Terms and Conditions

INTRODUCTION

• These Terms and Conditions outline the rules and regulations for the use of The Earthen One’s (“The Earthen One”) Website (“Website”).

• The Earthen One does not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if the Earthen One is aware of them.

• These Terms and Conditions are published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011.

• Please read these Terms and Conditions carefully before accessing or using our website. By accessing, reviewing, or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

• When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the website from time to time, including, without limitation, our Privacy Policy, and Refund Policy. All such terms are hereby incorporated by reference into these terms and Conditions.

• The Services consist of an online and offline marketplace and platform to spread awareness about animal compassion through Services, in which Presenters may offer Events and Experiences for free or sale to Users, and Users may purchase such Events for their benefit. The Earthen One disclaims all liability for the conduct of Presenters, Users, or any other Users of the Site or Events, Experiences. Services also consist of recommendations, articles and information that could be from other sources/ news and we should not be held responsible or accountable for inaccurate or unsatisfactory content.

• Should you have any clarifications regarding the Terms and Conditions, please do not hesitate to contact us at info@theearthenone.com

KEY TERMS

• “User” “you” or “your” means a person, organization, or entity using the Services, including Participants or those who attend the events, accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services.

• “Service(s) , such as (i) online or in-person events like Courses, Seminars, Workshops and , Experiences and, (ii) information, news offered by us through our website, which are submitted by a presenter/ organization/ / individual for free/ sale on the Site, and may be offered online or in-person.

CONTENT

• Content” will include (but is not limited to) health journeys, blogs, videos, reviews, images, photos, audio, location data, nearby places, information on veganism and environment and all other forms of information or data, which can be shared by the “User” or “Member”.

• Our responsibilities are limited to (i) providing the Site as an online/ offline events marketplace and platform to provide knowledge about the benefits and resources for a vegan lifestyle, facilitate the sale, purchase, and conduct of certain events, and (ii) serving as the limited agent of each Presenter for the purpose of accepting payments from a User on behalf of the Presenter. While We strive to provide a safe environment for its Users, you agree that all of these risks are ultimately borne by you, and not by The Earthen One. We do not control the behavior of Users or the quality of the Events. As a result, We cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Events.

YOUR REGISTRATION OBLIGATIONS

• You will be required to register and create a ” Member” account with The Earthen One in order to access and use certain features of the Services and functionality that we may establish and maintain from time to time and in our sole discretion. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy, available at https://www.theearthenone.com/privacy-policy/ You must be of legal age to form a binding contract to register for the Service . The information provided by you may be shared by us with any third party for record keeping purposes, internal procedures or for any other purposes and by using this Website you expressly consent to such sharing of the information.

• As part of the registration process on the Website, We may collect certain personally identifiable information about You including first and last name, email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, address etc.).

• Member Account, Password, and Security: “Member(s)” may comprise of a User who registers on our site. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account and your internet connection. You agree to (a) immediately notify Us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this requirement.

• You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network ability and we shall not be liable to you for any damages arising from your inability to log into your account.

ACCEPTANCE

• By accessing or using the Website, You are agreeing to the Terms and Conditions detailed herein below and concluding a legally binding contract with Us. You may not use the services available on the Website if You do not accept the Terms and Conditions or are unable to be bound by the Terms and Conditions. Your use of the Website is at your own risk. In order to use the Website, You must first agree to the Terms and Conditions. You can accept the Terms and Conditions by:

  • Clicking to accept or agree to the Terms and Conditions, where it is made available to You on the Website; or

  • Actually availing the services on the Website. In this case, You understand and agree that We will treat your use of the Website as acceptance of the Terms and Conditions from that point onwards.

• It is strongly recommended that you read and understand these ‘Terms of Use’ carefully, as by accessing this Website, you agree to be bound by the same. If you do not agree with Terms and Conditions, you should not use or access the Website for any purpose whatsoever.

• Modification of services: We reserve the right to withdraw or amend the Service (or any features within the Services) we provide, temporarily or permanently, with or without any notice. We will not be liable if for any reason our Website or the Services (or any features within the Services) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to Users who have registered with us. You agree that We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

ELIGIBILITY

• Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website.

