Firm

“Your Ananda”, “yourananda.com”, “YA”, “Firm”, “Company”, “we”, “our”, “us”, “Service Provider” or similar terminology are all in reference to ‘Your Ananda’ as a provider of services for the remainder of this document.

 

User

“Client”, “user”, “you”, “your” or other similar terminology are all in reference to you as the user of the platform as a recipient of our products, services, and resources for the remainder of this document.

 

Platform

“Platform” or similar terminology are all in reference to any mobile app, website or web links that the User can employ to access services provided by the Firm.

 

Psychologist

“Therapist”, “counselor”, “professional”, “expert”, “psychotherapist”, or similar terminology are all in reference to the Psychologist.

 

Nature of Service

Your Ananda is an online counseling platform that delivers psychological/emotional wellness services and products to individuals and organisations. These include, but are not restricted to, corporate programs through which employees of organisations avail various services and products. Your Ananda offerings may include/are:

Online session with expert Therapists (who have been authorised by Your Ananda to use the platform for delivering their services) Periodic assessments and psychological tests Workshops and/or webinars delivered by trained Professionals

Self-help tools, content, and programs through a range of channels including, but not restricted to websites, mobile applications and emails

The services offered by Your Ananda are in compliance with our client anonymity and confidentiality policies (refer to Privacy Policy).

Your Ananda reserves the right to add or remove products and services from its overall offerings without prior notification.

The aforementioned shall hereinafter be referred to as “Services”.

 

1. User Agreement

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents are not eligible to use the Website. www.yourananda.com reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to www.yourananda.com’s notice or if it is discovered that you are under the age of 18 years.

Please read the User Agreement carefully. The terms in the User Agreement are in effect upon your using or availing services, resources or any product from the platform. Accessing the service/platform on any medium, including but not limited to mobile phones, smartphones, and tablets, is also subject to the terms of the User Agreement.

We reserve the right to add, modify or remove sections from the User Agreement at any point in time during the course of the agreement with no prior notice. Continuing to use the Your Ananda platform, purchase of any service, resource or product, forms an obligatory legal agreement between the user and Your Ananda. Liability to review the User Agreement from time to time lies with the user. Continuation of the use of the platform after revision of the User Agreement will be deemed to be an acceptance of the revised terms.

 

2. Notifications

You will be required to enter a valid phone number and email address while placing an order on the portal. By registering your phone number with us, you consent to be contacted by the portal via phone calls and/or SMS notifications, in case of any therapy session related updates. The user hereby unconditionally consents such intimation via SMS by the Firm in accordance with the “Do not disturb” guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India. As a website member, you will also receive updates from us about Services & Promotional Offers, special offers via your Email id registered with us. However, you may choose at any time to no longer receive these types of email messages. Please see our How-to-Unsubscribe for details.

3. Your Account and Registration Obligations

If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your Email ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system, and computer network, and you are responsible for all activities that occur under your Email ID and Password, email id and cell number as the case may be. Also as a User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to:

(a) Provide true, accurate, current and complete information about yourself as prompted by www.yourananda.com’s registration form or any other information provided by You (such information being the “Registration Data”)

(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or www.yourananda.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, www.yourananda.com has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

 

4. Electronic Communications

When You use the Website or send emails or other data, information or communication to www.yourananda.com, You agree and understand that You are communicating with Your Ananda through electronic records and You consent to receive communications via electronic records from Your Ananda periodically and as and when required. Your Ananda will communicate with You by email or electronic records on the www.yourananda.com which will be deemed adequate service of notice / electronic record.

Your Ananda in pursuance of requisite registrations with TRAI is entitled to contact you on the mobile number provided by you by means of SMS and phone calls. The User expressly agrees to receive such communication from the portal on its mobile number.

 

5. Applicability of Terms 

i. Your Ananda is not responsible for any non-performance or breach of any contract. Your Ananda cannot and does not guarantee that the concerned Therapists will perform any transaction concluded through the Website. Your Ananda shall not and is not required to mediate or resolve any dispute or disagreement between Therapists and Clients.

ii. Your Ananda does not make any representation or Warranty as to the on the Website. In particular, www.yourananda.com does not implicitly or explicitly support or endorse the sale or purchase treatment specifics offered by therapists on the portal.

iii. Your Ananda accepts no liability for any errors or omissions, whether on behalf of itself or third parties or Therapists or clients.

iv. The Website is a venue through which Users can reach a larger base of Therapists to seek help in case of mental health-related issues.

v. You release and indemnify Your Ananda and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions of the Therapist registered on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Your Ananda cannot control the information provided by therapists which are made available on the Website. You may find the therapist’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safety when using the Website.

 

6. License and Website Access

General: The portal grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except expressed via written consent of the portal.

No license for commercial sale: This license does not include any resale or commercial use of this website or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools.

No reproduction: This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without expressing written consent of the portal.

No framing: You may not frame or utilize framing technologies to enclose any trademark, logo, or other proprietary information ( including images, text, page layout, or form) of the portal and its affiliates without the express written consent. Meta tags: You may not use any meta tags or any other ‘hidden text’ utilizing the portal’s name or trademarks without the express written consent of the portal. Any unauthorized use terminates the permission or license granted by the portal.

 

7. Intellectual Property

Copyright Protection: All content included on this site, such as text, graphics, logos, button icons, audio clips, digital downloads, data compilations, and software, is the property of the Firm or its affiliate sites and protected by the Indian Copyright law. The compilation of all the content on this site is the exclusive property of the Firm and protected by Indian Copyright law. All software used in this site is the property of the Firm and is protected under the Indian Copyright law. Trademarks:

i) Protected Marks: Your Ananda, www.yourananda.com & logo design, www.yourananda.com other marks indicated on this website are registered trademarks of Your Ananda.

ii)  Protected Graphics: All portal graphics, logos, page headers, button icons, scripts and service names are trademarks or trade address of the Firm. The firm’s trademarks and trade address may not be used in connections with any product or service that is not of the Firm. All other trademarks not owned by the firm or its affiliates that appear on the portal or its affiliate sites are the property of their respective owners, who may or may not be affiliated with, connected to, associated with the Firm or its affiliates. The Firm does not, in any way, claim ownership or right over the Trademarks, Brands and Firm Names used at this site, which are owned by their respective owners/companies. References to these products and firm trademarks are used solely for the purpose of identifying the products supplied at this site.

 

8.Limitation of Liability

In no event shall the Firm be held liable for any damages of any kind arising out of

i. any injury to any person or property caused by the therapy provided by a registered Therapist.

ii. defects in such therapy on any theory of liability

iii. any other issues arising out of therapy.

 In addition, in no event shall we be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the services, the site or its content, including without limitation, loss of revenue or anticipated profits or lost business or damage to health/mental peace even if www.yourananda.com or an authorized representative thereof has been advised of the possibility of such damages. After you have contacted a Therapist through the portal, the firm is acting only as an intermediary and not as a Hospital or Clinic or Therapist in itself.

9. Warranty

The site and its services, including all the content, functions, materials and information made available by the Firm or therapists on or accessed through the site or the services are provided on an “as is” and “as available” basis without representations or warranties of any kind whatsoever by the Firm, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. The portal does not warrant that the products, services or the functions, features or content of the site will be timely, accurate, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the site or services will meet users’ requirements or expectations, and expressly disclaim any warranties or guarantees. If you are dissatisfied with the site or any services, your sole remedy is to discontinue using the site and the services.

10. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by notifying us - directly, or if you are accessing the platform as a corporate employee, then through your organisation - that you no longer wish to use Your Ananda’s services, or when you cease using our platform, subject to settlement of all outstanding payments.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this User Agreement, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

 

11. Monitoring

The User agrees that the Firm has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material, and content on the portal. The Firm reserves the right at all times to edit disclose or refuse to post any material or information or request removal of or remove any material or information from the portal.

 

12. Indemnity

You shall indemnify and hold harmless the Firm and (as applicable) portal’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, the portal’s Terms of Use, or your violation of any law, rules or regulations or the rights of a third party.

13. Grievance Redressal

Whenever there is a disagreement, the users can write to info@yourananda.com in order to raise a dispute. Disputes can be raised at a particular transaction level for any therapy service availed through the portal. The session details of the therapy should be shared by the user in the said email. When the User raises a dispute, then the portal will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the User, a refund is provided if necessary. The Firm is not responsible or obligated to settle user disputes and is doing the same out of their own volition.

To address the grievances of the users, Your Ananda has set up a Grievance Redressal Forum. In case you are dissatisfied with any aspect of our services, you may contact our Grievance Officer at info@yourananda.com. We assure you a time-bound solution not exceeding one month from the date of your complaint.

 

14. Force Majeure

The Firm will not be responsible for any loss or damage/delay direct or consequential, caused due to incorrect user details provided on the portal by the user , any act of God, such as accidents, any natural calamity, war, riot, commotion, strike, Local/Political Disruptions, Air / Rail / Road Disruptions / Delay or any other cause whatsoever beyond the control of the Firm. No claim for loss/damage/ delay will be entertained by the Firm in such events.

The firm shall not be liable for any consequential or special damages or loss (including loss of income, profits, reputation, use of contents or loss of any opportunity) or other indirect loss arising from the loss, damage, delay, even if the firm had knowledge that such damages or loss might arise. The firm shall not liable if your therapy session or any part of it is incomplete, damaged, delayed or more delivered or not delivered at all as a result of ACT OF GOD, FORCE MAJEURE, which shall include war, accident, acts of public enemies, strikes, embargoes, perils of the air, local disputes, civil commotions, National or local disruptions in air or ground transportation networks.