Table of content

Ashram Rules & Guidelines

Our Ashram is an abode of peace and shelter from the pressures of worldly life. It provides a safe space for personal development and the pursuit of spiritual ideals. To be here is to practice and live together, honoring both our highest selves and that of others. People come from many walks of life and from every corner of the world to experience the profound spirituality of ancient India, and the centuries-old disciplines of yoga, vedanta and ayurveda.

Maintaining a positive spiritual atmosphere requires the involvement and participation of all guests and staff. In this regard we request your cooperation in observing the following rules and guidelines.

  1. Dress Code
    • Guests’ behaviour and dress code should be respectful of the local culture and enhance the spiritual atmosphere.
    • Observance of the dress code should be maintained at all times including during asana classes or swimming.
    • This includes:
    • Men and women must cover shoulders, midriff and legs.
    • Tight fitting, transparent and revealing clothing are not permitted.
    • Shorts above the knee
    • Leggings
    • Low cut and sleeveless t-shirts
    • Tank tops
  2. Prohibited items
    • Smoking, alcohol, drugs, meat, fish, eggs, garlic and onions are not allowed.
    • The use of mobile phones is permitted in designated areas.
    • Photography, video, audio recording during classes and ceremonies is only possible with the permission of the director.
    • Pets are not allowed.
  3. Attendance
    • Attendance to Ashram activities is a part of the Yoga Vacation programme
    • To truly tap into all the rejuvenating effects of a yoga vacation, we encourage everyone to attend at least morning and evening satsangs and one yoga class daily. Announcements are made during morning satsang. The more you can tune in and really soak in the natural peace of our environment and community, the better your body and mind will feel overall.
    • As a mark of respect for the teacher and as a practice of self-discipline, guests must be on time and remain for the duration of each programme.
    • Asana classes are open to resident guests only.
    • Silence
    • Guests are requested to observe silence during meals, before morning satsang and after evening satsang.
    • Detach from your cell phone, especially during Satsang. If using it as a recording device during the spiritual lecture (as it is a nice way to deepen your learning), just ensure that you have put it into silent/airplane mode and turned off all alarms and noise making apps before leaving your room.
    • For those working from the Ashram please be respectful of others around you.
    • We also ask that silence is observed from 10:30 pm to 6:00 am so that all can have a restful sleep and a peaceful mind before morning Satsang.
    • Lights out after 10.30pm.
  4. Free Day
    • There are no lecture or coaching classes on the free day.
    • To maintain the sattvic ashram atmosphere and to derive the maximum benefit during your stay, we expect guests and staff to remain in the ashram compound during their stay apart silent walks on Sunday and Wednesday mornings and Friday free days (see below). In case of pressing need inform the reception for an out pass.
    • The yoga asana classes and meals run as usual.
    • Guests may go out on Fridays between 7.30am – 5.30pm.
    • The ashram also offers organised day trips on Fridays.
    • Swimming in the dam reservoir is not allowed because of the deep water, crocodiles, and power boats.
  5. Male-Female Relations
    • To respect the local culture and the monastic tradition, kindly restrain from expressions of affection such as hugging or kissing in public. Guests at the Ashram are advised to observe celibacy (brahmacharya) as part of the spiritual discipline. Male and female dormitories are separate. Men are not allowed in the ladies’ dormitory and vice versa.
    • The Sivananda Yoga Vedanta Centre organisation of India disapprove of and condemn any form of harassment directed at guests, staff or visitors.
  6. Harassment Policy
    • Specifically, no harassment, proposals or innuendos with a sexual connotation will be tolerated during any programme or activity organised by the Ashram. Guests and students participating in such programmes and activities are accordingly made aware of this policy and invited to apply it in their personal behaviour during their stay.
    • Any guest or student who thinks he/she may be the victim of unsolicited advances or any other form of sexual harassment is asked to notify a senior Swami or director immediately in order for corrective action to be undertaken without delay. Complaints made to a senior Swami or director will be treated confidentially and the alleged violator or any third party will not be advised of the complainant’s identity without the latter’s consent.
    • Our Prevention of Sexual Harassment/Misconduct (POSH) Policy is in place to protect all who are present in the Ashram.

Refund & cancellation policy

Yoga Vacation

  • For advanced cancellation up until your booked arrival date/time
    • refund will be minus a processing fee of 10% (or more if it is an international bank transfer)
  • For early departure
    • there will be no refund for the first 3 nights
    • refund will be minus 10%* (or more if it is an international bank transfer)
  • There will be no refund
    • for no-show or late cancellation
    • where unofficial changes in the booking result in empty beds not being available for others to book.
  • Bookings can only be transferred to different dates where those dates are known at the time of cancelling the original booking and when the required accommodation is available.

*Refunds

  • of domestic payments will be via domestic bank transfer
  • of international payments will be via international bank transfer where the amount due is at least Rs 7,000.
  • The processing charges deducted will be minimum of Rs 6,000 or 10% whichever is highest.
  • International bank transfer is likely to take six to nine months.

Please note: No refund or credit will be given in the case of dissatisfaction with the ashram schedule or accommodations or with the presentation or content of the Yoga Vacation/course/programme.

