Terms of Use


TERMS OF USE

 

Effective & Last updated  20th  January 2020

 

The domain name www.thenewclearwoman.com hereinafter referred to as ("Website")  and also includes mobile application is owned by Navel Consciousness (OPC) Pvt. Ltd a company incorporated under the Companies Act, 2013 with its registered office at Flat No 309, Madhukunj Apartment, Lane No 8 Koregaon Park, Pune – 411 001.

 

Your use of our website and any services offered by Navel Consciousness (OPC) Pvt. Ltd (“Services”) and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable privacy policy and other policies which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with Navel Consciousness (OPC) Pvt. Ltd and these terms and conditions including the privacy policy and the policies constitute your binding obligations, with Navel Consciousness (OPC) Pvt. Ltd.

 

Definition of "user" or "you": means any person who accesses or avails of this website and definition of “we", "us", "www.thenewclearwoman.com means Navel Consciousness (OPC) Pvt. Ltd.

Please review our Privacy Policy, which also governs your use of the Website, to understand our practices.

  1. ELIGIBILITY

Use of the Website is available only to persons who can form legally binding contracts under the applicable law. Persons who are "incompetent to contract" within the meaning of the applicable law including minors, un-discharged insolvents etc. are not eligible to use the website. If you are a minor in your jurisdiction, you shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. We reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are  incompetent to contract..

  1. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If you use our Website, you shall be responsible for maintaining the confidentiality of your Login ID and Password and you shall be responsible for all activities that occur under your Login ID and Password. You agree that 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, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on our Website and mobile application without any prior written notice and refuse to provide you with access to the Website and the mobile application.

  1. COPYRIGHT AND TRADEMARKS

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Website (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on the Website  are the property of Navel Consciousness (OPC) Pvt. Ltd and are protected under applicable Indian laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

  1. RESTRICTED USE OF CONTENT

You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Website or any content thereon. You may not distribute any part of the Website  or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale.

 

We are concerned about the integrity of our Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our Website. Neither you nor any third party shall make use of the contents of our Website in any manner that constitutes an infringement of our rights, including copyright.

 

We grant you permission to only access and make personal use of the site and you agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on our Website, or any portion of it, or decompile, reverse engineer or disassemble any software or other products or processes accessible at our Website.

 

We forbid you from; any collection and use of any product listings, books, materials, descriptions, or prices; any derivative use of our Website or its contents; any downloading or copying of account information for the benefit of any other merchant.

 

You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Website.

  1. Paid Services

Any content or material available on the Website can be availed only by registered Users who have either made one time purchase or registered under a subscription model ("Subscription User"). You may need to register Yourself on the Website to avail these services on a subscription model ("Subscription"). To become a Subscription User, You may be required to provide certain personal information to Navel Consciousness (OPC) Pvt. Ltd  and may be required to make payments ("Subscription Fee") as per the applicable payment plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by Navel Consciousness (OPC) Pvt. Ltd ("Payment Method(s)") that You opted for during registration.

Subject to your compliance with these Terms of Use and Privacy Policy, and your payment of any applicable fees, Navel Consciousness (OPC) Pvt. Ltd grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the content or material. This license does not include any resale or commercial use of any content or material, or its contents or material;; any derivative use of any content or material ; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Navel Consciousness (OPC) Pvt. Ltd. No content or material provided on the Website or on the  workshop or on one to one counselling ,  may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Navel Consciousness (OPC) Pvt. Ltd . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Navel Consciousness (OPC) Pvt. Ltd without express written consent.

  1. NOT RESPONSIBLE FOR LINKED SITES

We are not responsible for the availability or content of other services that may be linked to our Website. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

  1. PROHIBITED ACTIVITIES

As a condition of your use of the Services, you will not use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You shall not post, display, upload, modify, publish, transmit, update or share any information on the Website, that:

  1. Belongs to another person and to which you do not have any right to;
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. Harm minors in any way;
  4. Infringes any patent, trademark, copyright or other proprietary rights;
  5. Violates any law for the time being in force;
  6. Impersonate another person;
  7. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  8. Results in advertising or solicitation to anyone to buy or sell products or services, or to make donations of any kind.
  9. Promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
  10. Discloses any personally identifying information or private information about any third parties without their express consent.

In addition, you are prohibited from doing anything on the website or in respect of the services that:-

  1. Results in spamming, phishing or password harvesting email addresses that have been posted by other users of the Sites.
  2. Uses or attempt to use another person's account, password or services.
  3. Disrupts, interferes with or otherwise violates the security of the website or any services, accounts, passwords, servers or networks related to the website.
  4. Damages, disables, overburdens, or impairs servers, or the network(s) connected to our servers, or interferes with any other party's use and enjoyment of any services.
  5. Attempts to gain unauthorized access to any services, other accounts, computer systems or to any of the services, through hacking, password mining or any other means.
  6. Obtains or attempts to obtain any materials or information through any means not intentionally made available through the services.

