Terms and Conditions

1. Introduction

The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which counseling may be provided (collectively the "Platform.Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”) By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform, but please let us know by emailing at manoracheta.psych.health@gmail.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

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”, “Manoracheta” shall mean the Company, its employees, and authorized agents that perform any services on the Company’s behalf.

You confirm that you are

• Physically present or are a resident of the state or the Country you have chosen as your current residency when creating your account.
• Legally able to consent to receive the Counselor Services.
• Legally able to enter into an agreement according to the Indian law.

I. Privacy and Security

Protecting and safeguarding any information you provide through the Platform is extremely important to our company. Information about our security and privacy practices can be found on our Privacy Policy available at manoracheta.com (The ‘Privacy Policy’).

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE WEBSITE(Manoracheta), YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME TERMS THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY

II. Ownership of the website

The Website contains content owned or licensed by Manoracheta . Manoracheta owns and retains all rights in the Manoracheta Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Manoracheta 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 Manoracheta Content.

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

III. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at manoracheta.psych.health@gmail.com.

IV. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.You represent and warrant that:

• you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that
• the information you supply to us is true, correct and complete.We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

V. Refunds

We issue refunds for Contracts within 30 days(THIRTY DAYS) of the original purchase of the Contract. We shall charge 20% of the amount as the inconvenience fees during the refund of any sort.

VI. Ownership of Content

Content found on or through this Service are the property of Heal-In or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

VII. Your account, representation, conduct and commitment.

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service.

• If the use in which way that violates or is against any applicable national or international law or regulation
• For such purpose which exploits, harm, or attemps to harm minors in any way by exposing them to inappropriate content or otherwise.
• In any agreement which shall 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;
• In any agreement that creates a risk of any other loss or damage to any person or property;
• Any person who Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• If anything contains any information or content that we deem to be unlawful, harmful, abusive, racially or offensive in any manner , defamatory, infringing, invasive of personal privacy , harassing, humiliating to other people (publicly or otherwise), threatening, profane, or otherwise objectionable)
• If the said shall contain 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 contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. There should not be third-party rights violation of any kind, including without limitation any Intellectual Property rights or rights of privacy
• To impersonate a Company, or attempts to impersonate a company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To get involved in any conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend any Company or users of Service or expose them to liability.

Additionally, you agree not to:

• Use this Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
• Use any artificial intelligence , spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
• Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of Service.
• Further, you shall not attempt to disrupt the operation of the Platform by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Platform in any way that could damage, disable or impair the Platform. You shall not attempt to obtain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Platform for any purpose.
• To gain unauthorized access to, interfere with, damage, or disrupt any parts of Service provided by us, the server on which Service is stored, or any server, computer, or database connected to Service under our platform.
• To Attack Service via a denial-of-service attack or a distributed denial-of-service attack on our platform.
• Take any action that may damage or falsify Company rating and cause defamation.
• An attempt to interfere in smooth functioning of our system.

VIII. Use of the Platform

• Your use of the Platform is at your own risk.
• You are aware that in order to access and use the Platform, you must provide in good faith the truthful information about your age, residence and Emergency Contact.
• All information you have provided, or will provide in the future, in or through the Platform shall be true, accurate, current and complete. Additionally, you shall during the term of these Terms and Conditions make sure to maintain and update the information in order to continue to be true, accurate, current and complete.
• You shall not attempt to access or access or use the Platform or the Counselor Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms of our platform and company
• You shall make sure that you will not post, send, use, store, transmit or deliver either of the following on and through the Platform:
  • messages or information under a false name;
  • unsolicited e-mail and/or advertisement or promotion of goods and services
  • malicious software or code;
• Any Information that is unlawful, defamatory, fraudulent, predatory of minors, harassing, privacy invading, abusive, threatening or hateful, vulgar, obscene, racist or potentially harmful content;
• any content that may cause damage to a third party; or
• any content which may constitute, cause or encourage a criminal action or violate any applicable law.
• The Company is not obligated to respond to messages posted on the Platform. You are solely responsible for the information or material you post on the Platform if its under your name.
• In any case you provide information that is false, untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to believe that your account information is false,untrue, inaccurate, not current or incomplete, the Company reserves the right to transition your treatment to another counselor outside of the Platform and refuse any future request(s) from you to use our site.
• Your attempt to use or use of the Platform, including the Counselor Services, are solely for your own personal use and you shall not use the Platform or the Counselor Services for or behalf of any other person or organization.
• You shall not attempt to violate or violate any applicable local, state, national or international law, statute,any ethical code of conduct, ordinance, rule, regulation in relation to your use of the Platform and your relationship with the Counselors and the Company.

