This document is an electronic record in terms of
- Information Technology Act, 2000
- the rules framed there under as applicable
- the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
The website is owned and operated by Happitude Studio Private Limited (herein referred to as the “company”), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at A-59, 1st Floor, New Friends Colony, New Delhi-110025, India.
For the purpose of these terms, wherever the context so requires “you”, “your”, “user” or “client” shall mean any natural person who uses the website for availing the services. The terms “we”, “us”, “our”, “Happitude Studio” shall mean the company, its employees, and authorised agents that perform any services on the company’s behalf.
USE BY AN INCORPORATED/REGISTERED ENTITY
USE BY MINORS
The use of the website is available only to persons over the age of 18. By registering, visiting, and/or using the website or the services, you consent and warrant to Happitude Studio that you are 18 years of age or older. If you are a minor (under 18 years of age), it is mandatory for your legal guardian or parent to register on the website in their own name, following which the minor can avail our services. We will not be liable for any harm caused to you on account of any use of the website without appropriate consent.
- You are responsible for maintaining the confidentiality of your account details at all times. Further, you are responsible for all activities that occur under your account.
- We may charge for the counselling sessions conducted over chat, audio and/or video along with face-to-face therapy sessions and other programs. Before availing any such service, we will apprise the user of the applicable charges for the said service. In addition to these terms, the user shall also be bound by the terms (if any) mentioned for specific service(s).
- Please note that the charges paid by a client, are not refundable.
OWNERSHIP OF THE WEBSITE
- The website contains content owned or licensed by Happitude Studio Private Limited. Happitude Studio owns and retains all rights in the company. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Happitude Studio content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the content of Happitude Studio.
- The Happitude Studio name and logo are trademarks of Happitude Studio Private Limited, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Happitude Studio. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Happitude Studio, and may not be copied, imitated or used, in whole or in part, without prior written permission from Happitude Studio.
USE OF THE WEBSITE
- You may use the website for lawful purposes only. You shall not post or transmit through the website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
- You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the website in any medium
- Transmitting spam, chain letters, or other unsolicited email by making use of the services or the website
- Taking any action that imposes, or may impose in our sole estimation an unreasonable or disproportionately large load on our infrastructure
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the website
- Uploading invalid data, viruses, worms, or other software agents through the website
- Collecting or harvesting any personally identifiable information, including account names, from the website
- Using the website for any commercial purposes without having all the necessary rights and licenses to the User Content (as defined below)
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
- Interfering with the proper working of the website
- Accessing any content on the website through any technology or means other than those capabilities provided by the website
- Bypassing the measures we may take to prevent or restrict access to the website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein.
- User Content Guidelines
- You are solely responsible for your conduct and any data that you submit, post or display on or via the website. Happitude Studio shall have no liability for conduct in relation to your use of our website. Violation of these terms may result in legal consequences prescribed by the applicable laws.
- The website provides users the facility to create, share and post content (together, “User Content”). Happitude Studio claims no ownership rights over the User Content created by you. Happitude Studio has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the website.
- Happitude Studio takes no responsibility and assumes no liability for any User Content that you or any other user or third party creates, stores, shares, posts or sends through the website. You shall be solely responsible for your User Content and the consequences of posting, publishing, or sharing it. By doing so, you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your content violates these terms, you may bear legal responsibility for that content.
- You agree not to post, store, transmit, create or share any User Content that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal.
- may create a risk of any other loss or damage to any person or property.
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
- may constitute or contribute to a crime or tort under applicable law.
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable.
- any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets).
- contains any information or content that you do not have a right to make available under applicable law or under contractual or fiduciary relationships.
- You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Happitude Studio reserves the right, but is not obligated, to reject and/or remove any User Content that Happitude Studio believes, in its sole discretion, violates these provisions. For the purpose of these terms, “Intellectual Property Rights” refers to all patent rights, copyrights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all registered domain names protected under applicable law.
- If you use the website for any commercial purpose, and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the website.
- Happitude Studio may exercise the rights to your User Content granted under these terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- Happitude Studio takes no responsibility and assumes no liability for any User Content that you or any other user or third party creates, stores, shares, posts, sends or otherwise makes available through the website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing or sharing it and you agree that Happitude Studio is only acting as a passive conduit for the distribution and publication of your User Content. If your User Content violates these terms, you may have to bear the consequences under applicable law for such User Content.
- If you share your User Content with Happitude Studio and/or link your User Content to Happitude Studio on a third party service and/or post content on any social media page owned and operated by Happitude Studio, you expressly grant and hereby represent and warrant that you have all rights necessary to grant to Happitude Studio a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the website and Happitude Studio’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our website (and derivative works thereof) in any media formats and through any media channels.
- You understand and agree that you take full responsibility for the decision to access a therapist through the website and to continue to interact with such individual(s).
- The use of the services is not for emergencies. If you think you have a medical or mental health emergency, or if at any time you are concerned about your care or treatment, please go to the nearest hospital or health care provider.
- 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.
- Your use of information provided on the website and availing of services on the website is solely at your own risk. Happitude Studio is not, and will not in any manner be involved in the practice of medicine or the provision of medical care.
PRIVACY AND SECURITY
- We endeavour to protect the privacy of your user account and other personal information collected by us, but you understand that Happitude Studio cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Your user account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal information by ensuring that you keep the login credentials of your user account confidential, and limit access to your computer or device and browser by signing off after you have finished accessing your user account.
- The website is provided on an “as is” basis, and use of the website is at the user’s risk. To the maximum extent permitted by applicable law, the website is provided without warranty of any kind, whether express or implied, including, but not limited to, implied warranty of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Happitude Studio or through the website will not create any warranty not expressly stated herein. Without limiting the foregoing, Happitude Studio, its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the website is accurate, reliable or correct; that the website will meet your requirements; that the website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website.
- Happitude Studio does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or service, and Happitude Studio will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
EXCEPTIONS AND LIMITATIONS
- 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.
- You agree that Happitude Studio is not responsible for, and does not endorse User Content posted within the Website. Happitude Studio does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these terms, you shall be solely responsible for all consequences under applicable law with respect to such User Content.
- Happitude Studio reserves the right to remove any User Content from the website for any reason, without prior notice. The User Content removed from the website may continue to be stored by Happitude Studio, 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. Happitude Studio will not be liable to you for any modification, suspension, or discontinuation of the website, or the loss of any User Content.
- We may, without prior notice, change the website, stop providing the website or features of the website to you or to users generally, or create usage limits for the website. We may permanently or temporarily terminate or suspend your access to the website, or delete any User Content without notice and liability for any reason, including if in our sole determination, you violate any provision of these terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these terms.
Happitude Studio may terminate these terms for any reason at any time. Happitude Studio reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the website, with or without prior notice otherwise applicable sections of the terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these terms. You may terminate these terms at any time by deleting your user account.
- The website may contain links to other websites (referred to as the “linked sites”). The linked sites are not under the control of the company. We are not responsible for the content of any linked site, including, without limitation to, any link contained in a linked site, or any changes or updates to a linked site.
- We are not responsible for any form of transmission, whatsoever, received by the user from any linked site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the website, of the Linked sites or any association with its operators or owners including the legal heirs or assigns thereof.
- You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these terms, or any use by you of the website. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defence without our prior written consent.
- In the event of a dispute regarding any transaction conducted via the website, you hereby relieve Happitude Studio, 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
- In no event will Happitude Studio or its affiliates or any party involved in creating, producing, or delivering the website 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. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Happitude Studio has been advised of the possibility of such damage.
- By use of the website and the services, the user acknowledges that he/she is solely responsible for any and all actions, liabilities, consequences, decisions, behaviours (referred to as “Conduct”) arising out of or in connection with Happitude Studio and/or its affiliates responsible for such Conduct.
- In the event of any dispute, controversy or claim arising out of or relating to this agreement or any subsequent amendments to this agreement including, without limitation, the breach of the terms hereunder, termination, validity or invalidity thereof, or any non-contractual issues relating to this agreement (each, referred to as a “Dispute”), each of the parties will appoint a designated officer to meet for the purpose of endeavouring to resolve such dispute amicably or to negotiate for an adjustment to such provision.
- All disputes, which are not settled pursuant to the issue resolution procedures set forth in the clause above, will be referred and settled by final and binding arbitration by a sole arbitrator mutually appointed by the parties in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time, and the seat of arbitration shall be at New Delhi.
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by the laws of India, and subject to the clause above, the courts of New Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.
In accordance with Information Technology Act, 2000 and rules made there under, the contact details of the ‘Grievance Officer’ are provided below:
Phone No: +91 9811882090
E-mail: [email protected]