PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE OR USING SERVICES PROVIDED THROUGH THIS WEBSITE EACH USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder, as applicable, and the provisions pertaining to the maintenance and publishing of electronic records under various statutes as amended from time to time by the Information Technology Act, 2000 including the Consumer Protection (E-Commerce) Rules, 2020, that has made mandatory for the platforms to publish the Rules and Regulations, Privacy Policy and Terms and conditions for access or usage of the Website. These Terms and conditions are electronic records generated by a computer system and do not require any physical or digital signatures.
The following Terms and conditions will govern the access and usage of the Website and/or Mobile Application (herein collectively referred to as ‘Platform’) owned, managed, and operated by the ‘DESTRESS HOLISTIC HEALTH PRIVATE LIMITED’ or popularly ‘The Able Mind’ having their registered office at Sigma Soft Tech Park, Gamma Block, Ground Floor, Varthur Kodi, Whitefield, Bengaluru- 560066(hereinafter referred to as “We” or “Our” or “Us” or “The Able Mind”). By accessing, browsing, using the Website or availing any Services of ‘The Able Mind’, You shall be deemed to have read, understood and accepted to be bound by the Terms and Conditions mentioned hereunder. This document constitutes a legally binding agreement between You and ‘The Able Mind’, Hence, You should read the terms carefully before starting to use the Platform and if you do not agree to the terms stated herein, You shall refrain from using the Website and/or Application.
When You use any of the services provided by Us through the Platform, You agree to be subject to and abide by the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
We are not providing medical advice. The advice or information provided by Our Counsellors via the Website is suggestive and based upon the facts and circumstances that have been brought to their notice by You during the sessions. This advice or information cannot be considered a substitute for an examination by a doctor or other mental health professional. You are advised strongly against relying solely on or making decisions based solely on advice provided by any Counsellor and if you think you have a medical or mental health emergency, or if at any time you are concerned about your care or treatment, you are advised to visit the nearest hospital or Doctor as the use of the services provided by our platform is not for emergencies.
We make no promises that the Website will provide a therapeutic benefit. If you choose to submit details about your mental wellbeing on our platform, the sessions are arranged on the basis of the information provided by you and not personalised health advice for you specifically. We do not diagnose your own health condition or make treatment recommendations for you.
The Website is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue use of the services immediately at your discretion and please notify appropriate police or emergency medical personnel. If you are thinking about suicide, immediately call a suicide prevention helpline.
- Eligibility
Any person who is competent to contract as per the Indian Contract Act, 1872, Section 11, which says, “Every person is competent to contract who is of the age of majority according to the law to which he/she/they are subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject” shall be eligible to use or access our platform and further register with us to avail our services from the platform. We strongly recommend to all minors and to all those who are not qualifying the Section 11 of the Indian Contract Act, 1872 not to use or access our platform by any means and mode, without providing us with the consent of their parents or legal guardian - either through clickwrap or through email, who have the legal capacity to give consent on your behalf with respect to the usage and access of our Website or Application and have agreed to these terms and conditions. We reserve the right to terminate your membership without any notice and refuse to provide you with access to the Website or Services if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years and are accessing this Website without providing us with your parent/guardian information.
- How to register on ‘The Able Mind’
2.1 You can use or access the services offered by ‘The Able Mind’ by registering yourself on the Website offered by ‘The Able Mind’. The Website requires You to register as a User by creating an Account on it by providing required and necessary confidential and personal information including your name, email address and other personal information (herein the ‘Personal Information) as may be applicable. Your Personal Information and other related information shall be used in accordance with the Privacy Policy.
2.2 You agree that it shall be your responsibility to provide true, complete, accurate, and up-to-date information at the time of registration and at all times when there is any change in the information so provided by you. You agree and acknowledge that if the information so provided by You is incorrect, inaccurate, incomplete or not up to date, ‘The Able Mind’ reserves an absolute and sole right to suspend, deny, lock or permanently terminate your utilization or access of its platform.
2.3 You agree that your registration data is private and sensitive and it is your responsibility to maintain the confidentiality of the data. We shall bear no liability for any unauthorized access or activities on your account. Further, You agree that there may be the services of ‘The Able Mind’ which will be made available to those users who choose to subscribe to our services. You shall be liable to compensate ‘The Able Mind’ for any damages, or loss of revenue suffered by ‘The Able Mind’ due to You sharing your account details and password with any unauthorized, unsubscribed user or third party.
