Terms of Service Agreement

This Terms of Service Agreement sets forth the legally binding terms and conditions between you and Rustic Wisdom. (“Rustic Wisdom”, “we,” “us,” or “our”) governing your access to and use of our website (the “Site”), our digital platform, coaching services and tools related to mental, physical, social, and financial wellbeing, and our associated websites, networks, mobile applications (the “Apps”), and services (collectively, the “Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features (“Supplemental Terms”). All such Supplemental Terms are incorporated by reference into this Terms of Service Agreement (all such Supplemental Terms together with this Terms of Service Agreement, the “Terms”). If this Terms of Service Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such features only.

BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING ZOCONUT APP AS COACH OR USING THE SERVICES, OR ANY PORTION THEREOF, INCLUDING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THESE TERMS OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY: (i) AGREE THAT THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND, AS APPLICABLE, SUCH INDIVIDUAL; AND (ii) REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THESE TERMS HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH ENTITY.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY RUSTIC WISDOM IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Rustic Wisdom will make a new copy of the Terms available at the Site and within the Apps and any new terms will be made available from within, or through, the affected Service on the Site or within the App. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for all coaches on the Site.

Content and Content Rights

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

Content Ownership

Rustic Wisdom own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. User acknowledges that the Services and Content are protected by copyright, trademark, and other laws of India and foreign countries. User agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights Granted by User

By using the Services User (i) acknowledges and agrees that the performance of Services, including video and audio of User, may be recorded by Rustic Wisdom and such recordings will constitute Content (such recordings of User and any intellectual property rights User may have in such recordings are referred to in these Terms as “User Content”), (ii) consent to such recording, and (iii) grant to Rustic Wisdom a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and otherwise exploit any User Content in connection with operating and providing the Services.

  1. Changes to Price Terms for Subscriptions
    Rustic Wisdom reserves the right to change its pricing terms for Subscriptions at any time and Rustic Wisdom may not notify you (coaches) in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Rustic Wisdom’s pricing terms then you may be terminated in accordance with the preceding section.

    We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

  1. Content and Content Rights
    For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available by Rustic Wisdom through the Services. You represent and warrant that you do not own any : (i) program(s) diet charts, recipes  (ii) testimonials (iii) access, and permit Rustic Wisdom to access on your behalf, any third party platform that is integrated with the Services.

    You acknowledge that all Content, including Content provided by you and Rustic Wisdom through the Services, is the sole property of Rustic Wisdom.

    Rustic Wisdom reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Rustic Wisdom; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

  1. Content Ownership
    Rustic Wisdom and its licensors exclusively own all rights, title and interest in and to the Services and Content, including Your Content as a coach, including all associated intellectual property rights therein or thereto. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the India and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content, other than Your Content.
  1. Rights and Terms for Apps
    If you accessed or downloaded the App (Zoconut) or any third party app authorized by Rustic Wisdom from an App Provider, then you acknowledge and agree that:
  • These Terms are entered into between you and Rustic Wisdom, and not with the App Provider, and that, as between Rustic Wisdom and the App Provider, Rustic Wisdom is solely responsible for the App.
  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider may refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. As between Rustic Wisdom and App Provider, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Rustic Wisdom.
  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Rustic Wisdom will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  1. Prohibitions
    You agree not to do any of the following:
  • Post, upload, publish, submit, transmit or otherwise make available any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Use, display, mirror or frame the Services, or any individual element within the Services, Rustic Wisdom’s name, any Rustic Wisdom trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Rustic Wisdom’s express written consent;
  • Any attempt to track client services outside any Rustic wisdom authorized Application(s) would be penalized;
  • Access, tamper with, or use non-public areas of the Services, Rustic Wisdom’s computer systems, or the technical delivery systems of Rustic Wisdom’s providers;
  • Attempt to bypass or collect any payments from client (s) outside Rustic Wisdom payment gateway(s), in any form or any amount would be considered as violation and would be punishable offense and would be penalized;
  • Attempt to probe, scan, or test the vulnerability of any Rustic Wisdom system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Rustic Wisdom or any of Rustic Wisdom’s providers or any other third party (including another user) to protect the Services;
  • Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Rustic Wisdom or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Rustic Wisdom trademark, logo URL or product name without Rustic Wisdom’s express written consent;
  • Use the Services for any commercial purpose or the benefit of any third party or in any manner not expressly permitted by these Terms; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.

    Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or behavior to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  1. Competing Activities and Conflict of Interest
    During the period of my working with Rustic Wisdom I will not, directly or indirectly, participate in or in any way render services or assistance to any business that is or may be competitive with a Rustic Wisdom Entity, whether or not for compensation, or engage in any conduct which might result in, or create the appearance of using my position for private gain or other than for the benefit of a Rustic Wisdom Entity, or otherwise create a conflict, or the appearance of a conflict, of interest with a Rustic Wisdom Entity. I represent and warrant that I am not currently aware of any present or past violation of this provision.
  2. Interactions with Other Users
    You are solely responsible for your communications and interactions with other users of the Services and any other parties with whom you interact; provided, however, that Rustic Wisdom reserves the right, but has no obligation, to intercede in such disputes. You agree that Rustic Wisdom will not be responsible for any liability incurred as the result of such interactions.The Services may contain Content provided by other users. Rustic Wisdom is not responsible for and does not control such Content. Rustic Wisdom has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, such Content. Any Content accessed through (or downloaded from) Rustic Wisdom is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access the Services, or any other loss that results from accessing such Content.
  3. Ownership of Works.
    a. I agree that the Rustic Wisdom owns all rights, title and interest in and to all Works.
    b. I hereby irrevocably assign all Intellectual Property Rights in the Work to Rustic Wisdom. Notwithstanding anything contained in Section 19(4) of the Indian Copyright Act, 1957, I agree that such assignment shall continue to be in force for perpetuity irrespective of whether or not the Employer exercises its rights as the assignee for any period of time.
    c. I will at all times, even after termination of my Employment/Service, do whatever the Rustic Wisdom reasonably requests of me. I agree that, as between me and Rustic Wisdom be the sole author, inventor, and owner of all such Works and Intellectual Property Rights therein throughout the world, and that Rustic Wisdom shall have the sole right to seek copyright registrations, patents or trademark registrations, including all extensions and renewals thereof. I also hereby agree that I waive all moral rights in any Works.
    d. I will at all times, even after termination /separation from Rustic Wisdom cannot practice, Attempt to bypass or collect any payments from client (s) outside Rustic Wisdom payment gateway(s), in any form or any amount, using any processes or programs would be considered as violation and would be punishable offense and would be penalized; Based on only approval if Rustic Wisdom allow(s) you can conditionally practice but only after 5 years of termination from Rustic Wisdom.

Termination
Termination by Us

We may terminate your access to and use of the Services, your Account or these Terms, at our sole discretion, at any time and without notice to.

Dispute Resolution

In the event any dispute, you agree to submit such dispute to arbitration. Such arbitration shall be in accordance with the rules framed under the provisions of the Arbitration and Conciliation Act, 1996, which rules are deemed to be incorporated in this agreement by reference herein and shall be held in Bangalore. All proceedings of arbitration shall be in the English language. The Arbitrator shall be R.Dhiraj, Advocate and the decision of the Arbitrator shall be final and binding on the Parties. The costs of such Arbitration and/or mediation shall be shared equally between the parties.

Contact Information

If you have any questions about these Terms or the Services or Products, please contact Rustic Wisdom at contact@rusticwisdom.