Terms and conditions

Last updated: 10^th December, 2020

 

Welcome to MConscious app, the online platform of Moxshlife (“Moxshlife” includes the organization Moxshlife and/or its unit “Moxshlife Warriors”). Acharya Mahendranath (Acharya Dr. M. J. Pillai) is the Founder of Moxshlife® and its Unit Moxshlife Warriors (“The Organization”). The MConscious Application (“the Application”) gives exclusive access to the courses in the arts founded by Him including Keimoudo®—Moxsh® Martial Arts, Moxshlife Yoga, and Moxshology®—The Science of Ultimate Liberation ("The Arts").

 

 

As the original purchaser of content sold on MConscious, you are entitled to access and use the content which is identified in the course. In order to access and use this content, you must register on the Application and create a password to use in accessing the content on the application.

 

Your password is unique and exclusive to you, and you may not transfer your password to any other person or allow any other person to use your password to access or use content on the Application. You agree to notify the Organization immediately by contacting us on moxshlife@gmail.com if any other person makes unauthorized use of your password. The Organization reserves the right to suspend or revoke your password in the event of any misuse of your password or any use of your password in violation of these Terms and Conditions. In the event of any such suspension or revocation, you will not be entitled to any refund or payment.

 

Upon registration, Moxshlife grants you a non-exclusive, non-transferable, non-assignable, personal license to access and use the content identified in the content you purchased via the Application.

 

Moxshlife will not be liable for any delay or interruption in your access to the Application or any content located on the Application, or for any transmission errors, equipment or software incompatibilities, force majeure or other failure of performance. Moxshlife will use reasonable efforts to correct any failure of performance, but Moxshlife will not be required to make any changes to any equipment or software used by Moxshlife or its contractors or agents to ensure compatibility with any equipment or software used by you. You may not use the Application or the content on the Application for any commercial purpose, including but not limited to the use of any of the content to market or sell goods or services to any person. You agree not to launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application.

 

Moxshife’s MConscious Application gives you the chance to learn The Arts through online courses, which may be videos or live online classes/sessions/discourses/guidance sessions ("Sessions").

 

This Website and/or Application and its content are not directed to persons under eighteen (18) years of age. Moxshlife also conducts online Sessions for Minors (persons under 18 years of age) and the parents/guardians who are 18 years or above must read, understand and accept all these Terms and Conditions of Use as applicable in full to them as well as their child(ren)/ward(s) who will be participating in the sessions.

 

Moxshlife is owned by The Founder, Acharya Mahendranath (Acharya Dr. M. J. Pillai). These Terms & Conditions of Use apply to all of the information, services, websites and/or Applications, offered by Moxshlife, any Moxshlife software, and any applications created by Moxshlife. Please note that the availability of any Moxshlife applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Moxshlife and such social networking site, mobile or tablet device, or internet television or other technology platform.

 

Terms of Use Agreement

Please read the following carefully before using the website, its applications, and/or accessing or signing up for the Sessions:

 

1. Acceptance of Terms

This Agreement sets forth legally binding terms for your use of the Website and/or Application. By accessing the Website and/or Application, you state that you are aware of and agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website and/or Application) or you are a “Participant” (which means that you have registered on the Website and/or the Application as a participant/student/user/member). If you do not accept the terms of this Agreement, you should leave the Website and/or Application and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website and/or Application. You agree to be bound by any modification to this Agreement when you access the Website and/or application after any such modification is posted; it is therefore important that you review this Agreement regularly.

 

Participants (Adults and minors) who are already members of Moxshlife or Moxshlife Warriors by enrolling for studio-based training in their respective centers or affiliated centers of Moxshlife and/or Moxshlife Warriors and have signed (handwritten official signatures) on the required forms of Moxshlife’s/Moxshlife Warriors’ are bound by both (i) the terms and conditions of use of the online platform set forth herein and (ii) the Terms and Conditions, Rules and Regulations, and Declarations stated in the signed forms of Moxshlife/Moxshlife Warriors.