- How do We work?
3.1 The platform of the ‘The Able Mind’ enables you to communicate with Counsellors, Experts, Coaches, Advisors, Marriage counsellors, Psychiatrist or any other person (herein collectively referred to as ‘Counsellor’) for the purpose of availing their services in form of therapeutic and counselling sessions. All the Counsellors so associated with our Platform are trained and experienced professionals holding relevant education in the field of social science, human resources, human psychology, law, medicine or similar applicable recognized professional certification, as deemed necessary.
3.2 You may choose to connect with our Counsellors by booking a video/audio/chat session with our counsellors over Google meet or other related platforms, as we deem fit. Once the payments have been made by you, you will receive an email confirmation from us along with the time, date and meeting link for the session. The session will be anonymous and privy to you and the Counsellor. We shall ensure that the your confidentiality is maintained.
3.3 You agree to join the session at the scheduled time and date. Our team shall make two (2) attempts to reach you for the rescheduling of the session. In case, you fail to respond within one (1) day of the last communication, the Service will be treated as consumed and no refunds shall be provided by us.
3.4 Where due to any technical difficulties during or at the time of the session, the session could not be completed successfully, We will reschedule the session.
- ‘The Able Mind’ Rights and Responsibilities
4.1 ‘The Able Mind’ reserves the right to change, modify, amend, update, suspend or discontinue the whole or any portion of the services or Website or these terms at any time. The Company may also impose limits on certain features or restrict Your access to parts or the entire services or Website without notice or liability.
4.2 ‘The Able Mind’ may from time to time as required for the improvement of the Website or its Application or for their enhancement or debugging or any interrelated thing or activity may put the Website or its Application under maintenance without any prior notice or information to any of its users. The Users of the Website or its Application may also at times encounter and experience downtime of it on the ground without limitation like server issues, security threats, coding errors, database issues, accidental files deletion, content management system theme and plugin incompatibility or related issues to it, Domain name system issues.
4.3 We reserve the right to accept or refuse your registration at our sole discretion and may send you an email, or other communication related to your registration, session, fees, consent, etc.
4.4 ‘The Able Mind’ reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations imposed by applicable law, but may not be retrievable without a valid court order. We will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.
4.5 ‘The Able Mind’ assumes no responsibility and liability against any claims of injury, harm, damage or loss, directly or indirectly, as an outcome of the use or access of its Website and/or Application. The liability shall be of all the Users to utilize the Website and/or Application of ‘The Able Mind’ for the services or any of the purposes of the related offering only and not share your personal information inclusive of account login details and credentials with any third person. However, ‘The Able Mind’ takes all the due reasonable care to prevent and protect its platform and its users from external or foreign elements and threats but at the same time highly recommends you to make use of the Website/Application diligently. We also suggest you contact us at +91 9035300736 (between 9 AM and 6 PM IST) or through email at [email protected] in case you have doubts or inquiries regarding the platform product or product relating services or any others so that we can timely attend to those and resolve them as required.
4.6 While availing any of the Virtual Payment Modes available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.
4.7 ‘The Able Mind’ reserves an absolute right to stop the services in case You use any unparliamentary language or enter into any kind of misbehavior with our counselors. Provided that, upon reporting of any such issue 2 warnings will be given to you, before termination of services.
- Your Responsibilities
5.1 It is your responsibility to share the correct, accurate, true and up-to-date information at the time of registration and also to inform or notify us of any change in the information so provided by You.
5.2 Your account may include your personal sensitive information whose safety and security is your responsibility. We advise you not to share the passwords of your account with any third party and maintain the confidentiality of your account and handle its usage of it with due care and attention.
5.3 You shall be responsible for logging out of your account at the end of each session and using only the devices that you trust or own.
5.4 You shall immediately notify Us of any unauthorized use and access of Your account. If there is reason to believe that there is likely to be a breach of security or misuse or any mishandling of Your account, we may request You to change the password or we may suspend Your account, without any limitation, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
5.5 It shall be your responsibility to ensure that you have accessed the platform from your registered email address and registered devices only. In the event you have shared your personal information to the platform under the pretext of it being ‘The Able Mind’ or its “affiliates” or “associates”, in that case, ‘The Able Mind’ shall not be liable for the loss or damage that you may suffer.
