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TERMS AND CONDITIONS FOR USERS

Welcome to YOGSEWA's website! We are pleased to provide you with a platform that facilitates the booking process for yoga centers, hotels and resorts, and trekking agencies offering yoga retreats and spiritual journeys within Nepal. Before you start using our services, please take the time to read and understand the following terms and conditions("Terms"). YOGSEWA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or booking something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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 of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the website of YOGSEWA shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1- DEFINITIONS

  • "We," "Us," or "Our" refers to YOGSEWA.
  • "USER", "YOU" refers to the any individual/entity who place a booking through YOGSEWA's website for services mentioned in section 1 of subsection 3 below or who goes through YOGSEWA's website.
  • "Services" shall mean the various services offered by the Vendor, which may include, but are not limited to, the following:

    • Yoga Classes and Retreats/ Drop-in Yoga sessions: The Vendor may provide yoga classes and retreats for individuals or groups interested in practicing yoga, meditation, and relaxation techniques in serene and conducive environments including accommodation services.
    • Yoga Trek and Tours: The Vendor may organize and conduct trekking tours for Spiritual adventurous individuals and groups, traditional healing offering guided hikes through scenic landscapes, mountains, and trails.
    • Wellness and Spa Services: The Vendor may offer wellness and spa services, providing customers with rejuvenating experiences, such as massages, facials, and holistic treatments.
    • Yoga Equipment and Merchandise: The Vendor may offer a selection of yoga-related equipment, apparel, and merchandise for sale, catering to customers' needs for high-quality yoga mats, clothing, accessories, and more.
    • Adventure and Outdoor Activities: The Vendor may provide various adventure and outdoor yoga activities, such as meditation and scenic outdoor yoga along with rock climbing, kayaking, nature walks, and other thrilling experiences for adventure enthusiasts.
    • Yoga Teacher Training: The Vendor may conduct yoga teacher training programs, equipping aspiring yoga instructors with the knowledge and skills to teach yoga professionally.
    • Wellness Workshops and Events: The Vendor may organize and host wellness workshops, seminars, and events, focusing on various aspects of health, mindfulness, and personal development.
  • “Vendor” shall mean the Hotels, Resorts, Yoga Centers, Trekking agencies listed in the website which provide its services through the Online Platform of YOGSEWA.
  • “Bookings” shall mean a book of hotels, resorts, centers, travel and trekking agencies listed in the website of YOGSEWA who have the yoga related services wherein customer has agreed to book upon the terms and conditions and at the Price indicated on the online platform of the YOGSEWA.

SECTION 2- ONLINE MARKETPLACE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3- GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4- SERVICES (if applicable)

Services may be available exclusively online through the website. These services may have limited quantities and are subject to cancellation only according to Vendor's Cancellation Policy.

We have made every effort to display as accurately as possible the colors and images of Vendor's services that appear on the site. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit bookings of listed Services in our site to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of services that we offer. All descriptions of Services pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to reject/ decline the bookings at any time. Any offer for any Service made on this site is void where prohibited.

We do not warrant that the quality of any services or information obtained by you will meet your expectations, or that any errors in the Service. We are liable only for the communication made during the bookings if any until the acceptance of the bookings. After bookings has been accepted, we shall not the liable for any information made between the Vendors or Customers.

SECTION 6- THIRD-PARTY LINKS

The content, services available via our Service include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials or services of third-parties.

We are not liable for any harm or damages related to the purchase of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7- PRIVACY AND COOKIES

If you book any services, read our Privacy and Cookie Notice for more info on privacy, cookies, and how we might contact you and process personal data.

SECTION 8- ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, contents, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 9- PAYMENTS ANE PAYOUTS

Booking Process throughout our site

YOGSEWA acts as a platform to facilitate the booking process between Customers and Vendors offering Services listed in the site. Customers can browse and select service packages provided by Vendors through the YOGSEWA platform. To make a booking, the Customer must provide accurate and truthful information during the booking process, including personal details and payment information. Once the booking is confirmed, the Customer will receive a confirmation email with the booking details and payment receipt.

Transferrable Booking

A Transferable Booking allows the Customer to change their arrival date to a future date within 1 year of the original arrival date, dependent on the Vendor’s future availability. This request can only be made once per booking no later than 7 days before the original arrival date.

Commissions

When a Customer makes a Booking, a certain percentage of the total Booking amount, as agreed upon with the Vendor, will be held as a commission by YOGSEWA. The remaining amount after deducting the commission will be transferred to the Vendor after the completion of the booked services. The agreed commission amount will be automatically deducted from the total/partial booking amount paid by the Customer at the time of payment processing.

The remaining amount after deducting the commission will be released to the Vendor after the successful completion of the booked services. There may be situations in which we pay out USD and it can be converted to a local currency, but this is at our discretion. We are not responsible in any way for fluctuations in currency exchanges, nor are they set by us.The payment processing fee of 3% on the deposit will be deducted when we pay out to the Vendors after the arrival of the customers. YOGSEWA has the discretion to change the methods of money transfer at any time. We will do our best in finding the most efficient way of sending money.