Teachers Training Course | Advanced Teacher Training Course | Sadhana Mandalam

  • For Domestic Payments from Resident Indians:
    • For cancelling the registration before the start of the course, the original payment will be refunded less 6.5%.
    • Once the course starts, if the student decides to leave within five days, the original payment will be refunded less 18%.
  • For Overseas Payments:
    • As refunds will be via international bank transfer, which take six to nine months to process, the cancellation fee has to be higher.
    • The advance payment of partial course fee, service fee and taxes paid to GetOnYoga Pvt. Ltd. are fully nonrefundable.
    • Once the course starts, if the student decides to leave within five days, the course fee paid will be refunded less 25%.
  • After five days of the course: in case of discontinuation of the course after the Friday of the first week, no refund will be issued.
  • Students leaving the course before completion, are required to return manual and uniforms.
  • Full refund of the course fee paid will only be granted where SYVC has had to cancel the course / programme.

2 week programmes

  • For Domestic Payments from Resident Indians:
    • For cancelling the registration before the start of the programme, the original payment will be refunded less 6.5%.
    • Once the programme starts, if the student decides to leave within three days, the original payment will be refunded less 18%.
  • For Overseas Payments:
    • As refunds will be via international bank transfer, which can take six – nine months to process, the cancellation fee has to be higher.
    • The Booking Fee, consisting of course fee advance, service fee and taxes, which is paid to GetOnYoga Pvt. Ltd. is 100% nonrefundable.
    • Once the programme starts, if the student decides to leave within three days, the programme fee paid will be refunded less 25%.
  • After three days of the programme: in case of discontinuation of the course after the Friday of the first week, no refund will be issued.
  • Students leaving the programme before completion, are required to return manual and uniforms.
  • Full refund of the programme fee paid will only be granted where SYVC has had to cancel the programme.

Release and limitation of Liability

In registering for and participating in an SYVC Course, I hereby express my understanding, acknowledgement and agreement as follows:

  1. I will be involved in physical activity and, as with any physical activity, there is a risk of injury;
  2. While SYVC staff, facilitators and instructors have advised that they make every reasonable effort to minimize exposure to known risks, I have been advised that none of the SYVC staff, facilitators, instructors or volunteers are licensed medical care providers and they have no expertise in determining the effect of any specific program or course on a medical condition;
  3. SYVC recommends that, before participating in any SYVC Course, I consult with my physician to ensure that my physical condition permits safe participation in an SYVC Course;
  4. By participating in an SYVC Course, I am certifying that my level of physical condition as determined by myself and/or my physician will allow me to safely participate in this program;
  5. I am participating voluntarily and do so at my own risk;
  6. I hereby fully release the SYVC and its officers, directors, agents, staff, employees, facilitators, instructors, volunteers and sponsoring agencies from all claims or lawsuits for any injuries, death, property damage or theft, losses, or any other liability of any kind, arising directly or indirectly out of my participation in an SYVC Course;
  7. I understand and agree that, although SYVC endeavors to impart the importance of integrity and ethics in Yoga Teachers, Advanced Yoga Teachers, Sadhana Intensive and other courses they offer, SYVC is not responsible for the actions of those who have taken training in this course;
  8. I understand that the name Sivananda Yoga Vedanta Center and Sivananda are trademarked by SYVC, and that I cannot use these words in connection with the title or publicity of yoga courses or classes that I may offer, unless I have written permission from SYVC, although SYVC has advised that it is entirely appropriate for SYVC to be listed in my course bio or resume as a statement of my training;
  9. I understand that the content of SYVC Yoga training course and manuals are copyrighted by SYVC and as such are legally the intellectual and physical property of the originator. I agree that I cannot reproduce any of their content in written or verbal form except with the prior written consent of SYVC, and any references to their content must be credited to SYVC with verbal/written reference to www.sivananda.org;
  10. I understand and agree that I cannot hold, conduct or assist with conducting, any yoga teacher training courses which copy, reproduce or duplicate either the structure or content of the SYVC training course without obtaining prior written consent of SYVC;
  11. I agree that in cases where overseas banks impose currency conversion fees or other miscellaneous charges on the cardholder or bank account holder during the transaction, it is suggested to include a provision stating that such charges will need to be borne by me;
  12. I acknowledge and agree that this Release Form, Limitation of Liability and Consent to use Personal Information is governed by and construed in accordance with the laws of the State and the Central Government of India applicable therein, without regard to the principles of conflict of law.
  13. I irrevocably consent to the exclusive jurisdiction and venue of the Courts of the Judicial District of the State in which the programme I am pursuing is conducted, for all disputes arising out of or related to the SYVC Course.
  14. I recognize that this Release Form, Limitation of Liability and Consent to use Personal Information is a legal contract and that, by reading it carefully, I have complete knowledge of its contents.

Privacy Policy

SIVANANDA YOGA VEDANTA DHANWANTARI ASHRAM, having its registered office at P.O. Neyyar Dam, Dt. Thiruvananthapuram Kerala 695 572, INDIA (“Company” or “we” or “us”), is the owner of the website domain at sivananda.org.in or / and sivanandayoga.org respectively (referred as “Platform”).

Any Service availed by Users of the Platform (as defined in the Terms of Service) (hereinafter referred to as “you”, “your” or “User”) through the Platform is conditioned upon your acceptance of the terms and conditions contained in Terms of Service, as available on Platform and this privacy policy (“Privacy Policy”).

THIS PRIVACY POLICY HAS BEEN DRAFTED AND PUBLISHED IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY ACT 2000, THE INFORMATION TECHNOLOGY (AMENDMENT) ACT 2008, AND THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011. THIS PRIVACY POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS A USER OF THE PLATFORM AND US, AS THE OWNER OF THE PLATFORM. YOU MUST BE A NATURAL PERSON WHO IS AT LEAST 18 YEARS OF AGE.