5.6 You will use and access the services of the ‘The Able Mind’ for personal use only and will not assign, authorize or sell your account to any third party for use. If the services are available for a minor, it shall be the responsibility of the Parents or the Legal guardian to ensure that the access to the platform by a minor is under proper supervision.
5.7 We shall not be liable to pay any damages (liquidated or unliquidated), for the in-accessibility of the platform caused by any external factors beyond the control of ‘The Able Mind’.
5.8 It is your responsibility to refrain from posting any content on Our platform that in any way promotes illegal activity, any political agenda, child abuse, pornography, nudity, obscenity or racism, which is profane, vulgar, fraudulent, defamatory or discriminatory in nature or outrages the modesty of any other individual.
5.9 You will ensure that while accessing or utilizing the platform offered by ‘The Able Mind’ including attending any video sessions, you will behave in a discreet manner and maintain the decorum of the session and will present yourself in decent attire.
5.10 You will assume full responsibility for checking to ensure that You download the correct application for Your device. ‘The Able Mind’ is not liable if You do not have a compatible mobile device and system or if You have downloaded the wrong version of the Application for Your mobile device.
5.11 It is your responsibility as a User to keep with the equity and good conscience of other Users of the platform as well.
5.12 In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
5.13 You shall not decompile, reverse engineer, or disassemble the contents of the Application and/or our Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and/or our Website or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and/or and/or our Website or Application.
5.14 You will not interfere with any other person's use or enjoyment of the Website and/or Application.
5.15 You will not post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website and/or Application, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.
5.16 You will not intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these Terms.
5.17 You will not use the Platform for purposes that are not permitted by these Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
5.18 You understand, agree and acknowledge that the Counsellors hold a required degree of knowledge and experience in the field of mental health. ‘The Able Mind’ disclaims any and all liability for any consultation sessions and therapy services rendered by any Counsellor to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access Counsellor through the Website and to continue to interact with such individual(s), and that the role of ‘The Able Mind’ is strictly limited to providing access to such Counsellors to you.
5.19 Your use of information provided on the Website and availing of services on the Website is solely at your own risk. your dose is not, and will not in any manner be involved in the practice of medicine or the provision of medical care.
5.20 You acknowledge that the Site has not been developed to meet your individual requirements and that it is, therefore, your responsibility to ensure that the facilities and functions of the Site meet your requirements.
5.21 You acknowledge that incorrect declaration of your age shall not be the liability of the company.
5.22 You agree and acknowledge that you will maintain decorum during the counseling session and will not use any unparliamentary language during the session. Further, You agree and undertake to be dressed appropriately at all the time while the counselling is going on over any video platform.
- Grant of License
Subject to your compliance with these Terms, we, hereby grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use our services or Website or Application for limited use or access or and use our platform, solely for your personal and non-commercial purposes and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement. You have no right to sublicense the license rights granted in this section. The name and logo of ‘The Able Mind’ are trademarks and may not be copied, imitated or used, in whole or in part, without the prior written permission of ‘The Able Mind’. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of ‘The Able Mind’, and may not be copied, imitated or used, in whole or in part, without prior written permission from ‘The Able Mind’.
- Authorization for communication
By accessing the Website and/or downloading the Mobile Application and/or accepting these Terms, You authorize us to send You (including via email, call and notifications) information regarding our products or product-based services which may include without limitation notification for Your use of the Subscription Service, Updates related to Subscription Service, any substantial change in the information of the ‘The Able Mind’, Your violations of these Terms of use, Any new features or products introduced by us, or any promotional information and materials regarding our products and product-based services. You are agreeing to continue to receive messages, emails and calls from us.
You may choose to opt-out from any company communications by clicking on choosing to unsubscribe option found in the emails that you may receive from us or you may send us a written removal request by writing to us at our office address or by sending us an email at [email protected]
- Ownership and warranties of the Content
8.1 Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained on the platform or on products are proprietary property of the ‘The Able Mind’. No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from ‘The Able Mind’ and nothing on this platform or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the ‘The Able Mind’ to the User.
8.2 The Website and /or Application offers content-based information, both directly and through indirect links to third-party websites, which is protected by the Intellectual Property laws of India, foreign nations, and international bodies. Any unauthorized use of the Content will violate copyright, trademark, patents, and/or other rights of ‘The Able Mind’ or any Third-party.
8.3 By posting, storing, or transmitting any content on the Website and/or Application, You hereby grant us perpetual, worldwide, non-exclusive, royalty-free, assignable, rights and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
8.4 You also agree that We do not have the ability to control the nature of the user-generated content offered through our Website and/or Application. You are solely responsible for your interactions with other users of the Platform and any content you post. We shall not be liable for any damage or harm resulting from any posts by or interactions between users. We reserve the right, but have no obligation, to monitor interactions between and among users of the Platform and to remove any content as We deem objectionable, at our own sole and absolute discretion.
- Confidentiality
9.1 ‘The Able Mind’ takes confidentiality extremely seriously and will keep User Data secure and confidential and shall procure that its personnel (including its officers, directors, staff and employees) shall keep User Data secure and confidential. Neither ‘The Able Mind’ nor its personnel shall disclose User Data or any element of it to a third party except (1) where you provide express written consent; (2) to the extent that ‘The Able Mind’ is compelled by law or regulation (in which circumstances ‘The Able Mind’ will provide prompt notice to you so that you have reasonable opportunity to obtain a protective order or another remedy); (3) in relation to any feedback which you provide to ‘The Able Mind’ about the operation of its services, in which case the User Data comprising feedback may be disclosed in accordance with these terms; and (4) in circumstances where you breach the terms set out below in relation to (i) “Protection of our reputation and third party rights” and (ii) “Protection of our systems”.
9.2 We may disclose User Data to a third party but only to the extent that such disclosure of User Data is reasonable, proportionate and necessary in the circumstances to enforce our rights and such disclosure shall be strictly limited to the third parties.
- Third-Party Links
The Website may contain links to third-party websites and services, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse or make any promises with respect to Third-Party Links. You use all Third-Party Links at your own risk and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, not these Terms. Each Website user is solely responsible for any and all of its own User Content.
- Taxes and Invoices
You agree that you will be responsible for paying any applicable tax on the payment made by you to us, as may be applicable. We may provide you with invoices against the payments made by you.
- Cancellation and Refund policy
12.1 You agree that ‘The Able Mind’ reserves an absolute right to offer you its services on a payment basis and will collect payment from you against its offerings. The payments for availing the services of the ‘The Able Mind’’ will be collected in advance at the time of you booking the counselling sessions its related services taking into consideration the applicable amount against it.
12.2 You agree that in the event where you choose to cancel your counselling sessions, it shall be in accordance with the cancellation and refund policy of ‘The Able Mind’ upon the condition that you have not utilised services in any form or any manner.
12.3 Subject to the mandatory condition, upon cancellation, you shall be entitled to the refund after making proportionate deductions, if applicable. The request for cancellation of the sessions and refund must be raised within 6 hours of making the payment and upon our satisfaction with the verification of the concerned records regarding payment, the fees paid by you for any of our paid services may be refunded or adjusted, as the case may be, by us in following cases only:
- Where the fees for a single session is paid more than once or double/the extra amount paid/deducted for the session.
- Where any session was mistakenly booked by you instead of another, the fees paid shall be adjusted towards the actual session you wanted to opt for. The excess fees paid if any shall be refunded to you and deficiency if any in the opted service fees, shall be recovered from you at the time of allocating you the opted service.
- Where we could not start your session within 7 days of payment for that services made by you.
- Where age is a parameter for any service and it is discovered after verification of the documents that you are over or under-aged for that service.
- Or on a case to case basis as may be considered by ‘The Able Mind’ at its own discretion.
- Your refund request shall be supported by your claim, evidence, documents within the time prescribed above. If we find the records in support of your claim to be correct and your claim falls within the cases mentioned above, we will refund/ adjust your payment within 5 to 7 days from the date of receiving your refund request with supporting payment records.
- Upon raising a request for cancellation and/or refund, ‘The Able Mind’ reserves the right to suspend or block or terminate your access to its website or platform, as the case may be.
- Representations of ‘The Able Mind’
Although due care has been taken and every effort has been made by us to ensure that the content offered through our platform and services offered by us is correct, the possibility of errors, omissions and/or discrepancies or happening of any contingencies beyond the reasonable scope and limits of the ‘The Able Mind’, cannot be ruled out. Therefore, we do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. Should there be any discrepancy, error or omission noted in the content offered through our platform, we will be obliged, if the same is brought to our notice by you, in the manner and mode as may be applicable.
- Disclaimer of warranties
14.1 Your use of this Website and/or Application or Services are at your sole risk. The Website and/or Application or Services are offered on an “As Is'' and “As Available” basis. ‘The Able Mind’ expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Services or Website and/or Application content, or any reliance upon or use of the Website and/or Application content or Services. No advice or information, whether oral or written, obtained by you from ‘The Able Mind’ Counsellors or through the Website will not create any warranty not expressly stated herein.
14.2 Without limiting the generality of the foregoing, We make no warranty: that the information provided on this Website and/or Application is accurate, reliable, complete, or timely. The links to third-party websites are to information that is accurate, reliable, complete, or timely. No advice or information, whether oral or written, obtained by you from this Website and/or Application will create any warranty not expressly stated herein. As to the results that may be obtained from the use of the Services or that defects in Services will be corrected regarding any Services obtained through the Website and/or Application.
14.3 While ‘The Able Mind’ carries out background checks and verifications on all Counsellors, you understand and acknowledge that ‘The Able Mind’ does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Counsellor, or any service, advice, opinion, the recommendation provided by any Counsellor. Nothing contained in these Terms, the Website or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any Counsellor; (b) the Website or (c) any service, advice, opinion, a recommendation made available via the Website or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Website.
14.4 You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
14.5 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
- Indemnification
15.1 You hereby agree and acknowledge to release, indemnify, defend and hold harmless ‘The Able Mind’, and/or any of its Counsellors, Agents, Employees, Officers, Directors, Shareholders, Affiliates and Assigns from all liabilities, claims, damages, costs and expenses,(including reasonable attorneys’ fees and expenses), of third parties claims relating to or arising out of: (a) violation of these Terms of use or breach of your warranties, representations and obligations under these Terms; (b) the platform content or your use of the platform content; (c) the services or your use of the services; (d) any intellectual property or another proprietary right of any third party or entity; (e) any information or data you supplied to us; (f) the advice given by our counsellor during the sessions. This defense and indemnification obligation will survive these Terms and Conditions and your use of the ‘The Able Mind’ Platform. You shall not settle any third-party claim or waive any defence without our prior written consent.
15.2 In the event of a dispute regarding any transaction conducted via the website, you hereby relieve, ‘The Able Mind’, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which member may have against one or more of the above.
- Limitation of Liability
16.1 In addition to other limitations and exclusions in our Terms and Conditions, In no event will We or our Directors, Officers, Employees, Agents, Counsellors, affiliates or another representative be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the Website or any linked sites, or in connection with any failure of performance. ‘The Able Mind’ entire liability, and your exclusive remedy, in law, inequity, or otherwise, with respect to the Website and/or Application content, services and/or for any breach of this Terms of use is solely limited to the payment of the services which you may have subscribed to against the services.
16.2 We do not guarantee the availability of any particular staff member at any particular time. We do not tolerate abuse or offensive behaviour towards our staff.
16.3 We only make the Website available for your personal and private use. If you use the Site for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Termination
17.1 These Terms of Services are effective unless and until terminated by either You or ‘The Able Mind’. You may terminate these Terms of Services at any time by not accessing our Website or uninstalling our application or by notifying Us that You no longer wish to use our Services.
17.2 ‘‘The Able Mind’’ may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and/or Application or discontinue its existing services. We reserve the right to suspend or terminate these Terms without notice if; (a) you have materially breached these Terms or our Policies, including the provisions in these Terms, (b) You have provided inaccurate, fraudulent, outdated or incomplete information during the Account registration; (c) You have violated applicable laws, regulations or third party rights, or (d) We believe in good faith that such action is reasonably necessary to protect the safety of other users or Counsellors or third parties, for fraud prevention, risk assessment, security or investigation purposes.
17.3 Upon termination of your rights under these Terms, your Account and right to access and use the Website will terminate immediately. You understand that any termination of your Account may involve the deletion of the User Content associated with your Account.
- Force Majeure
If the Party’s performance of its obligations under this Terms is suspended due to the occurrence of an unforeseen event that is beyond the control of the parties, such as strikes, epidemic or pandemic or lockdown, blockades, war, terrorism, riots, natural disasters, refusal of license by the government agencies, insurrection and civil disturbances or delays (herein the ‘Force Majeure’) affected party from fulfilling its obligation for a period in excess of thirty (30) Business Days, the User or ‘The Able Mind’ may cancel the subscription or terminate the arrangement without incurring any charges.
- Headings and Interpretation
The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
- Survival
In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
- Severability
If for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- Entire Agreement
The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Website and/or Application from time to time, constitute the entire agreement between the ‘The Able Mind’ and You with respect to Your access to or use of the Application, Website or Application or Services thereof.
- Assignment
You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party who is not a party to a transaction herein, however, ‘The Able Mind’ reserves the complete right to assign or sub assign or to delegate or allocate or any such rights or obligation to its authorized persons in the interest of ‘The Able Mind’ which shall not be detrimental to its Users.
- Unenforceability
If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner so as to render these Terms as legally modified and enforceable to the maximum extent permitted under applicable laws
- Relationship
You acknowledge that Your usage and participation on the Website and/or Application, does not make You an employee or agency or partnership or joint venture or franchise of the ‘The Able Mind’ unless otherwise specifically and mutually agreed between the parties in writing.
- No Waiver
No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
- Notices
Any notice required or permitted to be given to ‘The Able Mind’ hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified by ‘The Able Mind’. We may send notice by means of a general notice on the Services, to the email address on your Registered Email Account, via Text message (SMS) to your mobile number in your Account, or by written communication sent to your address as set forth in your Account. All notices required to be given under these Terms to ‘The Able Mind’ shall be addressed to:
Name: DESTRESS HOLISTIC HEALTH PRIVATE LIMITED
Postal Address: Sigma Soft Tech Park, Gamma Block, Ground Floor, Unit G-008, Varthur Kodi, Whitefield, Bengaluru-560066
Email address: [email protected]
- Governing Law, Jurisdiction and Settlement of Disputes:
These Terms of Use are subject to the Laws of India. Any dispute, claim or controversy relating to it or arising out of or with respect to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (herein collectively, “Disputes”) or the use of the Website, the Products and/or Service and/or of the Mobile Application, You and We both agrees to submit any such dispute arising under these Terms to be settled between the parties amicably through negotiation, consultation, providing with such alternatives or resolutions as applicable. If the matter remains unresolved for a period of 60(sixty) days, the matter may be referred Online Dispute Resolution in the following manner:
Online Dispute Resolution:
Any claim or dispute whatsoever (whether in contract, tort, or otherwise) arising out of or in connection with these terms and conditions including any question regarding the construction, meaning, existence, validity, breach, recall, recovery or termination under these terms, can be referred for resolution through the process of mediation or conciliation, and which process will be administered in accordance with the applicable mediation or conciliation rules of Sama, an independent online dispute resolution institution.
If the mediation or conciliation process does not resolve the Grievance or the Claim within the period stipulated in Sama rules or within a period of days (whichever is earlier), then the Grievance or the Claim shall be taken forward for resolution by means of arbitration in terms of the applicable rules of Sama, and in accordance with the Arbitration and Conciliation Act, 1996. Such arbitration shall be conducted (including for recording of evidence or tendering of documents), concluded, and administered online by Sama through its website/platform www.sama.live or mobile application. The arbitral tribunal shall consist of an independent sole arbitrator appointed in accordance with the applicable arbitration rules of Sama. The seat of arbitration proceedings shall be Bengaluru. The procedural law of arbitration shall be the rules of Sama.
The venue and seat of the arbitration shall be in Bengaluru, India. The decision of the Arbitration Tribunal shall be final and binding upon the ‘Parties in dispute’ and the cost of arbitration shall be borne by the party who has decided to invoke the arbitration. Any appeal against the decision of the Arbitrator shall be made to the Hon’ble Court in Bengaluru having the exclusive jurisdiction to deal with the matter.
- Grievance officer
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name - Rajeev Vijayan
Email - [email protected]
Phone number - +918892041947