SECTION 10- REFUNDS AND CANCELLATIONS

Refunds

Customers who wish to cancel their booking are entitled to a refund subject to the terms and conditions set forth by the respective Vendor.The refund amount will be calculated based on the Vendor's cancellation policy and the total booking amount paid by the Customer, minus the applicable 10% commission charged by Yogsewa. Yogsewa will process the refund on behalf of the Vendor and will not be held liable for any delays in the refund process due to circumstances beyond our control, such as banking procedures or technical issues.

Cancellations

Customers must adhere to the cancellation policy specified by the Vendor at the time of booking. The cancellation policy will dictate the time frame and conditions under which cancellations can be made.If a customer wishes to cancel a booking, they must contact Yogsewa through the designated channels to initiate the cancellation process. Yogsewa will communicate the cancellation request to the Vendor and facilitate the refund process as per the Vendor's cancellation policy.Refunds for cancellations will be subject to the policies set forth by the respective Vendor and will be processed by Yogsewa on behalf of the Vendor. Yogsewa will not be held liable for any refunds or disputes arising between the Customer and the Vendor

SECTION 11- RESPONSIBILITIES OF YOGSEWA, VENDORS AND CUSTOMERS

YOGSEWA

YOGSEWA will make all reasonable efforts to provide accurate and up-to-date information about the services offered by the Vendors. However, we do not guarantee the accuracy or completeness of such information. YOGSEWA will handle the payment processing securely and ensure that the commission is appropriately deducted from the Booking amount.

Customers

Customers must provide accurate and truthful information during the Booking process.Customers must adhere to the cancellation and refund policies of the respective Vendors as communicated during the Booking process.

Vendors

Vendors must provide accurate and up-to-date information about the services they offer through our platform. Vendors must honor the Booking made by Customers and deliver the services as described during the Booking process. Vendors must adhere to the cancellation and refund policies communicated during the Booking process.

SECTION 12- Intellectual Property

The Company name and logo, and other Company trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Company (collectively “Company Trademarks”).Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). Company Trademarks and Third party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. The website and the content featured in the website are protected by copyright, trademark, patent and other intellectual property and proprietary laws which are reserved to Company and its licensors. Customers and Vendors are prohibited from using, reproducing, or distributing any content from the YOGSEWA platform without prior written consent.

SECTION 13- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of Services booked from our site will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Bookings at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The services delivered to you through the YOGSEWA are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall YOGSEWA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Vendors or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services using this site, or for any other claim related in any way to your use of the Services,including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

To the extent permitted by mandatory consumer law, we’ll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, we won’t be liable for any:

  • indirect loss or indirect damage
  • inaccurate information about a Vendor
  • product, service, or action of a Vendor or other business partner
  • mistake in an email address, phone number, or credit card number (unless it’s our fault)
  • force majeure or event beyond our control.

any costs incurred due to cancellation of events from either party

  • If you breach these Terms and/or the Vendor’s terms, to the extent permitted by law:
    • we won’t be liable for any costs you incur as a result, and
    • you won’t be entitled to any refund.
  • To the extent permitted by law, the most that we or any Vendor will be liable for (whether for one or a series of connected events) is the cost of your Booking, as set out in your confirmation email.
  • Nothing in these terms will limit our (or the Vendor’s) liability in respect of our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation.
  • We don’t make any promises about Vendors’ services apart from what we expressly state in these Terms. Making the right choice(s) is entirely your responsibility.
  • Just to be clear, nothing in these Terms will entitle any third party other than the Vendor to anything.
  • You may be protected by mandatory consumer protection laws and regulations, which guarantee you rights that no company’s terms can overrule. In that case, our liability is determined not just by these Terms, but also by any applicable consumer protection laws and regulations.

SECTION 14- WARRANTY

Except as expressly provided in these terms and cinditions , YOGSEWA makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform. Furthermore, YOGSEWA does not guarantee that the Platform shall lead to a successful yoga experience or to the achievement of any skills, levels and/or experiences related to a particular travel experience.

The conclusion and performance of bookings, including any payment obligation resulting therefrom, as well as the cancellation of bookings is the sole responsibility of you and a vendor. You indemnify YOGSEWA from all claims submitted by a vendor or a third party that relates to bookings made by you with that specific vendor, as well as to the payment of such bookings

However, YOGSEWA will provide assistance to you to the best of its abilities in case any issues arise between you and an Organizer in order to resolve those issues.

Notwithstanding the abovementioned, YOGSEWA guarantees that you get a refund of what you have paid

  • when you cancel your bookings in conformity with the vednor’s terms and conditions regarding cancellation, and
  • when your bookings doesn’t comply with the services that was offered by Vendor

SECTION 15- Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting new terms and conditions on this page.

SECTION 16- GOVERNING LAW AND DISPUTE SETTLEMENT

These App Terms shall be governed by the laws of Nepal and the parties submit to the exclusive jurisdiction of the courts of Nepal to resolve any dispute between them arising under or in connection with these website Terms.

If any provision (or part of a provision) of these website Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

By using the YOGSEWA platform, you acknowledge that you have read and understood these terms and agree to be bound by them. If you do not agree with any part of these terms, you may not use our platform for Booking services

SECTION 17- Contact Us

If you have any questions regarding our Webiste, you can email us at [email protected]