1. Introduction and applicability of the Privacy Policy

1.1 We are strongly committed to respecting your online privacy and recognise the need for appropriate protection and management of any personal information collected and/or collated by us.

1.2 The purpose of this Privacy Policy is to ensure that there is an intact charter to collect, use and protect any personal and/or sensitive data collected by us. This Privacy Policy defines our procedure for collection, usage, processing, disclosure and protection of any information obtained by us through the Platform.

1.3 Any reference made to Privacy Policy in this document shall mean and refer to the latest version of the Privacy Policy.

1.4 During the course of your association with us, you may be required to execute certain other agreements and such agreements and this Privacy Policy shall, together with the ‘Terms of Service’ which is made available at sivananda.org.in/terms-of-service, unless explicitly specified to the contrary, govern your relationship with us.

2. Disclaimer

2.1 Please be advised that any Information (as defined herein below) procured by us, shall be: a. processed fairly and lawfully for rendering the Services (as defined in Terms of Service);
b. obtained only for specified and lawful purposes, and not be used in any manner which is against the law or policy in force in India (“Applicable Law”);
c. adequate, relevant and not excessive in relation to the purpose for which it is required;
d. able to be reviewed by the User, from time to time and updated-if need arises; and
e. not kept longer than for the time which it is required or the purpose for which it is required or as required by the Applicable Law.

2.2 WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY REASON OF ANY DISCLOSURE (INADVERTENT OR OTHERWISE) OF ANY DATA, IF THE SAME IS EITHER (A) REQUIRED FOR SHARING YOUR INFORMATION FOR LEGITIMATE PURPOSES; OR (B) WAS AFFECTED THROUGH NO FAULT, ACT, OR OMISSION OF THE COMPANY.

2.3 BY USING THE SERVICES, YOU EXPLICITLY ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE COLLECTION, USE AND TRANSFER OF THE DATA IN THE MANNER DESCRIBED HEREIN.

2.4 PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT AFFECTS YOUR RIGHTS AND LIABILITIES UNDER LAW.

3. Your consent

3.1 Please note that by providing the Information (as enumerated upon herein below) or by consenting to the provision of the Information by your authorised Representative, you provide your consent and authorise us to collect, use or disclose Information for the Legitimate Purposes (as defined below) and as stated in this Privacy Policy, the Terms of Service and as permitted or required by Applicable Law. Moreover, you understand and hereby consent that this Information may be transferred to any third-party user for the purpose of providing Services through the Platform or to any third-party providers for rendering Services (as defined in the Terms of Service), any jointly developed or marketed services, payment processing, order fulfilment, customer services, data analysis, information technology services and such other services which enable us to provide Services through the Platform.

3.2 This Privacy Policy shall be enforceable against you in the same manner as any other written agreement. By visiting or accessing the Platform and voluntarily providing us with Information (including Personal Data), you are consenting to our use of the Information, in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you may refuse or withdraw your consent any time, or alternatively choose to not provide us with any Personal Data or Sensitive Personal Information. Under such circumstance, your access to the Services we provide may be limited or we may be unable to render Services.

3.3 Such an intimation to withdraw your consent can be sent to [email protected].

4. Types of information collected by us:

4.1 “Personal Data” means and includes any information that relates to a natural person through which an individual is identified, such as the name, date of birth, educational information and related data, contact details, email address, gender, age, insurance data or any other relevant material provided by a User, including but not limited to, information gathered through availing Services. User, as part of onboarding process, may be required to provide name, mobile number of two individuals, family doctor, speciality doctor (“Contact Personnel”). User represents and warrants that it shall obtain prior consent of Contact Personnel before sharing any personal data of Contact Personnel with the Company.

4.2 “Sensitive Personal Information” shall mean personal information, which consists of information relating to any to the following of an individual:

i. physical, physiological and mental health condition;
ii. sexual orientation;
iii. insurance data;
iv. important dates and events;
v. personal interest;
vi. medical records and history;
vii. banking and finance related documents (excluding passwords, pins etc.);
viii. legal documents, agreements;
ix. vehicle registration documents;
x. health data.

4.3 “Technical Information” means and includes any information gathered through various technologies that may employ cookies, web beacons, or similar technologies to automatically record certain information from your device through which you use the Platform. This technical information may include your Internet Protocol (IP) address, device or browser type, Internet Service Provider (ISP), referring or exit pages, clickstream data, operating system, hardware model, operating system version, unique device identifiers, and mobile network. This data includes usage and log information and user statistics.

4.4 “Locational Information” shall mean and include the geo-information obtained through GPS or other means, such as the geographical location of the User and sensor data from the device on which you access the Services.

4.5 “Non-Personal Information” a. “Information through use of our Service” means and includes information which is shared with us to avail our Services.

b. “Non-Personal Information” means and includes any information that does not reveal your specific identity, such as, browser information, information collected through Cookies (as defined below), pixel tags and other technologies, demographic information, crash reports, system activity, device state information etc. As is true with most websites and mobile applications, Company gathers some information automatically when you visit the Platform. When you use the Platform, we may collect certain information about your computer or mobile to facilitate, evaluate and verify your use of the Platform. For example, we may store environmental variables, such as browser type, operating system, speed of the central processing unit (CPU), referring or exit web pages, click patterns and the internet protocol (IP) address of your computer. This information is generally collected in aggregate form, without identifying any user individually.

(The Personal Data, Sensitive Personal Information, Technical Information, Locational Information, and Non-Personal Information are collectively referred to as “Information).

