems.com, either as a registered member or as a visitor constitutes automatic acceptance of these terms and conditions.

These Terms of Use may be modified, in our sole discretion, from time to time. Any modifications will be effective immediately upon posting the modified Terms of Use by YoGems on the YoGems Site and you, hereby, agree to any modifications. You affirm that you will review these Terms of Use periodically so you are aware of any and all modifications made hereto. If the modified terms of these Terms of Use are not acceptable to you, your only recourse is to cease using the YoGems Site and the Services.

Further, when using the Services, you agree to be subject to any guideline or rules applicable to the provider of the activity you enrolled the applicable child in (such activity provider being referred to herein as, the “Provider”).

Permitted Users

By accessing, browsing or otherwise using or operating the YoGems Site and/or the Services or creating an account on the YoGems Site, you represent and warrant that you are 13 years old or older. Anyone under the age of 13 years old is requested to register with us or access or using the YoGems Site or Services only under parental guidance. Also, a child under the age of 13 should use parent’s e-mail id and contact number which will be verified. For verification, the parent will be notified via email having all the details entered by the child.After the verification of parent’s email id and contact number only, the accessibility to our services will be permitted. By creating an account on the YoGems Site, you further represent and warrant that you are not a convicted sex offender.

Users should monitor children’s use of the Internet. We do not assume any responsibility for any misrepresentations regarding age when using the YoGems Site or Services. We determine that any User provided false information to us, when using the YoGems Site or Services, the User’s membership and account may be terminated immediately in our sole discretion.

Creating an Account

In order to search for and enrol in services, tournaments and activities listed on the YoGems Site, you must sign up and create an account online through the YoGems Site. Your account and the information you provide will be subject to the YoGems Privacy Policy. When creating an account, you will be asked to create a password. You acknowledge and agree that you will not disclose your password to any third party. You will be solely responsible for maintaining your password and all actions, content and activities set forth in or taken under your account. If your password has been stolen or hacked into, please immediately contact YoGems at support@yogems.com.

By creating an account you can register and enrol a child in a various activities, tournaments and training sessions through the YoGems Site. If you select to enroll your child in any training, tournament or activity, you are responsible to pay for the cost of the activity purchased through the YoGems Site under your account. We shall process payment and charge the method of payment (e.g., credit card) that you specified in your account or on the purchase page on the YoGems Site. You acknowledge and agree that you are the owner and holder of the credit card for your account and/or you have permission of the credit card holder to use such credit card for payment on the YoGems Site. YoGems shall have no responsibility to verify your use of or permission to use such credit card. Further, you represent and warrant that all information, statements and content you provide or make, as applicable, when creating an account, as well as all other information, statements and content you provide or make, as applicable, are true, accurate and correct.

You, hereby, agree to be solely responsible for learning of and confirming all holidays and known activity closings with the applicable Provider. YoGems has no responsibility for informing you of any activity closings or holidays.

Cancellation and Refunds

All services and activities enrolled in through the YoGems Site are subject to the specific cancellation and make-up policies of the applicable Provider. You are responsible for reviewing and understanding the cancellation and make-up policies of the applicable Provider and all other application information with respect to the activity and the Provider. Further, you shall contact and directly deal with the applicable Provider with respect to the cancellation or make-up of any activity enrolled in through the YoGems Site or with respect to any refund. Except as we may otherwise agree to in writing in limited cases, once purchased through the YoGems Site, activities and all related charges and fees are non-refundable. If the applicable child cannot attend an activity for any reason you shall not receive a refund unless otherwise agreed by the Provider and in all cases subject to the Provider’s cancellation and refund policies. If a Provider has to cancel or reschedule an activity for any reason, in its sole discretion, you and the Provider will deal with each other directly, not involving YoGems, with respect to a refund or a make-up. YoGems shall have no responsibility or liability to you or any third party if a Provider cancels or reschedules an activity.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Content

