Aurum is a website (URL: www.aurumwellness.in ) and a mobile application (together called as “Platform”) which aims at dispensing mental and emotional fitness to the public, is owned and operated by Nirvaan Wellness Technologies Private Limited (“Company” or “We” and their connotations).
This terms and conditions (“Terms and Conditions”) describe the terms on which the Company grants to an end user (“YOU” or “USER” and its various connotations) access to the Platform (hereinafter referred to as “Services”). The term Coach (“Coach”) cited in this Terms and Conditions refers to the person who facilitates counseling and Consultation Services to the User.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES. YOU MUST NOTIFY THE APPROPRIATE PERSONNEL OR VISIT THE NEAREST HOSPITAL OR EMERGENCY ROOM. THE COMPANY DOES NOT DEAL WITH EMERGENCIES; MEDICAL PSYCHOLOGICAL OR OTHERWISE.
PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. BY USING THIS PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Terms of Service
By choosing to visit and/or avail any services provided by the Company, you agree to this agreement (as may be amended from time to time). Please read the following information carefully. If you are a parent or guardian and you provide your consent to your child's use of the Platform, you agree to be bound by these Terms and Conditions in respect to their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms and Conditions set forth herein. If you do not agree to these Terms and Conditions, promptly exit this page and stop accessing the services.
2. Description of Services
The Company offers access to the Services through the internet via the Platform. The Company aims at providing mental and emotional fitness to the public. The Company offers two prominent types of services which are described in detail:
(i) Direct Counselling
In Direct Counselling, a Psychologist shall be assigned to you as your Coach. You can have one-to-one online interactions with your Coach. You get immediate attention in this type of service.
This service is a kind of self-educating module. It has curated programs consisting of text, questionnaires, audio, and video. A Coach is facilitated under this Service also, but the duties of Coach is minimal compared to the one in Direct Counselling. One-to-one online communication with the Coach is viable, however, responses to the communication from the Coach will not be prompt in comparison with Direct Counselling.
(iii) Additional Services
As the Company does not intend to remain stagnant in terms of providing Services, it always looks out for improvements and innovations of existing and prospective Services and therefore provides such additional Services. Users can avail the benefits of these additional Services and shall get the updates and details of such Services by accessing the Company’s Platform.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services. You should ask your mobile operator or internet service provider for the same. If you are unsure what these charges will be before you access and/or use the Services, contact your operator or internet service provider.
There may be times when the Services or any part of them is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3. License to use and Intellectual Property Rights
Company hereby grants you the limited right to access, view and use the Platform only for the purposes of accessing, viewing, posting or submitting User material, using the embedded link function, for accessing information, applications, and services.
Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to the Company.
Unless you have received specific written permission from the Company, you may not
a. "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Platform;
b. alter or modify any content on the Platform; or
c. pose a link or gain unauthorized access to any portion of the Platform.
Without limiting other restrictions, you agree not to reproduce, transmit, sell or otherwise exploit the Platform for any commercial purpose.
All third-party trade names and trademarks are the property of their respective owners and the Company makes no warranty or representation in relation to them. The Company does not claim or assert any right title or interest in any third-party communications.
When using the Services of the Company, you may choose to, and in some instances, you will be required to, create an account with the Company. If you do create an account with the Company, you agree that you shall take all steps necessary to protect your login details and keep them secret.
You agree that you shall not give your login details to anyone else or allow anyone else to use your log in details or account. In these terms, references to "login details" or "account" include your login details and account for any social network or platform that you may allow the Services of the Company to interact with.
Any person residing outside the jurisdictional limits of India can access to the services of the Company. However, the Company shall not be held liable if these Terms and Conditions are in violation of the laws of such country. It is the sole responsibility of the User to check that by using the platform they are not violating any laws in their country of residence.
The Company will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate the Company for any losses or harm that may result.
The Company will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using the Services of the Company and the Company accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
You understand that if you delete your account, or if the Company deletes your account, you may lose access to any data previously associated with your account. Even if your account is deleted some of your personal information will be stored in the backup server, hence, if you urge to delete all your personal information permanently, the same must be intimated to the Company via email. You acknowledge and agree that you shall have no ownership or other proprietary interest in any account that you create using any of the Services of the Company. Your account is personal to you and you are not entitled to transfer your account to any other person.