• Our Website is not directed to children under the age of 18. If we become aware that a child and / or User is under the age of 18 and has registered or using our Website and application, we are entitled to remove his or her account from our system

TERMS AND CONDITIONS

• All materials on the Website, including images, illustrations, audio clips, and video clips, are solely the intellectual property of The Earthen One. Material on the Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means, whether directly or indirectly and You must not assist any other person to do so. Use of the materials on this Website for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of The Earthen One, and is prohibited.

• You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation your details are found not to be true (wholly or partly), We has the right to reject the registration and debar You from using the Website, at its sole discretion.

• We grant you a limited, revocable permission to access and make personal use of this Website, but not to download or modify it, its contents or any portion of it, except with our express written consent. This permission does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

• The User agrees to not use the Website for any of the following purposes:

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

  • Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

  • Gaining unauthorized access to other computer systems or interfering with any other person’s use or enjoyment of the Website;

  • Breaching any applicable laws; interfering or disrupting networks or web sites connected to the Website; and

  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

• You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information

  • belongs to another person and to which you do not have any right;

  • 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;

  • harms minors in any way;

  • infringes any patent, trademark, copyright or another proprietary/intellectual property rights;

  • violates any law for the time being in force;

  • deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;

  • impersonates another person;

  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  • 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 cognizable offense or prevents investigation of any offense or is insulting any other nation;

  • is misleading or known to be false in any way;

  • Any unauthorized use shall automatically terminate the permission or sub-license granted by Us.

RESTRICTIONS ON CONTENT

• Your contribution through articles, blogs, photos, reviews, post or any other way must align with our cause of veganism and must not be offensive, defamatory, hateful, harmful to minors, discriminating on basis of religion, sex , nationality, invading someone’s privacy, inaccurate or misleading, infringe any intellectual property including copyright, database right or trade mark of any other person or lead to any other kind of violations. Your contribution must be accurate where it states facts, be genuinely held, comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.

• We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Services.

• We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these Terms and Conditions or the Privacy Policy.

EVENTS RECORDINGS

• Free Event Recordings are made available on Youtube channels for knowledge sharing With a Registrant User who missed the Event after the payment.

• Paid Events will be our permanent property that can be used on our pPlatform as an online paid resource for any member who registers and pays the fees.

• To the Presenter/ team of presenters/ organisation who wish to review the Class, for their personal educational purposes;

• Review the Event Recording with our team in order to edit by adding or removing content decided by our team before it is uploaded on our other platforms like social media and Youtube

• Review by our team to help improve for future events, provide feedback to Presenters, customer support and compliance purposes.

• Event recordings will be retained and deleted using Our discretion. Please note that as a participant, if you have left your video on, and your image is recorded during our Event, we may or may not be able to delete it and may go ahead and upload the video on our platforms for the reasons given above. We will not be held responsible for such action. We suggest all participants keep their video and audio off during the sessions.

• As a user you must not:

  • republish material from this website (including republication on another website) without express permission;

  • sell, rent or sub-license material from the website;

  • show any material from the website in public without express permission;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

• By using the services, you consent to be recorded in Event(s) for the purposes set forth above.

Presenter as an individual / organisatonorganization / Obligations

• As a Presenter , you must provide Us with accurate information requested in order for Us to list your Events through its Services including but not limited to any necessary information on the Presenter, description (as needed to conform to our standards of the Event), and the price for the Event, if any. We have the sole discretion as to which Events we list on the platforms, reject any Events or remove from the platforms for any reason. We have sole discretion as to which Presenters are accepted into our platforms and or reject any potential Presenter and remove or suspend any Presenter from the platform for any reason. We may, but are not required to, conduct background checks on and interviews of Presenters at its discretion and solely for its own benefit. As Presenters, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews

• You understand and agree that We are not an insurer, marketing agent, or employer for you as a Presenter. If a User purchases any of your Events, outside our Platform, any agreement you enter into with such User is between you and the User Parent, and We are not a party thereto. We are authorized to serve as your limited agent purely for the purpose of accepting payments from Users on your behalf and transmitting such payments to you (minus our fees). As a presenter you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and / or their Users, you further agree that you will not share any Event Recordings made available to you by Us to any third parties for any purpose whatsoever. The recordings are also the property of Ours and we have the consent from you to upload the same of our platforms, including Youtube, for knowledge sharing, or sell the same on our platform as Online learning program. You will be remunerated for online learning program as agreed upon mutually

Obligations as writers and volunteers

• You may submit your articles relating to veganism, environment and health or any topic aligning with our platform, if you wish to publish it on our website. We have the sole discretion to decide whether your article can be published on our platform. Your article has to be original and not plagarised. We will not be responsible , nor conduct checks for the articles submitted by you and if published, consist of plagiarism or if the third party or concerned party take any action against you. We will not be liable to any Third party for the if the content shared by you is from their platform

• You understand and agree that an article submitted by you, and if published on your platform, becomes Our property and the same article cannot be shared on any other platforms. We have the sole discretion as to which Articles submitted list on the platforms, reject any or remove from the platforms for any reason.

