TERMS AND CONDITIONS OF USE

Version -2 [updated as on 3rd May]

This document is subject to change, in whole or part, from time to time. Any such change shall become effective immediately upon posting to the Platform

This document is an electronic record for the purposes 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 signature(s).

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.feeljoy.in or the FeelJoy mobile software application (the "Platform").

The Platform is owned and operated by HealR Private Limited (“Company” or “HealR”), a private limited company, incorporated under the provisions of the Companies Act, 2013 bearing CIN U74999DL2016PTC308244 and having its registered office at 4th Floor, A-57, C.R Park, New Delhi, 110019.

These terms and conditions (“Terms”) govern the access and use of the Platform, including but not limited to availing the services hereunder (“Services”). By accessing or using the Platform, or by accessing or using any content or information made available through the Platform, it shall be deemed that you have read, understood, and accepted to be bound by these Terms. Since these Terms are a legal contract between you and FeelJoy, it is important that you review the Terms carefully before accessing or using the Platform. 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 FeelJoy, including without limitation the privacy policy ("Privacy Policy"). FeelJoy reserves the right to make changes, in whole or in part to these Terms at any time with no prior notice. Such changes will become effective immediately upon posting to the Platform unless stated otherwise, and you agree to periodically review the current version of these Terms as posted on the Platform. Your continued access or use of the Platform, shall be deemed to be an acceptance of the revised Terms. 

For the purpose of these Terms, wherever the context so requires "You", “Your” or “User” shall mean any natural person who accesses or uses the Platform. The term “FeelJoy” shall mean the Company, its employees, its directors, shareholders, officers, consultants, representatives, affiliates and authorized agents, as the case may be (“FeelJoy Representatives”) on the Company’s behalf.

SCOPE AND PURPOSE

Feeljoy is a well-being consultancy.The Platform allows you to connect with individuals designated as a Consultant.

• FeelJoy is not a healthcare provider and your consultant is not your doctor, physician, or any other healthcare provider. All material and information with respect to general emotional healthcare available through the Platform shall depend on the personal health history and status provided by you and shall not be considered as professional medical or mental health advise. You should not use any information available on or through this Platform to diagnose or treat any condition, issue, problem, and or disorder pertaining to your medical or mental health without personally consulting with a qualified medical or mental health professional.

• In case of any emotional or mental health emergency or any medical emergency, or any other similar or dissimilar emergency, FeelJoy recommends that you immediately visit the closest medical facility for examination by a qualified healthcare professional. If you are facing a medical or psychological health emergency, or considering or contemplating suicide, or feel that you are a danger to yourself or to others, you must notify the appropriate personnel or call a suicide prevention helpline or visit the nearest hospital or emergency room. FeelJoy does not deal with any emergencies – medical, emotional, psychological or otherwise.

SERVICES

• The platform will allow you to have a one-on-one [session] with a Consultant whose objective will be to empower you to deal with the situation using positive psychology

• A Consultant may not be licensed health care professional. In case you wish to get assistance only from a licensed heath care professional, you are required to intimate your consultant of the same, prior to the commencement of your session.

ELIGIBILITY

• By using this Platform, you represent and warrant that you are at least eighteen (18) years of age and are competent to contract and be bound by these Terms.

• If you are a minor i.e. under the age of eighteen (18) years, you shall not use the Platform, unless you are accessing the Platform with the approval of your parent or legal guardian. 

• The parent/legal guardian/ward will be responsible for complying with FeelJoy Terms, and they represent that they are your parent/legal guardian/ward. FeelJoy is not obligated to confirm or verify the parent/legal guardian/ward and reserves the right to terminate your account and refuse to provide you access to the Platform if it is brought to notice or if it is discovered that you are under the age of eighteen (18) years and are accessing the Platform without the consent of your parent/legal guardian/ward. FeelJoy will not be liable for any harm caused to you on account of any use of the Platform without appropriate parental consent.

