Yooyogic.com (hereafter referred to as "Website / Web app") is an online platform which is owned and operated by YooYogic Wellness Solutions Pvt. Ltd. (hereafter referred to as the "Company"). The Website / Web App is a platform for users to engage with professionals/experts in the field of yoga, physical therapies, mental healing, personal development & spiritual wellness and growth (hereafter referred to as "Experts").
Terms and Conditions for the Use of the Website / Web app.
There are certain terms and conditions that govern the use of this Website / Web app.
The "user" shall mean or include the user himself and/or any person authorized to use the Website / Web app on his/her behalf.
Please read the terms and conditions of this Website / Web app carefully before accessing and/or using this Website / Web app. By accessing this Website / Web app, the user is accepting to be bound by the terms and conditions of its use. The terms and conditions of use for this Website / Web app are subject to change and/or modifications by the Company at any time at its discretion and the website / Web app will have no obligation to inform the user about the change or modifications. The use of this Website / Web app after such changes/modifications in the terms and conditions are implemented constitutes acknowledgment and acceptance by the user of its changed and/ormodified terms and conditions.
Accessing the Website / Web app
The user agrees that he/she will use this Website / Web appfor purposes which are in accordance with the laws prevalent in India, or the country from which the Website / Web app is being accessed. The user further agrees he/she will not use the Website / Web appin any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The user agrees that he/she will not use the Website / Web app in any manner that may compromise or put in danger the security of the Website / Web app, render the Website / Web app inaccessible to other users or otherwise cause damage/harm to the Website / Web app or to it’scontent. The user will not change and/or modify the content of the Website / Web app nor use the Website / Web app in a manner which will affect or interfere with the rights of third parties. All information provided by the user for the purpose of registration shall be accurate, correct, current and complete. If the Company believes that the information provided by the user is false and/or misleading, the Company shall be well within its rights to refuse the user access to the Website / Web app and/or to any of it’s resources, information etc. for a temporary or permanent period.
Restrictions on the use of the Website / Web app
The Website / Web app displays variouscontent including text, videos, photographs and other images and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights on this Website / Web app belong to and are owned by the Company. The Company retains all rights, title and interest in the content displayed on the Website / Web app unless otherwise specifically stated. Therefore, the content available on the Website / Web app shall not be copied, distributed, republished, uploaded, posted, circulated or transmitted in any way without the prior written consent of Company, or unless authorized in writing by the Company or unless specifically stated.
The Company and Website / Web app respects the intellectual property of others, and expect the user to do the same.
The Website / Web app shall acknowledge the intellectual property rights of third parties oncontent created by such third parties. The user shall not infringe the intellectual property rights including the copyright of such third party which is displayed on the Website / Web app and in case the user infringes such intellectual property rights of third parties, he/she will indemnify the Company for any loss, damage that may arise by way of proceedings, civil and/or criminal that may be filed against it as a result of the user's use of the Website / Web app or infringement of a third party's intellectual property rights or for any loss or damage to the Company that may arise by such infringement.
The Website / Web app may contain hyper links to other website / Web apps which are not maintained by, or related to, the Company. However, the Company does not endorse or recommend such Website / Web app or thecontent and the Company is not responsible or liable for the website / Web apps or content therein.
No person below the age of 14 is permitted access to this Website / Web app or toregister on this Website / Web app.The Company however shall not be held liable and/or responsible if it is found that a person below the age of 14 has been using the Website / Web app.
The Company is not responsible or liable for the user's use of the internet nor for any problems, viruses etc that may occur while using the Website / Web app or on the downloading of any content from this Website / Web app.
General Representation and Warranty
The user will use this Website / Web app strictly in accordance with the terms and conditions displayed on this Website / Web app and in accordance all applicable laws of country from where the user is accessing this Website / Web app.
The user agrees to indemnify and hold harmless the Company and subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors from and against any and all claims and expenses, loss and damage, proceedings, civil and/or criminal, including advocate's' fees, arising out of the user's use or unauthorized use of the Website / Web app, including but not limited to the violation of the terms and conditions of this Agreement here in. The user shall also indemnify the Company and the aforementioned persons from and against any claims, civil and/ or criminal brought by third parties arising out of the user's use of the information accessed from this Website / Web app.