YoGems Ownership and YoGems Content

All software used on the YoGems Site is the property of YoGems or its software suppliers and protected by India and international copyright laws and other applicable laws. We also own the YoGems Site, the trademarks, service marks and domain names displayed on the YoGems Site (unless otherwise noted), whether registered or unregistered, and all text, logos, photographs, graphics, images, music, software, audio, video, location data, information or other materials, and all other forms of data or communication (other than your Content (as defined below) and any other Content supplied to us by third parties) (collectively, the “YoGems Content”) and the YoGems Content is protected by copyright, trademark, and other laws of the India and foreign countries. You represent and warrant that you will not remove, alter, conceal or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the YoGems Site nor shall you use, sell, transfer, reproduce, download, distribute, publicly display, edit, publish, copy, print, license or create derivative works from any of the YoGems Content without the prior written consent of YoGems.

User Content

YoGems may permit, in our sole and absolute discretion, you to post, submit, upload, send or transmit Content to, through, on or in connection with the YoGems Site or the Services. By making available any Content through the YoGems Site, you automatically grant (and represent and warrant that you have the right to grant) to YoGems and its affiliates and successors, a worldwide, irrevocable, perpetual, non-exclusive, fully paid, transferable, royalty-free license, with the right to sub-license, publicly display, reproduce, reformat, use, copy, adapt, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on or by means of the YoGems Site. YoGems does not claim any ownership rights in any such Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such Content. You also irrevocably grant other users of the YoGems Site the right to access, display, view and store your Content on the YoGems Site. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution against YoGems and the users of the YoGems Site with respect to your Content. You also represent and warrant that public posting and use of your Content by YoGems will not infringe or violate the rights of any third party, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Further, you agree that YoGems has not and will not endorse any of your Content nor will you represent (whether expressly or implied) that YoGems has endorsed your Content. You understand that all Content and submissions, thereof, on the YoGems Site are the sole responsibility of you as a User and owner of an account on the YoGems Site and therefore you, and not YoGems, shall bear all responsibility for your Content and all consequences and liability that may arise there from.

YoGems reserves its right to remove, edit, or modify any of your Content on the YoGems Site or refuse you access to the YoGems Site for any reason, in our sole discretion, at any time with or without notice. Before posting, uploading, submitting, sending or transmitting any Content, we strongly recommend that you carefully consider the Content before doing so.

YoGems reserves the right to charge a user for booking a trial activity on our site in order to ensure to the Provider running the activity that the user intends to attend such activity and as compensation to us for the use of our site to find and book and be reminded about such trial activity.

Further, you acknowledge and understand that you may be exposed to Content of other users and Providers that may be offensive, inappropriate, and inaccurate and that violates the YoGems policies and applicable law. You, hereby, waive any rights and remedies you have or may have against YoGems with respect to such Content. YoGems bears no responsibility and assumes no liability for any submissions and content of users and Providers, including, without limitation, Content in violation of the YoGems policies and Content in violation of laws.

Services

YoGems may from time to time add new services, modify the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. We will provide information about the new services on the YoGems Site, and the users of new services will be governed by these Terms of Use. You acknowledge and agree that YoGems will not be liable to you or any third party for any modification, suspension or discontinuation of any of the Services.

Prohibited Uses, Conduct and Content

You shall be liable for any illegal or unlawful use of the YoGems Site or the Services or any use of the YoGems Site or the Services prohibited by these Terms of Use. By accessing the YoGems Site and using the Services you agree to comply with all applicable laws.

You agree not to, and will not permit, enable, assist or cause any other individual or entity through your account to:

• Post, submit, upload, send or transmit any text, images, photos, video, audio, location data, graphics, logos, information, reviews and all other forms of communication or data (collectively, “Content”) that contains (a) vulgar, defamatory or offensive language (including, without limitation, any Content that promotes racism, discrimination, hatred, bigotry, hatred or harm of any kind against any other person or group), (b) Content that is fraudulent, false or misleading, (c) Content that is harassing or threatening to any other person or (d) Content that violates any applicable law, statute or regulation.

• Post, submit, upload, send or transmit any Content that could be harmful to minors.

• Post, submit, upload, send or transmit any Content that promotes illegal activities.

• Make unsolicited offers, advertisements or promotions or transmit “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.

