Terms and Conditions
Welcome to AADEE a venture of Sambac Mindtech Pvt. Ltd. (“us”, “we”, or “our”), a Private Limited Company having its Registered Office at A-406, Mondeal Square, Opp. Prahladnagar Garden, S.G. Highway, Ahmedabad – 380015. (Hereinafter referred to as “Company”).
The Terms and Conditions as stipulated below, constitute a legally binding and enforceable agreement between the Company and the User regarding the use of Services provided through the Mobile Application named AADEE (hereinafter referred to as “Platform”) owned by the Company.
Platform is designed to provide you with high quality video and audio of meditation classes, exercises and guided meditations and information about pregnancy and parenthood, bringing together a community of people that are interested in well-being during pregnancy and new parenthood.
The User is urged to read the Terms and Conditions carefully before accessing the Services of the Platform. The Agreement to the said terms unequivocally binds the User to all the Terms and Conditions and all existing Agreements of the Company. If you indulge in any activity in a manner which is inconsistent with these terms and conditions, the Company may terminate your current access and place a restriction on access in the future.
The following words shall have these meanings as defined herein below:
- Agreement: This shall mean and include the terms and conditions and other references drawn herein.
- Company: This term is defined as Sambac Mindtech Private Limited.
- Service(s): This term shall be primarily directed towards providing Nutrition, Exercise, Shlokas, and Counselling services to members expecting to be parents and newly entered into parenthood.
- Member/User/You: This term is referred to any person who has registered as a user with the Platform.
- User Information: This term is defined as information provided as true, accurate, current and complete information about yourself as prompted by the registration form available on the Platform and maintain and promptly update your Data to keep it true, accurate, current and complete.
- Platform: This term is defined as the Application named AADEE and/or Email Addresses of the Company.
APPLICABLE LAWS AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with the laws of India. The courts in Ahmedabad, Gujarat, India alone shall have exclusive jurisdiction over any dispute or issue arising out of the use of the services provided by the Platform. The User shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without prior written consent from the Company, any such purported assignment or delegation will be null and void and of no force or effect.
- All Users who wish to avail the Services provided by the Platform should be of 18 years of age and competent to enter into a legally binding contract and not disqualified by any existing law in force.
- Any information provided by user that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Website is void where prohibited.
- The services provided on the platform may act as a shared ledger for people to keep track of expenses, bills, debts and payments recorded on platform are informal records, and not legally binding contracts of some kind. We offer the Services on “as-is” basis without a warranty. Services on the platform is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Company reserves all rights not expressly granted in and to the platform and the Content.
- The services provided on the Platform may be used for your information and personal use; as intended through the normal functionality of the platform; and for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audio-visual work via the Internet from the platform to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing the platform for any purpose or in any manner other than Streaming is expressly prohibited.
- Company provides various information on its platform and offers various services. The content on our platform is for reference and educational purposes, is not assured to be true, correct, or accurate, and is not intended to be complete or exhaustive or to provide any medical advice, diagnosis, or treatment. You will not consider or rely on any information or services available on platform, for any professional advice, diagnosis, or treatment, including any mental health concerns. No action should be taken, delayed, or deferred based on our platform or statements. Company makes no claims, representations, assurance or guarantees concerning our platform or services. Always consult with a qualified and licensed physician/doctor or other healthcare professional and follow their advice without delay regardless of any of our content or services.
- You agree and acknowledge that you have obtained the approval of your physician/doctor before receiving any services from us. You bear sole and exclusive responsibility for your use of our services, and you acknowledge and agree neither we nor any of our employees, contractors or agents shall have any liability to you for any injuries arising from your use of our services. Insofar as you participate in any of our services, such as individual or group sessions, you represent and warrant that you are in sufficient physical and mental health to engage in the services and that you lack any disability or condition that may impair your health or otherwise put you at risk of hurting yourself. If during your participation in our services you feel uncomfortable or pain, or otherwise think you have a medical emergency, you should immediately cease your participation and call your doctor immediately.
- Exercise postures, in all its forms and with or without the use of equipment such as blocks, cushions, pillows or any other equipment that may be suggested by an instructor on the platform, is a strenuous physical activity. All suggestions and comments relating to services, including the use of equipment, poses, moves and instruction, are not required to be performed by you and are carried out at your election. If you believe the platform or our services contains any information or material that could be considered explicit or offensive, immediately stop use thereof
- By using the platform, you represent that you understand that exercise involves holding certain postures, and that such activity carries the risk of injury whether physical or mental. 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 classes and activities on our platform, you will not exceed your limits while performing such activity. You understand that, from time-to-time instructors may suggest physical adjustments or the use of 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 understand that your physical and mental conditions may worsen after receiving services from us
- You knowingly, irrevocably, and expressly waive and release any claim you may have at any time for damages, harm, loss, or injury of any kind against the company, or any person or entity affiliated with the company, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives, arising from, relating to, concerning or by reason of your using the platform or our services.