The user also agrees to hold harmless Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
Breach of Terms and Conditions
Without prejudice to the Company's other rights available under applicable law, if the user breaches any terms or conditions of the Agreement here in, the Company will be well within its right to take such action as it deems appropriate to deal with the breach, including but not limited to suspending or prohibiting the user's access to the Website / Web app, blocking computers using his/her IP address from accessing the Website / Web app and/or bringing civil and/or criminal proceedings against the user.
Conflicts, Arbitration & Resolution
1. In the event a dispute arises between the user and YooYogic, we shall attempt to amicably resolve it through mutual discussions. If the dispute is not resolved for a period of 90 days from the date of the dispute, either party can give a written notice to the other party and declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be New Delhi. The arbitration shall be conducted by a sole arbitrator appointed by YooYogic. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
2. If anyone brings a claim against us related to your actions, content or information on YooYogic, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including legal fees and costs) related to such claim.
3. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or anything on YooYogic, even if we have been advised of the possibility of such damages.
4. You agree to indemnify and hold YooYogic and (as applicable) our parent, subsidiaries, affiliates, owners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
5. In no event shall YooYogic be liable, on account of use (or inability to use) in any form or for any purpose whatsoever, for any damages or losses whether direct or indirect, consequential, incidental or punitive due to inaccuracy, completeness, authenticity or usefulness of any information, product, service, or process, or for contractual, Intellectual Property infringement, Tort or any other reason irrespective of whether YooYogic is aware of or has been informed of the possibility of such damages or losses arising out of the use, existence or inability to use the platform.
The Company makes no express or implied warranties, representations or endorsements whatsoever with respect to the Website / Web app or to the service or thecontent displayed on the Website / Web app. The Company also expressly disclaims all warranties/guarantees with respect to the service provided by the Experts in the field of personal well-being, and/or holistic living, and/or spiritual practices. The Company does not warrant the accuracy or completeness of the content including the content relating to the Experts.
The Company and Website / Web app make no representationor warranty whatsoever as to the willingness or ability of any Expert to give advice, or as to whether the user shall find the advice given by an Expert to his or her satisfaction or whether the Expert will provide any solution to his/her problem or whether the Expert is in a position to deal with the problems of the user.
The Company and the Website / Web app do not recommend any specific Expert or professional and the user is advised to check the credentials of the Expert him/herself if in doubt before using the services of the Experts as the Company will not liable or responsible for any acts of omission or commission by the Expert/s. The Website / Web app is merely a platform to provide access to the Experts and the users to connect and/or interact with each other. It may be noted that the Experts named on the website / Web app are NOT employees nor agents of the Company.
A user is NOT allowed to openly approach / interact and share their concerns/queries/questions with any expert beyond/OUTSIDE this website / Web appor on a public or personal level.
A user is encouraged to be frank and open, however, at any point of time if the content posted by a user is at all abusive, offensive, obscene or harmful in any way, that content shall be instantly removed from the Website / Web app and that user's account can be suspended without notice.
The end user understands that YooYogic,via “The website / Web app” is here to serve him/her by sharing knowledge of yoga, mental and spiritual health and any related activities to promote wellness and good health (“Yoga Activities”). In connection with my participation in the Yoga & wellness activities, the user understands, acknowledges and agrees as follows:
1. Participation in the Yoga & wellness activities is completely voluntary and it is solely the user decision to participate in such activities.
2. The practice of yoga involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. The user is qualified, in good health and in proper physical condition to participate in the Yoga & wellness sessions provided through the website / Web app. The user understands that he/she must judge his/her own capabilities with respect to practicing yoga and will only participate in the appropriate level of sessions that are within his/her limits and capabilities. The user acknowledge that it is his/her sole responsibility to confirm that there is no medical or other reason preventing him/her from participating in the Yoga& wellness sessions. If a user is pregnant, she shall only participate in the Yoga& wellness sessions after discussing the potential risks with her obstetrician. The user shall follow obstetrician’s advice and instructions about whether and to what extent she can participate in the Yoga & wellness activities. The user agrees that she (and her spouse/partner, heirs, and guardians) will hold releasees harmless for any possible injury to the user, her spouse/partner, heirs, guardians and/or my child/fetus.
3. If the user believes any conditions are unsafe, the user will immediately discontinue participation in the Yoga& wellness sessions.