• Upload material or software (including, without limitation, any virus) that is damaging to computer systems or data of YoGems or any user of the YoGems Site.

• Post, submit, upload, send or transmit any Content that infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or any other Content that you do not have the legal right to post, submit, upload, send, transmit or other distribute to others.

• Post, submit, upload, send or transmit any Content that is pornographic or sexually explicit or otherwise inappropriate in nature.

• Solicit or share passwords or personal information.

• Impersonate another person or entity or access another user’s account without such user’s prior consent nor send false source-identifying information.

• Violate these Terms of Use.

• Use the YoGems Site that could damage or impair another party’s or entity’s use of and access to the YoGems Site.

• Attempt to gain unauthorized access to the YoGems Site or interfere with, modify, or restrict in any manner or form any features of the YoGems Site or the YoGems Site itself.

• Attempt to breach any security or authorization measures of the YoGems Site.

• Attempt to scrape, retrieve, or use other automated means (including any robot, scraper or spider) to access the YoGems Site, the Services or any YoGems Content.

• Use or display any of the YoGems Content without the prior written consent of YoGems.

You acknowledge and agree that YoGems has no responsibility to monitor your actions or Content or your use of the YoGems Site and Services, but YoGems has the right to do so, to ensure you are complying with these Terms of Use and applicable law. YoGems shall have the right to investigate and prosecute any violations of these Terms of Use or applicable law. If you violate these Terms of Use or the law or perform any actions or access the YoGems Site in a manner that YoGems deems inappropriate or objectionable in its sole discretion, YoGems shall have the right to immediately terminate, without prior notice or without your prior consent, your account and your access to the YoGems Site and the Services.

Reviews and Feedback

YoGems may solicit feedback and reviews from you and other users who use the YoGems Site. In our sole and absolute discretion, we may remove your or any other user’s feedback or review. YoGems shall have no liability to you and you hereby release YoGems, its subsidiaries, affiliates, any related companies, joint ventures, and partners, and the officers, directors, members, employees, agents and representatives of each of them from any and all claims, damages and liabilities in respect of any feedback or review. In addition, we encourage feedback and suggestions from you with respect to the YoGems Site and the Services. Please contact us at support@yogems.com, if you have any recommendations, suggestions or feedback.

Term and Termination

These Terms of Use will be effective and in full force as of the earliest of the date on which you begin using the YoGems Site or the Services, the date on which you create an account on the YoGems Site or the date on which you accept these Terms of Use by electronically accepting these Terms of Use.

You, hereby, acknowledge and agree that YoGems may, in its sole discretion, discontinue providing the Services or access to the YoGems Site, at any time, with or without notice to you; if YoGems discontinues the Services or the YoGems Site, such will result in an automatic termination of your account. You acknowledge and agree that YoGems shall have no liability to you or any third party for any discontinuance described in this paragraph.

YoGems reserves the right to terminate any and all accounts you have created on the YoGems Site and revoke, with or without case, your access to the YoGems Site or your use of the YoGems Site or the Services at any time (with or without notice to you). You acknowledge and agree that YoGems shall have no liability to you or any third party for any terminated described in this paragraph.

You may terminate or cancel your account at any time by emailing us at support@yogems.com. Any suspension, termination or cancellation will not affect your obligations to YoGems under these Terms of Use, which are intended to survive such suspension, termination or cancellation.

After any termination by you or YoGems, you acknowledge and agree that YoGems shall have no further obligation to provide access to you of the YoGems Site or the Services. Upon termination, all licenses and other rights granted to you by YoGems will immediately cease. YoGems is not liable to you or any third party for termination of the YoGems Site or the Services or of your use of the YoGems Site or the Services.

Provider and other Third-Party Sites and Services

The YoGems Site may include links to other websites, information, services and products of other persons and entities. Such links are provided solely for your convenience and for informational purposes. YoGems does not endorse or promote any such links or websites, information, services or products nor does YoGems make any warranties (express or implied) with respect to such links, websites, information, services or products. By clicking on and accessing such links you agree that you are accessing such links solely at your own risk. YoGems shall have no liability for the accuracy of such links (including any information on the applicable websites), the content on such websites, or the availability of such websites, information, services or products.

