TERMS AND CONDITIONS

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of www.manastha.com (the “Website”).

The Website is owned and operated by Manastha Health Solutions Private Limited (“Company”), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at C-368, SECTOR – 122, GAUTAM BUDDHA NAGAR, NOIDA, UP – 201301

These terms of usage (“Terms”) govern your use of the Website and Services provided therein (“Services”). By using or visiting the Website, or by using any content or information provided as part of the Website/ Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms. If you do not agree to these Terms, do not use this Website/ Services. Because these Terms are a legal contract between you and Manastha, it is important that you review the Terms carefully before accessing or using the Website. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Manastha, including without limitation the privacy policy (“Privacy Policy”).

For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural person who uses the Website for availing the Services. The term “We”, “Us”, “Our”, “Manastha” shall mean the Company, its employees, and authorized agents that perform any services on the Company’s behalf.

If you are not an individual and are an incorporated/registered entity/institute/organization seeking to avail the services of Manastha for your members/employees/students or any individuals registered with you for any services, you shall enter into an agreement/memorandum of understanding with Manastha for this purpose. Each individual availing the services of Manastha under such agreement/memorandum of understanding shall be bound by these Terms and Privacy Policy available here.

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.

The Website allows Users to connect with counsellors or other individuals (“Expert(s)”) who provide counselling and therapy services.
We provide the following online/offline counselling and therapy services :
https://manastha.com/pages/services

Know more about Manastha here on this link https://manastha.com/pages/about

Use of the Website is available only to persons over the age of eighteen (18). If you are a minor i.e. under the age of eighteen (18) years, you shall not register as a member of the Website and shall not sell or purchase any items on the Website, unless you are accessing this Website with parental guidance or guidance of a legal guardian. We reserve the right to terminate your membership and refuse to provide you with access to the Website 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 parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.

  1. PAYMENT

1.1 We may charge for the chat, audio, and/or video-based counselling/ therapy sessions. Before availing any such Service, we will appraise the User of the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).

1.2 PRIME PACKAGE CLIENT ASSIGNMENT

Client who has opted for Prime Package between 10am IST to 7pm IST (Monday to Saturday) will be assigned a Head Psychologist within an hour. Any client who has opted Prime Package outside 10am IST to 7pm IST will be assigned Head Psychologist in next cycle (next working day) after 10 am IST.

Please note the specific refund policy in the event of the following circumstances:

Refund Policy

Manastha Counselling Session appointments are booked under

1. Prime Packages

2. Essential Packages

3. Other Packages

Both the packages have different refund policy.

Situations in which FULL REFUND may be considered :

  • Prime packages payments :

a. If Manastha is not able to assign you the therapist within 4 working days of your new package payment. Please Note, No therapy will be given if you request us for the refund in this case.
Note : In case, you requested for change in therapist, assigning days will be counted from the time of your new request.

  • Essential packages and Other Packages Payments :

b. If Manastha is not able to provide you the therapist within 5 working days of your payment. Please Note, No therapy will be given if you request us for the refund in this case.

Note : In case, you requested for change in therapist, assigning days will be counted from the time of your new request.

X Situations in which NO REFUND will be given on Prime Packages and Essential Packages payments :

c. If You have paid for the session and We have assigned the therapist to you within 4 working days ( for Prime packages ) and Within 5 days ( for Essential packages and Other packages) and you don’t wish to take the therapy in that case, no refund will be given to you.
Please Note : If you Wish to cancel it for any reason before taking the session , No refund will be initiated for the same. Please be sure that you really need to take the therapy before making any payments.

d. If you are unhappy with the services, no partial or any refund will be given in this scenario. Only possibility which exists in this scenario is that we will consider to change your assigned therapist after carefully considering all the valid points and reasons. In this scenario, your therapy will resume from that point only and no previously used minutes will be given to you. You will only get your left over minutes for the session.

e. Suppose , you have completed your package minutes and not happy with the services, No refund will be given in this scenario. You need to re-opt for the packages and we will consider to change your previous therapist and will provide you the new therapist. But You will have to re-pay for the new package.

f. You need to take your sessions under the validity period of the sessions, failing to do so will cancel all your subscriptions and no refund will be given in that scenario. You need to re-opt for the packages and restart your journey. In this scenario we can give you the previously assigned therapist.
Note : Scheduling sessions is your responsibility and not the therapist responsibility. In case your therapist is not giving you slots, you must email us at care@manastha.com. After validity expiration, no requests will be heard.

g. Therapist holds the choice to change your appointment time and slot if they feel like. No complaints will be taken into consideration for that.

h. If you are not present at the assigned time, You must tell the therapist at least 24 hours before the booked slot, failing to do so will cancel your 60 minutes from Prime package and 40 minutes from Essential package and other packages.

i. Suppose you wish to cancel your package subscription in between because of any reason, no partial or any refund will be given to you.

j. Usually Session happens once in a week and Therapist has the freedom to choose the time slot for you. You can request the therapist to have the session as soon as possible but therapist will have the final say in choosing the day and time for you.

k. It is Your responsibility to complete your sessions within the Validity time period, you must contact your therapist to fix your next session. If therapist is not helping you to fix the session, please send us the email to notify us about the same.

You can find the same at www.manastha.com/pages/refund-policy

1.2.2 Appointments (Audio/Video/Face to Face):

1.2.2.1 For any services purchased, the Manastha team shall make 2 attempts to reach the customer for confirmation of the services. In case, the customer fails to respond within 7 days of the last communication, the service will be treated as consumed and no refunds shall be provided by Manastha.

1.2.2.2 In case, of technical difficulties during or at the time of the session, Manastha will check with their service providers. If the case is adjudged to be genuine, the appointment shall be rescheduled.

1.2.2.3 For Chat and Audio/Video Sessions, in case, the customer fails to turn up at the time of the appointment, appointment will be treated as consumed and no refunds shall be provided by Manastha.

For Face to Face appointments, any no shows are treated as availed services and no refund or rescheduling shall be provided by Manastha in such a scenario.

1.2.2.4 For any reschedules, the customer needs to inform Manastha at least 24 hours in advance.

1.2.3 Validity of Packages: The Validity of all Manastha Packages: –

Packages

NO. OF SESSIONSEssential PACKAGESPRIME PACKAGES1 SESSION 10 DAYS15 DAYS4 SESSIONS40 DAYS60 DAYS7 SESSIONS70 DAYS120 DAYS

You must take your Sessions within the time period stated above by Manastha.

LEGAL ACTIONS

If you are found you are found degrading, tarnishing, maligning the Image/reputation of Manastha.com by spreading hatred, false/fake reviews, wrong actions against the platform or against any other associates, strong legal actions will be taken immediately.

1.3 User(s) can make payments through any of the following available options:

1.3.1 Internet Banking

1.3.2 Debit/ Credit Cards

1.4 The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards (“Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).

1.5 While availing any of the payment method(s) 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.

1.6 You understand, accept and agree that the payment facility provided us, is neither a banking nor financial service.

1.7 Manastha reserves its right to change the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.

  1. OWNERSHIP OF THE WEBSITE

2.1 The Website contains content owned or licensed by Manastha Health Solutions Private Limited (“Manastha Health Solutions Private Limited Content”). Manastha Health Solutions Private Limited owns and retains all rights in the Manastha Health Solutions Private Limited Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Manastha 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 Manastha Content.

2.2 The Manastha name and logo are trademarks of Manastha Health Solutions Private Limited, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Manastha Health Solutions Private Limited, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Manastha, and may not be copied, imitated or used, in whole or in part, without prior written permission from Manastha Health Solutions Private Limited.

  1. USE OF THE WEBSITE AND CONDUCT

3.1 Use of the Website

3.1.1 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, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

3.1.2 You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website; (v) collecting or harvesting any personally identifiable information, including account names, from the Website; (vi) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Website; (ix) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or (x) bypassing the measures we may use 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.

3.2 User Content Guidelines:

3.2.1 You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. Manastha shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws.

3.2.2 The Website provides Users the facility to create, share and post content (together, “User Content”). Manastha claims no ownership rights over User Content created by you. Manastha has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.

3.2.3 Manastha 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 it, or sharing it and 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.

3.2.4 You agree not to post, store, transmit, create or share any User Content that: (i) 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; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) 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), libelous, threatening, profane, or otherwise objectionable; (vi) contains 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); or (vii) contains any information or content that you do not have a right to make available under any 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. Manastha reserves the right, but is not obligated, to reject and/or remove any User Content that Manastha believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, 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 Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

3.2.5 In connection with your User Content, you affirm, represent and warrant the following:

3.2.5.1 Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.

3.2.5.2 To the extent that 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.

3.2.5.3 Manastha 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.

3.2.5.4 Manastha 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 it, or sharing it and you agree that Manastha is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

  1. RIGHTS TO USER CONTENT

4.1 If you share your User Content with Manastha and/or link your User Content to Manastha on a third party service and/or post content on any social media page owned and operated by Manastha you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Manastha 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 Manastha’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.

  1. DISCLAIMERS

5.1 THE ADVICE OR INFORMATION PROVIDED BY EXPERTS VIA THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR EXAMINATION BY A DOCTOR OR OTHER MENTAL HEALTH PROFESSIONAL. YOU ARE ADVISED STRONGLY AGAINST RELYING SOLELY ON, OR MAKE DECISIONS BASED SOLELY ON ADVICE PROVIDED BY ANY Expert.

5.2 You understand and agree that although a Expert may be a counsellor, therapist or other mental health professional. Manastha disclaims any and all liability for any consultation and therapy services rendered by an Expert to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Website and to continue to interact with such individual(s), and that the role of Manastha is strictly limited to providing access to such Experts to you.

5.3 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.

5.4 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 SUCH AS AASRA (91-22-27546669).

5.5 YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE AND AVAILING OF SERVICES ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. MANASTHA IS NOT, AND WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

  1. PRIVACY AND SECURITY

6.1 You understand that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.

6.2 You understand that Manastha 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.

  1. WARRANTY

7.1 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 WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANASTHA OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MANASTHA, 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.

7.2 MANASTHA 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 MANASTHA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. EXCEPTIONS AND LIMITATIONS

8.1 Manastha does not make any representation or warranty as to the quality or value of the services offered on the Website, or availability of Expert(s). Manastha does not implicitly or explicitly support or endorse any services on the Website. Manastha shall not be liable for any errors or omissions, whether on behalf of itself or third parties.

8.2 While Manastha carries out background checks and verifications on all Experts, you understand and acknowledge that Manastha does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Expert, or any service, advice, opinion, recommendation provided by an Expert. 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 Expert; (b) the Website or (c) any service, advice, opinion, 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.

8.3 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.

8.4 You agree that Manastha is not responsible for, and does not endorse, User Content posted within the Website. Manastha does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.

8.5 Manastha 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 Manastha, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Manastha will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

8.6 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.

  1. TERMINATION

9.1 Manastha may terminate these Terms for any reason at any time. Manastha 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.

  1. LINKS

10.1 The Website may contain links to other Websites (“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.

10.2 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.

10.3 On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

  1. INDEMNIFICATION

11.1 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.

11.2 IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE WEBSITE, YOU HEREBY RELIEVE MANASTHA, 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.

  1. LIMITATION OF LIABILITY

12.1 IN NO EVENT WILL MANASTHA 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 MANASTHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12.2 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 (“CONDUCT”) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR SERVICES, AND SHALL IN NO WAY HOLD MANASTHA AND/OR ITS AFFILIATES RESPONSIBLE FOR SUCH CONDUCT.

  1. GOVERNING LAW

This Agreement shall be governed by the laws of India, and the courts of Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.

  1. GRIEVANCE OFFICER

14.1 In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the ‘Grievance Officer’ are provided below:

Name: Ms. Rozel Sharma

Phone No: +91 7428699696

E-mail Address: reach@manastha.com

Postal Address: C-368, SECTOR – 122, GAUTAM BUDDHA NAGAR, NOIDA, UP – 201301

  1. MISCELLANEOUS PROVISIONS

15.1 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.

15.2 Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.

15.3 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 as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.

15.4 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).

15.5 Notices: Any notice required or permitted to be given to Manastha 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 Manastha. All notice required to be given under these Terms shall be addressed to:

Name: Manastha Health Solutions Private Limited

Postal Address: C-368, SECTOR – 122, GAUTAM BUDDHA NAGAR, NOIDA, UP – 201301

Contact us : www.manastha.com/contact-us

E-mail Address: care@manastha.com

15. DATA

15.1 – Account Deletion: Upon account deletion or logout, all user-related cache, including their credentials and token, is promptly purged.

15.2 – Account Termination: Users have the option to delete their account through their profile. This action results in the removal of local data stored in our database.

15.3 – Data Utilization: User data is exclusively stored and employed within the confines of the application, rendering users incapable of sharing any form of data.

NOTE: We encourage you to periodically review this page for the latest information on our Privacy Policy and practices. MANASTHA HEALTH SOLUTIONS PRIVATE LIMITED reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately.