←  sowrav.com SOWRAV BHOWMIK

Legal

Terms & Conditions of Service

Sowrav Bhowmik — Fitness, Nutrition & Transformation Coach
II Floor, Plot No. 4, Minarch Tower, Sector 44, Gurugram, Haryana – 122003
GSTIN: 06BBSPB8878D1Z9

1. Introduction And Acceptance Of Terms

1.1 Definitions. In these Terms, the following expressions shall have the meanings set out below, unless the context otherwise requires:

  • (a) "Terms" means these Terms and Conditions, as may be amended from time to time in accordance with Clause 10.
  • (b) "Coach" means Mr. Sowrav Bhowmik.
  • (c) "Client" or "you" means the individual enrolling in the Program.
  • (d) "Program" means the online fitness, nutrition and lifestyle coaching services offered by the Coach, as more particularly described in Clause 2.
  • (e) "Content" means all content provided to the Client as part of the Program, including but not limited to workout plans, nutritional guidance, videos, instructional materials, and any other proprietary material shared by the Coach, as more particularly described in Clause 6.
  • (f) "Theory Sessions" means the preliminary orientation sessions with which the Program commences, as described in Clause 5.6, and includes any reference thereto as "introductory theory sessions," "strategy sessions," or any other similar nomenclature used by the Coach or the Coach's team from time to time.
  • (g) "Commencement Date" means the date of the Client's first Theory Session, as described in Clause 5.1.
  • (h) "Program Duration" means the total duration for which the Client has enrolled in the Program, calculated from the Commencement Date, and includes any bonus or promotional duration granted to the Client at the time of enrolment, all as more particularly described in Clause 5.1.
  • (i) "Enrolment Confirmation" means the written confirmation issued by the Coach to the Client upon enrolment and payment, as described in Clause 1.4.
  • (j) "Messaging Platform" means WhatsApp, or such other instant messaging platform as the Coach may adopt from time to time, as described in Clause 12.4.
  • (k) "Force Majeure Event" has the meaning given to it in Clause 11.1.

1.2 These Terms govern the provision of the Program by the Coach to the Client, as more particularly described in Clause 2.

1.3 Prior to enrolment, the Client attended a seminar conducted by the Coach, wherein the structure, nature, scope, and requirements of the Program, as well as the Coach's qualifications, were explained in detail, and was provided with a programme deck setting out the structure, pricing, and policies of the Program, including that all fees paid towards the Program are non-refundable save as expressly set out in Clause 4. The Client was further afforded the opportunity to participate in one or more one-on-one consultations with the Coach for the purpose of raising and clarifying any and all queries regarding the Program prior to enrolment, whether or not the Client chose to avail of such opportunity. The Client confirms that the seminar and programme deck referred to above, together with the opportunity for one-on-one consultation, afforded the Client full and reasonable opportunity to deliberate prior to making payment, and that no representation, inducement, or communication of any kind was made to the Client that could be construed as creating pressure, urgency, or duress in relation to the Client's decision to enrol, it being clarified that the availability of any complimentary or promotional benefit linked to the timing of enrolment is an added benefit only, and does not, by itself, constitute such pressure, urgency, or duress. Enrolment and payment towards the Program shall constitute confirmation that the Client has reviewed, understood, and had genuine opportunity to raise queries regarding the aforesaid information prior to making payment.

1.4 Upon enrolment and payment, the Coach shall issue to the Client the Enrolment Confirmation, being a written confirmation by WhatsApp or other written medium confirming the Client's enrolment and recording that the enrolment is governed by these Terms, including the applicable refund policy and Program structure. The Client's enrolment and payment, taken together with the Client's acknowledgment of the Enrolment Confirmation, shall constitute the Client's acceptance of these Terms in their entirety, and such acceptance shall remain valid and binding irrespective of the extent to which the Client subsequently participates in or avails of the Program's services. The complete Terms document, together with the corresponding invoice, shall additionally be furnished to the Client in writing within a reasonable period following enrolment, and shall constitute the complete and definitive written record of the Terms already accepted by the Client under this Clause. The Client's enrolment reserves a dedicated coaching slot with the Coach with effect from the date of enrolment, and these Terms shall apply from that date accordingly.

