Terms Of Use

PLEASE READ THE FOLLOWING TERMS OF USE (THE "TERMS") VERY CAREFULLY, AS YOUR USE OF THE WEBSITE (AS DEFINED BELOW) IS SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS.

BY CLICKING ON THE "I AGREE" (OR A SIMILAR BUTTON) OR BY REGISTERING, ACCESSING OR OTHERWISE USING THE WEBSITE IN ANY MANNER, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE FOUNDATION (AS DEFINED BELOW).

IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT USE THE WEBSITE.

IF YOU CONTINUE TO USE THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY ("PRIVACY POLICY") WHICH GOVERN YOUR RELATIONSHIP WITH US.

By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the Website.

1 Definitions:

a. "Foundation"; "Us"; "We"; "Our" shall mean Tej Gyan Foundation, a Foundation registered under the Indian Companies Act, 1956/2013 having its registered office at 810, Janwadi, Gokhalenagar, Pune, Maharashtra 411016.

b. "Volunteer(s) " shall mean and include the like-minded people from various fields, race, community, religion, profession, sex, beliefs or otherwise who have come together as a community to assist the Foundation to provide Services.

c. "Participants" shall mean and include the individuals who participate in various programs and retreats and attend the residential programs organised by the Foundation from time to time.

d. "Services" shall mean organizing events, programs and retreats for the benefit and upliftment and other similar activities provided to the Users through the Website.

e. "Users" "you"; "your"; shall include in its ambit users who visit, access and use the Website.

f. "Website" shall mean and include website https://www.tejgyan.org/ including all its features and chat bot.

g. "Website Content" shall mean any information and/ or material which is made available by the Foundation from time to time on the Website.

2.Scope of the Website:

The Website is an online portal that facilitates a connection between self-driven volunteers and Participants for their benefit and upliftment of the community. The Website offers features such as information about the Foundation, details of various programs and retreats offered by the Foundation, happy quotes, including but not limited to meditation, deep relaxation techniques and free internet radio for exploring inner being and understanding karma, humanity and gain self-realization. The User is free to avail any of the features available on the Website free of cost. Although the Website may display information that may be obtained through various sources, the Users understand and acknowledge that the Foundation shall not be responsible in any manner for the nature of the information displayed on the Website. You understand and acknowledge that your use of the Website is at your own risk and the Foundation shall not be liable for any consequence arising from such use.

3.Information and Content on the Website

We reserve the right to modify the Website Content at any time, but we have no obligation to update the Website Content.

4.Residential Program

To avail the Services provided through the Website or to Participate in any of the Residential Programs (defined below) conducted by the Foundation, you can contact us by email or telephonically as per the details set out at https://tejgyan.org/Contact-Us.

As one of its facilities, the Foundation conducts multiple days residential program and/ or retreat as per the policy of the Foundation ("Residential Program") for its Participants. The Foundation reserves its rights to refuse or terminate your participation to Residential Program, at its sole discretion. The Participants are required to provide the relevant information for registering for any Residential Program. The Participants are expected to comply with the code of conduct "TGF Code of Conduct" during the Residential Program. You acknowledge that the Foundation may at its sole discretion change or amend the number of days of the Residential Program.

5.Access to the Website:

By accessing or using the Website, or registering for a Website, you represent and warrant that you are of the age of majority in the jurisdiction in which you reside. As a minor, if you wish to use any Services or access the Website, such use or access shall be made available to you by your legal guardian or parents, who have agreed to these Terms. In the event, a minor access or uses the Website at any time, it is assumed that such a minor has obtained the consent of the legal guardian or parents. The Foundation reserves the right to terminate your access to the Website and/or refuse to provide you with access to the Website if it discovers that you are a minor and you do not have the consent from your parent/legal guardian to access or use the Website or any information provided by you is inaccurate or for any other reason at the Foundation’s discretion. You agree to:

a. provide accurate, authentic and true Personal Information about yourself as sought,

b. be fully responsible for all actions with the Foundation.

You shall agree to comply with the necessary requirements of the programs available on the Website, amended or modified from time.

Accessing, browsing, subscribing or any other action you undertake with respect to the Website does not deem to make you a trustee, associate, volunteers, representative, staff, healer, coach, trainer or counsellor of the Foundation for any purposes whatsoever, nor shall you have any of the rights associated with the Foundation.

