1. WELCOME TO GARDENS OF SANTI

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GOS WELLNESS LLP, doing business under the name and style of GARDENS OF SANTI (hereinafter referred to as “GOS”), is involved in providing Services (hereinafter referred to as “Service”) relating to mental and physical fitness, including physical fitness, mindful yoga and meditation-related training activities, international retreats, through Online Content (hereinafter referred to as “Content” being information of any kind including videos, images, photos, audio, posts uploaded to our website) or through its identified studios and fitness centres as well as through its website www.gardensofsanti.com and software by way of subscription or by any other way. In the course of providing such Services, we may collect and/or otherwise gain access to certain personal information about our customers and Users of the Platform (hereinafter collectively referred to as “Users” and individually as “User” or “you”, “they”, “them” or “their”).

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2. RESPONSIBILITY AND UNDERSTANDING

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It is important for Users to thoroughly comprehend the terms and conditions outlined for our Services. This includes carefully reviewing the package inclusions, details on the website, and information provided to you. If there are any queries or uncertainties regarding the terms and conditions, individuals are encouraged to seek clarification from us before proceeding with payment.

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3. USE OF SERVICES - SUBSCRIPTIONS & PURCHASES

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The Services may allow the User to access digital Content on a pay-per-view basis, subscription basis, rent, or purchases. The basis on which Digital Content is available on the Services will be indicated on the product detail page for which they may purchase the digital Content. Subject to their payment of any applicable fees, purchases, subscriptions, rent or pay-per-view, GOS grants the User a non-exclusive, non-transferable, personal, non-sublicensable, limited right and licence to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by them. GOS makes no guarantees as to the resolution and quality of the User's Digital Content when streaming. The quality and speed of their stream of digital Content have many different variables, including their connection speed, location, download speeds, devices, player and bandwidth.

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The Services may be used only for lawful purposes relating to streaming and related materials. GOS specifically prohibits any use of the Services, and all Users agree not to use the Services for any purposes other than those designated by GOS.

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The User is prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (d) scraping or harvesting data or (e) the use of robots to skew payouts. 

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The User is prohibited from breaching any applicable law, regulation or code of conduct. They agree to not (a) use the Service to provide a similar service to third parties or otherwise to compete with GOS, (b) gain unauthorised access to any part of the Service or equipment used to provide the Service, (c) intercept or modify communications to or from the Service, (d) circumvent any security or other features of the Service including features that restrict use or copying of Content or (g) attempt, encourage, or assist any of the above.

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Violations of system or network security or inappropriate conduct may result in civil or criminal liability. GOS will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting Users who are involved in such violations.

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The User agrees to (a) comply with any rules or requirements on our Service, (b) promptly comply with any reasonable request or instruction by us in connection with the Service, and (c) ensure that any contact or other information which they supply to us is accurate and not misleading and they will tell us if there are any important changes.​​

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4. PAYMENT TERMS AND CONDITIONS

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​Prices for the Services are fixed and stated in Indian Rupees (INR). The package encompasses only the specified items mentioned in the description, along with its validity. GOS retains the right to offer discounts or adjust prices at its discretion. No cancellations or transfers are possible unless specifically mentioned.​

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Services Payment

For all services, the payment terms will be clearly outlined based on the specific service offered. Certain services may allow for partial payments or installments, while others will require full payment at the time of booking. These details will be explicitly mentioned for each service prior to the booking process. Transactions will be processed through a secure online payment gateway, with any associated charges transparently communicated during the payment process.

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5. ASSUMPTION OF RISK AND RELEASE OF LIABILITY

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Express Assumption of Risk

By enrolling in the Services offered by GOS, the User acknowledges that they are doing so voluntarily and are aware of the inherent risks associated with physical training or outdoor activities, including but not limited to yoga and physical fitness exercises. The User understands that these activities carry the potential for death, injury, and property damage. Risks may include, but are not limited to, falls resulting in serious injury or death, injury or death due to negligence on the part of GOS, training partners, or others, as well as injuries resulting from equipment failure or misuse, strains, sprains, and hazards related to terrain, weather, equipment, and the actions of others.

 

Release of Liability

The User accepts full responsibility for the risks involved in participating, volunteering, or observing these activities. The User releases GOS, their principals, teachers, agents, employees, and volunteers from any liability, claims, demands, or actions arising from or connected with their participation in its Services, including those allegedly resulting from the negligent acts or omissions of the aforementioned parties. This agreement is binding upon the Users, their successors, representatives, heirs, executors, assigns, or transferees. If any part of this agreement is deemed invalid, the remainder shall remain in full legal force and effect.

