Terms and Conditions

Ojas Holistic Living, owned and operated by Dietician Pooja Sethi ("Ojas," "we," "us," or "our"), provides virtual holistic wellness and nutritional wellness plans through our website located at https://ojasholisticliving.com/ (the "Site"). All-access and use of the Service are subject to the terms and conditions outlined in these Terms of Service (referred to as the "Terms of Service"). By agreeing to these Terms of Service during your initial log-in to the Service or by accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you should not access, browse, or use the Service.

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At our sole discretion, we retain the right to modify or change portions of these Terms of Service at any time. In such cases, we will post the changes on this page and indicate the date of the last revision. You can access the current and effective copy of these Terms of Service by visiting the "Terms of Service" link on the Site. We will notify you of any material changes through the Service user interface, pop-up notices, email, or other reasonable means. Your continued use of the Service after the date of such changes constitutes your acceptance of the new Terms of Service. It is advisable to review this page to stay informed of any revisions periodically. If you do not agree to abide by these or any future Terms of Service, you should not access, browse, or use (or continue to access, browse, or use) the Service.

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PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY INCLUDE AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. FURTHER, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OJAS HOLISTIC LIVING ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

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Your Privacy

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At Ojas Holistic Living, we highly value and respect the privacy of our users. For more information, please refer to our Privacy Policy, accessible at https://ojasholisticliving.com/privacy/. By utilizing our services, you consent to our collection, use, and disclosure of personal data and other information as the Privacy Policy outlines.

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Additional Terms

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Furthermore, when engaging with specific features through our service, you are bound by additional terms applicable to those features. These terms may be posted on or within the service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

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Access and Use of the Service

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Service Description

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Ojas Holistic Living offers precision nutrition solutions through telehealth and a companion website. Our services cater to users who self-pay for packages, subscription-based access, or Ojas Holistic Living services ("Subscribed Users").

Your Registration Obligations

To access certain features of our Service, registration with Ojas Holistic Living may be required. If you choose to register, you agree to provide accurate and complete information about yourself as prompted by our registration form. Your registration data and other information are subject to our Privacy Policy. If you are under 18 years old, you may use the Service only with the approval of your parent or guardian.

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Member Account, Password, and Security

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You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any activities that occur under your password or account. Please promptly notify Ojas Holistic Living of any unauthorized use or security breach and ensure you log out of your account at the end of each session. Ojas Holistic Living is not liable for any loss or damage arising from your failure to comply with these security measures.

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Modifications to Service and General Practices Regarding Use and Storage

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Ojas Holistic Living may establish general practices and limits for the use of our Service, including data retention periods and storage space on our servers. We have no responsibility for the deletion or failure to store any data or content. Ojas Holistic Living reserves the right to terminate inactive accounts and modify these practices and limits at its sole discretion, with or without notice.

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Conditions of Access and Use

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User Conduct

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The following outlines the acceptable use of the Ojas Holistic Living service. Ojas Holistic Living reserves the right to investigate and take appropriate legal action against individuals violating these provisions, including suspending or terminating accounts and reporting violators to law enforcement authorities. Users agree not to use the Service to:

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• Interfere with or disrupt the Service, servers, or networks connected to the Service.

• Violate any applicable local, state, national, or international laws or regulations.

• Impersonate any person or entity or misrepresent affiliation.

• Harvest or collect email addresses or other contact information for unsolicited communications.

• Advertise goods or services for unauthorized business purposes.

• Promote criminal activity or provide information about illegal activities.

• Obtain content or information through unauthorized means.

• Circumvent content protections or geographic restrictions.

• Engage in data mining, robots, scraping, or similar data-gathering methods.

 

If blocked by Ojas Holistic Living, users agree not to circumvent blocking measures.

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Competitors

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No employee, contractor, agent, or affiliate of any competing nutrition service provider company may view, access, or use any portion of the Service without express written permission from Ojas Holistic Living.