1.5 Any concerns or queries regarding these Terms may be communicated in writing to the Coach's email address specified in Clause 12.1 within seven (7) days of receipt of the complete Terms document under Clause 1.4. For the avoidance of doubt, the Client's acceptance of these Terms under Clause 1.4 shall not be contingent or conditional upon the expiry of this notice period, and this Clause 1.5 serves solely as a mechanism for the Client to raise objections or queries, and not as the basis on which acceptance of these Terms is constituted.

2. Services

2.1 The Coach offers the Program, comprising online fitness, nutrition and lifestyle coaching services, including but not limited to personalised workout plans, nutritional guidance, and coaching sessions conducted remotely via video conferencing and/or other digital platforms.

2.2 The Client acknowledges that outcomes and results from the Program vary from individual to individual, depending on factors including but not limited to the Client's effort, adherence, consistency, and individual physiological or medical factors, and that the Coach does not guarantee any specific results.

2.3 The Program is intended to run for the Client's full enrolled Program Duration without interruption. The Coach reserves the right to modify the format, structure, tools, or platform used to deliver the Program at any time, without prior notice, in order to enhance or streamline the Client's experience. Given that the Program is delivered by the Coach in a personal, individual capacity, the Coach may, on account of illness, travel, or other personal circumstances, need to reschedule one or more sessions from time to time. In such event, the Coach shall make reasonable efforts to inform the Client and reschedule the affected session(s) at the earliest reasonable opportunity, and may, at the Coach's discretion, extend the Program Duration to account for any such lapsed period. Any such rescheduling or extension shall not be construed as a pause of the Program under Clause 5, a deficiency of service, or a ground for refund, extension, or compensation of any kind, save as the Coach may voluntarily offer under this Clause. In the unlikely event that circumstances require the Coach to discontinue the Program in its entirety prior to completion of the Client's enrolled Program Duration, the Coach shall provide the Client with at least seven (7) days' prior notice, and shall, at the Coach's discretion, either reschedule the Client's remaining sessions or make reasonable alternate arrangements for the remainder of the enrolled Program.

2.4 The place of service is Gurugram, Haryana, India.

3. Eligibility And Client Representations

3.1 The Program is intended solely for individuals who are at least 18 (eighteen) years of age. By enrolling in the Program, the Client represents and warrants that they meet this age requirement. In the event it is discovered that the Client has misrepresented their age at the time of enrolment, the Coach reserves the right to terminate the Client's enrolment forthwith, without any obligation to refund fees paid.

3.2 The Client represents and warrants that they are in suitable physical condition to participate in online fitness training. The Client shall, prior to enrolment and in writing, proactively disclose to the Coach any pre-existing medical conditions, injuries, or circumstances that may affect their ability to safely participate in the Program, including but not limited to cardiac or heart-related conditions, high or low blood pressure, diabetes, pregnancy, recent surgeries, joint, bone, or musculoskeletal conditions, respiratory conditions, or any condition requiring ongoing medical supervision. The Client further undertakes to promptly inform the Coach in writing of any change to their medical condition arising during the course of the Program.

3.3 The Client affirms that they are medically fit to participate in the Program and have consulted a qualified medical practitioner prior to enrolment to confirm the same. The Coach's reliance on the Client's representations under this Clause 3 is a material basis for the Coach agreeing to provide the Program's services, and any non-disclosure or misrepresentation by the Client shall be at the Client's sole risk and shall not give rise to any liability on part of the Coach.

3.4 The Client confirms that the process described under Clause 1.3 also afforded the Client full opportunity to assess and satisfy themselves as to the suitability of the Program for their individual needs and goals, and that payment towards the Program was made only after the Client was fully informed of, and satisfied with, the Program's structure and requirements. The Client accordingly agrees that no claim of inadequate information, lack of clarity, or change of mind regarding the nature or suitability of the Program shall be entertained subsequent to enrolment.

4. Payment, Fee And Refunds

4.1 The Coach offers various subscription plans and pricing options for the Program. Payment details, pricing, and applicable promotions are provided to the Client at the time of enrolment and are subject to change from time to time.

4.2 Fees paid by the Client towards the Program are made in consideration of the Coach reserving a dedicated coaching slot for the Client with effect from the date of enrolment, and not merely as consideration for individual sessions availed by the Client. The Coach's acceptance of the Client's enrolment is necessarily at the expense of any other prospective client to whom the Coach could otherwise have offered that slot, and the Program fee is accordingly earned by the Coach upon such reservation, independent of the extent to which the Client subsequently avails of individual sessions.

4.3 The Program fee payable by a Client based in India shall be as set out in the applicable programme deck at the time of enrolment, plus GST chargeable in accordance with applicable law, and a corresponding invoice shall be issued to the Client. The Program fee payable by a Client located outside India shall be the standard international fee, in US Dollars, as set out in the applicable programme deck at the time of enrolment, and no GST shall be charged thereon where the engagement qualifies as an export of service under applicable GST law. The Client's location for this purpose shall be as declared by the Client to the Coach at the time of enrolment, and the Client represents that such declaration is true and accurate.

4.4 The Client may seek a full refund of fees paid, provided that a written request is made to the Coach in the manner prescribed under Clause 12.1 for grievances and legal correspondence, on or before the earlier of: (i) the expiry of fourteen (14) days from the date on which payment was made; or (ii) the date on which the Client's first session (including any Theory Session) under the Program takes place or is scheduled to take place, whichever occurs first. A request communicated other than in the manner prescribed under Clause 12.1 for grievances and legal correspondence shall not constitute a valid refund request for the purposes of this Clause. For the avoidance of doubt, where a session has been duly scheduled and communicated to the Client, the passing of the scheduled date and time of that session — whether or not the Client attends or participates in it — shall be treated as the session having "taken place" for the purposes of this Clause.

4.5 Where the Coach has communicated to the Client a specific proposed date for the Client's first session, the Client's right to seek a refund under Clause 4.4 shall stand deemed closed with effect from the said scheduled date, in the same manner as if the session had taken place, unless the Client, within three (3) days of such communication, provides a substantive response proposing a specific alternative date for the said session. For the avoidance of doubt, a response merely indicating unavailability, disinterest, or inability to attend, without proposing a specific alternative date, shall not constitute a substantive response for the purposes of this Clause, and the deeming provided herein shall apply notwithstanding such response.

4.6 Notwithstanding Clauses 4.4 and 4.5, and irrespective of whether a first session has been scheduled, communicated, or has taken place, no refund of any kind shall be available or entertained beyond twenty-one (21) days from the date on which payment was made.

4.7 Save as expressly provided under Clauses 4.4 to 4.6, all fees paid towards the Program are non-refundable under any and all circumstances, including but not limited to the Client's subsequent unavailability, discontinuation, loss of motivation, change of mind, or withdrawal from the Program on grounds of suitability or medical contingency, except where otherwise agreed to in writing by the Coach.

4.8 For the avoidance of doubt, Clause 4.7 applies in full to any request for refund, fee adjustment, or discontinuation made on medical grounds, whether or not such grounds were disclosed to the Coach in writing prior to enrolment in accordance with Clause 3.2, and no such request shall be entertained beyond the period and manner expressly provided under Clauses 4.4 to 4.6. Where the Client has failed to disclose, in accordance with Clause 3.2, any medical condition that subsequently affects the Client's ability to participate in the Program, the Client's participation and payment shall be deemed to have been undertaken at the Client's sole risk, and the Coach shall bear no liability whatsoever in connection therewith, without prejudice to Clause 7.

4.9 The Client's enrolment in the Program is personal to the Client and is not transferable or assignable, in whole or in part, to any other person, whether for consideration or otherwise, without the prior written consent of the Coach. The Client shall further not be entitled to convert, adjust, or apply any unutilised Program Duration or fees towards a different plan, format, or type of enrolment, whether for the Client's own subsequent enrolment or that of any other person. Nothing in this Clause shall be construed as restricting the Coach's discretion to make an accommodation in a specific instance; any such accommodation shall not constitute a waiver of, or create any precedent or entitlement in respect of, this Clause in any other instance. The Coach reserves the right to independently verify the identity of the individual attending any session, and any attempt to transfer or share access to the Program without consent shall be treated in the same manner as a breach of Clause 6 (Intellectual Property).

5. Program Structure, Records And Pause

5.1 The Client's enrolment in the Program, and these Terms, shall take effect from the date of enrolment (i.e., the date on which payment is made), in accordance with Clauses 1.4 and 4.2. The Program Duration shall be calculated from the Commencement Date, being the date of the Client's first Theory Session. For the avoidance of doubt, the Program Duration shall include any bonus or promotional duration communicated to and granted to the Client at the time of enrolment, notwithstanding that such bonus or promotional duration may be itemised separately from the paid duration for invoicing purposes.

5.2 The Program shall continue strictly as per the schedule provided and shall not be automatically paused on account of any "no show" or non-attendance by the Client. The Coach shall be under no obligation to treat any period of non-attendance as a pause of the Program.

5.3 The Program Duration may be paused only pursuant to a prior written request by the Client to the Coach, and shall be subject to the Coach's sanction, subject to the following conditions: (i) any single continuous pause shall not exceed one-third (1/3rd) of the total Program Duration; and (ii) the Client shall not be entitled to request a pause on more than two (2) occasions during the course of the Program.

5.4 Where the Coach sanctions a pause under Clause 5.3, the Program's end date shall stand extended by a period equivalent to the duration of the sanctioned pause.

5.5 Notwithstanding Clauses 5.3(i) and 5.3(ii), the Coach may, at the Coach's sole discretion, agree in writing to a pause exceeding the limits set out therein, including on account of genuine medical or other exceptional circumstances, following due discussion with the Client. Any such exception shall not be construed as a waiver of the Coach's rights under this Clause in respect of any future request.

5.6 The Program commences with the Theory Sessions, which serve as preliminary orientation for the Client prior to the commencement of the Client's weekly coaching sessions under the Program. The Client shall, in addition to the Theory Sessions, be entitled to receive the full number of weekly coaching sessions corresponding to their enrolled Program Duration, to be scheduled following completion of the Theory Sessions in accordance with Clause 5.7. The Client acknowledges that the actual calendar period over which the Program is delivered shall be calculated from the Commencement Date and administered in accordance with this Clause 5.

5.7 Following completion of the Theory Sessions, the Client shall be required to furnish certain baseline information and documentation as reasonably required by the Coach for the purposes of administering the Program, within seven (7) days of the date of the Client's final Theory Session. The commencement of the Client's weekly coaching sessions is contingent upon, and shall follow only after, the Client's compliance with this Clause. The onus of timely compliance, and of promptly scheduling the weekly sessions thereafter, shall lie solely upon the Client. For the avoidance of doubt, any delay on the Client's part in complying with this Clause shall not result in any extension of the Program Duration, it being expressly recorded that the Program Duration commences from the Commencement Date in accordance with Clause 5.1, irrespective of any subsequent delay in the scheduling or commencement of weekly sessions.

5.8 The Client acknowledges and agrees that the responsibility for timely compliance with Clause 5.7 rests solely with the Client. The Coach shall not be liable for any delay, lapse, discontinuation, or diminution in the Client's utilisation of the Program arising from such non-compliance, and no claim for refund, extension, credit, or adjustment of any kind shall arise therefrom.

5.9 For the avoidance of doubt, the Client's participation in any Theory Session shall constitute attendance of a session for the purposes of Clause 4.4, and the Client shall accordingly stand governed by Clause 4.5 in respect of any request for refund made thereafter.

5.10 For the avoidance of doubt, the Program Duration is determined solely and exclusively in accordance with Clause 5.1, subject only to such variation as may arise under Clause 5.3 (pause), Clause 2.3 (rescheduling or extension on account of the Coach's unavailability), or Clause 11 (Force Majeure). The Program Duration is not otherwise dependent upon, or determined by reference to, the number of sessions attended, recorded, or reflected as availed by the Client in any tracker, spreadsheet, or similar document shared with the Client for the Client's convenience. Any entry made or altered by the Client in any such document, whether by addition, omission, misattribution, or otherwise, shall have no bearing on, and shall not extend, alter, or otherwise affect, the Program Duration except as expressly provided in this Clause.

5.11 Any attempt by the Client to alter, misrepresent, or misattribute entries in any such document with the intent of misrepresenting the Client's attendance or entitlement shall constitute a material breach of these Terms, entitling the Coach to terminate the Client's enrolment forthwith, without any obligation to refund fees paid, in addition to any other remedy available to the Coach under law.

6. Intellectual Property

6.1 All Content is and shall remain the exclusive intellectual property of the Coach, protected under the Copyright Act, 1957 and other applicable law.

6.2 The Content is licensed to the Client strictly for the Client's individual and personal use, solely for the duration of the Client's enrolment in the Program. Such license shall automatically stand revoked and terminated upon expiry, discontinuation, or termination of the Client's enrolment for any reason whatsoever, and the Client shall thereafter cease all use of the Content.

