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.
(ii)
Program
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.
4. Accounts
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.
5. Linking
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.
11. Termination
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.
12. Indemnity
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.
13. Severance
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.
14. Assignment
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.
15. Waiver
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.
17. Contact
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.
E-mail id:
Address: First floor, Hari Bhuvan, Zaver
Road, Mulund West, Mumbai 400080.
Website URL: www.aurumwellness.in