Terms and Conditions
Soul Sama (the “Platform”) is a digital platform for users to connect with and learn from leaders (the “Leaders”). The Platform is developed and operated by RNJP Technologies Private Limited (“RNJP Technologies”) having its registered office at Office 2, 22, Paradise Villa Comp., Bhulabhai Road, Cumballa Hill, Mumbai - 400026. The users accessing and using the Platform will be collectively referred to as the “Users” and individually as the “User”. The Platform is intended for use exclusively by the Users located in India and accessing the Platform from India.
The Platform acts solely as an intermediary between the Users and the Leaders. RNJP Technologies does not participate in and/or endorse any specific transactions, content, courses offered by the Leaders and/or interactions between the Users and the Leaders during the sessions conducted in connection with such courses.
2.1. The Platform provides the Users with access to the courses offered by the Leaders (the “Courses”). The Platform also facilitates interactions between the Users and the Leaders.
2.2. The Users can sign up for the Courses on the Platform. Once a User signs up for a Course, the Platform / RNJP Technologies will, on behalf of the Leader, share Course content; information; notes; links to join/attend the Courses through third party applications like Zoom; links to join WhatsApp groups/communities, and/or to access and/or download third party applications necessary to access the Courses; and Course updates and reminders. The Users can share comments, messages, and questions on the Platform for their Leaders and the Platform may share the Leader’s response through text message, WhatsApp, email or other communication applications.
2.3. To access Course content, the User may be required to access third party applications like Zoom, Wise, and YouTube. The User must read, understand, accept and agree to comply with the terms and conditions of such third party applications, prior to accessing the third party applications.
3.1. To access a Course, the Users must pay applicable fees, which will be displayed at the time of signing up for such a Course (the “Course Fee”). The payment of the Course Fee is facilitated through third-party payment processors or aggregators and to make the payment, the User will be redirected to the webpage of such third-party payment processor. The Users must read, understand, accept, and agree to comply with the terms and conditions of such payment processors, prior to making any payment. The Platform and/or RNJP Technologies will not collect any financial information of its Users. If a payment process fails and the payment is not completed, the Platform may share a payment link with the concerned User on WhatsApp, which will also be facilitated through a third-party payment.
3.2. Once the payment of Course Fee is completed, the User will not be able to cancel its registration for the Course. RNJP Technologies does not offer refunds or credit of the Course Fee for any reason whatsoever.
4. Covenants of the Users
4.1. The User covenants to be bound by the Terms, and undertakes to read and accept notice of any amendments or modifications to the Terms, that may be made from time to time. The User’s continued use of the Platform will be deemed to be an acceptance of the modified Terms.
4.2. The User covenants to comply with the Terms (as it stands on the date hereof), and all applicable laws in connection with the use of the Platform and all guidelines which may be notified by the appropriate government, trade/self-regulatory bodies, and platforms used for the Leader Events.
4.3. The User covenants to not use the Platform for any unlawful purpose.
4.4. The User covenants to not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, decompile, monitor, or attempt to discover any source or object code of any part of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform.
4.5. The User covenants to not violate, circumvent or attempt to violate or circumvent any data security measures or authentication procedures employed by the Platform and/or RNJP Technologies or attempt to interfere with the Platform by any means including, without limitation hacking or doing any activity which results in the interruption in either the uptime of the Platform or the manner in which it is displayed.
4.6. The User covenants to not interfere or disrupt the functioning of the Platform by any means including without limitation, transmitting any worms, viruses, spyware, malware or any other code of a disruptive or destructive nature.
4.7. The Users covenant to conduct themselves with due regard to public conventions and morals. The Users undertake to not do or commit any act tending to degrade any person in society or bring the User and/or any person into public hatred, contempt, scorn or ridicule, or tending to shock, insult, or offend the community, or outrage public morals or decency, or tending to cause prejudice towards RNJP Technologies and/or the Platform.
4.8. The User covenants to not collect or attempt to collect personal data or any other kind of information about other Users including without limitation, by employing scraping tools.
4.9. The User covenants to not engage in any act that is likely to or tends to jeopardize, damage, limit or interfere with RNJP IP or any other rights of RNJP Technologies mentioned in these Terms.
