Terms & Conditions

DIVINE WELLNESS (DW) owns this website (the “Site”) and maintains the Site and any content and services offered through the Site for your personal entertainment, information, education, and communication. Your access to and use of this Site and available content or services is subject to the following terms and conditions (Terms and Conditions) and all applicable laws. By accessing and browsing this Site, the content or services, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other
agreements between you and DW, if any, are superseded and of no force or effect.

This Site is not intended for individuals under 18 years of age, and all users wishing to register as Members must be 18 years or age or older.

This Site Does Not Provide Medical Advice

The content of this Site, including multimedia content, available services, text, graphics, images, information, and other materials contained on this Site (the “Content” and “Services”) are for informational purposes only. The Content and Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment from your doctor or health care provider. The employees of DW and the erts/panel members participating with DW are not licensed in Naturopathy or any other medical field. The Content and Services are not intended to be a substitute for professional medical care, advice, diagnosis or treatment. DW offers no health warranties or guarantees of any kind for the Site, the Content and the Services.

You are advised that health advice is often subject to updating and refining due to medical research and developments. DW is committed to bringing you the most up to date information. However, we make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have before starting any yoga, pilates or exercise program or making changes to your diet and/or lifestyle.

Reliance on the Content and/or Services, any information provided by DW, or any information provided by any third party appearing on the Site at the invitation of DW, or other third-party visitors to the Site, is solely at your own risk.

If you think you may have a medical emergency, call you doctor or 911immediately.

Membership

In order to access some or all of the Content and/or Services available through this Site, DW requires you to register as a member of the Site (“Member”). In order to so register, you must read this Agreement and indicate your acceptance during the registration process. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Site (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If
you provide any information 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, DW reserves the right to suspend or terminate your account and membership and refuse any and all current or future use of the Site and any current or future use of the Content or Services (or any portion thereof).

Personal Information

DW collects personal information through the Site from visitors on a voluntary basis. Personal information is only collected with your knowledge (for example,should you register as a Member or voluntarily provide it to us through one of the online forms available on this Site). The personal information you provide and the data you create and save on this Site may be used to provide a service to you. Such personal information will also be used to administer our business, this Site, the Content and the Services in a manner consistent with our Terms and Conditions as well as all applicable laws, rules, regulations, or other legal obligations.

DW may share account or other information to third parties who provide services on our behalf. These parties may use the information solely in conjunction with the specific services they provide for us, such as distribution of a newsletter, consumer survey, responding to a question or comment, or investigation of a complaint.

DW may share personal information or account information or any other information when it believes it is necessary to comply with the law or to protect our interests or property. This may include sharing information with other companies, lawyers, agents or government agencies to comply with a search warrant, subpoena or court order or to protect property or defend or assert legal rights. In the event we are legally compelled to share your personal information for these reasons, we will attempt to notify you unless doing so would violate any law or court order.

Non-Confidential Information

Except where expressly provided otherwise by DW, all comments, feedback, information, or materials that you submit through or in sociation with the Site shall be considered non-confidential. By transmitting or posting any communications or materials to this Site, you agree that DW or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. DW and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without the obligation to notify, identify or compensate you or anyone else.

Submission of Public Comments to the Site

You agree that you will not upload or transmit any communications or content of any type to any message boards, comment sections, Ask an Expert postings or other public area (“Public Area”) that infringes or violates any rights of any party.By submitting communications or content to DW and/or the Public Areas, you agree that all such submissions are non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to DW by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to DW by email, you agree such submission is non-confidential for all purposes.

By submitting any information ("Information") to DW and/or the Public Areas of the Site you grant DW a royalty free, perpetual, irrevocable, world-wide, nonexclusive right and license to: (i) use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Information in all forms of media and in any format, now known or hereinafter created; (ii) grant sublicenses to the Information to third parties; and (iii) transfer, sell, or lease the Information to third parties.

