Please read these terms of service carefully before using OYoga services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THE FOLLOWING TERMS OF SERVICE AND PRIVACY POLICY GOVERN YOUR ACCOUNT AND USE OF SERVICES ON OYoga.COM.
OYoga (hereinafter referred to as "Company" or "We" or "OYoga") operates https://oyoga.online website and provides services including but not limited to class management, payments, subscriptions, and customer relationship management (hereinafter referred to as "Services").
By signing up to use the OYoga website or any of the Services of OYoga, you agree to be bound by the following terms and conditions (hereinafter referred to as "Terms of Service") as may be amended from time to time. You must read, agree with, and accept all of the terms and conditions contained in this Terms of Service agreement, as well as the Privacy Policy (https://Oyoga.online/privacy) incorporated herein by reference, before you use the Services or create an OYoga account ("Account").
Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. OYoga reserves the right to update and change the Terms of Service by posting updates and changes to the OYoga website. We recommend that you check the Terms of Service from time to time for any updates or changes that may impact you. Our continued use of or access to the website following the posting of any updated terms constitutes acceptance of those updated terms.
A breach or violation of any of the Terms of Services will result in an immediate termination of your Account.
You agree to the following terms relating to your account:
Subject to section 2.1, the person signing up for the Services will be the contracting party ("Account Owner" or "You") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Services.
If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
The following general conditions apply to your use of the Services:
Questions about the Terms of Service should be sent to admin@oyoga.online.
The following are OYoga’s rights in regards to the Services and these Terms of Service:
Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.
a. We do not claim any intellectual property rights over the material you provide to the OYoga Services including Activity. All material you upload remains yours. You can remove your OYoga site at any time by deleting your account, and we will delete your Activity in accordance with our Privacy Policy.
b. You retain ownership over all content that you submit to an OYoga site, including compliance of your Activity with any applicable laws or regulations.
c. By uploading Activity, you agree: (A) to provide OYoga the right to display and store your Activity; (B) to allow other internet users to view your Activity; and (C) that OYoga can, at any time, review all the Activity submitted by you to its Services.
d. You acknowledge that, in order to ensure compliance with legal obligations, We may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms of Service. We may also prevent access to or refuse to display content that we reasonably believe violates the law or these Terms of Service. OYoga has no obligations to monitor or review any content submitted to the Services by you or any other person.
e. Any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services, site, proposed services, documentation or business (“Feedback”) that you provide to OYoga will be owned by OYoga and you hereby waive any claim you have to ownership, compensation, monetary or otherwise, for providing the Feedback and for OYoga’s use of your Feedback.
f. You hereby grant OYoga a non-exclusive right to use your trade-names, trademarks, service marks, trade dress, and logos to promote the OYoga service.
g. We will not disclose your Confidential Information to third parties, except as required in the course of providing our Services. “Confidential Information” includes any materials or information provided by you to us which is not publicly known. Confidential Information does not include information that: (A) was in the public domain at the time we received it; (B) comes into the public domain after we received it through no fault of ours; (C) we received from someone other than you without breach of our or their confidentiality obligations; (D) we are required by law to disclose; or (E) that you have given your consent or instructed us to disclose.
h. If you remove content, delete your account or if these Terms of Service are terminated, we will be permitted to retain a copy, including archives, of your Confidential Information or any information that is related to your account (including Content and personal information) if such retention is necessary to meet our legal and compliance obligations.
a. We will charge you a fee based on your account plan. Services will be billed monthly. When your billing period is over, the Account Owner will be sent an invoice via the email provided.
b. Account Owners must dispute any discrepancies or errors in their invoices within three (3) days of their receipt of an invoice/bill.
c. Account Owners shall pay the invoice within seven (7) days of their receipt of an invoice / bill.
d. All fees are exclusive of applicable governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
e. We do not provide refunds.
a. Payments Platform. OYoga offers access to a payments platform through which you may process payment transactions with your students or other users (“OYoga Payments”). We use a third party payments processor and platform provider like Razorpay Software Private Limited (“Razorpay”) to facilitate OYoga Payments (the “Provider”). We reserve the right to change the Provider at any time, in which case you agree to take whatever steps as we may advise in order to migrate the OYoga Payments service to another Provider.
i. We will deposit the amounts actually received by us for transactions submitted through OYoga Payments (less any applicable fees and Chargebacks, defined below) into your designated bank account in accordance with the payout schedule in your OYoga plan. Your payout schedule is subject to change at the sole discretion of OYoga. Payouts for new customers may be delayed while we verify your account.
ii. You are responsible for monitoring your transactions and ensuring that our payments to you are correct. You must notify us of any errors in payments made to you within seven (7) days of the error first appearing on your electronic transaction history. Failure to notify us of such an error in accordance with these Terms of Service will be deemed a waiver of any right to amounts owed to you.
iii. We may delay settlement if we need to conduct an investigation or resolve any suspicious activity or pending dispute related to any transaction or your account, for the entire time it takes for us to do so. We also may defer settlement or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entities.
i. The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback”) if the transaction (A) is disputed by one of your students or other users, (B) is reversed for any reason by a payment card network (defined below), our Provider, or a payer’s or our financial institution, (C) was not authorized or we have any reason to believe that the transaction was not authorized, or (D) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service.
ii. For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve (defined below). We may deduct the amount of any Chargeback and any associated fees, fines, or penalties assessed by the card-issuing bank or organization or our Provider from your bank account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay settlement of future transactions. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under these Terms of Service until such time that (A) a Chargeback is assessed due to a user’s complaint, in which case we will retain the funds, (B) the period of time under applicable law or regulation by which the user may dispute that the transaction has expired or (C) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any amounts due to OYoga under these Terms of Service that are unpaid by you.
iii. If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including without limitation, by (A) establishing a processing fees, (B) creating a Reserve (defined below) in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (C) delaying settlement and (D) terminating or suspending your access to OYoga Payments or other Services.
iv. Any bank account or payment card information may be held by OYoga in order to satisfy any account balances, disputes, refunds, Chargebacks or other liabilities or obligations after leaving or terminating OYoga Payments or any other Service offered under these Terms of Service.