4.10. The User covenants to not share, host, display, upload, modify, publish, transmit, store, update, disseminate, or convey any content, including but not limited to any literary works, musical works, dramatic works, artistic works, cinematographic films, animations, sound recordings during the registration process with the Platform, sessions conducted in connection with the Courses and/or any other interactions with the Leader and/or other Users that:
i. belongs to a third party and to which the concerned User does not have any right;
ii. violates or infringes any third party intellectual property right, rights of privacy and publicity, moral rights, performer’s rights;
iii. is obscene, pornographic, pedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
iv. is harmful to children;
v. infringes any patent, trademark, copyright, or other proprietary rights;
vi. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
vii. impersonates another person;
viii. 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 other nation;
ix. contains software virus or any other computer code, file or program;
x. is derogatory, libellous or defamatory to any individual, organization or any religion or belief system, hurts religious sentiments of any group or community, capable of stirring communal discontent/harmony, or violates or is contrary to public policy; and
xi. violates any law for the time being in force.
5. Intellectual Property
5.1. RNJP Technologies is the sole owner of the copyright and all the rights subsisting in the Platform, including but not limited to, all text, videos, graphics, user interfaces, images, photos, visual interfaces, sounds and music (if any), artwork, computer code (and any combinations thereof), algorithms, design, layout and non-literal visual and functional elements of the Platform and any work created by RNJP Technologies (“RNJP IP”). The title and ownership of RNJP IP will vest solely and exclusively with RNJP Technologies, perpetually and worldwide. No right, title or interest in RNJP IP or any part thereof will be deemed to be transferred to a User by the virtue of the User having access to RNJP IP.
5.2. The trademarks, logos, and service marks that may be displayed on the Platform (“Marks”) are the property of RNJP Technologies and/or its licensors, as the case may be. Any unauthorized copying, modification, use or publication of these Marks by a User is strictly prohibited and will be subject to appropriate legal proceedings. The Leaders have granted RNJP Technologies a non-exclusive licence to use their trademarks, logos, design, service marks, photographs, likeness, silhouettes, and images that the Leader may share with RNJP Technologies in connection with the Courses.
6. Reservation of Rights
6.1. Except for the rights expressly granted to the Users under the Terms, RNJP Technologies reserves all rights, title, and interest in and to the Platform and RNJP IP. No title to the intellectual property in the Platform is transferred to the Users and the Users will not acquire any rights in and to RNJP IP, whether by implication, operation of law, or otherwise.
6.2. RNJP Technologies reserves the right to update, upgrade, modify, alter, and/or discontinue any Course and/or the Platform, at its sole discretion. RNJP Technologies will notify the Users if it updates, upgrades, modifies, alters, and/or discontinues the Platform.
7. Confidentiality & Data Protection
7.1. The Users may gain access to RNJP Technologies’ confidential information and/or other Users’ personal information pursuant to the use of the Platform (“Confidential Information”).
7.2. The Users agree to keep Confidential Information strictly confidential and use Confidential Information in accordance with the Terms. The User may use Confidential Information for the limited purpose of interacting with the Leaders in accordance with the Terms. The Users’ use of Confidential Information will be subject to the consent of the Leader to whom it belongs and if any Leader withdraws its consent, the Platform and/or RNJP Technologies will notify the Users and the Users must immediately cease use of the concerned Leader’s Confidential Information and destroy Confidential Information of such Leader and any material containing such Confidential Information from its records and/or devices.
7.3. If a User shares Confidential Information with its representatives, the User will expressly require such representatives to be bound by written confidentiality restrictions no less stringent than those contained under the Terms and the User will assume full liability for the acts or omissions by its representatives. Save and except as provided under the Terms, the User will not disclose Confidential Information, under any circumstances, to any person who is not a direct party to the Terms. The User’s duty to hold Confidential Information in confidence will remain in effect until RNJP Technologies sends the User a written notice releasing the User from the confidentiality obligations under the Terms.
7.5. The Users and RNJP Technologies may disclose any information pursuant to any governmental, judicial, or administrative order, summons or regulatory request, provided that it discloses only that portion of the information that it is compelled to disclose and as specifically stated in the document demanding the disclosure. The party disclosing the information in accordance with this clause must promptly notify the other party in writing, to the extent legally permissible and reasonably practicable, of the demand for compelled disclosure.