5. Purpose of Collection and Usage of this Information:

5.1 The Information collected by us shall be used for availing our Services and utilised for other functions including but not limited to:

a. to render Services (as defined in the Terms of Service);
b. for maintaining the Platform;
c. to evaluate the quality and competence of our personnel;
d. to resolve any complaints, you may have and ensure that you receive the highest quality of Services;
e. notifying you about changes to our Platform;
f. allowing you to participate in interactive features of our Platform when you choose to do so;
g. providing analysis or valuable information so that we can improve the Platform;
h. monitoring the usage of the Platform;
i. detecting, preventing and addressing technical issues;
j. to conduct crash analytics in the event the Platform and/or Service crashes;
k. analyse usage patterns and user preferences;
l. improve user experience;
m. notify you about new products and features.

5.2 Business or Research Purposes: The Information saved and except Personal Data, is used for business or research purposes, including improving and customising the Platform for ease of use and the products and services offered by us. We may archive this information to use it for future communications for providing updates and/or surveys.

5.3 Aggregating Information / Anonymised data: We may aggregate Information and analyse it in a manner to further accentuate the level of services that we offer to our customers. This Information includes average number of Users of the Platform, the average clicks of the services/, the features used, the response rate, etc. and other such statistics regarding groups or individuals. In doing so, we shall not be making disclosures of any Personal Data as defined above. (Collectively referred to as “Legitimate Purposes”)

6. Disclosure and Sharing of Information:

6.1 We do not rent, sell or disclose or share any Information that we collect from you, with third parties, save and except in order to provide you with the Services or for the Legitimate Purposes as specified above. Any such disclosure, if made, shall be in accordance to this Privacy Policy and as per the procedure prescribed by law and in compliance with our legal obligations. Additionally, we may share your Information in circumstances and for the purposes as specified hereunder:

a. We shall share the information to the third-party service providers/ vendors, to provide you with the Services and to effectuate any activities that fall under the Legitimate

Purpose for which such Information has been collected.

b. When compelled by law: We may disclose any Information provided by you on the Platform as may be deemed to be necessary or appropriate:

i. under Applicable law, including laws outside your country of residence;
ii. to comply with legal process;
iii. to respond to requests from public and government authorities including public and government authorities including public and government authorities outside your country of residence;
iv. to protect our operations or those of any of our affiliates;
v. to protect our rights, privacy, safety or property, and/that of our affiliates, you or others;
vi. to allow us to pursue available remedies or limit the damages that we may sustain;
vii. to protect against legal liability;
viii. to protect the personal safety of Users of the Platform;
ix. to prevent or investigate possible wrongdoing in connection with the Platform.

c. Merger or Acquisition: We may share Information upon merger or acquisition of Company with another company. We shall transmit and transfer the Information upon acquisition or merger of Company with another company;

d. With our service providers: We may share Information with other service providers on a need-to-know basis, subject to obligations of confidentiality for provision of Services. We hereby clarify that the Company works with institutions, vendors, partners, advertisers, and other service providers, including (but not limited) to those who provide products or services such as contact Information verification, website hosting, data analysis, providing infrastructure, information technology services, auditing services and other similar services, in different industries and categories of business by virtue of lawful contracts instituted between such third parties and Company to improve our product and services. Accordingly, we may share your Information with such service provider in order to provide you with Services;

e. Employees /Agents of Company: We follow a strict confidentiality policy with regard to disclosure of confidential information to our employees or other personnel. There may be situations, where we may disclose the confidential information only to those of our employees and other personnel on a need-to-know basis. Any breach of confidential information by the employees, personnel within the Company is dealt with stringently by us.

6.2 Except for the Information disclosed pursuant to sub-clause (a), (b), (c), (d) and (e) of Clause

6.1 above, Company may share Information, if you authorise us to do so.

7. Transfer of Information

7.1 Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.

7.2 If you are located outside India and choose to provide information to us, please note that we may transfer the data to India to process the Information.

7.3 Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

7.4 We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your data will take place to an organisation or a country unless there are adequate controls in place including the security of your data.

8. Your Rights

You can always choose not to provide the requested information to us, it may however result in you not availing certain features of, or the entire, of our Services. You retain several rights in relation to your Personal Data as provided under Applicable Law.

These may include the rights to:

a. access, confirm, and review Personal Data you may have provided;
b. correct Personal Data that may be inaccurate or irrelevant;
c. delete and erase your Personal Data from the publicly available pages of the Platform;
d. receive Personal Data we hold about you in a portable format;
e. object to or restrict any form of processing you may not be comfortable with.

In order to exercise these rights, please contact us on the email address provided in Clause

3.3 above.

If you want to withdraw your consent or raise any objection to the use of your information for receiving any direct marketing information to which you previously opted-in, you can do so by contacting our customer support at above mentioned addresses. If you withdraw your consent or object to the use of your information, our use of the information provided by you before your withdrawal/objection shall still be lawful.

9. Children’s Privacy

Our Platform and Services are not meant for use by children and we knowingly do not collect Information of/from children. If it comes to our notice that we have collected Information from/of children, we shall take steps to remove such Information from our servers. If you believe that we might have any Information that may have been collected from a child or has been provided by a child, please write to us at the email id provided in Clause 3.3.

10. Control the collection or use of the Information

If you have any reservations, constraints or apprehensions regarding the access to, collection, storage, or any other use of the Information which you have provided to us, you may withdraw your consent in the manner as set out in Clause 3.3 above.