• If you apply to intern / volunteer for Us, it will be our sole discretion to take you as aan intern / volunteer. If chosen, you understand and agree that matters and plans discussed will not be shared with other individuals and organisations. It may or may not be a paid internship or volunteering. A minimum period of 2 months should be committed for internship / volunteering. Any inappropriate behaviour of the intern / volunteer will not be our responsibility.

• As a Presenter, writer, intern or volunteer you agree to follow our policies, including thoughtful and professional communications, and behavior with our community (Users and any other stakeholders). Inappropriate behavior in any of Our pPlatform – affiliated online forum includes, but is not limited to: behavior intended to provoke, defame, demean, criticize, or cause harm to others, or to create conflict; discriminating gender, sharing of any or any other posts or content that We , in its discretion, believe such behaviour to be unconducive to a respectful and welcoming community. No personal information of Users and presenters and database of The Earthen Oone will be shared with other individuals, organisations or third party.

• We have the sole discretion as to which Volunteers we list on the platforms, reject any or remove or suspend from the platforms for any inappropriate behaviour or any other reason.

Billing and Payments

• Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion

• The User must notify Us about any billing problems or discrepancies within 30 days after charges first appear on their Account statement. If it is not brought to Our attention within 30 days, User agrees to waive their right to dispute such problems or discrepancies.

• We will be doing online and offline events for free or for a charge. 70% of the charges will go to the presenter as consultants or experts. 30% will be retained by us to help us bear our cost of content writers, graphic designer, website hosting and maintenance, zoom account, online marketing platforms, etc. At the end of the financial year if there is any profit, it will be given to animal organizations. These organisations will be solely decided on our discretion. We will collaborate with other organizations and other for profit platforms to do events with the intention to take the veganism message to a new audience.

• Billing: We use a third-party payment processor (the “Payment Processor”) to bill you for use of the pPaid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for errors by the Payment Processor. By choosing to use pPaid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

• You may also opt for Events organized in collaboration with our other partners and you may purchase an Event using their payment gateway. Though the third party payment processor is authenticated, we are not responsible or any loss or theft or breach of security. We would encourage you to read the privacy policy, payments, refund policy of our collaborators

• It is your responsibility to promptly provide the Us with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). We do not validate all credit card information required by the User’s payment provider to secure payment.

• We reserve the right to introduce or change the prices of all Services upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Service itself

• We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service

SECURITY

INDEMNITY

LIMITATION OF LIABILITY

GOVERNING LAW & JURISDICTION

• These terms and conditions will be governed by and construed in accordance with Indian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Mumbai.

• Any dispute or difference either in interpretation or otherwise, of the Terms and Conditions and other Policies on the pPlatform, between the parties hereto, shall be referred to arbitration in Mumbai with the Mumbai Centre for International Arbitration in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated by reference in this Clause.

• The Parties further agree as follows:

  • The Parties agree that any arbitration commenced pursuant to this Clause shall be conducted in accordance with the Expedited Procedure set out in Rule 12.3 of the MCIA Rules.

  • The seat of arbitration shall be held in Mumbai and the language shall be in English.

  • The Tribunal shall consist of one arbitrator.

  • The language of the arbitration shall be English.

  • The arbitration award made by the arbitrator shall be final and binding on the Parties and the Parties agree to be bound thereby and to act accordingly. The award shall be enforceable in any competent court of law

  • The award shall be in writing.

  • The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time.

  • Either Party shall be entitled to apply to the appropriate competent court for interim or interlocutory relief in respect of such arbitration.

  Without any prejudice to particulars listed in the clause above, we shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect our trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration

MODIFICATION

• The Earthen One may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. You shall ensure to review these Terms and Conditions periodically for updates / changes. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions in the Terms and Conditions.