8. Representations and Warranties
Each User represents and warrants to the other party that: (a) they are duly organized and validly existing under the applicable laws (if the User is a person other than an individual)/ they are an adult and competent to enter into legally binding contracts as defined under the Indian Contracts Act, 1872 (if the User is an individual); (b) the execution, delivery and performance of the Terms and the consummation of the transactions contemplated in the Terms are, (if applicable), within the corporate powers of such User and have been duly authorized by all necessary corporate actions on the part of such User, and constitute a valid and binding agreement of such User; (c) the execution, delivery, and performance of the Terms by such User is not in conflict with, in the breach of or constitutes a default under any provision of the applicable laws and/or their constitutional documents (if applicable), any covenant, agreement, understanding, decree or order to which such User is a party or by which such User is bound or affected; (d) they will perform and observe all the obligations accruing under the Terms and take all necessary steps on its part to give full effect to the provisions of the Terms; (e) they are the owner and/or duly authorized to share and use all information, that it may share with RNJP Technologies and the Leaders pursuant to the Terms.
9.1. Except as expressly set forth in the Terms, access to the Platform is provided on an “as is” basis, without warranties of any kind, either expressed or implied, including, without limitation, implied warranties of fitness for a particular purpose and any warranties arising out of the course of dealing or trade usage. To the full extent permitted by law, the Platform and RNJP Technologies and its directors, officers, employees, affiliates, agents and representatives disclaim all warranties including any implied warranties. RNJP Technologies does not warrant that the access and/or the use of the Platform will be timely; uninterrupted; error-free or secure; meet the User’s requirements or expectations; free of viruses, bugs or other harmful components; or that all defects will be corrected.
9.2. RNJP Technologies does not host and/or organize any of the Courses. RNJP Technologies does not review, censor, curate, control and/or monitor any content shared during the Course and/or otherwise shared by the Leader during the Courses and/or other interactions with the Users.
9.3. The views and opinions expressed by the Leader during the Courses and/or interactions with the Users are the Leader’s personal views and opinions, and RNJP Technologies does not endorse such views and opinions expressed by the Leader.
10.1. The User agrees to defend, hold harmless, and indemnify the Platform and RNJP Technologies, and its directors, officers, employees, affiliates, agents, and representatives (“Indemnified Parties”) from and against any and all liabilities, damages, losses, demands, claims, costs (including court costs and legal fees), and expenses actually suffered or incurred by the Indemnified Parties as a result of:
i. a breach of its covenants, representation and warranties, provisions for data protection and confidentiality, and intellectual property rights under the Terms; and
ii. gross negligence and/or misconduct by the User.
11. Limitation of Liability
11.1. To the full extent permitted by law and notwithstanding any failure of essential purpose of any limited remedy or limitation of liability, RNJP Technologies and its directors, officers, employees, affiliates, agents and representatives will not be liable for any special, indirect, incidental, consequential or punitive damages including without limitation, any loss due to unauthorized use; errors; or in relation to the Terms or the subject matter hereof, regardless of whether such liability arises from contract, warranty, tort (including negligence), strict liability or otherwise.
11.2. RNJP Technologies will not be responsible and/or liable for any claims arising in connection with the Courses, content shared by the Leader and/or any interaction between the Leader and the Users.
12.1. RNJP Technologies will be entitled to terminate or suspend a User’s account and/or disable access to the Platform immediately, without prior notice or liability, if:
i. the User is in breach of its covenants, representation and warranties, provisions for data protection and confidentiality, and intellectual property rights under the Terms; and
ii. the User is accused of any offence involving moral turpitude or of conduct that has brought the User into public hatred, contempt, scorn or ridicule, or tends to shock, insult or offend the community or outrage public morals or decency, or tends to cause prejudice to RNJP Technologies and/or the Platform.
12.2. On receipt of any complaints against a User’s conduct, RNJP Technologies may at its discretion either suspend or terminate such User’s access to the Platform.
12.3. Upon termination of User’s account and access to the Platform:
i. the User’s right to use of Confidential Information and the Platform will immediately cease;
ii. the User must return and purge all Confidential Information and materials containing Confidential Information within 24 (twenty-four) hours from the termination of of User’s account and access to the Platform;
iii. the User must provide RNJP Technologies with a certificate confirming the destruction of the Confidential Information and materials containing Confidential Information that may have remained in the User’s possession at the time of termination of of User’s account and access to the Platform within 24 (twenty-four) hours from such destruction.
