THESE TERMS OF USE (THESE “TERMS”) REPRESENT AN AGREEMENT BETWEEN YOU AND Uma Ghosh, INC. (“WE,” “US,” OR “ug”) AND GOVERN YOUR USE OF OUR WEBSITES AT WWW.theumashow.COM AND ANOTHER SITES CREATED BY US FROM TIME TO TIME (THE “SITES”) AND ANY PRODUCTS OR SERVICES MADE AVAILABLE BY MEANS OF ANY OF THE SITES (THE “PRODUCTS”). WE REFER TO THE SITES AND THE PRODUCTS COLLECTIVELY IN THESE TERMS AS THE “SERVICES.” BY USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS.
1. SERVICES
Uma Ghosh grants you a non-exclusive, non-transferable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any Products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.
Uma Ghosh is not a medical professional.
The resources made available by and through theumashow.com are an informational resource for people seeking how to live a healthy lifestyle. The information contained herein and through other sources connected to via www.theumashow.com is based on the personal experiences of Uma Ghosh, shared in the hope that it will spark inspiration and positive change in the reader. Uma Ghosh is not a medical doctor or nurse, and does not hold licenses as a nutritionist or dietitian; she is a certified holistic health coach, certified by Institute of Integrative Nutrition.
The owners and creators of this website assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found within or material linked to herein.The Uma Show cannot guarantee the outcome of following the general recommendations and statements about potential outcomes, which are merely expressions of theory and extrapolation from anecdotal evidence, and not the result of peer-reviewed scientific study. The Uma Show specifically disclaim any implied or express warranties about the information and recommendations provided herein.
The information in this website or otherwise provided by The Uma Show its officers and agents, should not be interpreted as medical advice; any recommendations cannot be applied to every individual, without first undergoing a thorough, in-person examination by qualified medical personnel to assess the risks of its application. Readers are urged to consult with a medical professional prior to instituting lifestyle changes. The information provided by the Uma show cannot substitute for professional medical care, whether diagnosis or treatment for any injury, deficiency, or disease.
2. PAYMENT
You may purchase licenses to certain Products through a one-time payment or in monthly installments, as specified on the Sites. When you make a purchase, you authorize us to charge the credit, debit card or PayPal account you provide on a one-time or monthly basis, depending on which payment plan you select.
We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent orders, incorrect pricing or non-payment.
3. REFUNDS
- Refund Policy for Digital and Information Products – Due to the digital nature of online courses and products, and the fact that digital content cannot be returned, our digital courses are non-refundable. We feel confident that we’ve laid out everything you get in our courses in the descriptions of the products. Please read the details and description of each course so you understand exactly what you are buying. Additionally, digital information products and courses are designed to be performed to completion; failure to complete a course will reduce or eliminate its effect upon the customer. We consider registering for our digital products similar to the idea of purchasing a concert ticket (but with a heavy dose of learning). If you purchase a concert ticket, but don’t show up for the show (in this case, digital content), the venue or artist doesn’t give you a ticket refund. Same rules apply here. We’re completely invested in making sure you have the best experience possible, so please email us with any questions about what’s included and what is not included and we will always give you an honest answer so you can make the best decision for you. We’re happy to answer any questions about what is taught, and what is not taught, in our courses. Though The Uma Show, strongly believes in the value of the advice found within its information products, results are not guaranteed. The Uma Show disclaims any express or implied warranties.
- Refund Policy for Coaching and Coaching-Related Services – Refunds for coaching will not be provided under any circumstances.
- Product Refund Policy – If you are not satisfied with a Product that you purchased, you are eligible for a full refund of amounts paid for that Product, provided that you: email us at uma@theumashow.com no later than fifteen (7) days following the date of purchase, requesting a refund, stating the reason for your request. Notwithstanding the foregoing, certain Product purchases may not be eligible for refund, or might be subject to satisfaction of additional or different criteria, if and to the extent we so provide on the applicable Site(s). If you receive a refund for a Product, you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product.
4. YOUR CONTENT
We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.
5. YOUR CONDUCT
You agree that you will not:
(i) use the Services in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances;
(ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;
(iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(iv) violate or attempt to violate the security of the Services;
(v) reverse engineer, decompile or disassemble any portion of the Services;
(vi) “scrape” information from the Services by automated means;
(i) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;
(vii) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or
(viii) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.
6. PROPRIETARY RIGHTS
As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of Uma Ghosh, which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to UAE copyright laws, international conventions, and other copyright laws. Uma Ghosh retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.
7. REPRESENTATIONS AND WARRANTIES
You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.
8. INDEMNITY
You agree to indemnify, defend and hold harmless Uma Ghosh and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. Uma Ghosh reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
9. DISCLAIMERS; LIMITATIONS OF LIABILITY
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.
(c) IN NO EVENT SHALL UMA GHOSH OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES.
(d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY UMA GHOSH OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
(e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES OR PRODUCTS. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY, BECOME HEALTHY, LOSE WEIGHT OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
10. LAW; JURISDICTION
These Terms shall be governed by the laws of the United Arab Emirates in the state of DUBAI without giving effect to the principles of conflict of laws. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION IN THE STATE OF DUBAI.
11. PRIVACY
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.
12. CHANGES
We may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Services after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to support@theumashow.com or in writing to Uma Ghosh PO Box 126810 Dubai UAE
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
14. LINKS
The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
15. MISCELLANEOUS
No joint venture, partnership, employment or agency relationship exists between you and Uma Ghosh as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and Uma Ghosh with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. Uma Ghosh may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, Uma Ghosh shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to Uma Ghosh. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted here under shall be made to you at the most recent email address on file with Uma Ghosh. Notices to us shall be sent by email to uma@theumashow.com or in writing to Uma Ghosh PO box 126810 Dubai UAE