 

2. Minors

Moxshlife’s content is not directed to persons under eighteen (18) years of age. However, some of Moxshlife’s courses/sessions are designed for Children in order to promote their good health and well being. However, any person under 18 years of age must register as “minors” under the supervision of their parent/guardian, whose information and consent will be mandatory while registering for the course and it is the Parent’s/Guardian’s responsibility to read, understand, and accept, this Terms of Use and Privacy Policy and they will be held legally responsible for their child(ren)’s ward(s)’ enrolment as Participants in Moxshlife Activities and in all subsequent actions. The Child/Ward will participate under the supervision of the Parent/Guardian in all of Moxshlife’s online Sessions. By providing their information to Moxshlife, Parents’/Guardians’ represent that they are eighteen (18) years of age or older and are taking responsibility for their child(ren)/ward(s) as per this Terms of Use and Privacy Policy.

 

3. General Registration Requirements

If you or your Child/ward wish to become a Participant and use the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under laws of India or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself and/or your child(ren)/ward(s) as prompted by the registration form available on the Website and/or the Application (the “Registration Data”) and (b) maintain and promptly update the 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, Moxshlife 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 on the Website and/or Application is void where prohibited.

 

Content on the Website and/or Application is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, recorded, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Moxshlife. Moxshlife reserves all rights not expressly granted in and to the Website and/or Application and the Content.

 

You may access Website and/or Application and Content as available:

• for your information and your personal use or use by your child/ward;
• as intended through the normal functionality of the Moxshlife Service; and
• for participating in live online training via videoconferencing/Webinar and/or Streaming recorded videos (“Streaming” or “Stream” means a contemporaneous digital transmission of an audio-visual work via the Internet from the Moxshlife Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, recorded, stored, permanently downloaded, or redistributed by the user). Accessing Website and/or Application videos for any purpose or in any manner other than Streaming is expressly prohibited.

 

4. Health & Safety Declaration

I understand that Moxshlife via “The website and application” is here to serve me or my child(ren)/ward(s) by offering training, which may be through videos or live online classes/sessions/discourses/guidance sessions and sharing knowledge of Moxshlife Yoga, Keimoudo—Moxsh Martial Arts, Reiki Energy Healing, and Moxshology—The Science of Ultimate Liberation and any related art/activities to promote good health, self defence, well being and Spiritual Development (“Moxshlife Activities”). In connection with my, or my child(ren)'s/ward(s)'participation in the Moxshlife Activities, I understand, acknowledge and agree as follows:

 

My or my child(dren)'s/ward(s)' participation in Moxshlife Activities is at my and/or my child(ren)’s/Ward(s)’s risk and is entirely voluntary and it is solely my decision to participate or to allow my child(ren)/ward(s) to participate in any activities on Moxshlife.

 

Practice of Moxshlife Activities involves physical movement which may be strenuous, and some of the practice carries risk of injury or medical complication. I am, or my child(ren)/ward(s) is, qualified, fit, and in proper physical condition to participate in Moxshlife Activities. I acknowledge that it is my sole responsibility to confirm that I or my child(ren)/ward(s) have no medical or health conditions preventing me or my child(ren)/ward(s) from participating in Moxshlife Activities. I also acknowledge that it is my sole responsibility to identify a safe and conducive place and environment for my and/or my Child(ren)’s/Ward(s)’ practice during Sessions, and that I and/or my child(ren)/ward(s) will not wear any accessory or jewellery that may cause me and/or my child(ren)/ward(s) harm or injury during their practice, and I agree that I (and my spouse/partner, heirs, relatives, friends, associates, colleagues, and guardians) will not hold Moxshlife and/or its Founder Master, Staff, Teachers, Instructors, Assistant Instructors, Assistants, and/or Volunteers, responsible for any nature of damage, injury, accident, or illness suffered by me or my child(ren)/ward(s), my spouse/partner, heirs, relatives, friends, associates, colleagues, guardians and/or my child/foetus while practicing or applying techniques of Moxshlife Activities at any time in the present or in future.