IX. Right to user friendly platform

If you share your User Content with Manoracheta and/or the Website, and/or link your User Content to Manoracheta on a third party service and/or post content on any social media page owned and operated by Manoracheta you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Manoracheta a royalty-free, sub licensable, 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 Manoracheta (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.

X. Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

XI. No Use By Minors

XII. Accounts

• You are prone to be responsible for maintaining the confidentiality of your account and password, including not limited to the restriction of access to your computer and/or account.
• You shall agree that you accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party conduct of service.
• You must notify us immediately upon incase of any breach of security.
• You may not use or attempt to use a username of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization or written permission
• You may not use as a username any name that is offensive, vulgar or obscene that can cause or hurt the sentiments of people in general.
• We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion

XIII. Intellectual property

• All content available on or through the Platform shall be the property of Manoracheta the Company or its licensors, and shall be protected by copyright, trademark, patent, trade secret and other intellectual property law.
• The Platform “Manoracheta” is subject to various factors such as, but not limited to, software, hardware and tools, either the Company’s or those owned and/or operated by the Company’s contractors and suppliers.
• You undertake and agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Platform to any third party.
• All software and accompanying documentation under this platform made available for download through the Platform is the copyrighted work of the Company or its named licensors. Any copy made of information obtained through the Platform must include all applicable copyright notices.
• The Platform is protected by copyright, trademark, and other laws of both indian and foreign countries. The Company’s trademarks or any kind of content may not be used in connection with any product or service without the prior written consent of the Company.
• Any kind of abuse, defamation, unlawful ethics will be reported.

XIV. Limitations of Liability

• You will indemnify, hold or defend the Company harmless from and against any and all losses, causes of action, demands,claims liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
  • Access to or use of the Platform “Manoracheta”;
  • Use of the Counselor Services provided by Manoracheta;
  • Any actions made with your account whether by you or by someone else;
  • Any kind of violation of any of the provisions of this Agreement;
  • In case of non-payment for any of the services (including Counselor Services) which were provided through the Platform”Manoracheta”;
• In attempt of any kind violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
• In the event of any problem with the Platform”Manoracheta” or any of its content, your sole remedy shall be to cease using the Platform “heailin”. Under no circumstances shall the Company, any of the Company’s licensor or supplier, or any third party who promotes the Platform or provides you with a link to the Platform be liable in any way for your use of the Platform or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.
• Under no circumstances shall the Company, its licensors or suppliers of non-medical/ mental healthcare services or any third party who promotes the Platform or provides you with a link to the Platform, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, but not limited to, personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Platform, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if the Company or any third party have been advised of the possibility of such damages.
• The Company”Manoracheta” shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
• The Company’s aggregate liability for damages arising with respect to the Terms and Conditions and any use of the Platform will not exceed the total amount of money paid by you or on your behalf through the platform in the 3 (three) months period prior to the date of the claim.
• It should be made sure that the client shall release and hold the Company harmless for all causes of actions and claims resulting from the Counselor Services or the company”Manoracheta”, such as but not limited to acts, omissions, opinions, responses, advices, suggestions, information and or service of any Counselor and/or any other content or information accessible through the Platform.
• If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law whatsoever.
• You shall not settle any third party claim or waive any defence without our prior written consent.

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

XV. Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform use “Manoracheta”, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

This Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. We try to make reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be fully reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

XVI. Disclaimer

THE ADVICE OR INFORMATION PROVIDED BY OUR TEAM THROUGH 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 OUR TEAM.