You may establish a link to one or more site(s), provided that:
a. the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
b. such linking is not for advertising or promotional purposes (unless we have expressly agreed to it);
c. the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity;
d. the link does not falsely or misleadingly imply or suggest that we endorse, approve of or are associated with the linked website, its web pages or any of its contents; and
e. framing of any site on any other website is not allowed and you must not provide access to the site or part of it under any other URL.
The Company may withdraw your right to link to any site without notice and at any time (acting in our sole discretion). Where any site and/or applications contain links to other websites, web pages, resources, or mobile services which are proprietary to third-parties, other users, advertisers or sponsors, such websites, web pages, resources and mobile services are provided for your information only and you access them at your own risk. The Company will not be held liable or responsible for the content or operation of third-party websites, web pages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
6. Payment and Refund
By using the services of the Company, you are expected to pay all the fees and charges liable to be paid to the Company. You also authorize the Company to deduct applicable charges and fees from the payments made by you as and when you utilize the Services provided by the Company.
You understand that the Company has its authority to revise its payment structure and the information regarding the revised payment will be notified to you prior to the date of billing. Amendments made in the payment structure will be effective as you make your payment for the Services or on making payment to renew your existing plan of Services.
You agree that the Company reserves the right to discontinue the Services on non-payment of fees.
In the event of refund or cancellation, fees will be calculated on a pro-rata basis to the extent of Services utilized. In case of refund the amount shall be processed back into your account within 12 business days.You agree that all the decisions in terms of refund and cancellation will be solely determined by the Company and the decision so taken shall be informed by the Company to you via email.
The Company and its affiliates, agents, directors, employees, suppliers or licensors shall not be held liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages arising out of or in connection with the Services.
You will have to provide certain personally identifiable information such as details of credit card and other required credentials with the object of initiating payment for Services. Information furnished by you to the payment gateway is solely used for the purpose of payment and the Company shall not be held liable for such information provided by you to the payment gateway. The Company assures that they do not use the said personally identifiable information for its own benefit. If you deny providing your personally identifiable information for the purpose of making payment in which case, you will not be able to utilize the benefits of Services of the Company.
7. User Content
Company offers you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. You retain ownership of any intellectual property rights that you hold in the content.
The Company shall at its own discretion remove any content if it considers necessary to do so.
You warrant and represent that your content, and the content of any website from which you include a link to any site, or to which you post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:
a. it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
b. it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
c. it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by you;
d. it prejudices any active or pending legal proceedings of which you are aware;
e. it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
f. it infringes any intellectual property rights proprietary to the Company or any third party;
g. it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
h. it advertises or promotes any product or service or makes any requests for donations or financial support;
i. it is spam or junk content;
j. it impersonates another person or otherwise misrepresents your identity, affiliation or status;
k. it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
l. it is in breach of these Terms and/or of any Additional Terms.
The Company will not be held responsible or liable for any of the User Content provided by you on the Platform of the Company. You must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of Platform.
8. Rules of Conduct
You must comply with the laws that apply to you in the location that you access the Company’s Services from. If any laws applicable to you restrict or prohibit you from using Services of the Company, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of the Company.
You promise that all the information you provide to the Company on accessing and/or using the Services of the Company is and shall remain true, accurate and complete at all times. Notwithstanding any other provision of these Terms and Conditions you agree and undertake not to:
a. Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
b. Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
c. Create software which mimics any data or functionality in the Service;
d. Use or deal in the Service except as permitted by these Terms and Conditions;
e. Include contact details intended to enable communication outside of the Service, in any communication;
f. Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
g. Make any public, business or commercial use of the Service or any part of them;
h. Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without the prior written consent of the Company;
i. Make the Service or any part of it available to any third-party (please note this does not stop you from fairly and honestly providing links to the Platform, or showing either to other people);
j. Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
k. Delete or obscure any copyright or other proprietary notice on the Service.