6. Social Media Features

This Website may provide certain social media features that enable you to: a. Link from Your own or certain third-party websites to certain content on this Website. b. Send e-mails or other communications with certain content, or links to certain content, on this website. c. Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: a. Cause the website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. b. Link to any part of the website other than the homepage on any social media. c. Otherwise take any action with respect to the materials on this website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

7. Donations:

Whether You are a Participant or User, You may elect to pay donations ("Donations") to the Foundation as directed on the Website at https://tejgyan.org/Donation. After filling the accurate details sought, you will be directed to the payments page. Payments can be made in Indian Rupees (INR), United States of America Dollars (USD) or such other currency as directed by the Foundation. All donations are inclusive of any applicable taxes unless stated otherwise. The Foundation provides Services and arranges for programs and retreats for its Participants basis the Donations. You agree to follow the necessary preparatory discourses, courses or programs as recommended by the Foundation, without challenging the same.

You understand that the Foundation shall not refund the Donations made by you vide its Website, for any reason whatsoever.

8. Intellectual Property Rights

The Website and all the rights including but not limited to intellectual property rights existing or developed, whether in present or in future, Website Content under or in relation to the Website are owned by solely the Foundation and its trustees or affiliates etc. as the case may be. Nothing contained in this section shall be deemed to grant you any rights to the intellectual property rights contained on the Website.

If the Foundation receives any intellectual property right infringement claim notification, the Foundation may remove all such Website Content and/or Third-Party Content which is indicated as infringing and/or take any other appropriate action at our sole discretion.

9. External links and Advertisements

External links may be provided for your convenience, but they are beyond the control of the Foundation and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. The Foundation shall not be held liable under any circumstances with respect to such external links including, but not limited to: any infringement, errors, damages, fraud, misrepresentations, inaccuracy, direct or indirect losses, future business loss, liability, claims or omission of information or details posted, or any link accessible or made available through this Website. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Third Party Content

This Website may include content including but not limited to YouTube videos, inspirational posts, text, audios, feedbacks, testimonials, social media content, blogs, opinions or otherwise ("Third Party Content") provided by Participants, Users or any third party. You are aware the party posting such information is solely responsible for Third Party Content and as such it does not necessarily reflect the opinion of the Foundation. The Foundation is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The User, Participant or third party uploading Third Party Content shall ensure:

a. The material shall not hurt any religious or social sentiments of any third parties.

b. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

c. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

d. Infringe, violates or misappropriates any intellectual property or other rights of any other person.

e. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy .

f. Be likely to deceive any person.

g. Promote any illegal activity, or advocate, promote or assist any unlawful act.

h. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

i. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

j. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

k. Give the impression that they emanate from or are endorsed by the Foundation or any other person or entity, if this is not the case.

The Foundation has right to:

l. Remove or refuse to post any Third Party Content for any or no reason.

m. Take any action with respect to any Third-Party Content that it deems necessary or appropriate, including if the Foundation believes that such Third-Party Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threaten the personal safety of users of the website or the public or could create liability for the Foundation.

n. Disclose the User’s identity or other information about the User to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

o. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.

p. Terminate or suspend the User’s access to all or part of the website for any violation of these Terms of Use.

However, You are aware that the Foundation shall not be obligated to review Third Party Content before it is posted on the Website, and as such the Foundation cannot ensure prompt removal of objectionable material after it has been posted. You agree that You are solely responsible for Third Party Content that is made available on the Website, and the Foundation shall not be responsible and/or liable for any consequences arising from such use.

11. Confidentiality

Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the features, functionalities, processes, data and information regarding the Website, or other information of a confidential nature disclosed by the Foundation to the other party including but not limited to any viewers, visitors, Participants or any third parties under these Terms, in any form ("Confidential Information"). Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without use of Confidential Information; (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms. We will keep any personal information shared by you, confidential and only use it as per the terms of our Privacy Policy.

12. Indemnification

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:

a. Your misuse of the features/Services available on the Website;

b. Any breach of these Terms;

c. Any breach of applicable laws, rules and regulations;

d. Any Third Party Content uploaded or made available on the Website breaches, violates or misappropriates (whether threatened or actual) any third party intellectual property rights.

e. Your use of and access to the Services available on the Website, for any illegal purposes or in an unauthorised manner.

13. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE, CHATBOT THE SERVICES AND/OR ANY CONTENT PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION, ITS TRUSTEES, ASSOCIATES, ASSOCIATE, REPRESENTATIVE, STAFF, HEALER, COACH, TRAINER OR COUNSELLOR AND VOLUNTEERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICES AND YOUR USE THEREOF. FURTHER, THE THIRD PARTY CONTENT IS UPLOADED ON THE WEBSITE ON "AS IS" BASIS WITHOUT ANY AUTHENTICATION OR VERIFICATIONS. THE FOUNDATION IS NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALICIOUS CODES, WORMS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SYSTEMS, NETWORKS DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ON ANY WEBSITE LINKED TO IT. FURTHER, THE FOUNDATION DOES NOT WARRANTY THAT THE WEBSITE IS UPDATED FREQUENTLY OR IS IN ANY MANNER ERROR-FREE, UNINTERRUPTED, SEAMLESS OR RELIABLE OR MEETS YOUR REQUIREMENTS OR EXPECTATIONS. THE FOUNDATION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, SUITABILITY, QUALITY, RELIABILITY OR COMPLETENESS OF THE SERVICES OR ANY INFORMATION PROVIDED OR THE DATA SHARED BY OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO THE EXISTING SYSTEMS OR NETWORKS OF THE PARTY ACCESSING THE LINKS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE SERVICES AND USER CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

14. Disclaimer of liability

THE FOUNDATION SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING YOUR COMPANY), AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF THE WEBSITE, ANY PERSONAL INFORMATION CONTAINED ON THE WEBSITE. IN PARTICULAR, NEITHER THE WEBSITE NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE, WHETHER DIRECT OR CONSEQUENTIAL, PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF.

15. Termination

The Foundation reserves the right to terminate your right and access to use the Website with or without any reason whatsoever. Additionally, your right to access and use the Website terminates automatically upon your material breach of these Terms.

16. Prohibited Conduct:

You agree not to engage in any of the following activities:

a. Violating laws and rights:

You may not (i) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (ii) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (iii) circumvent or disable any content protection system or digital rights management technology used in connection with the Website, (iv) rebroadcast or transmit the Website, (v) modify the Website in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from the Website, or by framing, mirroring, or utilizing similar techniques.

b. Solicitation: Unless otherwise agreed with the Foundation, you may not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

c. Disruption:

You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other User's use and enjoyment of the Website; including but not limited by:

(i) uploading or otherwise disseminating any virus, adware, spyware, cyberattacks, malware, payloads, fuzzing, rootkits, trojans, ransomeware, worms, or other malicious code, or

(ii) interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any network, equipment, or server, or

(iii) modifying, merging, revising or enhancing the Website in any way, or

(iv) decompiling, disassembling, reverse engineering the Website in any manner whatsoever.

d. Harming others:

You may not share or transmit content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incite the commission of an illegal or violent act.

e. Impersonation or unauthorized access:

You will not impersonate another person or entity or misrepresent your affiliation with a person or entity when using the Website.

You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Foundation, the Foundation may terminate your right to use the Website and the Services and take any other corrective action as it deems fit.

17. Promotions and Offers of the Foundation

We may encourage Users to participate in certain promotions, programs, discourses, retreats, contests, social media events, memberships ("Promotions") released by the Foundation, from time to time. These Promotions would be at our own discretion. The Promotions may have its own terms and conditions, which will be in addition to these Terms. Promotions cannot be transferred or clubbed. We may request for additional information from the Users if the Users wish to participate in these Promotions.

18. Dealings with Third Party Organizations

You agree and acknowledge that the Foundation shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings or interactions with third party organisations and individuals through the Website. In the event that you have a dispute with one or more other third -party organisation or individuals, you hereby release the Foundation, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.

19. Privacy Policy

Please review the Privacy Policy so that you are aware of how we collect and use your personal information. Our Privacy Policy is located at https://tejgyan.org/privacyStatement, amended or modified from time to time.

20. Miscellaneous

a. Conflict of terms

If there is a conflict or contradiction between the provisions of these Terms and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module, and only to that extent.

b. Severability

Any provision of any relevant terms and conditions including these Terms, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

c. Survival

The Disclaimer of Warranties, the Limitation of Liability, Indemnity and the Jurisdiction and Applicable Laws provisions will survive any termination of these Terms.

21. Applicable laws and Dispute Resolution

These Terms shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between you and us shall be submitted to exclusive jurisdiction of the courts at Pune, India.

22. Electronic Record

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Terms of Use for access and usage of the Website.

23. Change in Terms:

We may update these Terms without notice to you. You are encouraged to check these Terms on a regular basis to be aware of the changes made to it. Your continued use of the Website after such change shall be deemed to be your acceptance of the revised Terms.

The Terms were last modified on August 2021.

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