USER ACCOUNT

• In order to use the Platform, you may be required to register with the Platform by providing information about yourself including your name, email address and other personal information (“Personal Information”). Registration with the Platform is a one-time process and individuals who have already registered shall login on the Platform using the same user name and password (“Login Details”) as provided during the registration process. You agree to provide accurate, current and complete Personal Information as may be required for completing the registration process.

• You are requested to safeguard your Login Details and are exclusively responsible for the same. If you suspect that any of your Login Details are lost or stolen, or someone has attempted or successfully managed to access or use the Services through your Login Details without your consent please notify FeelJoy immediately at hello@feeljoy.in. Use of the Platform on public computers and storing Login Details on web browsers and other software is strongly discouraged. You will be fully responsible for any and all activity on your account and for any changes therein. You agree not assign or otherwise transfer your account to any other person or entity. FeelJoy will not be liable where your account is accessed/used by someone else either with or without your knowledge, and you will be liable and responsible for any losses incurred by FeelJoy due to someone else’s use of your account. 

• You understand and agree that by uploading/sharing/disclosing information pertaining to your well-being on the Platform, you consent to FeelJoy storing such information on FeelJoy servers . The information provided by you shall be stored by FeelJoy in personalized form till such time it is needed to fulfill the Service you seek to avail on the Platform. You accept risks associated with the unauthorized access to your account and any other information provided by you during the course of availing the Services. FeelJoy may, for the purposes of research archive and anonymize any and all information that may have been uploaded, shared, and or disclosed by you.  

By creating an account, you expressly consent to the use of:

• electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and  
• electronic records to store information related to these Terms or your use of the Services. 

• FeelJoy cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. 

COMMUNICATION

• As a registered user, you agree to receiving information, correspondence, and or notices (“Communication”), in relation to confirmation of your registration, transactions that you carry out on the Platform, reminders, recommended actions for you or promotions that are undertaken by FeelJoy, or others authorized by FeelJoy . Communication, as and when sent to you by one or more modes, shall be sent to you using the information furnished by you at the time of creating your account. Such Communications may be sent via email, SMS (text message), push notification, on site/application notification or otherwise. You can control what information you want sent to you, and where it is to be sent. You also have the choice to unsubscribe or opt-out from receiving reminders via email, SMS, push notifications or mobile telephone notification, or any of them. Charges for receiving such information will be as charged by your mobile service provider, and FeelJoy does not guarantee and will not be liable or responsible for the failure to send such notifications or reminders to you.

USE OF PLATFORM AND CODE OF CONDUCT

• All Personal Information or any other information you submit or share with FeelJoy, a Consultant, is truthful and accurate and you agree to maintain the accuracy of such information.
• Your registration on the Platform is solely for your personal and non-commercial use. Any use of the Platform or its content other than for personal purposes is prohibited.
• You may use the Platform for lawful purposes only. 
• You shall not communicate with your Consultant in any manner which may violate or infringes the rights of the Consultant or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or in any other manner which would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
• You are solely responsible for your conduct and any data that you share on the Platform. FeelJoy shall have no liability for conduct in relation to your use of the Platform. Violations of these Terms may result in legal consequences prescribed by the applicable laws.
• You acknowledge that when you access a link that leaves the website, the site you enter into is not controlled by FeelJoy and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that FeelJoy is not responsible for those sites. FeelJoy reserves the right to disable links from third-party sites to the website, although it is under no obligation to do so.
• You agree that you shall pay all fees on time. In case of late payment, FeelJoy reserves the right to levy a charge/interest on the outstanding amount.

PROHIBITED ACTIVITIES

• You shall not modify any content of the website.
• You shall not decompile, reverse engineer, or disassemble the content.
• You shall not delete or modify any content of the website and/or services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
• You shall not use the Platform in any way that is unlawful or harms FeelJoy, Consultant, or any other person or entity, as determined in FeelJoy’s sole discretion.
• You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contents on the Platform, without express written permission by us.
• You shall not share or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use of the Platform.
• You shall not use the Platform to develop, or to assist anyone in developing a competitive product or Services or for any other competitive purposes.