11. Retention of Information

All Information provided by you, save and except upon withdrawal or termination, shall be retained in locations outside the direct control of Company (for instance, on servers or databases co-locates with hosting providers). We will delete Information based on a request received from you within a reasonable period and latest within thirty (30) days of receiving a deletion request. However, we may retain such portion of Information and for such periods as may be required under Applicable Law. Notwithstanding anything contained herein,

Company may retain data after account deletion for reasons including but limited to the following purposes: If there is an unresolved issue relating to your account, or an unresolved claim or dispute; If we are required to by Applicable Law, and/or in aggregated and/or anonymised form, or Company may also retain certain information if necessary, for its legitimate business interests, such as fraud prevention and enhancing Users’ safety and security.

12. Cookies and other Tracking Technologies

12.1 Our Platform may utilize “cookies” and other Technical Information. “Cookies” are a small text file consisting of alphanumeric numbers used to collect the Information about Platform activity. The Technical Information helps us analyse web traffic and helps you by customising the Platform to your preferences. Cookies in no way gives us access to your computer or mobile device. In relation to Cookies, you can deny access to the installation of the Cookies by modifying the settings on your web browser, however, this may prevent you from taking full advantage of the Platform.

12.2 Our use of Cookies and Technical Information allows us to improve Platform and your experience of Platform and Services. We may also analyse Technical Information that does not contain Personal Data or Sensitive Personal Information for trends and statistics.

13. Third Party Services

We may use your Information to send you promotional Information about third parties which, we think you may find interesting, if you tell us that you wish this to happen. We shall not be responsible for any disclosure of Information due to unauthorised third-party access or other acts of third parties or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our negligence or wilful default.

Once you leave the Platform, we are not liable for any use/ storage / processing / collection of your information obtained by any third-party websites or payment facilitators or provided by you to these third-parties or payment facilitators. Such entities and their respective websites/platforms may be governed by their own “Privacy Policy” and “Terms of Service”, which are beyond our control.

14. Data Security

You agree and accept that your Information may be stored in third-party cloud service infrastructure providers. While all reasonable attempts have been taken from our end to ensure the safe and secure storage of your data, we shall not be liable for any data breach on the part of the third-party cloud service infrastructure provider that was beyond our control. In addition to the security measures put in place by the third-party cloud service infrastructure provider for safe and secure storage of your Information, we use certain physical, managerial, technical or operational safeguards as per industry standards and established best practices to protect the Information we collect. We use reasonable security practices and procedures and use secure servers as mandated under Applicable Laws for the protection of your Information. We review our Information collection, storage, and processing practices, including physical security measures to guard against unauthorised access to systems. However, as effective as these measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the Information you supply will not be intercepted while being transmitted to us over the internet. You accept the inherent security implications of data transmission over the internet and the internet cannot always be guaranteed as completely secure. Therefore, your use of the Platform will be at your own risk. If you have any concerns, please feel free to contact us at the details given in Clause 3.3 above.

15. Changes and updates to Policy

We may modify or revise the Privacy Policy from time to time and shall accordingly notify you of any changes to the Privacy Policy by posting the revised Privacy Policy on the Platform with an updated date of revision. We shall endeavour to review, revise, update, modify, amend or correct the Privacy Policy on a regular and routine basis, especially whenever a significant update is made to the technology employed by us. You must periodically review the Privacy Policy for the latest information on our privacy practices. In the event you continue to use the Platform and our services after any update in the Privacy Policy, your use of the Platform shall be subject to such updated privacy policy. Your continued usage of Services, post any amendment would deem to mean that you accept and understand the revised Privacy Policy. Further, we retain the right at any time to deny or suspend access to all, or any part of, the Service and/or access to the Platform to anyone who we reasonably believe has violated any provision of this Privacy Policy.

16. Discrepancies and Grievances with Company

16.1 In case of any discrepancy or grievance with respect to all or any Information shared with

Company, please feel free to contact our Grievance Officer:

Attention: Data Officer

Email ID: [email protected]

Address: P.O. Neyyar Dam, Dt. Thiruvananthapuram Kerala 695 572, INDIA

We assure you that we shall ensure implementation of the Privacy Policy and shall make the Privacy Policy available to individuals and put our best efforts to redress the grievances of the User expeditiously within one (1) month from the date of receipt of the grievance..

17. Miscellaneous

THE INVALIDITY OR UN-ENFORCEABILITY OF ANY PART OF THIS PRIVACY POLICY SHALL NOT PREJUDICE OR AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THIS PRIVACY POLICY. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION OTHER THAN THE INFORMATION COLLECTED BY US THROUGH THE PLATFORM. THIS PRIVACY POLICY SHALL BE INAPPLICABLE TO ANY UNSOLICITED INFORMATION YOU PROVIDE US THROUGH THE PLATFORM OR  THROUGH ANY OTHER MEANS. ALL UNSOLICITED INFORMATION SHALL BE DEEMED TO BE NON-CONFIDENTIAL AND WE SHALL BE FREE TO USE AND/ OR DISCLOSE SUCH UNSOLICITED INFORMATION WITHOUT ANY LIMITATIONS. THE RIGHTS AND REMEDIES AVAILABLE UNDER THIS POLICY MAY BE EXERCISED AS OFTEN AS NECESSARY AND ARE CUMULATIVE AND NOT EXCLUSIVE OF RIGHTS OR REMEDIES PROVIDED BY LAW. RIGHTS UNDER THIS POLICY MAY BE WAIVED ONLY IN WRITING. DELAY IN EXERCISING OR NON-EXERCISE OF ANY SUCH RIGHT OR REMEDY DOES NOT CONSTITUTE A WAIVER OF THAT RIGHT OR REMEDY, OR ANY OTHER RIGHT OR REMEDY.