 

If at any time, I or my child(ren)/ward(s) find the activities are too strenuous or unsafe, I or my child(ren)/ward(s) will immediately discontinue participation in that Session and/or for the entire Activity.  

 

I understand that participating in Moxshlife Activities involves risks of serious bodily injury and possible death, which may be caused by my own or my child(ren)’s/ward(s)’ personal actions while participating in Moxshlife activities. I have full knowledge of the dangers involved and hereby accept full responsibility in participating or allowing my child(ren)/ward(s) to participate in Moxshlife activities.

 

As consideration for my being permitted, or my child(ren)/ward(s) being permitted, to participating in Moxshlife activities, I (and my spouse/partner, heirs, guardians, friends, associates, relatives, colleagues, and legal representatives) release Moxshlife, its Founder Master, Staff, Teachers, Instructors, Assistant Instructors, Assistants, Volunteers, and each of their predecessors and successors and each of their current and former insurers, agents and representatives and the owners/lessors of the premises wherein the Moxshlife activities take place (“Releasees”) from any and all liability and claims for damages arising out of, relating to and/or by reason of my voluntary decision to participate or allow my child(ren)/ward(s) to participate in the Moxshlife activities on Moxshlife website and/or Application including the use of any additional equipment such as Blocks, Cushions, Bricks, martial arts weapons, or any other equipment suggested by the instructor. I further agree that, I will not make a claim against, sue, or attack the property of Moxshlife for injury or damage as a result of my, or my child(ren)’s/ward(s)’ participation in Moxshlife Activities.

 

I understand that I should consult with my healthcare advisor before I, or my child(ren)/ward(s) engage in a physical activity.

 

5. Subscription and Fees

• Moxshlife charges fees—Monthly/Quarterly/Half-yearly/Annual Subscription Fees, Course Fees, Annual Membership Fees, Examination Fees, or any other type of fees for its various courses and Sessions. The entire fees due needs to be paid in the account specified at the Website/Application prior to the commencement of the Course/Sessions. Fees once paid shall not be transferred or refunded under any circumstances. Moxshlife has the right to deny access to the application or Course/Session in case of non-payment or part payment of fees. Participants can renew subscription 15 days prior to the expiry date. If the subscription fee is not renewed in full before the expiry date, you and/your child(ren)’s/ward’s account will be deactivated and you or your child(ren)/ward will not be allowed to participate in future Sessions. Also, it is not Moxshlife’s responsibility to remind you about the renewal of your subscription. All fees paid to Moxshlife are non-refundable and non-transferable in nature.

 

• No Sharing: Participants of Moxshlife may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Participant will be construed by Moxshlife as fraudulent use of the Website and/or Application, which will result in the immediate cancellation of account and deactivation of account without refund. When becoming a Participant, you agree to take all actions possible to protect your username and password from fraudulent use. During live online sessions, only the registered Participant can participate and any additional person(s) joining the Participant and participating in the session, will result in the immediate cancellation of account and deactivation of account without refund.

 

• Fraudulent Use: Moxshlife reserves the right to cancel/deactivate any account it believes has been compromised, or is being used fraudulently, at its own discretion.

 

• If the account is terminated/deactivated due to a violation of this Agreement, Moxshlife is not obligated in any way to reimburse the Participant for the remainder of any paid month/quarter/half-year/year nor will reimbursements be made for account cancellations prior to any monthly, quarterly, half-yearly, or annual renewal date. Participants may cancel their account at any time. Membership must be cancelled prior to the renewal date in order to end membership charges.

 

• Pricing: When you purchase an account subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Moxshlife later increases the price of the account subscription, Membership Fees, and/or Examination fees, or any other fees Moxshlife will notify you. The increase will apply to the next payment due from you after the notice.