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for securing an unfair advantage over other users, and you expressly consent to Company’s monitoring your computer's random-access memory for identifying said unauthorized third-party programs.
9. Limited Liability
Users are held personally liable for any violation of a third party's rights. You agree to reimburse the Company for all damages resulting from the culpable non-observance of the obligations of these Terms and Conditions. Users release the Company from all eligible claims that other users or third-parties may file against the Company due to a violation of their rights by content posted by the User or due to a violation of other obligations. You shall assume the costs of the Company’s legal defense, including all court and legal fees, however, this condition does not apply if the User is not responsible for the infringement.
In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform.
The Company shall not be held responsible for any attempts to commit suicide or cause any sort of physical injury or suffer from mental agony as a result of your illness or psychiatric problem for the cure of which you have been accessing services provided by the Company, which would otherwise expose the Company to criminal and/to civil liability. The onus of determining the competency, skills, qualification and all other credentials of the Coach is not on the Company and the Company does not claim its accuracy. You have the authority to get the assurance that the competency, skills, and qualifications of the Coach are in accordance with your expected standards.
You agree that the discretion to undergo the treatment guided by the Coach is solely dependent on you, hence, the Company shall not be held liable for any line of mishaps occurred to you as a result of withstanding the treatment.
The Company provides and maintains the Service for personal information and education purposes on an “as is” basis and is liable only to provide its services with reasonable skill and care.
External Sites have not been verified or reviewed by Company and all use and access of External Sites is made at your own risk. "External Sites" means third party websites and online services to which the Service links. The Company gives no other warranty in connection with the Service and to the maximum extent permitted by law, Company excludes liability for:
a. the accuracy, currency or validity of information and material contained within any communications or the Service;
b. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which the Company have been made aware of;
c. any interruptions to or delays in updating the Service;
d. any incorrect or inaccurate information on the Service;
e. the infringement by any person of any copyright or other intellectual property rights of any third-party through any communication or use of the Service;
f. the availability, quality, content or nature of External Sites;
g. any transaction involving External Sites;
h. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any communication (save that, where digital content supplied to you by the Company or on behalf of the Company through the Service causes damage to your digital content or devices you may be entitled to compensation or repair or replacement, in which case kindly inform to the Company); and
i. all representations, warranties, conditions and other terms and conditions which but for this notice would have an effect
The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable to pay any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of the Company including internet outages, communications outages, fire, flood, war or act of God.
You agree that in relation to your use of the Service you will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call the Company or the Service into disrepute.
You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.
10. Amendments to Terms and Conditions
Company retains the right to modify these Terms and Conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by any competent court of law, (c) because of technical necessity, (d) in order to maintain the Company operations, (e) in the event of a change in market conditions, (f) for the benefit of the user.
No amendment will take place if such amendment would substantially disrupt the contractual balance between the User and the Company. Users will be informed of any amendments to the General Terms and Conditions via the Platform or via notice by email or in writing.
Without limiting any other rights that the Company may have, the Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if the Company considers (in the sole discretion of the Company) that you have breached any of these Terms and Conditions. You must clear all the dues liable to be paid to the Company within 30 days from the date of termination of this Terms and Conditions.
You may also terminate your agreement with the Company by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies which have accrued up to the time of termination.
The Users agree to indemnify and hold us harmless, our contractors, and our licensors, and respective directors, officers, employees and agents from and against any claims and expenses, including attorneys’ fees, arising out of their use of the Services and/or the Platform, including but not limited to the violation of these Terms and Conditions by the Users.
If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by the Company. Any attempted transfer or assignment in violation hereof shall be considered as null and void.
No waiver of any terms of this Terms and Conditions shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this Terms and Conditions shall not constitute a waiver of such right or provision.
16. Governing Laws and Jurisdiction
This Terms and Conditions shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Mumbai, India.
If you have any questions about this Terms and Conditions, please contact us by email or postal mail on the following address:
Name: Nirvaan Wellness Technologies Private Ltd.
Address: First floor, Hari Bhuvan, Zaver Road, Mulund West, Mumbai 400080.
Website URL: www.aurumwellness.in