18. Governing Laws and Jurisdiction

This Privacy Policy, our Services (as defined in the TOS) and the use of it is governed by the laws of India and the courts in Kerala, India shall have exclusive jurisdiction over any disputes connected to our Platform or the Services.

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Prevention of Sexual Harassment at Workplace

A. Introduction
This policy is formulated, approved and adopted by the Sivananda Yoga Vedanta Dhanwantari Ashram Trust (“the SYVDA” or the “Organisation”) in terms of the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, as may be amended from time to time (“the Act”) and other regulations including the Indian Penal Code, 1860. The Policy may be amended from time to time as provided under the Act and any applicable laws.

B. Scope:
The policy shall be applicable and extend to all the persons (including employees, consultants, teachers, students, guests, instructors and visitors) who are present at the workplace of SYVDA.

C. Definitions:

  1. “Act” shall mean the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, as may be amended from time to time read together with the rules made there under
  2. “Partner” shall mean the Partners of SYVDA
  3. “Internal Complaints Committee” or “ICC” shall mean the Internal Complaints Committee formed under this policy
  4. “Member” shall mean the Member of the Internal Complaints Committee formed under this policy
  5. “Organisation” or “SYVDA” shall mean Sivananda Yoga Vedanta Dhanwantari Ashram Trust, including its associates, subsidiaries and joint ventures present or future
  6. “Policy” shall mean this Prevention of Sexual Harassment Policy including its Annexure and exhibits and such other documents forming part of the Policy
  7. “Sexual Harassment” means any one or more of the following unwelcome acts or behaviour:
      • Physical contact and advances; or
      • A demand or request for sexual favours; or
      • Making sexually coloured remarks; or
      • Showing pornography; or
      • Any other unwelcome physical, verbal, non-verbal conduct of sexual nature.
    • Further, the following circumstances may amount to sexual harassment if it occurs or is present in relation to any other act of Sexual Harassment:
      • Implied or explicit promise of preferential treatment in the Organisation;
      • Implied or explicit threat of detrimental treatment in the Organisation;
      • Implied or explicit threat about present or future association with the Organisation;
      • Interference with activities or creating an intimidating or offensive or hostile environment; or
      • Humiliating treatment likely to affect health or safety.
  8. “Workplace” shall mean the premises of SYVDA including the registered office, corporate office, branch office, parking space, transportation including an ashram, yoga centre, hospital or shop provided by SYVDA, any place visited by any person involved in SYVDA’s activities for the purpose of or in the course of such activities and any such area, building, place or space as may be specified by the SYVDA in this regard.

      Interpretations:

  1. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa and words importing a particular gender shall include all genders;
  2. A reference to a clause, annexure or schedule is, unless indicated to the contrary, a reference to a clause, annexure or schedule to this Policy;
  3. References to this Policy shall be construed to include any reference to Annexure to this Policy;
  4. The words “other”, or “otherwise” and “whatsoever” shall not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to; and
  5. In addition to the terms defined in the description of the Parties: (a) all capitalized words and expressions defined by inclusion in quotation and / or parenthesis anywhere in this Agreement shall have the same meaning as ascribed to such words and expressions; and (b) unless the context otherwise requires, the terms and expressions defined shall bear the meanings as set out in Clause 1 and the General Clauses Act, 1897.

D. Prohibition of Sexual Harassment at the Workplace
The Organisation has a ‘zero-tolerance’ approach to any instance of Sexual Harassment. Sexual Harassment at the Workplace, whether during or after office hours, is strictly prohibited under law and this policy. It is clarified that ‘workplace’ also includes any place visited in the course of or arising from activities in which any person is engaged with the organisation, including transportation provided by the Organisation (if applicable).

E. Internal Complaints Committee
The Organisation has constituted an Internal Complaints Committee (“ICC”) to investigate into allegations of Sexual harassment at the Workplace. SYVDA reserves the right to add to, remove or replace the ICC members from time to time.
The constitution, working, manner of disposal is briefed in this policy and detailed herein as Annexure A to this Policy.

F. Dissemination:

The Policy including the Annexure(s) shall be mandatorily provided to every person at the beginning of their engagement with SYVDA and such person shall acknowledge in writing that he/she has read the contents of the Policy and has fully understood the Policy.

Further, the details of the ICC and such details as specified in the Act shall be displayed prominently at a conspicuous place in the premises of SYVDA.

G. Complaint
Any person engaged in activities with the Organisation who alleges to have been subjected to any act of Sexual Harassment at the workplace may make a complaint to the ICC. The aggrieved person may request the ICC to provide reasonable assistance for making the complaint in writing. In case the complainant is under any physical or mental incapacity, the complaint can be made by the legal heir or any other person authorized in writing by the complainant. The complaint should be made in writing or via email to the ICC as soon as possible, not later than 3 months from the date of occurrence of the incident alleged to constitute Sexual Harassment (in case of a series of incidents, within a period of 3 months from the date of the last incident).
Hard copy complaints should be submitted to Kalyani, Assistant Director, Sivananda Yoga Vedanta Dhanwantari Ashram, Neyyar Dam PO, Thiruvananthapuram, Kerala, India 659 572 and email complaints should be sent to [email protected]. All complaints, whether in hard-copy or email form, should be clear and should include details of the incident or incidents, supporting documents, names of individuals involved and the name and addresses of the witnesses. The ICC may extend the time limit not exceeding three months, if it is satisfied that there were unavoidable circumstances which prevented the aggrieved person from filing a complaint within the said period.
Any manager or employee who becomes aware of an incident of Sexual Harassment should promptly report the same to the ICC.
If the complainant would like to initiate action under the Indian Penal Code, 1860 (IPC), he/she may inform the ICC of the same, and the Organisation shall provide necessary assistance to file such complaint.