 

6. Subscriber Account, Password and Security

While registering on the Website and/or Application, you will be required to choose, and you may be asked for additional information regarding you or your child(ren)’s ward(s)’ account, such as Full name, e-mail address, date of birth, mobile number, billing/residential address, proof of citizenship/photo identity card, photograph, credit card, debit card or account number, and expiration date, etc. You are responsible for maintaining the confidentiality of your and your child(ren)’s ward(s)’ password and account information, and are fully responsible for all activities that occur under your or your child(ren)’s ward(s)’ password or account. You agree to (a) immediately notify Moxshlife of any unauthorized use of your or your child(ren)’s ward(s)’ password or account or any other breach of security, and (b) ensure that you or your child(ren) ward(s) log out from your account at the end of each session. You are not allowed to use another Participant’s account. Moxshlife will not be liable for any loss or damage arising from your failure to comply with this Agreement.

 

7. Prohibited Conduct

You agree not to use, and that your child(ren)/ward(s) will not use, the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:

 

• is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
• provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information from other Participants;
• involves commercial activities and/or sales without Moxshlife’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
• includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
• misbehaves, denigrates, ridicules, or demeans another person; or
• contains a virus or other harmful component.

 

You or your child(ren) ward(s) agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website and/or Application in a manner that sends more request messages to Moxshlife servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

 

8. Responsibility for Content

You and/or your child(ren) ward(s), and not Moxshlife, are entirely responsible for all content that you and/or your child(ren) ward(s) post, email, transmit or otherwise make available via the Website and/or Application. Moxshlife does not control the Content posted via the Website and/or Application and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Moxshlife be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

9. Rejection/Removal of Content

You acknowledge that Moxshlife may or may not pre-screen Content posted on the Website and/or Application, that Moxshlife is not responsible for behaviour or comments of teachers and/or students and/or music on the Website and/or Application, but that Moxshlife shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any or all Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Moxshlife shall have the right to remove from the Website and/or Application any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Moxshlife. If you become aware of misuse of the Service by any person, please contact Moxshlife.

 

10. Termination or Suspension of Account

You agree that Moxshlife may at any time and for any reason, including a period of account inactivity, terminate your or your child(ren)’s Ward(s)’ access to Moxshlife Services, or restrict or suspend your or your child(ren)’s Ward(s)’ access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.

 

11. Preservation/Disclosure

You acknowledge, consent and agree that Moxshlife may access, preserve and disclose your and/or your child(ren)’s ward(s)’ 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: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Moxshlife, its Founder Master, Staff, Teachers, Instructors, Assistant Instructors, Assistants, Volunteers, Members and the public; or (f) pursuant to the terms of the Privacy Policy.

 

12. Security Components

You understand that the Website and/or Application and software embodied within the Website and/or Application may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Moxshlife and/or content providers who provide content to Moxshlife. You or your child(ren) ward(s) may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website and/or Application.

 

13. Intellectual Proprietary Rights

All materials on the Website and Application, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by the Founder Acharya Mahendranath (Acharya Dr. M. J. Pillai), or by third parties that have licensed or otherwise provided their material to Moxshlife. You acknowledge and agree that all Materials on the Website and Application are made available for limited, non-commercial, personal use only. No Material may be copied, reproduced, recorded, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Moxshlife’s prior express written permission. You or your child(ren)/ward(s) may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website and/or Application or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

 

You hereby grant permission to Moxshlife and/or Moxshlife’s Staff, Teachers, Instructors, Assistant Instructors, Assistants, and/or Volunteers to record for promotional, commercial and/or educational purposes in multiple media, including the Internet using audio, video, and/or still photography part or whole of some or all of the “Live” Sessions in which you and/or your child(ren)/ward(s) are participating. In case of any misuse or unauthorised or fraudulent access, reproduction, recording, republishing, selling, downloading, posting, transmitting, or distribution of the above-mentioned recorded content by anyone, you will not hold Moxshlife, its Founder Master, Staff, Teachers, Instructors, Assistant Instructors, Assistants, and/or Volunteers responsible/liable for the same.