Disclaimers And Limitations Of Liability

The YoGems site, services and the YoGems content are provided “as is”, without warranties of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by applicable law, YoGems and its officers, directors, members, employees, agents or representatives explicitly disclaim all warranties, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

YoGems does not represent or warrant as to the quality of any products or services received in connection with your use of the YoGems site and services, information or content provided by or obtained through the YoGems site or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any YoGems content, or information obtained through the YoGems site or services, including information provided by a purchaser or a provider. YoGems does not represent or warrant that the functions contained on the YoGems site and in the YoGems content will be uninterrupted or error-free, that defects will be corrected or that the YoGems site or the server that makes it available are free of viruses or other harmful components. YoGems Also makes no warranty that the YoGems site, services or YoGems content will meet your requirements or be available on a secure basis. YoGems does not guarantee that you will be able access or use the YoGems site or services at the times or locations of choosing. No advice or information, whether oral or written, obtained from YoGems or through the YoGems site, services, or YoGems content, will create any warranty not expressly made herein. YoGems Shall have no responsibility or liability for the cancellation or rescheduling of any activity booked through the YoGems site by any purchaser.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the YoGems site, services and YoGems content remains with you. Under no circumstances, will YoGems, its affiliates or its subsidiaries or any of their respective officers, directors, members, employees, agents or representatives be liable to you or any third-party for any special, consequential, exemplary, incidental, direct, indirect, or punitive damages or any other loss or injury that results from, arising out of or in connection with use, or the ability to use, of the YoGems site, the services or YoGems content, even if YoGems or any authorized representative of YoGems has been advised of the possibility of such damages. IN No event will YoGems or its affiliates or its subsidiaries or any of their respective officers, directors, members, employees, agents or representatives or any third-party partners or suppliers have any liability to you for damages, losses, and causes of action arising out of or relating to these terms of use or your use of the YoGems site, services or YoGems content (whether in contract, tort including negligence, or otherwise).

Indemnification and Release

You, hereby, acknowledge and agree that you will defend, release, indemnify and hold YoGems, its subsidiaries, affiliates, any related companies, joint ventures, and partners, and the officers, directors, members, employees, agents and representatives of each of them harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, all legal fees and expenses, arising out of or resulting from (i) your access to or use of the YoGems Site, Services or YoGems Content; (ii) your Content; (iii) your or the applicable child’s interaction and relationship with a Purchaser; (iv) your breach or violation of these Terms of Use; or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

In the event that you have a dispute with a Purchaser, you release YoGems (and our officers, directors, members, agents, parent, subsidiaries, joint ventures, related companies, agents, representatives and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and trusted, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Notices and Communications

Any notices or other communications permitted or required under these Terms of Use or otherwise will be made in writing via email. All notices and communications sent to YoGems shall be sent to support@yogems.com. All notices and communications sent to you shall be sent to your email address set forth in your account set up on the YoGems Site. You, hereby, agree to provide immediate written notice to YoGems of any change in your email address. For notices and communications sent by email, the date of receipt of such notice or communication shall be deemed the date on which such notice or communication is transmitted, or if such date is a non-business day, on the immediately succeeding business day.

Assignment

You may not assign or transfer these Terms of Use, your rights and obligations under these Terms of Use or your account, without the prior written consent of YoGems. Any assignment or transfer by you without the prior written consent of YoGems shall be null and void. YoGems shall have the right to assign or transfer these Terms of Use without restriction. These Terms of Use shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

Governing Law; Dispute Resolution

These Terms of Use and any claim, controversy, dispute or cause of action (whether in contract or tort or otherwise) based upon, arising out of or relating to these Terms of Use and the transactions contemplated, hereby and thereby, shall be governed by, and construed in accordance with, the laws of Delhi India.

Contacting YoGems

To the extent you have any questions or would like to contact YoGems regarding these Terms of Use, please contact YoGems at support@yogems.com using the subject line “Terms of Use Question”.