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Last updated: 07 - 11- 2023​

 

1. Introduction

Welcome to the Nama Meditation App (the "App"). The App is provided by Incca Projects LLP. By using the App, you agree to be bound by these Terms of Use ("Terms"). These Terms of Service (“Terms”, “Terms of Service”) govern your use of our app and the official website (together or individually “Service”) and operated by Incca Projects LLP.

You acknowledge that you have read and understood these, and are bound by them.

If you do not agree with (or cannot comply with) these terms, then you may not use the Service, but please let us know by emailing at info@namameditation.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use app.

 

2. Purchases

If you wish to purchase any product or service made available through the app, you may be asked to supply certain information relevant to your Purchase including but not limited to, your full name, contact information, credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

4. Refunds

We follow a no - refund policy as we are a service-based company. In special cases we will consider a refund. Please contact help@namameditation.com for further details. All of our plans come with a free trial under which period you are able to cancel your subscription.

 

5. Scope of License 

Nama grants you a limited, non-exclusive, non-transferable license to use the App for your personal, non-commercial use. You may not use the App for any commercial purpose without Nama's express written consent.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Mobile Device to a third party, you must remove the Licensed Application from the Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
 

 

6. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.

0.2. Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify the Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

7. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

 

8. Consent to Use of Data

Nama collects and uses certain information about you and your use of the App, including but not limited to your device ID, IP address, location data, and App usage data. This information is used to provide you with the App, to improve the App, and to market and advertise Nama's products and services.

Nama may also share your information with third parties, such as service providers who help Nama operate the App and marketing partners who help Nama advertise its products and services. Nama will only share your information with third parties who agree to keep your information confidential and to use it only for the purposes for which it was shared. You can control how Nama collects and uses your information by adjusting your privacy settings in the App. You can also request access to your information or request that Nama delete your information at any time by contacting Nama at [email protected]

By using the App, you consent to Nama's collection and use of your information in accordance with this Data Usage Clause.

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9. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Incca Projects LLP and its licensors and will NOT be replicated under any circumstances. 

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10. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@namameditation.com, with the subject line: “Copyright Infringement”. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
 

11. Error Reporting and Feedback

You may provide us either directly at info@namameditation.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other rights, title or interest in or to the Feedback; (ii) Company may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party, and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

 

12. Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Incca Projects LLP.

Incca Projects LLP has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit. 

 

13. Disclaimer Of Warranty

These services are provided by the company on an “as is” and “as available” basis. The company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk. 

Neither company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with the company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful; components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. 

The foregoing does not affect any warranties which cannot be excluded for limited under applicable law.

 

14. Limitation Of Liability

Except as prohibited by the law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however, it arises ( including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or an appeal if any, whether or not litigation and arbitration are instituted), whether on an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement including limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

15. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply cancel your account subscription.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to an agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

 

17. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

 

18. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

 

19. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

 

20. Medical Disclaimer

 

The App and website is not intended to be a substitute for professional medical advice. You should always consult with a qualified healthcare professional before starting any new exercise or meditation program. Nama Meditation, Incca Projects LLP and/or its affiliates are not responsible for any side effects, medical emergencies caused by following any pre-recorded meditation, program or live class. Please consult a doctor before starting any new wellness program. We are also not responsible for any action you take after doing any meditation, class or program. While most meditations are safe as per our knowledge, you know your body best so if you have any medical concerns, limitations, please check with your doctor before starting any wellness practice. We would also urge you to use your own discretion before following any advice we give you because we don't know you personally. Please don't listen while driving or operating any machinery in case you go off to sleep. All meditations are complementary to and not a substitute for serious medical conditions. Nama will not be responsible for any medical conditions that may indirectly arise from following any of our meditations, classes and sessions.

 

 

21. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY THE US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

22. Contact Us

Please send your feedback, comments, requests for technical support by email: info@namameditation.com.