4. The user understands that the participation in Yoga& wellness sessionsinvolves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions while participating in the Yoga& wellness sessions. The user voluntarily participating in the Yoga& wellness sessionswith full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that the user suffer resulting from the acts of anyone at, or acting on behalf of, YooYogic or “the website / Web app”
5. As consideration for the user being permitted to participate in the Yoga& wellness sessions, the user (and his/her spouse/partner, heirs, guardians, and legal representatives) release YooYogic, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, experts, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Yoga Activities take place (“Releasees”) from any and all liability and claims for damages arising out of, relating to and/or by reason of the user’s voluntary decision to participate in the Yoga& wellness sessionsincluding the use of any equipment such as blocks, straps or any other equipment that may be suggested by a YooYogic instructor /expert. The user further agrees that, he/she (and his/her spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of YooYogic or Releasees for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, expert or contractor of YooYogic as a result of his/her participation in the Yoga& wellness sessions. If the user, or anyone acting on his/her behalf, makes a claim against any of the Releasees, the user will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which any may incur as a result of such claim.
Further: physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a YooYogic instructor /expert, is a strenuous physical activity. Accordingly, the user is urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips or by the instructor / expert on the Website / Web app.
YooYogic is not a medical organization and its instructors / expert or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing YooYogic videos. Nothing contained in this Website / Web app should be construed as any form of such medical advice or diagnosis.
By using the Website / Web app you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical, mental, emotional or spiritual. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in sessions and activities from YooYogic, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind – physical, mental, emotional and spiritual against YooYogic, or any person or entity involved with YooYogic, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Most importantly, each and every session that takes place on the platform of Website / Web App of YooYogic will be video recorded for study, quality check, training, monitoring purpose & to resolve any dispute / discrepancy that may arise. The user gives YooYogic complete rights to use & share these videos with internal team members / employees / individual contractors / experts who are working (/ will work) with YooYogic. These Videos may be used to create more content for future videos created by YooYogic.
Also, The YooYogic Website / Web app is not responsibleif the end user session gets obstructed / paused / disconnected in between due to power failure, loss of internet connectivity or any other technical reason, either from the expert’s end or user’s end.
The user as well as expert shall be responsible for the security of their individual passwords however if the Company considers the password to be insecure then the Company will be entitled to require a change in the password.
END-USER ACCOUNT AND DATA PRIVACY
2. YooYogic may by its Services, collect information relating to the devices through which you access the Website / Web app, and anonymous data of your usage. The collected information will be used only for improving the quality of YooYogic's services and to build new services.
3. The Website / Web app allows YooYogic to have access to registered Users' personal email and phone number, for communication purpose so as to provide you a better way of booking sessions and for obtaining feedback in relation to the Experts and their practice.
6. YooYogic shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to YooYogic or to any other person acting on behalf of YooYogic.
7. The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Website / Web app. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify YooYogic of any actual or suspected unauthorized use of the User's account or password. Although YooYogic will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YooYogic or others due to such unauthorized use.
8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or YooYogic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YooYogic has the right to discontinue the Services to the User at its sole discretion.
9. YooYogic may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
10. RANKING ALGORITHM
YooYogic's ranking algorithm for the Experts is a fully automated and these listings of Experts do not represent any fixed objective ranking or endorsement by YooYogic. The ranking is based on the factors such as the type of sessions given by an expert, the number of sessions given by an expertetc. and in no way does the ranking endorse any one particular expert.
YooYogic will not be liable for any change in the ranking of the Experts, which may take place from time to time. The listing of Experts will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. YooYogic in no event will be held responsible for the accuracy and the relevancy of the listing order of the Experts on the Website / Web app.
11. LISTING CONTENT AND DISSEMINATING INFORMATION
11.1 YooYogic collects, directly or indirectly, and displays on the Website / Web app, relevant information regarding the profile and practice of the Experts listed on the Website / Web app, such as their specialisation, qualification, fees, location, and similar details. YooYogic takes reasonable efforts to ensure that such information is updated at frequent intervals. Although YooYogic screens and vets the information and photos submitted by the Experts, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
11.2 The Services provided by YooYogic or any of its licensors or service providers are provided on an "as is" and "as available' basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). YooYogic does not provide or make any representation, warranty or guarantee, express or implied about the Website / Web app or the Services. YooYogic does not guarantee the accuracy or completeness of any content or information provided by Users on the Website / Web app. To the fullest extent permitted by law, YooYogic disclaims all liability arising out of the User's use or reliance upon the Website / Web app, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website / Web app, or any opinion or suggestion given or expressed by YooYogic or any User in relation to any User or services provided by such User.