We may at any time in our discretion designate an amount of funds that you must maintain in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under these Terms of Service. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other indications of performance problems related to your use of OYoga Payments or other Services. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unfulfilled services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or our Provider may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your account, including but not limited to any funds (A) due to you under these Terms of Service or (B) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under these Terms of Service, including without limitation for any reversals of deposits or transfers made to your bank account.
i. You agree to process returns, and provide refunds and adjustments, for your goods or services through OYoga Payments in accordance with these Terms of Service and any applicable payment card network rules or our Provider’s terms. Payment card network rules may require that you will (A) maintain a fair return, cancellation or adjustment policy, (B) disclose your return or cancellation policy to customers at the time of purchase, (C) not give cash refunds to a customer in connection with a card sale, unless required by law and (D) not accept cash or any other item of value for preparing a card sale refund. You are responsible for knowing and adhering to the payment card network rules applicable to you, and OYoga will not be liable for any violation by you of the payment card network rules.
ii. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the user for postage that the user paid to return merchandise, if applicable. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the user, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to thirty (30) days from the day you accepted the payment. Transaction fees are also refunded, so the full purchase amount is always returned to your user.
Even if OYoga handles disputes, Chargebacks or refunds on your behalf through OYoga Payments, you are solely responsible for all customer service issues relating to your services, including pricing, fulfilment, cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from OYoga. As between you and OYoga, you are solely responsible for customer service issues relating to your account.
Where RazorPay is the Provider, the following provisions will apply:
i. To connect to our platform and process payments through RazorPay we will create a RazorPay account (a “RazorPay Linked Account”) for you that is connected to the OYoga Payment platform. You will be required to accept the terms of any documentation that RazorPay may require (the “RazorPay Documentation”). You agree to comply with the RazorPay Documentation and not to engage in any activity that is expressly prohibited by the RazorPay Documentation. RazorPay processes your personal information in accordance with its own privacy policy, available here: https://razorpay.com/privacy. RazorPay may deny the creation of a RazorPay Linked Account or may suspend or terminate a RazorPay Linked Account, in its discretion in accordance with the RazorPay Documentation.
ii. You agree that we can directly access your RazorPay Linked Account dashboard, including information about your transactions (including purchases and refunds) and RazorPay account balance (your “Linked Account Data”), in order to collect fees, process payments and refunds, handle disputes, process Chargebacks, and any other activity necessary to provide RazorPay Payments or other Services in accordance with these Terms of Service and our Privacy Policy, and you give us express authorization to conduct any of the above activities on your behalf through your RazorPay Linked Account.
iii. We may exchange Linked Account Data with RazorPay as necessary to detect and prevent fraud, misuse, unlawful, abusive or deceptive activity, and otherwise to allow OYoga and RazorPay to each comply with our legal and regulatory obligations.
iv. You represent and warrant that all information provided to OYoga or RazorPay in connection with the creation or maintenance of a RazorPay Linked Account is true and accurate in all material respects at all times. You will be responsible for any loss or liability incurred by OYoga due to activity conducted through a RazorPay Linked Account initiated by you or on your behalf, or using your credentials even if not authorized by you, and OYoga may deduct such losses from your RazorPay Linked Account or your OYoga Account, or require you to pay such losses to OYoga.
v. You agree to indemnify, defend and hold harmless OYoga and RazorPay and their respective affiliates from any claims brought by a third party arising out of any activity conducted through a RazorPay Linked Account or arising out of your breach of these Terms of Service or the RazorPay Documentation.
You may cancel your account at any time by emailing admin@oyoga.online and then following the specific instructions indicated to you in OYoga’s response. Once cancellation is confirmed, all of your Activity will be immediately deleted from the Services. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so. If you request that your Activity be deleted, OYoga will not be held responsible for any data that is lost. As noted in section 6, above, if you remove Content, we may retain a copy if necessary to meet our legal and compliance obligations.
If you cancel the Services in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid, you will not be charged again.
We reserve the right to modify or terminate the Services for any reason, without notice at any time.
Fraud: Without limiting any other remedies, OYoga may prevent you from creating an account or suspend or terminate any account that you create if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services.
Prices for using OYoga are subject to change upon 10 days' notice from OYoga. Such notice may be provided at any time by posting the changes to the OYoga Site (www.oyoga.com) or the administration console of your OYoga site via an announcement.
OYoga reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice. OYoga shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
We may provide you with access to, and you may choose to use, third party tools as part of the Services, over which OYoga neither monitors nor has any control or input.
You acknowledge and agree that OYoga provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. OYoga shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of third-party services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
If, at OYoga’s request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service shall be governed by and construed in accordance with the laws of India. Such shall be subjected to the exclusive jurisdiction of the competent courts of Bangalore, India.
You can review the most current version of the Terms and conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Your questions and feedback on the Terms of Service can be sent to admin@oyoga.com
In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the name and contact details of the Grievance Officer are provided below:
Name: Anup Krishna
Email: admin@oyoga.com