6.3 The Client shall not reproduce, distribute, publish, transmit, create derivative works from, or otherwise exploit the Content, in whole or in part, in any form or medium, without the prior written permission of the Coach.

6.4 The Client is strictly prohibited from recording, capturing, screen-recording, screenshotting, or otherwise reproducing, in any format or by any means, any coaching session, video call, or other communication conducted as part of the Program, save with the express prior written consent of the Coach.

6.5 Any breach of this Clause 6 shall entitle the Coach to pursue all remedies available under applicable law, civil or otherwise, to the fullest extent permitted by law, including but not limited to injunctive relief, damages, and such other remedies as may be available under the Copyright Act, 1957, the Information Technology Act, 2000, and any other applicable legislation. The Coach's rights under this Clause shall survive the termination or expiry of the Client's enrolment.

6.6 Nothing in these Terms, the programme deck, or any other communication of the Coach shall be construed as granting the Client any license, access, or right to the Content beyond what is expressly provided under this Clause 6. Any knowledge, skill, or understanding acquired by the Client through participation in the Program is personal to the Client and may be applied by them in their personal capacity; it does not, however, confer upon the Client any right, title, or interest in the Content itself, which remains the sole and exclusive property of the Coach in accordance with this Clause 6.

7. Disclaimers And Data Privacy

7.1 The Coach is not a licensed medical practitioner and does not provide medical advice, diagnosis, or treatment of any kind. All information, guidance, and content provided as part of the Program is for educational, informational, and general fitness/nutritional purposes only, and is not a substitute for professional medical advice.

7.2 The Program is limited strictly to online fitness, nutrition, and lifestyle coaching, and does not extend to, and shall not be construed as extending to, any medical, psychological, psychiatric, or other professional healthcare service. The Coach's role and services shall at all times be confined to this stated scope, and no liability shall attach to the Coach in respect of any matter falling outside it.

7.3 The Client acknowledges that participation in online fitness training and adoption of nutritional or lifestyle changes carries inherent risks, including but not limited to risk of physical injury, aggravation of pre-existing or undisclosed medical conditions, and adverse physical reactions to dietary or lifestyle changes. The Client voluntarily assumes full responsibility for all such risks and for any injury, loss, or damage arising therefrom.

7.4 The Coach's provision of the Program, and any guidance given, is rendered in reliance on the representations, disclosures, and information provided by the Client under Clause 3. Where the Client fails to disclose, inaccurately discloses, or is unaware of any medical condition, injury, or health-related fact relevant to their participation in the Program, whether such failure or inaccuracy is intentional or otherwise, the Coach shall bear no liability whatsoever in respect thereof, and the entire risk arising from such non-disclosure or inaccuracy shall lie with the Client.

7.5 The Program is delivered through third-party video conferencing and digital platforms. The Coach shall not be liable for any interruption, delay, outage, technical failure, or disruption of service arising from such third-party platforms or the Client's own internet connectivity or equipment.

7.6 Data Privacy. The Coach collects and processes personal information relating to the Client, including health-related information, body measurements, and photographs ("Personal Data"), solely for the purposes of administering and delivering the Program.

7.7 The Coach shall take reasonable measures to keep such Personal Data confidential and shall not disclose, use, or process it for any purpose other than the delivery of the Program, save: (i) where required for the delivery of the Program; (ii) with the Client's consent; or (iii) where required under applicable law, or where reasonably necessary to protect the Coach's legitimate interests in connection with any dispute or matter arising out of the Program.

7.8 The Coach shall implement reasonable security safeguards to protect such Personal Data against unauthorised access, use, or disclosure, and shall, in the event of any personal data breach, take such steps and provide such notification as may be required under applicable law.

7.9 Without prejudice to the foregoing, the Coach shall not use any photographs, videos, progress data, or other material documenting the Client's transformation or progress under the Program, for testimonial, promotional, marketing, or any other purpose, unless the Coach has obtained the Client's consent for such use.

7.10 The Client consents to the collection, storage, and processing of Personal Data solely for the purposes of administering and delivering the Program, as set out in this Clause. The Client acknowledges that such Personal Data is integral and necessary to the administration and delivery of the Program, and that the Client's consent to its collection, storage, and processing, as aforesaid, forms part of the Client's overall acceptance of these Terms.