11.3 The Website / Web app may be linked to the website / Web app of third parties, affiliates and business partners. YooYogic has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such website / Web apps or made available by/through our Website / Web app. Inclusion of any link on the Website / Web app does not imply that YooYogic endorses the linked site. User may use the links and these services at User's own risk.
11.4 YooYogic assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website / Web app or the downloading of any material, data, text, images, video content, or audio content from the Website / Web app. If a User is dissatisfied with the Website / Web app, User's sole remedy is to discontinue using the Website / Web app.
11.5 If YooYogic determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, YooYogic reserves the right to immediately suspend your access to the Website / Web app or any of your accounts with YooYogic and makes such declaration on the website / Web app alongside your name/your center's name as determined by YooYogic for the protection of its business and in the interests of Users. You shall be liable to indemnify YooYogic for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected YooYogic or its Users.
12. SESSION BOOKING AND INTERACTION WITH EXPERTS
12.1 While YooYogic will try to ensure a confirmed session for an End-User who requested a session on the Website / Web app, YooYogic does not guarantee that a patient will get his/her favourite/ preferred expert. Further, YooYogic has no liability if such session is confirmed but later cancelled by Experts, or the Experts are not available as per the given appointment time.
12.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold YooYogic responsible for any such interactions and associated issues. For avoidance of doubt, YooYogic is not involved in providing any well-being advice or diagnosis and hence is not responsible for any outcome between you and the Expert you interact with, pursuant to any interactions on the Website / Web app. If you decide to engage with an Expert, you do so at your own risk. The results of any search you perform on the Website / Web app for Experts should not be construed as an endorsement by YooYogic of any such particular Expert.
YooYogic shall not be responsible for any breach of service or service deficiency by any Expert. We cannot assure nor guarantee the ability or intent of the Expert(s) to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting an Expert.
12.3 Without prejudice to the generality of the above, YooYogic will not be liable for:
- i. Any wrong treatment quality being given by the Expert(s), or any negligence on part of the Expert(s);
- ii. Any type of inconvenience suffered by the User due to a failure on the part of the Expert to provide agreed services or to make himself/herself available at the appointed time, no show by the Expert, inappropriate treatment, or similar difficulties;
- iii. Any misconduct or inappropriate behaviour by the Expert or the Expert's staff;
- iv. Rescheduling of booked session or any variance in the fees charged;
- v. Any medical eventualities that might occur subsequent to using the services of the Expert, whom the User has selected on the basis of the information available on the Website / Web app or with whom the User has booked a session through the Website / Web app.
12.4 Further, YooYogic shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at YooYogic's sole discretion and may be modified or withdrawn at its sole discretion. YooYogic may moderate such feedback at any time. YooYogic shall not be obliged to act in any manner to give effect to the content of Users' feedback, such as suggestions for delisting of a particular Expert from the Website / Web app.
13. NO EXPERT – END USER RELATIONSHIP; NOT FOR EMERGENCY USE
13.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website / Web app (including information provided in direct response to your questions or postings) may be provided by individuals in either the personal growth, personal well-being, alternate therapies, or spiritual sciences profession. The provision of such Information does not create a licensed professional/patient relationship, between YooYogic and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate well-being care from a qualified Expert.
13.2 It is hereby expressly clarified that, the Information that you obtain or receive from YooYogic, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website / Web app is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, Expertise or other information provided on the Website / Web app. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
13.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person's behalf), please contact an ambulance service or hospital directly.
14. CONTENT OWNERSHIP AND COPYRIGHT; CONDITIONS OF ACCESS
14.1 The contents listed on the Website / Web app are
(i) Expert generated content, or
(ii) belong to YooYogic.
The information that is collected by YooYogic directly or indirectly from the End-Users and the Experts shall belong to YooYogic. Copying of the copyrighted content published by YooYogic on the Website / Web app for any commercial purpose or for the purpose of earning profit will be a violation of copyright and YooYogic reserves its rights under applicable law accordingly.