 

Indemnification

The User understands and accepts the risks associated with these activities and agrees to accept financial responsibility for any injuries caused by their negligence. The User agrees to reimburse the releases for any attorney’s fees and costs incurred to enforce this agreement. Furthermore, they agree to indemnify and hold harmless GOS, their principals, agents, employees, and volunteers from liability for injury or death to any person(s) and damage to property resulting from their negligent or intentional acts or omissions during the Services, including all related activities. This indemnification extends to all Services offered.

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6. MEDIA RELEASE AGREEMENT

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The User acknowledges and agrees that during their participation in Services provided by GOS, media may be captured, including but not limited to photography, video, written or verbal testimonials, or any other form of capturing likeness (hereinafter referred to as “Media”).

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In consideration of the valuable consideration received, the User hereby grants to GOS the absolute and irrevocable right and unrestricted permission to use, reuse, publish, and republish any captured Media in which they may be included, whether individually or with others. This permission extends to all publishing platforms, both current and future, including but not limited to the Internet, for any purpose whatsoever, including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration. Additionally, the User grants permission for their name to be used in connection with any such use at the discretion of GOS.

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The User expressly releases and discharges GOS from any claims, demands, actions, or causes of action that may arise out of or in connection with the use of the Media, including without limitation any claims for libel or violation of any right of publicity or privacy. This release extends to the benefit of their heirs, legal representatives, licensees, and assigns of GOS and any individuals involved in capturing the Media.

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7.  FORCE MAJEURE

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GOS shall not be liable for any failure or delay in performing any of its obligations under this agreement to the extent that such failure or delay is caused by an event beyond the reasonable control of GOS, including but not limited to acts of God, war, terrorism, government regulations, natural disasters, or any other event that is beyond the reasonable control of GOS. In the event of such a force majeure event, GOS shall promptly notify in writing and shall use its best efforts to resume performance as soon as practicable. The time for performance of the affected obligation shall be extended for a period equal to the duration of the force majeure event.

 

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8. RELEASE OF CLAIMS AND AGREEMENT TO ASSUME RESPONSIBILITY

 

The User hereby agrees that neither they nor their assignees, heirs, guardians, or legal representatives will make any claim against, sue, or attach the property of GOS, its affiliates, teachers, employees, agents, volunteers, or any affiliated organisations for injury or damage resulting from acts, however, caused, by any employee, agent, or contractor, or any affiliated organisations, arising from their participation in GOS’s Services. The User releases GOS, its agents, and affiliated organisations from all actions, claims, or demands that they, their heirs, guardians, and legal representatives may have or may hereafter have for injury, damage, or death resulting from their participation in GOS’s Services.

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The User affirms that they are medically, physically, emotionally, and in all respects fit and able to participate in GOS’s Services. The User agrees that they will be fully and financially responsible for their physical condition and well-being during the Service and will adhere to the safety precautions and instructions prescribed by GOS. The User will not push too hard in class. They agree to always listen to their body and what it needs and will stop if in pain.

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The User acknowledges that GOS may provide suggestions intended to promote their well-being but understands that they ultimately bear responsibility for their choices. They recognise that GOS is not a licensed medical provider and agree to consult their doctor as needed.

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If the User experiences pain or discomfort during the Service, they will adjust GOS’s instructions to suit their individual needs. They will not hold GOS responsible for any pain or discomfort they experience during or after the Service. The User understands that the Services offered are not a substitute for medical care and that GOS is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.

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If the User is making the payment for the Service on behalf of a minor child, they grant permission for any person associated with GOS to administer necessary first aid and seek medical care as needed for the child’s well-being.

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GOS may display other people’s services, advertising and /or links to other websites. GOS does not recommend or endorse, nor are we legally responsible for, any of these.  The User uses them at their own risk.

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The User affirms that they are of legal age and capacity to enter into this agreement and that they have read and understood its contents. By making payment for the Service, they acknowledge that this release shall be binding upon them, their heirs, legal representatives, and assigns.

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By agreeing to the terms outlined here and elsewhere on GOS’s website, the User hereby releases and discharges the rights and claims for damages or liabilities that may arise as a result of their participation in GOS’s Services.

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10. GOVERNING LAW

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This agreement is governed by the laws of the State of India, without regard to conflict of laws rules.

By making payment for the Service, the User acknowledges and agrees to all the terms outlined herein.