IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS APP / SOFTWARE.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 EULA is betweenSpiritual Wellness Revolution Private Limited (hereinafter referred to as SWRPL) and the User of the App named Vedic Healing Mantra (Hereinafter referred to as “the App” or “VHM”). This EULA is in respect of only the App mentioned herein.
For the purposes of this EULA, the term User means and includes any person who after agreeing to this EULA, downloads or uses the App mentioned herein from a Device owned or legally possessed by him / her. TheApp is for personal use and therefore this EULA is not enforceable bybody corporates and Association of persons,by whatever name called, and by any individual using the APP to develop his business or uses it for the purposes of /in course of his business.
The term “YOU”/ “Your” appearing in this EULA means the User of the APP mentioned herein. In case the User is not the person downloading this APP or is not the person who actually read this EULA, then it shall be deemed that such person downloading the APP has apprised the User about this EULA and he is deemed to be aware of the Terms and conditions.
MODUS OPERANDI OF THE BUSINESS
The App consists of pre-recorded sounds and instructions including techniques of meditation, mantra chanting and such vedic practices for relaxation of mind and ward off ailments by use of vedic mantra. You may install the App from play store or App store and follow the instructions including payment option.
Your use of VHM indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, SWRPLgrants to you a limited, non-exclusive, non-transferable license, to use the App in accordance with this Agreement but does not give you the right to transfer or sub licence the same. Nothing contained herein shall mean to transfer the title or rights of VHM to you; the license granted to you shall not be deemed to be alienation of title or interest by way of sale or otherwise. This agreement is a binding legal agreement between SWRPL and the users of VHM. Reverse Engineering or decoding of the App VHM shall also amount to an offence as the same is not granted by this EULA.
If you do not agree to be bound by this agreement, uninstall the App immediately from your devices.
You confirm that your device has a robust system / softwares which is sufficient to protect the device from malwares, viruses, Trojans, worms and such other threats (whether of security or otherwise).
2.1 We have currently launched three plans** as mentioned below:
Plan 1: 3 months subscription worth of 799*
Plan 2: 6 months subscription worth of 1299*
Plan 3: 12 months subscription worth of 2499*
Once you select a plan from the available options, you will gain access to the introductory/free trial period of 14 days in which if you don’t like the APP you shall have the option to unsubscribe the plan as per the steps shown in the APP. In case you do not unsubscribe during the said Introductory offer, it shall be your deemed consent to continue with the selected plan and the charges shall be deducted from your account accordingly.
*Prices are shown for illustration purposes only. Prices are subject to change as displayed on APP and shall vary for different locations.
**Plans are shown for illustration purposes only. Plans are subject to change as displayed on APP and shall vary for different locations.
2.2 In case you fail to unsubscribe within expiry of the plan, the subscription shall automatically renewed as per the plan selected. For illustration, if you select a 3 month plan and if the same is not unsubscribed before expiry of the Plan, your subscription shall be renewed for 3 months again and your account will be debited accordingly. In case the Plan is for 6 months, the auto renewal shall be for 6 months and so on.
PLAN SHALL WORK ONLY UPON RECEIPT OF SUCCESSFUL PAYMENT.
VHM and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except the copy that you received upon downloading the APP.
Your license to use VHM is limited to your personal use only. You shall not allow others to use, copy or evaluate copies of VHM. This License is exclusively for non-commercial purposes only. The User shall not indulge directly or indirectly to gain any profits out of theVHM App.
You shall use VHM in compliance with all applicable laws and not for any unlawful purpose.
3.2 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile VHMor any of its version whether in public domain or not. You have no right to create any derivative works or other works that are based upon or derived from VHM in whole or in part.
SWRPL retains sole and exclusive ownership of all right, title and interest in all Intellectual Property rights relating thereto.
Copyright law and International Copyright Order, 1999 provisions protect all parts of VHM, products and services. No program, code, part, image, audio sample, bar codes or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder shall be deemed to be not granted.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website of SWRPL or VHMApp or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposelymade available through the Website or the App. SWRPL reservesits’ right to bar any such activity and prosecute the User for the same.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about SWRPL or the brand name or VHM or domain name used by SWRPL or otherwise engage in any conduct or action that might tarnish the image or reputation, of SWRPL or the App or otherwise tarnish or dilute any SWRPL’s trade or service marks, tradename and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. However, comment or review on personal use experience which amounts to fair criticism can be made provided that the user has availed the paid services. User shall be liable for legal action in case any comment is made or a negative review is written without experiencing the product and with a malafide intention.
In no event (including, without limitation, in the event of negligence) will SWRPL, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, VHM or the use or inability to use VHM or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. The liability of SWRPL shall be limited to the payment received from the user. Vedic Mantra is a matter of belief and is not proved by any scientific device. User discretion is required before taking a decision to start the use of APP. User shall not discontinue any medical treatment or prescription unless advised so by a medical practitioner. This App is not a substitute for doctor’s prescription or line of treatment. SWRPL shall not be liable if User takes a decision to rely on the App and discontinue treatment by medical practitioner.
Except as expressly stated in writing, SWRPL makes no representation or warranties in respect of VHM& expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose or even general purpose.
The APP is based on Mantras and belief and hence there is no authority to verify or check the authenticity of such practices. Hence no claim arising out of failure or non-working of techniques shown in App, will be maintainable. We do not guarantee, warranty or give any kind of assurance about the results, effectiveness, recovery, well being or anything whatsoever upon using the APP. Claims made by us are Advertising spoofs for promotion of the Product and the User is expected to read this EULA before using the App. The Matter of the App is designed as per SWRPL’s own interpretation and knowledge about Mantra and Vedas and therefore no dispute as to correctness of Mantra or Technique of performing or Chanting shall be entertained.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED, UPDATED AND EDITED BY VHM AS WELL.
6. Refund Policy
Except in case a specific money back guarantee is given expressly by SWRPL, payment once received shall not be refunded or returned under any circumstances. However, in case of any excess payments received by SWRPL due to technical failure or any other error, except for negligence of the user, shall be refunded within 14 days from the date of receipt of intimation from the User regarding such excess payment.
SWRPL reserves the right to change its Fee Policy from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the APP. In such an event we reserve the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be intimated by way of APP Updates and such changes shall automatically become effective immediately after the Update is selected for download by the User. Unless otherwise stated, all fees shall be quoted in Indian Rupees or Dollars / Pounds or such other currency for overseas Users. You shall be solely responsible for compliance of all applicable laws including those in India for making payments.
This Agreement shall be governed by Indian law. All disputes are subject to the Courts situated within the local limits of the Mumbai District in state of Maharashtra.
If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the App and destroy all copies of App and Downloaded content supplied under this Agreement.
This Agreement shall be automatically terminable in case the User raises any dispute with SWRPL or its affiliates.
Your privacy is viewed as a very important principle and your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with InformationTechnology Act 2000 and Rules there under. If You object to Your Information being transferred or used in this way please do not use our Website or the App.
All notices, correspondences and any communication shall be deemed to be complete when served by way of email at [email protected] or send by Registered Post Acknowledgement due at Mumbai, Maharashtra, India.
For SPIRITUAL WELLNESS REVOLUTION PRIVATE LIMITED
All rights reserved.