You understand and agree that although a Team member may be a counsellor, therapist or other mental health professional, Manoracheta cannot predict or assess the competence of, or appropriateness, or verify the credentials of such a Team member. Manoracheta disclaims any and all liability for any consultation and therapy services rendered by a Team member to you through the Website. You also understand and agree that guidance and coaching provided through the website is general in nature and it cannot replace face to face counselling. You understand and agree that as the guidance provided through the Website is based on the information provided by you and as Manoracheta has no means to verify the authenticity or correctness thereof and as the information provided by you will lack nonverbal clues and cues, Manoracheta cannot guarantee that perfect advice or guidance can be given to you for your problems or concerns. You further acknowledge and agree that you take full responsibility for the decision to access a Team member through the Website and to continue to interact with such Team members, and that the role of Manoracheta is strictly limited to providing access to The Team/Team member to you.

USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, PLEASE GO TO THE NEAREST HOSPITAL OR HEALTH CARE PROVIDER.

THE WEBSITE IS NOT A SUICIDE HELPLINE PLATFORM. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MAY DISCONTINUE USE OF THE SERVICES IMMEDIATELY AT YOUR DISCRETION AND PLEASE NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL. IF YOU ARE THINKING ABOUT SUICIDE, IMMEDIATELY CALL A SUICIDE PREVENTION HELPLINE. YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM AND AVAILING OF SERVICES ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. Manoracheta IS NOT, AND WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

XVII. Governing Law and territorial jurisdiction

These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

The territorial jurisdiction of any dispute between the customer and service provider related to prior service, service or after service will be subject to jurisdiction of nashik court only and will not have any jurisdiction of any other court.

XVIII. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion with notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users for improvement of our services,

XIX. Amendments

The Company shall be entitled to change the Terms and Conditions by posting modifications on the website www.Manoracheta.com. Therefore, you are encouraged to check the terms of the Terms and Conditions frequently. The last update date of this Agreement is posted at the top of the Terms. Unless otherwise specified, all modifications shall be effective upon posting. By using the Platform after the changes have become effective, you agree for such changes. If you do not agree to the changes, you must terminate access to the Platform and participation to Counselor Services.

XX. Waiver

No amount of 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. Any kind of terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties only.

A waiver by either of the Parties in which there are 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).

XXI. Severability

If any term or provision in this document is held to be either illegal or unenforceable, debatable 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 whole as Terms shall not be affected.

If any provision is held unenforceable or invalid for any reason, then provided that the 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.

Survival clause: 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.

Assignment :The Company shall be entitled to freely transfer or assign the Terms and Conditions or any of its obligations hereunder. You shall not be entitled to transfer any of your rights or obligations under the Terms and Conditions, without the prior written consent from the Company.

XXII. Grievance officer

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

• Name: Rajeshwari Bajaj
• Phone No: 8530002490
• E-mail Address: Manoracheta.counselling@gmail.com
• Postal Address: 3, Shanti Swapna Apt., Tilakwadi, Nashik 422001

XXIII. Entire Agreement

These Terms and Conditions represents the entire understanding and constitutes the whole agreement between you and the Company as acknowledged by you and you agree to bound by them.

XXIV. Warranty

• THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE IS AT THE USER’S RISK ONLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, THE WEBSITE IS PROVIDED WITHOUT ANY KIND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Manoracheta OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING, Manoracheta, 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.
• Manoracheta DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY KIND OF RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OF Manoracheta OR ANY HYPERLINKED WEBSITE OR SERVICE KNOWN OR UNKNWON TO US , AND Manoracheta WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDER IF YOU CHOSE TO OPT FOR ANY KIND OF TRANSACTION.

XXV. Notices

Henceforth any notice required or permitted to be given to Manoracheta hereunder shall be in writing and sent or transmitted by

• registered or certified mail;
• hand-delivered;
• by mail
• Internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Manoracheta.

All notice required to be given under these Terms shall be addressed to:

• Name: Ajay Deshmukh
• Postal Address: 101, First Floor, Laxmi plaza gole colony, Nashik - 422 022
• Contact us : +91 8380090498
• E-mail Address- manoracheta.psych.health@gmail.com