- OUR PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO, AND HEREBY DISCLAIM ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE PLATFORM, THE CONTENT THEREON AND OUR SERVICES. FURTHER, WE DISCLAIM ANY WARRANTY THAT THE PLATFORM WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WE MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE PLATFORM. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICES PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR CAUSE THROUGH YOUR USE OF THE PLATFORM OR SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PLATFROM. THESE LIMITATIONS SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTE OR ANY OTHER LEGAL OR EQUITABLE GROUNDS
ACCESS SECURITY AND PASSWORD
- The User may be required to create your personal account on the platform, and select a password and user name. The User promises to provide us with accurate, complete, and updated registration information. The User may not transfer the account to anyone else without our prior written permission.
- All the transactions on the Platform will be secured and protected and all the information provided by the Users will be encrypted and will not be disclosed to any third party.
- All Users may be asked to change their passwords from time to time to ensure better protection of data and information.
- All Users must take sufficient and adequate steps to prevent unauthorized access to their personal information.
- All Users will be fully responsible for all the activities that occur under their password or account.
- All Users shall only use the Services for their own internal, non-commercial use, and only in a manner that complies with all laws that apply to User. If User’s use of the Services is prohibited by applicable laws, then User isn’t authorized to use the Services. We cannot and won’t be responsible for your using the Services in a way that breaks the law.
- Company or its platform shall not be responsible for any loss or damage arising out of failure of complying with this agreement.
RIGHT OF THE COMPANY OVER USER INFORMATION
- By accepting these terms and conditions, the User agrees to authorize that the Company have the right to own all copyright and other Intellectual Property Rights over all the information provided by them.
- In terms of Information and Technology Act, 2000 read with Information Technology (Intermediary guidelines) Rules, 2011, Company securely transmits and saves your data including but not limiting to the interactions done by the User on the Platform, the transactions undertaken by the user via company including the exchange of short message service, to our secure servers. The same enables the company to not only serve its Users with better offers but also with reminders and notifications for activities more in-line for Users’ interests and for making the Platform more User friendly.
- Company does not save any payment details and information of its Users including Internet Banking Details, Credit/Debit Card details, E-Wallet credentials etc. For the purpose of effecting payments/settlements, User is securely transferred to a registered third party online payment gateway.
SUBSCRIPTION & PAYMENT REFUND
- The User agrees and acknowledges that the service offered through the Platform is a Subscription based Service.
- The User further agrees and acknowledges that Payment once made to the Platform shall not be refunded under any circumstances and hence shall take decision accordingly.
OBLIGATIONS OF THE USERS
The following are the obligations of the Users which need to be fulfilled while using the Services of the Platform.
- The User must provide complete and correct information regarding your name, residential address, age, email address and other details as required by the Platform.
- The User must agree to review the terms and conditions from time to time which are subject to change at the complete discretion of the Company.
- The User must agree that all information provided will be subject to verification process by the Company.
- The User must ensure compliance with the instructions given by the Company at all times while accessing the Platform.
- The User will be solely responsible for all the information stored and transmitted by them and is responsible for any wrong information entered by him/her/it and will be liable for any action taken by a third party with regard to the same.
- The User must not disclose their Username and password to any person and must keep all transactions confidential.
- The User must inform the Company immediately in case of any breach or unauthorized use of personal information.
- The User acknowledges that all information provided by him/her/it will be saved and used and commercially exploited by the Platform as deemed fit by the Company.
OBLIGATIONS OF THE USERS
The following actions of the User are strictly prohibited such as;
- The User must not allow any other individual to access his/her/its account and utilize the Services offered by the Platform.
- The User must not use the information provided by the Platform for any unlawful or fraudulent purposes.
- The User must not infringe any Intellectual Property Rights of the Company or any person or entity listed on the Platform by copying, modifying or distributing such content.
- The User must not attempt to reverse engineer or jeopardize the correct functioning of the Platform, or otherwise attempt to derive the source code of our Technology (including software, tools, methods, processes, and infrastructure) that enables or underlies the Platform.
- The User must not replicate the Services, in whole or in part, or use the Services to develop or offer a similar or competitive website, application, product or service.
- The User must not interfere in any way with the proper functioning of the Platform or interfere with or disrupt any servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.
- The User must not indulge in any activity or transaction which would pose a threat to the safety and security of the Platform.
- The User must refrain from any activity which would involve transmission of a virus, worm or other harmful component into the system of the Platform while accessing the services provided by the Platform.
- The User must not undertake to resell or assign his/her/its rights or obligations under these Terms and Conditions.