14.2 YooYogic authorizes the User to view and access the content available on or from the Website / Web app solely for booking, receiving, experiencing and communicating only as per this Agreement. The contents of the Website / Web app, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website / Web app (collectively, "YooYogic Content"), are the property of YooYogic and are protected under copyright, trademark and other laws. User shall not modify the YooYogic Content or reproduce, display, publicly perform, distribute, or otherwise use the YooYogic Content in any way for any public or commercial purpose or for personal gain.
14.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
15. REVIEWS AND FEEDBACK
i. Obtaining feedback in relation to Website / Web app or YooYogic's services; and/or
ii. Obtaining feedback in relation to any Experts listed on the Website / Web app.
16. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
16.1 As mandated by Regulation 3(2) of the IG Rules, YooYogic hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
16.2 The User is also prohibited from:
i. violating or attempting to violate the integrity or security of the Website / Web app or any of YooYogic Content;
ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website / Web app that is disruptive or competitive to the provision of Services by YooYogic;
iii. intentionally submitting on the Website / Web app any incomplete, false or inaccurate information;
iv. making any unsolicited communications to other Users;
v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website / Web app;
vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website / Web app; vii. copying or duplicating in any manner any of YooYogic Content or other information available from the Website / Web app;
viii. framing or hot linking or deep linking any YooYogic Content.
16.3 YooYogic, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of this Paragraph
YooYogic shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
The terms in this paragraph are applicable specifically to Experts.
1 LISTING POLICY
1.1 YooYogic, directly and indirectly, collects information regarding the Experts' profiles, contact details, and expertise. YooYogic reserves the right to take down any Expert's profile as well as the right to display the profile of the Experts, with or without notice to the concerned Expert. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website / Web app in connection with you and your profile is found to be incorrect, you are required to inform YooYogic immediately to enable YooYogic to make the necessary amendments.
1.2 YooYogic reserves the right to moderate the suggestions made by the Experts through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website / Web app.
1.3 You as an Expert hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and YooYogic accepts no liability for the same.
2 PROFILE OWNERSHIP AND EDITING RIGHTS
YooYogic reserves the right of ownership of all the Expert's profiles, videos and photographs. You hereby represent and warrant that you are fully entitled under law to upload all content submitted by you as part of your profile or otherwise while using YooYogic's services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, YooYogic may modify or delete parts of your profile information at its sole discretion [with / without] notice to you.
3 REVIEWS, FEEDBACK, AND DISPLAY RIGHTS OF YOOYOGIC
3.1 All feedbacks, ratings and reviews ("Critical Content") is content created by the Users of www.Yooyogic.com ("Website / Web app") and the clients of YooYogic customers including the End-Users. As a platform, YooYogic does not take responsibility for Critical Content.
3.2 YooYogic reserves the right but shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service.
3.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you may use the Service at your own risk.
3.4 YooYogic will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website / Web app shall be applicable mutatis mutandis in relation to Critical Content posted on the Website / Web app.
3.5 If YooYogic determines that you have provided inaccurate information or fraudulent feedback, YooYogic reserves the right to immediately suspend any of your accounts with YooYogic and makes such declaration on the website / Web app alongside your name, address, email, mobile number, health condition, gender, height, weight as determined by YooYogic for the protection of its business and in the interests of Users. You shall be liable to indemnify YooYogic for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected YooYogic or its Users.
4 RANKING ALGORITHM
YooYogic has designed the ranking algorithm in the best interest of the End User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a purely merit driven, proprietary ranking algorithm which cannot be altered for specific Experts. YooYogic shall not be liable for any effect on the Expert's business interests due to the rank of the Expert in the Ranking Algorithm.
5.1 YooYogic reserves the right to suspend or terminate a User's access to the Website / Web app and the Services with or without notice and to exercise any other remedy available under law, in cases where, i. Such User breaches any terms and conditions of the Agreement; ii. A third-party reports violation of any of its right as a result of your use of the Services iii. YooYogic is unable to verify or authenticate any information provide to YooYogic by a User; iv. YooYogic has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or v. YooYogic believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for YooYogic or are contrary to the interests of the Website / Web app.
5.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website / Web app under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website / Web app by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.
Should the user have a question or complaint about the Website / Web app, he/she may contact at: firstname.lastname@example.org