7.11 The Client may withdraw such consent by written notice to the Coach in the manner prescribed under Clause 12.1 for grievances and legal correspondence. The Client acknowledges that, given the integral nature of such Personal Data to the Program, withdrawal of consent may render the Coach unable to continue providing the Program, and the Coach shall, in such event, be entitled to discontinue the Program, which discontinuation shall be treated as non-refundable in the same manner as provided under Clause 4.7.

7.12 Withdrawal of consent shall not affect the legality of any processing carried out prior to such withdrawal, and shall not preclude the Coach from continuing to process or retain such Personal Data as may be lawfully required or permitted under applicable law, including for record-keeping, statutory, regulatory, or accounting purposes.

7.13 Nothing contained in these Terms, nor any content, guidance, or communication provided by the Coach as part of the Program, shall be construed as extending the Coach's role, responsibility, or liability beyond the scope of online fitness, nutrition, and lifestyle coaching services as expressly described herein.

8. Limitation Of Liability

8.1 To the fullest extent permitted by law, and without prejudice to Clauses 3, 4, and 7 above, the Coach shall not be liable to the Client for any indirect, incidental, special, or consequential loss or damage of any nature whatsoever, arising out of or in connection with the Program or these Terms.

8.2 Without prejudice to the exclusions set out in Clause 8.1, in respect of any liability of the Coach that is not thereby excluded, the aggregate liability of the Coach arising out of or in connection with the Program shall in no event exceed the total fees actually paid by the Client towards the Program.

8.3 The provisions of this Clause 8 reflect the agreed allocation of risk between the Coach and the Client, having regard to the nature, scope, and fees of the Program, and shall apply notwithstanding any other provision of these Terms.

9. Grievance Redressal, Dispute Resolution, Arbitration And Jurisdiction

9.1 The Client shall, in the first instance, raise any grievance concerning the Program or these Terms with the Coach through the channels specified in Clause 12.1, with sufficient detail to enable the Coach to understand and address it. A message merely expressing dissatisfaction, without identifying the specific concern and the particulars thereof, shall not constitute a grievance raised for this purpose. The Coach shall endeavour to respond substantively within fourteen (14) days of any such grievance being raised.

9.2 The Client agrees not to make or publish, to any third party or on any public platform including social media, any statement concerning the Coach or the Program that is false, misleading, or defamatory. Any breach of this Clause shall entitle the Coach to pursue all remedies available under law, including under the law of defamation and the Information Technology Act, 2000, without prejudice to the Coach's other rights and remedies under these Terms.

9.3 In the event of any dispute arising out of or in connection with the Program or these Terms, the parties shall first endeavour to resolve the same through mutual conciliation.

9.4 Should the dispute remain unresolved, and save for any statutory remedy available to the Client that cannot lawfully be excluded or ousted by agreement, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator, seated at Gurugram, Haryana, and the proceedings shall be conducted in English. The sole arbitrator shall be appointed by mutual agreement of the parties within thirty (30) days of a dispute being referred to arbitration under this Clause, failing which the appointment shall be made in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

9.5 These Terms, and any dispute or matter arising out of or in connection with the Program or these Terms, whether under arbitration, before any court, or otherwise, shall be governed exclusively by the laws of India, and, save for any statutory remedy available to the Client that cannot lawfully be excluded or ousted by agreement, shall be subject to the exclusive jurisdiction of the courts at Gurugram, Haryana, India only.

9.6 No act, forbearance, or accommodation by the Coach in response to any grievance, request, or conduct of the Client — including any resolution reached otherwise than in strict accordance with these Terms — shall constitute a waiver of, or estoppel against, the Coach's rights under these Terms, whether in respect of that instance or any subsequent instance, and the Coach shall remain entitled to enforce these Terms strictly notwithstanding any such prior accommodation.

9.7 Any communication made by the Client to any person or number other than as specified in Clause 12.1 for the relevant purpose, including communication with the Coach's team or staff, shall not constitute a grievance raised under Clause 9, or a representation or notice of any kind binding on the Coach. No response or non-response by the Coach's team or staff to any such communication shall be construed as agreement with, or acceptance of, its contents, and the Coach's obligations under these Terms shall be determined solely by reference to communications made in accordance with Clause 12.1.

9.8 Notwithstanding anything contained in these Terms, the Coach may terminate the Client's enrolment forthwith, without any obligation to refund fees paid and without any pro-rata adjustment, where the Client engages in abusive, threatening, or harassing conduct towards the Coach or the Coach's team, or commits a material breach of these Terms that remains unaddressed following notice from the Coach. Any such termination shall be treated as non-refundable in the same manner as provided under Clause 4.7.