 

  1. PAYMENT

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the present limit mutually agreed by you and between "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s.
  1. REVISION OF PRODUCT AND SERVICE:

Prices for our products are subject to change without any prior notice to you. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without any prior notice to you at any time. If you are registered for a long term program, we will send you an email regarding the changes. You reserve the right to continue or discontinue. After we notify you, whether or not you have answered we shall not be liable to you or to any third-party in any manner for any modification, price change, suspension or discontinuance of the Service.

We reserve the right, to limit the sales of our products or services to any person, geographic region or jurisdiction without any prior notice. We may exercise this right on a case-by-case basis at our sole discretion. We reserve the right to limit the quantities of any products or Services that we offer at our sole discretion. We reserve the right to discontinue any product or any promotional offer at any time without any prior notice. We shall not be liable for any loss that may be caused to you or any third party due to such decision.

  1. 10.BILLING AND ACCOUNT INFORMATION:

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, so that we can complete your transactions and contact you as needed. We shall not be liable for any loss that may be caused to you or any third party due to inaccurate information.

  1. 11.REVISION/CHANGES IN THE TERMS AND CONDITIONS:

 

We may alter this Terms of Use to incorporate necessary changes in technology, applicable law or any other variant from time to time by posting revisions on this web page. Such changes will be effective upon posting. Your use of the website/mobile application or services after such notice will be deemed acceptance of such changes. In any case, you are advised to review this Terms of Use periodically to ensure that you are aware of the latest version.

 

  1. 12.SCHEDULE OF PAYMENT:

Some of our services can be utilized for fixed durations. In such cases, it is clearly mentioned within the description of these services. 

 

  1. 13.SHIPPING POLICY :

We try and deliver the products within 15 days after receiving the order. However, we shall not be liable for delayed delivery in case of any force majeure condition.

  1. 14.RETURN, REFUND AND CANCELLATION POLICY:

 

 

 

Sl. No

Product/ Service

Time Period

Cancellation Charges

 

Multi-day retreats/programs with personal presence of Udumbara Gesu under any name including but not limited to The New Clear Woman, Navel Consciousness, where a venue and travel is involved- The said programs conducted at a location situated more than 30 kilometers from Head Office of the Navel Consciousness (OPC) Pvt. Ltd in Pune.

 

Cancellation before 90 days of the scheduled program date.

 

  1. Entire Amount shall be refunded to the account from which payment was made.
  2. In the unlikely event of the program cancellation, the entire fee shall be refunded at any point of time until the date of the event.

All the online (digital) classes/services/products are non refundable and non transferable. As this content once downloaded/viewed is considered used.

 

 

 

 

  1. 15.WE MAY DISCONTINUE OR SUSPEND OUR SITE OR TERMINATE USE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Website (or any part thereof) with or without notice without any liability whatsoever. We reserve the right to suspend / cancel, or discontinue any or all categories, products or service or any part thereof at any time without notice, make modifications and alterations in any or all of the content, products and services, prices, cancellation policies contained on the Website without prior notice.

 

We shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Website. In addition, we reserve the right to terminate your access to our Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our company and of our users as a whole. The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

 

  1. 16.INDEMNITY

You agree to indemnify and hold harmless Navel Consciousness (OPC) Pvt. Ltd and its parents, affiliates, and their respective members, directors, officers, managers, employees, shareholders, and agents,  from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation,  privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms of Use.

  1. 17.LIABILITY

The Website include links and pointers to Internet sites, content and services provided by third parties. Our linking to any third party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through  the website or on web sites linked to by our website Navel Consciousness (OPC) Pvt. Ltd and its affiliates, and their respective members, directors, officers, managers, employees, shareholders and agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms of Use).

Navel Consciousness (OPC) Pvt. Ltd shall not be liable for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation and actions that are not permitted under law.

Navel Consciousness (OPC) Pvt. Ltd shall not be liable for any losses arising out of any event or events beyond our reasonable control, for any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, any loss or corruption of any data, database or software, for any loss or corruption of any data, database or software and for any special, indirect or consequential loss or damage.

User is put to Notice that Navel Consciousness (OPC) Pvt. Ltd is a One Person Company registered under the provisions of Companies Act, 2013 is an independent juristic entity. In any event Directors, Officers, Key Managerial Persons, Officers and Employees shall not be liable towards any claim of the User against the Navel Consciousness (OPC) Pvt. in connection with use of the Website.

  1. 18.DISCLAIMER

NAVEL CONSCIOUSNESS (OPC) PVT. LTD SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NAVEL CONSCIOUSNESS (OPC) PVT. LTD SERVICES AND THE WEBSITE ARE PROVIDED BY NAVEL CONSCIOUSNESS (OPC) PVT. LTD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NAVEL CONSCIOUSNESS (OPC) PVT. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NAVEL CONSCIOUSNESS (OPC) PVT. LTD SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NAVEL CONSCIOUSNESS (OPC) PVT. LTD SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NAVEL CONSCIOUSNESS (OPC) PVT. LTD  AND THE WEBSITE SERVICES IS AT YOUR SOLE RISK. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAVEL CONSCIOUSNESS (OPC) PVT. LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NAVEL CONSCIOUSNESS (OPC) PVT. LTD DOES NOT WARRANT THAT THE NAVEL CONSCIOUSNESS (OPC) PVT. LTD SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NAVEL CONSCIOUSNESS (OPC) PVT. LTD  SERVICES, NAVEL CONSCIOUSNESS (OPC) PVT. LTD'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NAVEL CONSCIOUSNESS (OPC) PVT. LTD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NAVEL CONSCIOUSNESS (OPC) PVT. LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NAVEL CONSCIOUSNESS (OPC) PVT. LTD SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NAVEL CONSCIOUSNESS (OPC) PVT. LTD SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

  1. 19.DISCLOSURES, VIOLATION AND TERMINATION

You understand that we have no obligation to monitor any bulletin boards, chat rooms, or other areas of the wWebsite through which users can supply information or material. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.

 

We may terminate or restrict your use of the website at any time for any reason without any prior  notice.

 

Any content uploaded by you shall be subject to relevant laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Website, we may terminate your account / block your access to / usage of the Website, and we reserve the right to immediately remove any non-compliant content / comment uploaded by you without any liability and shall further have the right to take recourse to such remedies as would be available to us under the applicable laws.

 

You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site

 

 

  1. 20.RELEASE FORM

By using this Website, our Products and Services, the customers hereby grant the spiritual healers, permission to perform their specific type of spiritual healing techniques on them. These include, but are not limited to: Navel Consciousness and general spiritual counselling. 

By using this Website, our Products and Services, the customers understand that these healing sessions are not a medical interventions, or attempts to cure a physical or mental condition, and that no medical advice will be given. Any treatments rendered will be performed from a spiritual perspective. That none of these programs ask you to discontinue your medical treatments. The customers remain cognizant to seek the advice of a physician or psychologist and also continue their diagnosis and treatment without interruption.

By using this Website, our products and Services, the customers consent that these healing sessions use no drugs, medicines, nor surgical devices, and waive any liability and/or conditions resulting from these sessions.

By using this Website, our Products and services, the customer attest that he/she does not have any known psychiatric or severe emotional problems. The customer further emphasis that he/she solicited their assistance on his/her own free will and volition.

The customer hereby waive his/her rights to any form of litigation or claim of maltreatment as performed by the healers.

  1. 21.ACKNOWLEDGMENT

By using this Website, our Products and Services, the customers hereby agrees  that he/she has read the above Terms of Use and understand that he/she may experience  catharsis, changes in point of views, most positive and possibly a few temporarily discomforting realisations of truth. These changes are normal to the healing treatment.

By using this Website, our Products and Services, the customer acknowledge that he/she has been informed of these potential changes. The customer will do his/her best to report any situation to the healer in order that they can provide the necessary guidance for the customer to properly deal with the condition reported.

The User hereby acknowledges that the contents, information, products, services, seesions, workshops, courses and any other information on the website is not intended in any way to be replacement or substitution of a health care professional such as doctor or therapist.

  1. 22.MISCELLANEOUS

These Terms of Use shall be governed by and construed in accordance with the laws of India without giving effect to any of its conflicts of law provisions. You agree that any cause of action relating to your use of the Sites must be filed in the courts located of Pune in India.

 

We may transfer its rights and obligations under the Terms of Use at any time without notice.

 

Any failure by us to enforce or exercise any provision of these Terms of Use shall not constitute a waiver of that right or provision. In the event of termination of these Terms of Use for any reason, the provisions entitled Disclaimers, Liability, Indemnification, and other provisions for which survival is equitable or appropriate, shall survive.

 

  1. 23.GRIEVANCE REDRESSAL

Any complaints. or concerns with regards to the processing of information provided by you or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing by email to  Grievance Officer at [email protected].

 

 

 

 

 

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