 

14. Non-commercial Use

The Service may not be used in connection with any commercial purposes, except as specifically approved by Moxshlife. Unauthorized framing of or linking to any of the Website and/or Application is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Participant profiles and Content without notice and may result in termination of account privileges.

 

15. License to Your Content

By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website, the Application or the Service, you hereby grant to Moxshlife a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website and/or Application, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you or your child(ren)/ward(s) have Posted, but Moxshlife has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on the Websites/application’s servers after the Content appears to have been removed from the Website and/or Application, and Moxshlife retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Website or the Application, or Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Website and/or Application or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

 

16. Moxshlife and Third Parties

Our Website and Application contains Content of Moxshlife, and Content of third-party licensors to Moxshlife (including content provided by users of the Website and/or Application, as described above), which is protected by copyright, trademark, patent, trade secret and/or other laws. Moxshlife owns and retains all rights, title and interest in the Moxshlife Content. Moxshlife hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Moxshlife Content and any third party Content located on or available through the Website and/or Application or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and/or Application and using the Service. Except for Content posted by you or your child(ren)/ward(s), you or your child(ren)/ward(s) may not in any manner copy, record, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website and/or Application or Service.

 

Any dealings with third parties included within or on the Website or in the Application involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Moxshlife is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website and/or Application does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Moxshlife, its Founder Master, Staff, Teachers, Instructors, Assistant Instructors, Assistants, and/or Volunteers, independent contractors, agents or other representatives. Any reference to any third party on the Website and/or Application is provided to you for informational purposes only. Moxshlife encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Moxshlife works to ensure the information on the Website and/or Application is current and accurate, Moxshlife does not warrant the accuracy of any information contained on the Website and/or Application or its fitness for any particular purpose.

 

17. Other Sites

Our Website and/or Application may contain links to other sites owned by third parties (i.e. advertisers, media websites, information references, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Moxshlife does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third-party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply Moxshlife’s endorsement of such third-party website. If you decide to access any such linked website, you do so at your own risk.

 

18. International Use

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.

 

19. Privacy Policy

Moxshlife respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Moxshlife’s Privacy Policy. A complete statement of the current privacy policy can be found in Moxshlife’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

 

20. Infringement Policy

Moxshlife reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website and/or Application by any user who is alleged to have infringed on the intellectual property rights of The Founder Acharya Mahendranath (Acharya Dr. M. J. Pillai) or of a third party, or otherwise violated any intellectual property laws or regulations. Moxshlife may investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Moxshlife to delete, edit, or disable the material in question, you must provide Moxshlife with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Moxshlife to locate the material; (d) information reasonably sufficient to permit Moxshlife to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Moxshlife by e-mail with a return receipt acknowledgement.

 

21. Subscriber Disputes

You are solely responsible for your interactions with other Participants. Moxshlife reserves the right, but has no obligation, to monitor or mediate disputes between you and other Participants.

 

22. Term and Termination for Moxshlife Activities

This Agreement shall remain in full force and effect for so long as it is posted on Moxshlife’s Website and/or Application. You may terminate your subscription at any time, for any reason, by following the instructions on the Website and/or Application.

 

Moxshlife reserves the right to terminate your account or your access to the Website and/or Application immediately, with or without notice to you, and without liability to you, if Moxshlife believes that you or your child(ren)/ward(s) have breached any of the terms of this Agreement, furnished Moxshlife with false or misleading information, or interfered with use of the Website, Application, or the Service by others. You will not be refunded for any of the Services/Products you have purchased prior to the termination of your account.

 

When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your and/or your child(ren)’s/ward(s)’ personal information, settings, saved and completed classes. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.

 

23. Disclaimer of Warranties (A warranty disclaimer is a statement or written document that informs a buyer that the seller is not bound by any warranty guarantees or promises regarding the product.)