Please note that once you post any content or information to the Public Areas of the Site, it becomes part of the public conversation. DW will not remove any such materials unless we deem them to be in violation of our Terms and Conditions. Please keep this in mind when posting any such content to Public Areas. Any information that you do not wish to be public or used in the manner detailed above should not be posted to the Public Areas or submitted to DW. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You are solely responsible for your reliance on any communications found in the Public Areas. DW is not responsible for the consequences of any communications in the Public Areas

DW reserves the right to remove any member-submitted content entirely at its discretion.

Although DW may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site, DW is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on this Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. DW will fully cooperate with any law enforcement authorities or court order requesting or directing DW to disclose the identity of anyone posting any such information or
materials.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions, in which case DW reserves the right to cancel or suspend your membership temporarily or permanently or otherwise block your access of the Site:

• Using a Public Area for any purpose in violation of local, state, national, or international laws;
• Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
• Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DW in its sole discretion;
• Posting advertisements or solicitations of business;
• After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being
  discussed (unless it is clear the discussion is free-form), as determined by DW in its sole discretion;
• Posting chain letters or pyramid schemes;
• Impersonating another person;
• Distributing viruses or other harmful computer code as determined by DW in its sole discretion;
• Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing
  comments; consent;
• Allowing any other person or entity to use your identification for posting or viewing comments
• Posting the same note more than once or "spamming"; or
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of DW, exposes DW or any of its customers or suppliers to any liability or detriment of any type.

DW reserves the right (but is not obligated) to do any or all of the following:

• Record the dialogue in public chat rooms.
• Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
• Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
• Terminate a users access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions.
• Monitor, edit, or disclose any communication in the Public Areas.
• Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

DW reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. DW has no liability or responsibility to Members or other users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Outside Information, Advertising and Linked Sites

This Site may contain links to other websites (Advertising and Linked Sites). The Advertising and Linked Sites are independent from DW and this Site, and DW may have no control over or responsibility for the information provided or activities undertaken by any such websites. We do not review or endorse Advertising and Linked Sites in any way. DW is not responsible for the content of Advertising and Linked Sites or any off-site pages linked to this Site. Your access to such linked sites and off-site pages will be at your own risk. It is up to you to
take precautions to ensure that such linked sites that you visit and the information you select on them are free of viruses, worms, vermin, trojan horses, and other items of a destructive nature. Visitors to any Advertising and Linked Sites are urged and expected to abide by the terms of use and privacy policies of that particular website.

In general, DW does not object to links to this Site from third-party websites. However, any links from third-party websites must adhere to the following guidelines: (1) you may only link to this Site using the plain text name of the Site and you may not use any of DW’s trademarks, logos or slogans in or with your links, unless expressly agreed to in writing; and (2) you may not present the link to this Site in any manner that suggests DW has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products, services, or content on your website unless DW expressly agrees to your doing so in writing.

DW will not tolerate links from any obscene, scandalous, profane, defamatory, or unlawful website, or any website that may adversely affect the name, reputation and goodwill of DW and/or our products/services. DW reserves the right to cancel permission to link at any time, for any reason.

Copyright

This Site, the Content and the Services belong to DW. When accessing and browsing this Site, you may only download material from this Site which is identified as specifically available for downloading. Any use of such materials is intended for personal, non-commercial use only. With regard to any Content, Services or other information within this Site, you agree not to distribute, modify, transmit, print, duplicate, reuse, re-post, or use the contents of this Site, or portions thereof, for public or commercial purposes, including the text, images, audio, and video, without DWs prior written permission.

Failure to include this notice on any digital or printed copy of the contents of this Site, or portions thereof; unauthorized registration of a claim of copyright on the content of this Site, or portions thereof; adding to or omitting from the content of this Site, or portions thereof, without clearly indicating that such has been done; or profiting from transmission or duplication of the content of this Site, or portions thereof, is a clear violation of the permission given in this notice, and is strictly prohibited. Violators will be prosecuted.

Third-party Copyright

DW neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with DW.

Other Intellectual Property

The trademarks, logos, and service marks, images, illustrations, audio clips video clips, and other multimedia content displayed on this Site (collectively, the Property) are protected by copyrights and other intellectual property rights owned by or licensed to DW and its partners. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use the Property, other than individual, non-profit use, without the prior written permission of DW or such third party that may own rights to such Property. The use of the Property displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited. You are also advised that DW will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for any violation of the above.