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Fees

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Users acknowledge that Ojas Holistic Living processes payments through Razorpay, a payment gateway aggregator, in the name of Dietician Pooja Sethi. Refunds are permissible within 7 days of purchasing the service by emailing ojasholisticliving@gmail.com or texting on WhatsApp at +91-9717754278. Subscriptions can be cancelled by the user through their account on the website. 

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Payment Processing

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Ojas Holistic Living processes payments through Razorpay on behalf of Dietician Pooja Sethi. Users agree to abide by the refund and cancellation policies specified herein.

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Refunds and Cancellations

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Refunds are permissible within 7 days of purchasing the service by contacting ojasholisticliving@gmail.com or texting on WhatsApp at +91-9717754278. Subscriptions can be cancelled by the user through their account on the website.

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User Membership Terms

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For Users, voluntary enrollment in Ojas Holistic Living’s membership program includes the following terms:

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• Initial sessions are not included in the monthly “membership” sessions in the first month.

• A Rs 500 initiation fee is billed at enrollment.

• Monthly dues are billed on the first of each month.

• Membership sessions do not carry over.

• One reschedule is allowed per month if requested 24 hours before the original appointment.

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Mobile Services and Software

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Mobile Services

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The Ojas Holistic Living Service is accessible via a mobile device browser, allowing users to browse the website and access features. By using the Service, you consent to receive phone calls from a live representative and information via SMS and/or MMS messages sent through an automated telephone dialling system ("Text Service"). You may be required to respond to an initial message to complete your registration and confirm enrollment in the Text Service. If you no longer wish to participate, you agree to notify us directly. Standard message and data rates apply to messages sent or received through the Text Service, and users are responsible for complying with applicable Indian telecommunications and data protection laws.

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Legal Compliance in India

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Ojas Holistic Living is headquartered in India. Users accessing the Service from India or outside India do so subject to compliance with Indian laws and regulations, including the Telecom Commercial Communications Customer Preference Regulations (TCCCPR) and other relevant local laws governing telecommunications, privacy, and electronic communications.

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Special Notice for International Use; Export Controls:

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Users agree to comply with all applicable terms for third-party products and services when using the Service on a mobile device in India, taking into consideration the regulatory framework of Indian telecommunications and data protection laws.

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Intellectual Property Rights

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Service Content

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You acknowledge that Ojas Holistic Living's Service may contain content or features ("Service Content") protected by intellectual property laws. Except as expressly authorized by Ojas Holistic Living, you agree not to modify, copy, distribute, or create derivative works based on the Service or the Service Content. The Ojas Holistic Living name and logos are trademarks ("Ojas Trademarks"), and any other trademarks used in the Service are the property of their respective owners. You may not use Ojas Trademarks without prior written permission. Ojas Holistic Living is not responsible for third-party content and reserves the right to remove objectionable content.

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User Content

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You grant Ojas Holistic Living a license to use your User Content for operating the Service and promotional purposes. You acknowledge that Ojas Holistic Living may use de-identified or aggregated information without restriction. Submissions provided to Ojas Holistic Living are non-confidential and may be used without acknowledgement. Ojas Holistic Living may preserve and disclose User Content if required by law or to protect its rights.

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Third-party services and Websites

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The Service may include Third-Party Services subject to additional terms. Ojas Holistic Living is not responsible for Third-Party Services and encourages users to review privacy policies. Users are responsible for costs associated with Third-Party Services, and their use implies convenience rather than endorsement.

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Health and Medical Service Disclaimer

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Ojas Holistic Living does not provide professional medical services or advice. The Service is not a substitute for medical consultation. Users should seek advice from a qualified medical professional before making health decisions. No doctor-patient relationship is created through the use of the Service.

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Indemnification

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Users agree to defend, indemnify, and hold harmless Ojas Holistic Living from any losses, damages, expenses, claims, or actions arising from their use of the Service, User Content, or violation of these terms.

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Disclaimer of Warranties

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The Service is provided "as is" and "as available." Ojas Holistic Living disclaims all warranties, and users assume all risks associated with its use.

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Limitation of Liability

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Ojas Holistic Living is not liable for indirect, incidental, or consequential damages. In no event will Ojas Holistic Living's total liability exceed the amount paid by the user in the last three months. Some jurisdictions may not allow certain limitations, and in such cases, they may not apply.

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Dispute Resolution By Binding Arbitration

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Agreement to Arbitrate

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You and Ojas Holistic Living agree that any disputes or claims arising from or related to these Terms of Service, the Service, or the relationship between you and Ojas Holistic Living will be resolved through final and binding arbitration, except for individual claims that qualify for small claims court. Both parties waive the right to a trial by jury or participation in class actions. The Indian Arbitration and Conciliation Act, of 1996 governs this Arbitration Agreement.

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Prohibition of Class and Representative Actions

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Claims must be brought on an individual basis, and the arbitrator may not consolidate or join claims of multiple individuals. The arbitrator may award relief only to the individual party involved. This provision does not restrict agencies' rights to seek relief on behalf of individuals.

 

Pre-Arbitration Dispute Resolution

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Efforts should be made to resolve disputes amicably. If unsuccessful, the party seeking arbitration must send a Notice of Dispute to the other party. If not resolved within ninety days, either party may commence arbitration. The arbitrator's decision will not disclose settlement offers until determining the entitled amount.

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Costs of Arbitration

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Arbitration Fees will be governed by the Indian Arbitration and Conciliation Act, of 1996. If not specified, Ojas Holistic Living and the user will equally split fees. Ojas Holistic Living may cover the user's fees if deemed necessary by the arbitrator. Attorney fees will follow applicable rules.

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Arbitration Procedures

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Arbitration will follow the Indian Arbitration and Conciliation Act, of 1996, and the arbitrator's decision is confidential. Hearings will be reasonably located for both parties. The arbitrator can award damages and relief as a court would. A reasoned written decision will be provided.

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Confidentiality

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All aspects of arbitration proceedings, decisions, and awards will be strictly confidential.

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Severability

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If any provision of the Arbitration Agreement is deemed invalid, it will be replaced with a valid provision. If class action prohibitions are invalid, the entire Arbitration Agreement becomes null and void, except for provisions related to public injunctive relief.

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Future Changes to the Arbitration Agreement

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Users may reject future changes to the Arbitration Agreement by notifying Ojas Holistic Living in writing within thirty days.

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Termination

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Ojas Holistic Living may suspend or terminate user accounts or the Service at its discretion, with or without notice, for various reasons. Termination does not relieve users of any obligations.

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General

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These Terms of Service, including incorporated terms, constitute the entire agreement between you and Ojas Holistic Living governing your access and use of the Service, superseding any prior agreements. Users may also be subject to additional terms when using Third-Party Services, third-party content, or third-party software. These Terms of Service are governed by the laws of the Republic of India, with disputes or claims not subject to arbitration submitted to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.

 

If Ojas Holistic Living fails to exercise or enforce any right or provision in these Terms of Service, it does not constitute a waiver of such right or provision. If any provision is found invalid, the court should attempt to give effect to the parties' intentions, and the other provisions remain in full force. Users agree that any claim or cause of action arising from the Service or these Terms of Service must be filed within one (1) year or be forever barred.

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A printed version of these Terms of Service and any electronically delivered notices are admissible in judicial or administrative proceedings. Users may not assign these Terms of Service without Ojas Holistic Living's prior written consent, but Ojas Holistic Living may assign or transfer them without restriction. Section titles are for convenience and have no legal effect. The words "include" and "including" imply no limitation and are followed by "without limitation." Notices to users may be made via email or regular mail. The Service may display notices or links to notices regarding changes to these Terms of Service or other matters. Ojas Holistic Living will not be in default due to circumstances beyond its reasonable control.

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Ojas Holistic Living will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riots, epidemics, pandemics, hostilities, war, terrorist attacks, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Ojas Holistic Living’s reasonable control.

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Questions?

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Please contact us at ojasholisticliving@gmail.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.