H. Conciliation
Before the ICC initiates an inquiry into the complaint, the complainant may request the ICC to settle the matter between the complainant and the respondent through conciliation before initiating an inquiry.  However, no monetary statement shall be made on the basis of the conciliation.  In the event a settlement has been reached, further inquiry shall not be conducted.

I. Inquiry
All claims of sexual harassment will be promptly and thoroughly investigated in accordance with the principles of natural justice and other provisions of the law. Neither the complainant nor the respondent shall be allowed to bring in any legal practitioner to represent them in their case at any stage of proceedings before the ICC.
The ICC shall submit an enquiry report to the Organisation’s authorized representative upon conclusion of the inquiry. The report of the ICC shall be deemed to be the enquiry report for purposes of any disciplinary rules applicable to the person against whom a sexual harassment claim was made. Where the ICC determines that the allegation against the respondent has been proved, it may recommend to the Organisation to take action for sexual harassment in accordance with the provisions of the Organisation’s applicable policies.

J. Confidentiality
Complaints of sexual harassment shall be treated with sensitivity and confidentiality. Contents of the complaint, the identity and addresses of the complainant, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the ICC and the action taken by the Organisation shall be treated as confidential.
If any person entrusted with the duty to handle the complaint, inquiry or any recommendations of the ICC, contravenes his/her confidentiality obligation, he/she shall be liable to disciplinary action, in accordance with the provisions of the Organisation’s policies, as applicable.

K. Internal Complaints Committee
the Internal Complaints Committee is constituted different members in each ashram, who may be updated from time to time.

ANNEXURE-A
Working Rules for Internal Complaints Committee

In pursuance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the Rules framed there under, SYVDA hereby adopts the following procedure for determining complaints filed to the Internal Complaints Committee (ICC) constituted under the Act. The procedure complies with the basic principles of natural justice and fair play and has to be adhered to in all complaints, though, in individual complaints, for reasons to be stated in writing, the ICC reserves the right to make exceptions to the procedure stated hereunder.