No Warranty/Liability

Your access and use of this Site is at your own risk. DW, its employees or any other party involved in creating, producing or delivering this Site, are not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. While all information prepared for this Site was believed to be accurate as of the date prepared, DW makes no warranties or representations as to the accuracy, reliability or content of any information, service or merchandise provided through this Site and
assumes no liability or responsibility for any errors or omissions in the content of this Site. DW also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site. By accessing and browsing the Site, you agree to indemnify and hold DW harmless from all liabilities, claims and expenses, including attorneys fees, that arise from any breach of these terms for which you are responsible, or from the
use of this Site.

DW does not guarantee, represent, or warrant that your use of the Site will be uninterrupted or error-free, and you agree that from time to time DW may remove the Site for indefinite periods of time, or cancel the Site at any time, without notice to you.

In no case shall DW, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of or access to the Site or for any other claim related in any way to your use of the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, DWs liability shall be limited to the extent permitted by law.

DW shall use reasonable efforts to protect information submitted by you in connection with the Site, but you acknowledge and agree that your submission of such information is at your sole risk, and DW hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

Waiver and Indemnity

By using or accessing this Site, you agree to indemnify and hold DW, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of your violation of these Terms and Conditions, your use of the Site, or any action taken by DW as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from DW, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Site, or to take any other action during the investigation of a suspected violation or as a result of DWs conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

Updates to Terms and Conditions

DW reserves the right to update or modify these Terms and Conditions at any time without prior notice. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Membership Account, Password and Safety

Should you choose to register with the Site, you will be required to choose a password and/or username, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DW of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. DW will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Members of DW shall not share, give or sell their password or username to any other person or company. Excessive viewings or logins by any member as determined by DW in its sole discretion will be construed by DW as fraudulent use of the Site, Content and/or Services, and will result in the immediate cancellation of membership without refund.

DW reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at DW’s sole discretion.

Membership Billing And Gift Certificates Purchases

One-month and one-year term memberships are available to Members. By starting your Membership, you are expressly agreeing that DW is authorized to charge you a monthly or yearly membership fee, any applicable tax, and any other charges you may incur in connection with your use of the Site, Content and Services to the payment method you provided during registration (or to a different payment method if you change your account information). Additional charges may include gift subscription purchases you make. The membership fee will be billed at the beginning of your membership and automatically on each renewal thereafter (monthly or yearly) unless and until you cancel your membership. We automatically bill your Payment Method on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st using a monthly subscription, your Payment Method would next be billed on February 28th. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your membership, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Your membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next term’s membership fees to your Payment Method. You may cancel your membership to this Site at any time, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-TERM MEMBERSHP PERIODS.

Members may purchase gift certificates for this Site. Any and all gift certificates will expire 12 months following the email delivery date unless otherwise stated on the gift certificate or by other notification. Gift certificates may not be redeemed for cash value. Any memberships or services purchased using such gift certificates are subject to these Terms and Conditions.

Subscription fees, gift certificates, and any other fees are charged in USD currency. Depending upon your credit cards currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider. Canadian customers will be charged GST (Goods and Services Tax).

Returns And Refund Policy (Memberships)

Full refunds for membership, download and gift certificate purchases can be provided only within 30 days of purchase. No refunds will be made after 30 days for subscription, gift certificate, or any other purchases.

General Terms

DW is currently based in India. DW makes no claims that the Content and/or Services are appropriate or may be downloaded. Access to the Content may not be legal by certain persons or in certain countries. If you access this Site, the Content and/or the Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete
Agreement.

Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with DW, or in any way relating to your use of the Site, resides in the courts of India and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the India in connection with any such dispute including any claim involving DW or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of India without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Severability

If any portion of this agreement between DW and you is held to be invalid, the remainder of this agreement shall remain in full force and effect.

Successors and Assigns

This agreement between DW and you is binding on you and your heirs, executors, administrators and personal representatives.

Contact

Please send any comments to support@divinewellness.com