10. Amendments

10.1 The Coach reserves the right to modify or amend these Terms at any time. Any such amendment shall be notified to the Client by WhatsApp or email, and shall take effect from the date of such notification.

10.2 Any amendment made under Clause 10.1 shall apply, with effect from the date of notification, to all new enrolments in the Program, and to all matters arising under an existing Client's enrolment other than those specified in Clause 10.3.

10.3 No amendment made under Clause 10.1 shall, without the Client's express written consent, alter the fee already paid by an existing Client, the refund provisions under Clause 4 applicable to that Client's enrolment, or the Program Duration and structure applicable to that Client's enrolment, as they stood on the date of that Client's original enrolment.

11. Force Majeure

11.1 Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay arises from circumstances beyond that party's reasonable control, including but not limited to natural disasters, pandemics or epidemics, government action or restrictions, internet or platform outages, or other similar events ("Force Majeure Event"). For the avoidance of doubt, matters governed by Clause 2.3 shall be governed by that Clause and not by this Clause 11.

11.2 Upon occurrence of a Force Majeure Event, the affected party's obligations under these Terms shall stand suspended for the duration of such event, and neither party shall be liable to the other for any resultant delay or non-performance during such period. Where the Force Majeure Event ceases within a reasonable period, the Program shall resume, and the Program Duration shall stand extended by a period equivalent to the duration of the suspension.

11.3 Where a Force Majeure Event, or its effects, renders the Coach permanently or indefinitely unable to continue providing the Program, the Coach's obligations under these Terms shall stand discharged with effect from such event, and the Client shall not be entitled to any refund, compensation, extension, or other claim whatsoever in connection therewith or arising therefrom.

11.4 Save as expressly provided under this Clause 11, no refund, compensation, or other adjustment of any kind shall be payable by the Coach on account of a Force Majeure Event, whether affecting the Coach, the Client, or both.

12. General Provisions And Contact Information

12.1 For general, day-to-day, and Program-related communication, including all communication prior to enrolment, the Client may contact the Coach via WhatsApp at +91-8796-776-775 (Team) or +91-8805-496-898 (Coach). For any refund request under Clause 4, grievance required to be raised under Clause 9, or any legal correspondence, notice, or communication required to be made in writing under these Terms, the Client shall contact the Coach exclusively via email at care@sowrav.com, with a copy of the same communication additionally sent via WhatsApp to both +91-8805-496-898 (Coach) and +91-8796-776-775 (Team), to ensure the same is duly received and recorded. For the avoidance of doubt: (a) a communication sent solely via WhatsApp, without the corresponding email to the address specified above, shall not constitute a valid grievance, refund request, legal correspondence, or notice for the purposes of these Terms, regardless of its content; and (b) communication via SMS or text message shall not constitute valid communication for any purpose under these Terms. (References to WhatsApp in this Clause 12 are subject to Clause 12.4.)

12.2 If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitral tribunal of competent jurisdiction, such provision shall be severed, and the remaining provisions of these Terms shall continue in full force and effect.

12.3 These Terms, together with the programme deck shared with the Client prior to enrolment, the Enrolment Confirmation issued under Clause 1.4, and any other communication expressly referenced herein, together constitute the entire agreement between the Coach and the Client in relation to the Program. Save for the aforesaid, these Terms supersede all other prior discussions, representations, or understandings, whether written or oral. In the event of any conflict or inconsistency between these Terms and the programme deck or any other constituent document referred to in this Clause, these Terms shall prevail.

12.4 As of the date of these Terms, the Messaging Platform referred to in this Clause 12 is WhatsApp. In the event the Coach ceases to use WhatsApp for communication with Clients, whether on account of the platform's unavailability or otherwise, the Coach shall use such other instant messaging platform as the Coach may adopt, and the Client shall be duly informed of such change in the ordinary course of the Coach's communication with the Client, including during the Client's ongoing sessions. Upon such change, references in these Terms to WhatsApp shall be read as references to the then-current Messaging Platform, and the phone numbers or identifiers specified in Clause 12.1 shall continue to apply on such platform unless otherwise notified.

By enrolling in and making payment towards the Program, the Client acknowledges having read and understood these Terms and Conditions, and agrees to be bound by them in accordance with Clause 1.