12.4. All provisions of the Terms which by their nature survive termination will survive termination, including without limitation, intellectual property, reservation of rights, confidentiality and data protection, representations and warranties, disclaimers, limitations of liability, indemnification, consequences of termination, and governing law and dispute resolution. Termination of the Terms will not relieve the User of any obligations arising or accruing prior to such termination or limit any liability which the User otherwise may have towards RNJP Technologies, including without limitation any indemnification obligations.
13. Governing Law & Dispute Resolution
The Terms will be governed by the laws of India. Any dispute or difference arising between RNJP Technologies and the Leader in relation to any matter connected with the Terms will be referred for adjudication before a single/sole Arbitrator, who will be mutually appointed by the parties. Failing such mutual agreement over the choice of Arbitrator, the parties will appoint the Arbitrator by taking recourse to the procedure provided under the Arbitration and Conciliation Act, 1996. The Arbitration proceedings will be conducted as per the provisions of the Arbitration and Conciliation Act, 1996. The substantial laws of India will be applicable. The venue for arbitration will be Mumbai and the language of the arbitration will be English. The costs of arbitration, save and except the cost of advocates/counsels of respective parties, will be shared by the parties in equal proportion. The award passed by the Arbitrator will be final and binding upon the parties. Subject to provisions relating to arbitration, the courts of law at Mumbai will have exclusive jurisdiction to entertain, try and determine any matter that may arise hereunder.
14.1. The Users and RNJP Technologies agree that the performance of the mutual obligations and promises undertaken by the Users and RNJP Technologies under the Terms are adequate/sufficient consideration for the purposes of the Terms and the validity, effectiveness and subsistence of the provisions of the Terms will not be challenged for want of monetary consideration.
14.2. The failure by either party to enforce any provision of the Terms or to avail any remedy available to it in law or under the Terms will not constitute a waiver of the right by such party to enforce such provision of the Terms or to avail such remedy.
14.3. If any provision of the Terms is held to be invalid or unenforceable by any court of competent jurisdiction or is rendered invalid or unenforceable on account of coming into force of any law, the remaining provisions of the Terms will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
14.4. The relationship between the parties will be on a principal-to-principal basis and nothing in the Terms is intended to or should be construed to create a partnership, association of person, joint venture, agency or employer-employee relationship.
14.5. The Users will not be entitled to assign the Terms or any part thereof without the prior written consent of RNJP Technologies. RNJP Technologies will be entitled to assign the Terms to a third party, in whole or in part.
14.6. All notices required or permitted under the Terms will be in writing and delivered by email, registered mail, postage prepaid with return receipt requested, and in each instance, will be deemed given upon receipt. All communications to RNJP Technologies will be addressed to the grievance officer. All communications to the User will be addressed to the email address provided by the User at the time of registration with the Platform.
14.7. RNJP Technologies will not be responsible for any failure or delay in RNJP Technologies’s performance under the Terms, for reasons beyond RNJP Technologies’s reasonable control, including, but not limited to, penetration events such as hacking, malware, etc., disconnection by internet providers, internet outage, server breakdowns, server downtime, system incompatibility, strikes, labour disputes, lockouts, war, acts of terror, riot, acts of God, epidemics, pandemics, or governmental action and / or restrictions.
14.8. The Terms and any other documents executed by RNJP Technologies and the Users, constitute the entire agreement between the Users and RNJP Technologies, as may be applicable and supersedes all prior agreements, arrangements and understandings, whether oral or written, between the Users and RNJP Technologies in relation to the matters dealt with herein. No amendment, modification waiver of any provision contained in the Terms or any alteration to the Terms will be considered valid and/or effective unless such amendment, modification waiver of any provision contained in the Terms or any alteration to the Terms is made in writing and signed by both Parties and/or their duly authorised representatives.
14.9. The Users must not, at any time, directly or indirectly, make and/or publish any statements, claims, comments, or public announcements, whether orally or in writing, that are disparaging or defamatory or which may bring RNJP Technologies into public disrepute.
15. Grievance Redressal
The User may address grievances and/or complaints to email@example.com. RNJP Technologies is available to address grievances between 11:00 A.M. to 5:00 P.M. from Monday through Friday except public holidays. RNJP Technologies will endeavour to respond to the User’s grievances within a period of 24 hours from the receipt of the email and resolve the User’s grievances within a period of 15 days from the receipt of the email.
Grievance officer: Janhavi Parikh
16. Effective Date
The Terms and any amendments thereto will be effective from the date the Terms were last published.