- The User must not upload or transmit any information, the content of which is offensive to religious, moral, racial or political sentiment. The Company has right, in its sole and absolute discretion, to refuse, delete or remove any such information.
- The User must not upload or transmit any information, the content of which is an expression of bigotry, racism, defamation or hatred based on age, gender, caste, religion, race, ethnicity, disability or nationality or is in the nature of being derogatory, slanderous, grossly harmful, objectionable, disparaging to any third party.
- The User must not upload or transmit information which is obscene, contains pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- The User must not upload or transmit any information which is in contravention with the provisions of the Information Technology Act, 2000 in addition to rules, regulations or guidelines made in respect to it.
- The User must not upload or transmit any information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
- The User must not indulge in any activity which would lead to a violation of any terms and conditions. The Company have the right to terminate and or suspend the Services to any such individual or entity.
LINK TO THIRD PARTY WEBSITES
- The Services may include links to other websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and the provision of these links does not mean that we endorse these websites or services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.
- The Company shall not be held liable for any loss arising out of transfer to the secured and registered payment gateway of Company. You undertake the risk of any loss (including financial loss) which may arise due to such transfer to the registered payment gateway of Company.
- Our platform contains Content of company, and Content of third party licensors to company (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Company owns and retains all rights, title, and interest in the company’s Content. Company hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Company’s Content and any third-party Content located on or available through the platform solely for your personal, non-commercial use in connection with viewing the platform and using the Service.
PRESERVATION/DISCLOSURE AND SECURITY COMPONENTS
You acknowledge, consent and agree that company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- Comply with legal process nationally or internationally;
- Enforce this agreement;
- Respond to claims that any content violates the Third-Party rights;
- Respond to your requests for customer service;
- Protect the rights, property, or personal safety of company its members and the public;
- That the Website and software embodied within the platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by company and/or content providers who provide content to company;
- That you may not attempt to override, disable, circumvent, or otherwise interfere with any such security components and usage rules embedded into the platform.
Company does not represent that the Service is error-free, complete, or can be relied upon. The Service is provided ‘as is’ and ‘as available’ with no warranty of any kind and you are using the Service at your own risk. The Company disclaims any warranty, implied or otherwise, regarding the Service, including warranty of merchantability, fitness for a particular purpose or non-infringement.
The service may not be used in connection with any commercial purposes, except as specifically approved by company. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges
Under no circumstances will the Company be liable to you for any indirect, incidental, consequential, special or exemplary damages (including emotional distress) arising out of or in connection with your use of the service, whether or not you have been advised of the possibility of such damages. Under no circumstances shall Company be liable to you for any amount for services rendered pursuant to this agreement.
INTELLECTUAL PROPERTY RIGHTS
- The Service and its original content, features and functionality are and will remain the exclusive property of Company and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress shall not be used in connection with any product or service without the prior written consent of the Company.
- The User of the Platform has no right or claim to use, copy reproduce, distribute, transmit, broadcast, display any trademarks, trade names, service marks, logos, domain names or any distinctive brand features of the Company.
- All such logos, trademarks, trade names, service marks, brand names, including material, designs, and graphics belong exclusively to the Company and no User can indulge in any activity which will amount to infringement of the Intellectual Property Rights.
The User agrees to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of content of what the User submits, posts or transmits through the Service, through the User’s use of the Service, the User’s connection to the Service, the User’s violation of these Terms or Condition or the User’s violation of any rights of another.
All aspects related to financial, commercial, operational and technical information of the Company which is received by the User, have to be kept confidential and secret. The User is not allowed to disclose to any third party the confidential information of the Company, in whole or in part, except in cases where it is required and upon prior written permission from the Company. The User is not allowed to use, reproduce, transform or store such confidential information without prior written permission of the Company. All confidential information voluntarily provided by the User to the Company is done at their own risk. If such information is misused and collected by a third party, the Company are not liable for such an action.
MODIFICATIONS TO SERVICE
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The User agrees that the Company shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service.
The Company reserves its right to modify or terminate the Services provided by the Platform, for any reason, without prior notice, without liability to the User or any other members or third party. The Company also reserves the right to modify the terms from time to time without notice. The User agrees to regularly review the Terms and Conditions to keep himself/herself/itself apprised of any such changes.
- The Company shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Pandemic, Epidemic and Quarantine/ Lockdown Restriction;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- The Company’ performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and the Company shall have an extension of time for performance for the duration of that period. The Company will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms shall be performed despite the Force Majeure Event.
These Terms and Conditions constitute the entire agreement between the Users and the Company with respect to the subject matter thereof, supersede, and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.
Any Complaint/ Notices to the Company may be made via email or regular mail to the below mentioned address: