Terms & Conditions
- WELLHEAL (“Mobile Application”) welcomes you.
- “User”, “You” and “your” refers to the person who is accessing or taking any service from us.
- “Coach” or “Counsellors” refers to the registered music therapist, counselors, Psychiatrist and some coaches offering services to the app users;
- “Mobile Application” shall mean and include “WELLHEAL”, and any successor Mobile Application or any of its affiliates;
- “User Account” shall mean an electronic account opened for the user for availing of various services offered on the Mobile Application;
- “Third Party” refers to any individual, association, partnership, firm, company, corporation, consultant, Subcontractor, or a combination thereof, including joint ventures that are not a party to this Agreement.
- All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
- Words importing any gender shall include all the other genders.
- Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
- All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.
4) INTRODUCTION AND SCOPE
- Scope. These Terms govern your use of the Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.
- Eligibility: Certain Service of the Mobile Application is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.
- Electronic Communication: When you use this Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
- Wellheal is a meticulously designed mobile app that offers Healing through Music.
- In the app, there will be profiles of registered music therapists, counselors, Psychiatrists, and some coaches and through these profiles, users will be in touch with them if any user needs any session.
- The app has limited access to a few kinds of music and if the user needs access to extra tips for healing and other benefits then he must upgrade to the premium version.
6) MODIFICATIONS TO THE SERVICE
- We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by posting a revised version of the Terms incorporating the changes to our Mobile Application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
- For accessing the Mobile Application and using certain resources, you may be required to provide specific information and create a user ID and password to establish an account.
- When you create an account, we collect registration-related information such as name, address, e-mail, preferred sports, etc. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration.
- You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
8) SCAMMING, SPAMMING, OR MISLEADING USERS
- We believe WELLHEAL should stay a clean place and we work hard to make it reliable and useful to both, Buyers and Sellers. Therefore we do not tolerate any illegal activities, scams, spam, or trying to mislead other users to gain an advantage, get free work, or ask others to perform actions that are not legal. We monitor many things in the backend and as soon as we notice strange behavior, we put such accounts on hold and contact the owner. In cases where we are 100% sure that a user has tried to perform an illegal activity, we will immediately terminate such an account.
9) USER CONTENT
i) Content Responsibility.
- The Mobile Application permits you to submit content, feedback, etc. but you are solely responsible for the content submitted to you. You represent that you have required permission to use the content.
When submitting content to the Mobile Application, please do not submit content that:
- contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature; is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
- violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community; discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
- Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the Mobile Application without advanced notice.
10) BOOKING SESSION
- The mobile application provides a meeting form for taking online Sessions/consulting offered in the mobile application.
- On booking a consultation you are given the contact information of the Consultant. After which your invoice is verified and an appointment is scheduled. You may choose to have consultations over video calls, phone calls, emails, or texts.
- The user can book our consulting services and send their information to book a session. Users can also use the website or call us directly.
- You agree to have the information you entered through booking forms on the Wellheal App will be transmitted to relevant employees and associates of the mobile application.
11) PAYMENT TERMS
- All the payments on this Mobile Application shall be governed by our terms and conditions.
- Payment mode shall be:
- Online: Credit Cards and Debit cards;
- PayPal or Stripe;
- If there is an error in the order confirmation, please contact us immediately by email at email@example.com.
- We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
- We take customer feedback very seriously and use it to constantly improve the quality of our service.
12) CANCELLATION AND RESCHEDULING
i) Rescheduling of Session
- If you wish to reschedule your session. You can reschedule the session (at least 24 hours before the session) for a period of 3 days from the original date of the session free of charge.
ii) Cancellation of Session
- If the session is canceled by us due to some technical or other issues, a 100% refund will be provided. If you wish, you can cancel any session.
- If you cancel your session 24 hours before the session, we offer a 100% refund;
- If you cancel your session within 24 hours before the session no refund will be applicable on the cancellation of a session. Further, cancellations of rescheduled session are also not eligible for a refund
- For Rescheduling/Cancellation you can contact us at our email firstname.lastname@example.org. Upon cancellation, the refund is applicable only at our sole discretion.
13) GENERAL CONDITIONS
- We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
- We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
- The Mobile Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
- You release us and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arising from your use of the Services (collectively, “Claims”).
- Any materials provided by the Client/Customer in the course of using our service shall be kept confidential by us as against third parties, unless the disclosure is required under the process of law or unless the disclosure is to our’s financial auditors or governing regulatory bodies. Disclosing or using this information for any purpose beyond the scope of this Agreement.
16) LIMITED GUARANTEE
By this Mobile Application:
- We provide an opportunity for you to avail of the offered services from our Mobile Application.
- We do not provide any warranty or guarantee that the service descriptions are accurate, complete, reliable, current, or error-free. If a service offered by the Mobile Application is not as described, your sole remedy is to intimate us about Services for taking further action.
17) GEOGRAPHIC RESTRICTION
- We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Mobile Application is invalid where banned.
18) USER RESPONSIBILITIES
- You shall use the Service and Mobile Application for a lawful purpose and comply with all the applicable laws while using the Mobile Application;
- You shall not use or access the Mobile Application for collecting any market research for some competing business;
- You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;
- You will not use any device, scraper, or any automated thing to access the Mobile Application for any means without taking permission.
- You will inform us about anything that is inappropriate or you can inform us if you find something illegal;
- You will not interfere with or try to interrupt the proper operation of the Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Mobile Application through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Mobile Application; You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
- You agree to comply with all applicable domestic laws, statutes, ordinances, and regulations regarding your use of our Mobile Application. We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your user account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties
- We reserve the right, in our sole and absolute discretion, to deny you access to the Mobile Application or any service, or any portion of the Mobile Application or service, without notice, and to remove any content.
19) EXCLUSION OF LIABILITY
- We accept no responsibility for delays/errors due to circumstances outside of our ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, or reduced or non-delivery from the other user.
- We shall not be liable and responsible for the behavior of the users. And we are also not accountable for the quality of the services provided by the Relationship manager on the Mobile Application.
- You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
- Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the WELLHEAL Mobile Application including loss of data or information or any kind of financial or physical loss or damage.
- In no event shall Wellheal, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service;(ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use, or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness), or any other lawful concept, whether or not we’ve been aware of the possibility of such damage.
20) NO RESPONSIBILITY
We are not responsible to you for:
- any losses you suffer because the information you put into our Mobile Application is inaccurate or incomplete; or
- any losses you suffer because you cannot use our Mobile Application at any time; or
- any errors in or omissions from our Mobile Application; or
- any unauthorized access or loss of personal information that is beyond our control.
21) SPAM POLICY
- You are strictly prohibited from using the Mobile Application or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
22) THIRD-PARTY LINKS
- The Mobile Application may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
24) ERRORS, INACCURACIES, AND OMISSIONS
- Every effort has been taken to ensure that the information offered on this Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
25) DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- The mobile application and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the mobile application will operate error-free or that the mobile application, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.
- We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, non-violation of third parties’ rights, and fitness for a particular purpose, and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation to any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the mobile application or the content, even if we have been recommended of the possibility of such damages.
- The mobile application may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the mobile application. The mobile application may contain information on certain services, not all of which are available in every location. A reference to a service on the mobile applications does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the mobile application at any time without notice.
26) COPYRIGHT AND TRADEMARK
- The Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audio-visual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. The unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Mobile Application or in a networked computer environment for any purpose is expressly prohibited.
- If you infringe any part of this Agreement, your permission to access and/or use the Content and the Mobile Application automatically terminates and you must immediately destroy any copies you have made of the Content.
- Our trademarks, service marks, and logos used and displayed on the Mobile Application are registered and unregistered trademarks or service marks of us. Other product and service names located on the Mobile Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
- You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Mobile Application. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
- Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
- Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
iii) ENTIRE AGREEMENT
- This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.
- For any claim arising between you and Wellheal App (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
v) DISPUTE RESOLUTION
- If a dispute arises between you and Mobile Application Wellheal, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and Mobile Application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Mobile Application and Mobile Application Services (a “Claim”) following this section entitled “Dispute Resolution.” Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.
vi) GOVERNING LAW AND JUDICIAL RECOURSE
- The terms herein will be governed by and construed under the law of India and the State of Gujarat without giving effect to any principles of conflicts of law. The Courts of the State of Gujarat shall have exclusive jurisdiction over any dispute arising from the use of the Mobile Application.
vii) FORCE MAJEURE
- We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
- We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
ix) CONTACT INFORMATION
- If you have any questions about these Terms, please contact us at email@example.com.