In addition to any other restrictions set forth in these Terms, you are prohibited from using the website and its content;

• to solicit others to perform or participate in any unlawful acts;
• to violate any international, central, state or local regulations, rules, laws, or directives;
• to infringe upon or violate FeelJoy’s intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to collect or track the Personal Information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.

DISCLAIMER ON WARRANTIES

• FeelJoy expressly disclaims any and all representations, warranties or guarantees, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of quality or fitness for a particular purpose.

• The Platform is provided on an “as is” basis and use of the Platform is at the user’s risk. To the maximum extent permitted by applicable law, the Platform 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 FeelJoy or through the Platform will create any warranty not expressly stated herein. Without limiting the foregoing, FeelJoy, its subsidiaries, its affiliates, its licensors, the Consultant, do not warrant that the content found on the Platform is accurate, reliable or correct; that the Platform will meet your requirements; that the Platform will be available at any particular time, uninterrupted or secure; that any defects or errors will be corrected; or that the Platform is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Platform 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 Platform.

• FeelJoy does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked website or service, and FeelJoy will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

• You further acknowledge that FeelJoy does not control the transfer of data over communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; FeelJoy shall not responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of the Platform that arise from the your content or third party content.

INDEMNIFICATION

• By accepting these Terms and using the Platform, you agree that you shall defend, indemnify and hold harmless FeelJoy, FeelJoy Representative, Consultant, and other representatives from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your use or access of the Platform, violation or breach of these Terms or any applicable law or regulation, violation of any rights of any third party, including a user or Consultant(as the case may be) connected through the Platform; or infringement, or infringement by any third party, including a user or Consultant(as the case may be), of any intellectual property or other rights of any person or entity and all third-party claims based upon the content of any information shared by you.

LIMITATIONS OF LIABILITY

• Notwithstanding anything contained elsewhere in these Terms, in no event shall FeelJoy be liable to you or anyone claiming under you for the cost or loss including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence or medical negligence), strict liability or otherwise. The limitations set forth in this paragraph shall apply even if you are advised of the possibility of such damage.

• FeelJoy will not be liable for indirect losses which is a side effect of the main loss or damage and which are not reasonably foreseeable by either you or FeelJoy at the time of entering into these Terms, for example loss of profits or loss of opportunity.

• Notwithstanding anything contained in these Terms, the maximum aggregate liability of FeelJoy with respect to claims arising out of or relating or incidental to the use of the Platform, shall be limited to the damages demonstrated to have been actually incurred by you, and in any event not exceeding of the fees paid by the you for the Services in respect of which such claim has arisen. In case the claim has arisen with respect to any other matter, the total aggregate liability of FeelJoy shall in no event be in excess of INR 100.

• FeelJoy shall not under any circumstances whatsoever be a party to disputes, negotiations of disputes between you and the Consultant or , as the case may be.

• Further, any guidance is dependent on the information provided by you to the Consultantand FeelJoy does not promise any outcomes based on any guidance or . FeelJoy shall not be liable for;

• the quality of the guidance being given by the Consultant,
• any negligence on part of the Consultant; 
• any inconvenience suffered by you due to a failure on the part of the Consultant to provide agreed services or to make himself/herself available at the appointed time, absence of the Consultant, or similar difficulties;
• any misconduct or inappropriate behavior by the Consultant;
• any variance in the fees charged; 
• any medical eventualities that might occur subsequent to availing services of a Consultant , selected by you.

• Decisions made by you on the basis of information provided on or via the Platform is at your sole discretion and risk. So far as is permissible by law, FeelJoy does not accept any liability to any person relating to the use of the Platform. By using the Platform, you acknowledge that you are solely responsible for any and all actions, liabilities, consequences, decisions, behaviors arising out of or in connection with the use of the Platform and shall in no way hold FeelJoy or FeelJoy Representatives, the Consultant, and or responsible for such conduct.

PRIVACY POLICY

• FeelJoy takes your privacy very seriously. For the current FeelJoy Privacy Policy, please click here.

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

PAYMENTS AND REFUND

• The provision of Services may be subject to payments now or in the future, depending on the type of account you register with FeelJoy. You agree to pay all applicable fees associated with your use of the Platform.

INTELLECTUAL PROPERTY

• The contents on the Platform is for informational purposes only. FeelJoy asserts its copyright ownership on the content of the Platform except for the content posted, uploaded, shared by third parties. The FeelJoy logo, FeelJoy trademarks and service marks are trademarks of FeelJoy. You must have the written permission of FeelJoy to use or display any FeelJoy marks. It is acknowledged that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, etc.) and other proprietary rights in and in relation to the Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to FeelJoy (expressly excluding any information which belongs to any Consultant, user, other third party)  shall vest wholly completely and fully with FeelJoy throughout the territory of the world and you shall have no right or claim to such intellectual property in any manner whatsoever.

• No information, content or material from the Platform, including but not limited to interaction with Consultant or may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without an express written permission of FeelJoy.

• Third-party content if any, appearing on the website is the property of their respective owners and FeelJoy does not assert any rights in relation to the same. Such third-party content is used by FeelJoy subject to the fair use provisions of Indian copyright law and applicable provisions in other jurisdictions.

TERMINATION

• FeelJoy reserves the right to suspend or terminate your access to the Platform and the Services with or without notice, and to exercise any other remedy available under law, if you are found to be in breach these Terms. In the event, your account is suspended or terminated due to breach of these Terms, you shall not continue to use the Platform under the same account, a different account or re-register under a new account.

• If for any reason you chose to discontinue the Services provided on the Platform, you can terminate your account by sending a notice for deactivation via email at hello@feeljoy.in. Once an account has been deactivated, you will no longer be able to access any of the Services provided on the Platform. 

• Upon suspension or termination, your right to procure the Services on the Platform shall forthwith cease and FeelJoy reserves the right to remove or delete any Personal Information or other information shared by you. Any suspension, termination, or cancellation will not affect the obligations under these Terms which by their nature are intended to survive such suspension, termination, or cancellation. 

GRIEVANCE REDRESSAL

• In accordance with the provisions of Information Technology Act, 2000 and rules made there under, FeelJoy has set up a grievance redressal forum, and the name and contact details of the ‘Grievance Officer’ are as follows;

Name: Pranav Vashistha

Phone No.: +91-9899233429

Email ID: pranavvashistha1991@gmail.com

Postal Address: T.F, D-682, C.R Park, New Delhi, 110019

SEVERABILITY

• If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction or arbitral tribunal, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law; provided however that, in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

DISPUTE RESOLUTION

• Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the applicability of these Terms, or your use of the Platform, or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, and any amendments made thereto. The venue of such arbitration shall be New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on both the parties.

GOVERNING LAW AND JURISDICTION

• These Terms of Use shall be construed as a contractual obligation between You and FeelJoy and governed by laws of India in New Delhi.

• Any and all disputes arising between the user and FeelJoy with regards to these Terms, including the interpretation of the terms of these Terms shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.
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  Refunds/Cancellations 
  1. A minimum of 24 hours' notice is required for rescheduling or cancellation of an appointment.
  Without such notification, fees will be charged to the Client as follows:
  ) Cancellations within 24 hours of the appointment: 100% of the fee payable for the session.
  ii) No-shows (missed appointment without notification): 100% of the fee payable for the
  session
  2. The Client may avoid a cancellation or no-show fee if Parties are able to reschedule within the
  same week as dictated by the Consultant schedule and availability.
  3. In case of cancellation by the Consultant , 100% fee paid for the session shall be refunded to
  Client or alternatively, the Consultant shall adjust the fee paid towards a rescheduled session,
  as agreed to between the parties.
  4. To cancel or reschedule as session the Client shall use their dashboard after upon logging in or write a mail on hello@feeljoy.in