You agree that your and/or your child(ren)’s/Ward(s)’ use of the Website and/or Application shall be at your sole risk. The Website and/or Application and the materials are provided “AS IS” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Moxshlife, its Founder Master, Staff, Teachers, Instructors, Assistant Instructors, or Volunteers disclaim all warranties, express or implied, in connection with the Website and/or Application and your and/or your child(ren)’s/Ward(s)’ use thereof. Moxshlife makes no warranties or representations about the accuracy or completeness of this Website’s and/or Application’s content or the content of any sites linked to this Website and/or Application and assumes no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or injury to your spouse/partner, heirs, relatives, friends, associates, colleagues, guardians and/or your child/foetus property damage, of any nature whatsoever, resulting from your and/or your child(ren)’s/Ward(s)’ access to and use of the Website and/or Application, (III) any unauthorized access to or use of Moxshlife secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website and/or Application, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website and/or Application by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website and/or Application.

 

Moxshlife does not warrant, endorse, guarantee, or assume responsibility for any product or service which may be advertised or offered by a third party through the Website and/or Application or any hyperlinked website or featured in any banner or other advertising, and Moxshlife will not be a party to or in any way be responsible for monitoring any transaction between you and/or your child(ren)’s/Ward(s) and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

24. Limitation on Liability (A limitation of liability clause (sometimes referred to simply as a liability clause) is the section in a contracted agreement that specifies the damages that one party will be obligated to provide to the other under terms and conditions stipulated in the contract.)

In no event shall Moxshlife, its Founder Master, Staff, Teachers, Instructors, Assistant Instructors, Volunteers, officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, or Prohibited Conduct (mentioned in Clause 7 of this Agreement) directed towards you by any third party and/or or other Participants (II) personal injury, and or injury to your spouse/partner, heirs, relatives, friends, associates, colleagues, guardians and/or your child/fetus or property damage, of any nature whatsoever, resulting from your and/or your child(ren)’s/Ward(s)’ access to and use of the Website and/or Application and or participating in the Sessions, (III) any unauthorized access to or use of Moxshlife secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website and/or Application, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website and/or Application by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your and/or your child(ren)’s/Ward(s)’ use of any content posted, emailed, transmitted, or otherwise made available via the Website and/or Application, whether based on warranty, contract, tort, or any other legal theory, and whether or not Moxshlife is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

You specifically acknowledge that Moxshlife shall not be liable for content posted by Participants/users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

 

Any reference to a person, entity, product, or service on this Website and/or Application does not constitute an endorsement or recommendation by Moxshlife, its Founder Master, Staff, Teachers, Instructors, Assistant Instructors, or Volunteers. Moxshlife is not responsible for any third-party content (if any) on the Website and/or Application or third-party web page accessed from this Website and/or Application, nor does Moxshlife warrant the accuracy of any information contained in a third-party website or its fitness for any particular purpose.

 

No communication of any kind between you and Moxshlife or a representative of Moxshlife, including its Founder Master, Staff, Teachers, Instructors, Assistant Instructors, or Volunteers shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the Terms of Use.

 

Moxshlife reserves the right to remove any material posted on the Website and/or Application that it determines in its sole discretion is violation of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Website and/or Application.

 

25. Exclusions and Limitations

Those who access or use the Website and/or Application from other countries/jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

 

26. Indemnity

You agree to defend, indemnify and hold harmless Moxshlife, it Founder Master, Staff, Teachers, Instructors, Assistant Instructors, and/or Volunteers, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your and/or your child(ren)’s/Ward(s)’ use or misuse of and access to the Website and/or Application; (ii) your and/or your child(ren)’s/Ward(s)’ violation of any term of this Agreement; (iii) your and/or your child(ren)’s/Ward(s)’ violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your and/or your child(ren)’s/Ward(s)’ use of the Website and/or Application.

 

27. Advertising

This website and/or application may generate income from ads, affiliate links, sponsored content and other paid placements. Moxshlife does not endorse such products/services and is not responsible for their quality.

 

28. Contributors

Upon submission, you (and any third party participants) (collectively, “You”) hereby authorize Moxshlife, its Founder Master, Staff, Teachers, Instructors, Assistant Instructors, Volunteers, and its affiliates, licensees, successors, assigns and designees (collectively, “Moxshlife”) to make, use, exhibit, license, distribute, sublicense and otherwise utilize the submissions (the “Submission”). You expressly agree that Moxshlife and its Founder Master in His sole discretion, shall have the sole and exclusive right, throughout the world and forever to distribute, exhibit, license, edit, change, publish and otherwise utilize, the Submission and/or any portion thereof, by any method(s) and in any and all media now or hereafter known, including via all methods of linear, nonlinear and/or digital exhibition/distribution. You (and any third-party participants) also expressly agree that you and third party participants will not be entitled to any monetary compensation for the Submissions and that the Submissions are original works and have not been published elsewhere.

 

You hereby confirm that you are 18 years of age or older, have read and understand this release, and agree to be bound by its terms. You represent and warrant that all material created by you and/or your child(ren)/ward(s) hereunder, (i) is or shall be original with You, (ii) does not and shall not violate the copyright or any other right of any third party, and (iii) is not the subject of any litigation or of any claim that might give rise to litigation. You understand that Moxshlife will rely on this release in utilizing its rights in the Submission, and hereby indemnifies, releases and discharges Moxshlife, subsidiaries and affiliates from any and all claims whatsoever in connection with any and all uses of the Submission and/or your name, likeness and biographical data as described in this release. You further acknowledge that this release is the entire agreement between You and Moxshlife, and You are not relying on any other promises or representations, whether oral or written.

 

29. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

30. Additional Terms

We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities that may become available through the Website and/or Application, to obtain certain premium Content through the Website and/or Application, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.

 

31. Modification and Discontinuation

At any time, we reserve the right to temporarily or permanently modify, edit, delete, suspend or discontinue the Service of the Website and/or Application (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website and/or Application and/or Service. In the event of the removal of any content from the Application or the termination of the Application, you will not be entitled to any refund or payment.

 

32. Assignment

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Moxshlife without restriction.

 

33. Integration Clause

This Agreement together with the Privacy Policy and any other legal notices published by Moxshlife on the Website and/or Application, shall constitute the entire agreement between you and Moxshlife concerning the Website and/or Application and governs your use of the Website and/or Application and Service, superseding any prior agreements between you and Moxshlife with respect to the Website and/or Application and Service.

 

34. Waiver and Severability of Terms

The failure of Moxshlife to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

 

35. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website and/or Application, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

36. Governing Law and Venue

This Agreement shall be governed by the laws of India. Any claim or dispute between you and Moxshlife that arises in whole or in part from the Website and/or Application shall be decided exclusively by a court of competent jurisdiction located in Thane/Mumbai, in Maharashtra, India.

 

You agree that: (a) the Website and/or Application shall be deemed solely based in Maharashtra and (b) the Moxshlife Website and/or Application shall be deemed a passive website/Application that does not give rise to personal jurisdiction over Moxshlife, either specific or general, in jurisdictions other than India.

 

37. Ability to Accept Terms of Service

You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

 

38. General

Moxshlife reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website and/or the Application following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. Please check the effective date at the top of this page to determine if this Agreement has been modified since you last reviewed it.

 

39. Questions

If you have any questions or comments regarding this Agreement or the Website and/or Application, feel free to contact us by e-mail at moxshlife@gmail.com.

 

BY SELECTING “I AGREE” DURING REGISTRATION, YOU ARE ACCEPTING THE “TERMS AND CONDITIONS OF USE” AND “PRIVACY POLICY” OF THE WEBSITE AND APPLICATION.