  1. Any aggrieved person may make, in writing, a complaint of sexual harassment at workplace to the ICC, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident. 6 copies of a written complaint should be submitted to the Committee or any of its members along with list of witnesses and supporting documents. Additional documents and list of witnesses can be submitted to ICC at a later stage during the proceeding. Provided that where such complaint cannot be made in writing, the Presiding Officer or any other member of the ICC shall render all reasonable assistance to the person for making the complaint in writing. Provided further that the ICC for the reasons to be recorded in writing, can extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the person from filing a complaint within the said period.
  2. Any complaint received by the members should be immediately forwarded to the Presiding Officer, and this must be notified to other committee members at the earliest and not later than 3 days and a meeting should be called for discussing the matter.
  3. The ICC shall discuss and decide on its jurisdiction to deal with the case or reject the complaint prima facie and recommend to SYVDA that no action is required to be taken in the matter.
  4. Notice shall be issued to the respondent within 7 working days of receipt of the complaint and 10 working days shall be given for submission of reply (along with the list of witnesses and documents).
  5. The ICC will provide assistance to the aggrieved person, if he/she so chooses, to file a police complaint in relation to an offence under the Indian Penal Code.
  6. The ICC may, before initiating an inquiry, at the request of the aggrieved person, take steps to settle the matter between him/her and the respondent through conciliation.
  7. No monetary settlement shall be made as the basis of conciliation. Where a settlement has been arrived at, the ICC shall record the settlement so arrived and forward the same to the Organisation for necessary compliance.
  8. The ICC shall provide the copies of the settlement as recorded under (7) to the aggrieved person and the respondent. Where a settlement is arrived at, no further enquiry shall be conducted by the ICC.
  9. If conciliation is found to be not feasible, notice will be issued to both parties for hearing.
  10. The ICC may direct the Organisation to ensure safety and protection of the aggrieved person if and when required.
  11. As an interim measure, ICC may recommend
    • The transfer of the aggrieved person or the respondent to another section or Department as deemed fit by the ICC
    • Grant leave to the aggrieved person up to a period of three months or;
    • Restrain the respondent from exercising any administrative authority or supervision or academic evaluation of the aggrieved person
    • Grant such other relief to the aggrieved person as the case may require.
  12. The ICC shall proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent considering sexual harassment as misconduct.
  13. The Presiding Officer shall convene the first hearing of the inquiry. The respondent, the aggrieved person and the witnesses shall be intimated at least 7 working days in advance in writing of the date, time and venue of the enquiry proceedings. The subsequent proceedings may be conducted on a day to day basis, to be decided by ICC.
  14. The ICC shall provide reasonable opportunity to the aggrieved person and the respondent for presenting and defending her/his case.
  15. The ICC may at any time during the enquiry proceedings, preclude the face to face examination of the respondent and the aggrieved person and/or their witnesses keeping in view the need to protect the aggrieved person or the witnesses from facing any serious health and/or safety problems.
  16. The ICC may call any person to appear as a witness if it is on the opinion that it shall be in the interest of justice. The aggrieved person/respondent has to submit the written reply before the committee within the specified time given.
  17. The ICC shall have the right to summon, as many times as required, the respondent, aggrieved person and/or any witnesses for the purpose of supplementary testimony and/or clarifications.
  18. The ICC shall have the power to summon any official papers or documents pertaining to the aggrieved person as well as the respondent.
  19. The past sexual history of the aggrieved person shall not be probed into as such information shall be deemed irrelevant to a complaint of a sexual harassment.
  20. The ICC shall have the right to terminate the enquiry proceedings and to give an ex-party decision on the complaint, should the respondent fail, without valid ground, to be present for three consecutive hearings convened by the Presiding Officer.
  21. The aggrieved person and the respondent, or any one person on her/his behalf, shall have the right to examine written transcripts of the recordings with the exclusion of witnesses’ names and identifies. No person who has been found guilty of the sexual harassment shall be accepted as a nominee. The aggrieved person/respondent should inform the Presiding Officer specifically if they wish to exercise this right. The Presiding Officer shall allow access to such documents on a specific date to be intimated at least two days in advance to each of the parties concerned. At no point in time, however, can the concerned parties take these documents outside the office.
  22. The aggrieved person and the respondent shall be responsible for presenting their witnesses before the committee. However, if the ICC is convinced that the absence of either of the parties to the dispute is on valid grounds, the ICC shall adjourn that particular meeting of the ICC for a period not exceeding five days. The meeting so adjourned shall be conducted thereafter, even if the person concerned fails to appear for the said adjourned meeting without prior intimation/valid ground.
  23. All proceedings of the ICC shall be recorded in writing. The record of the proceedings and the statement of witnesses shall be endorsed by the persons concerned as well as the committee members present in token authenticity thereof. In case the minutes cannot be reduced in writing the same day, an audio recording of the proceedings may be made, and the written proceedings will be authenticated on a next available opportunity.
  24. If the aggrieved person desires to tender any documents by way of evidence, the ICC can supply true copies of such documents to the respondent. Similarly, if the respondent desires to tender any documents in evidence, the ICC shall supply true copies of such documents to the aggrieved person.
  25. In the event the ICC thinks that supplementary testimony is required, the Presiding Officer shall forward to the persons concerned a summary of the proceedings and allow for a time period of seven days to submit such testimony, in person or in writing, to the ICC.
  26. The aggrieved person and the respondent shall have the right of cross-examination of all witnesses. However, such cross-examination shall be conducted in the form of written questions and responses via the ICC only. The respondent shall have no right to directly cross examine the aggrieved person or his/her witnesses.
  27. The respondent/aggrieved person may submit to the ICC, a written list of questions that he/she desires to pose to the aggrieved person/witness. The ICC shall retain the right to disallow any questions that it has reasons to believe to be irrelevant, mischievous, slanderous, derogatory or gender-insensitive.
  28. Amicus curie can be called for helping the committee if and when required.
  29. After concluding its investigation, the ICC shall submit a detailed reasoned report to SYVDA.
  30. If the ICC finds no merit in the allegations, it shall report to SYVDA.
  31. In the event the ICC finds that the allegation(s) against the respondent have been proved, it shall recommend the nature of action to be taken by SYVDA. The following actions may be recommended:
    • A written apology
    • Warning
    • Reprimand or censure
    • Withholding of promotion
    • Withholding of pay rise or increments
    • Undergoing a counselling session
    • Carrying out of community service
    • Terminating the respondent from service
    • Any other punishment according to the service rules applicable to the respondent
  32. When the ICC arrives at the conclusion that the allegation against the respondent is malicious or the aggrieved person or any other person making the complaint has made the complaint knowing it to be false or the aggrieved person or any other person making the complaint has produced any forged or misleading document, it may be recommended to SYVDA to take action against such falsification.
  33. Nothing precludes the Organisation’s authority from taking cognizance of any new fact or evidence which may arise or be brought before it during the pendency of the inquiry proceedings or even after the communication of the findings to appropriate SYVDA authorities.
  34. If the allegation(s) is/are proved against the respondent, the ICC may direct SYVDA to ensure the payment of compensation to the aggrieved person by the respondent. The determination of compensation to the aggrieved person shall be decided based on the following facts:
    • The mental trauma, pain, suffering and emotional distress caused to the aggrieved person
    • The loss of career opportunity due to the incident of sexual harassment
    • Medical expenses incurred by the victim for physical or psychiatric treatment
    • The income and financial status of the respondent
    • Feasibility of such payment in lump sum or in instalments.
  35. SYVDA authorities will file a compliance report to the ICC within 30 days of issuance of such recommendation.
  36. ICC shall have the necessary powers to take suo-moto notice of incidents of sexual harassment and/or gender injustice in the Workplace and act against the same in such manner as it deems appropriate.
  37. The identity of the aggrieved person, respondent, witnesses and proceedings of the ICC and its recommendations and the action taken by SYVDA shall not be published, communicated or made known to the public, press or media in any manner and it will be outside the purview of the Right to Information Act, 2005.
  38. No legal practitioner will be allowed to represent either the aggrieved person or the respondent in proceedings before the ICC.
  39. The ICC has the powers of a civil court in the following cases:
    1. Summoning and enforcing the attendance of any person related to the incident
    2. Requiring the discovery and production of any documents
    3. Any other matter relating to the incident as decided by the ICC from time to time.
  40. The aggrieved person or respondent may prefer an appeal to the competent authority