Terms of Use

 

Who are we?

We are ManoShala LLP ("ManoShala" or “We” or “Us”), owners and operators of www.maanoshala.com (“Website”) and the mobile based App available on App stores platforms (“App”) (collectively the “Platform”), engaged in the business of (a) listing wellness consultants, counselors and psychologists who independently provide professional services (“Professionals”) and (b) selling and/or providing access to broad range of mental health and wellness resources and allied digital services as well as booking services (“Products” or “Services”) to individuals and organizations through this Platform. It is clarified that Services provided to you on the Platform by ManoShala do not include independent professional services of persons listed on this Platform (“Professional Services”), whose terms of service are independently agreed between you and the Professionals during the process of booking such services on this Platform. This User agreement applies to all users of the Platform, including without limitation users who are browsers, customers, merchants, and/or contributors of content.

What are these terms of use?

(a) these terms constitute a legally binding agreement between you and manoshala and/or between you and any third-party service provider listed on the platform (to the extent of your purchase of third-party services through this platform). When you use the platform or purchase or avail any product or services or third party services on the platform, you agree to be bound by the terms and conditions stated herein as may be amended by manoshala or such third party service provider from time to time.

(b) as long as you comply with these terms, you are granted a personal, non-exclusive, nontransferable, limited privilege to enter and use the platform.

(c) if you do not agree to be bound by (or cannot comply with) any of the terms below, we urge you not to use the platform or purchase or avail any products or services or third-party services listed therein. You hereby expressly represent and warrant that you will not purchase or avail from this platform, products or services or third-party services, if you do not understand, agree to become a party to, and abide by all of these terms.

Why have these terms been published?

(a) These terms are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (“the rules”) that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.manoshala.com.

(b) These terms constitute an electronic record under the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

What are your responsibilities while reviewing these terms?

(a) You, the user of this Platform, (“User”, “you”, “your”) have the responsibility of reviewing these terms and conditions as well as other terms and conditions published elsewhere on the Platform (“Terms” or “Terms of Use” or “User Agreement” or “Agreement”) periodically for updates / changes. By using the Platform, you agree that you have read and understood these Terms and you agree to be bound by these Terms. ManoShala reserves the right to change or revise this Platform and/or alter the Terms at any time.

(b) Your continued use of the Platform following any changes will mean that you accept and agree to any revisions made by us to these Terms.

(c) By clicking, tick-marking or otherwise confirming anything on this Platform; or browsing, purchasing or availing Products or Services or any other items displayed on www.manoshala.com by whatsoever name, photograph, video or description and/or using or consenting, whether explicitly or implicitly, to using all or any of the Products or Services or other services listed by ManoShala on the Platform including third party services such as independent professional services of listed professionals and support services such as logistics services and payment collection services, you consent to the Terms of this Agreement and the privacy policy which is incorporated in these Terms by reference as well as to terms of any third party service provider, as may be specified by them on the Platform, and which are deemed to be included herein by reference.

(d) You hereby also agree and acknowledge to be bound by such references, rules and regulations, policies, terms & conditions on any subdomains, webpages or extensions of www.manoshala.com which are hereby deemed to be incorporated in these Terms.

(e) You further acknowledge that the sub-headings are only indicative of the nature of the content under them and are included for ease of reference; and that the entire Agreement applies to you at all times.

Are you eligible to transact on this Platform?

(a) This Platform may only be used to transact by such 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, persons of unsound mind, and undischarged insolvents may use the Platform only under the supervision of a parent or legal guardian after such parent or legal guardian has accepted these terms of use. A minor is not allowed to register as a User or purchase or avail any Products or Services or third party-services on the Platform and any such activity must be undertaken only under the supervision and with the consent of a parent or legal guardian.

(b) If you are a minor i.e. under the age of 18 (eighteen) years, you should not register as a User of the Platform nor should you transact on the Platform. As a minor, if you wish to use or transact on the Platform, such use or transaction may be undertaken by your parents or a legal guardian or by you under the supervision of a parent or legal guardian. ManoShala may prescribe additional methods of verifying the consent of parents or legal guardians in case of usage by minors and the Users agree to be bound by the same. ManoShala reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to ManoShala’s notice or if it is discovered that you are under the age of 18 (eighteen) years and have accessed or used or transacted in this Platform without the supervision and consent of a parent or legal guardian.

(c) Membership for Minors: A minor may also utilize the memberships/sessions /book a class or any activity, only with the consent of the parent or legal guardian, subject to the these Terms of Use. The parent or legal guardian of such minors who are authorising and supervising for the use of the Platform on behalf of a minor, agrees to indemnify ManoShala for any and all losses that may be caused to ManoShala from the acts or omissions of the minor and further agrees to undertake or cause to be undertaken all implicit and explicit obligations that would otherwise have formed between ManoShala and the User; and acknowledge that a binding relationship is formed between you and ManoShala in all such matters.

(d) You acknowledge that any and all promises and commitments and benefits herein, whether made conditionally or otherwise by ManoShala or by any third party on the ManoShala Platform, are not intended for any minor, even if any activity with a minor is being undertaken by ManoShala or by any third party on the ManoShala Platform, under the supervision and authorisation or the minor’s parent or guardian; and you agree that the beneficiary of any promise or commitment from ManoShala shall always be deemed to be the parent or local guardian of a minor. In the event of any condition not being met as a result of an act or omission of a minor who is using the Platform under the supervision of a parent or guardian, ManoShala or any third party on the ManoShala Platform shall not be bound to fulfill its part of any contract entered into with you.

How can you use and access this Platform?

(a) You can browse or avail products and services on this Platform as a guest user or by voluntarily creating an account with us by filling and submitting details as requested by ManoShala on the Platform or logging in with your third party website user ID and password including that of www.facebook.com, websites owned by, Google Inc. or its subsidiaries, twitter or any other social media website or any other internet service as may be permitted by ManoShala (“Account”)..

(b) By creating an account with us you can become a member (“Member”) and become entitled to a range of digital content services, i.e., pre-recorded and/or do it yourself audio- video content relating to physical and/or mental fitness, recreation experiences and other ManoShala resources as a User which may not otherwise be accessible by a non-Member. You understand that Membership /individual products and services are non-transferable.

(c) You can use this Platform to purchase or avail Services or Products or subscription based Services or Professional Services that are listed by us and avail of any rewards and membership benefits provided to you.

(d) You can avail digital Services on the basis of pay per session or subscription options available on Platform.

(e) ManoShala reserves right to terminate/disable your account from booking further online sessions on Platform or impose any other cancellation charges in the event You cancel or miss a scheduled Session or violate any terms under this agreement or your agreement with any third party service provider.

(f) in case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of ManoShala or as per the requirements of any governmental order or applicable law, ManoShala has the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be.

What are your responsibilities and obligations under these Terms?

(a) Account and other Information: You agree, confirm and acknowledge that you will be responsible for maintaining the confidentiality and security of Account information and will be fully responsible for all activities that occur under your Account. You agree to (a) immediately notify ManoShala of any unauthorized use of your Account information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. ManoShala cannot and will not be liable for any loss or damage arising from your failure to comply with this term. You may be held liable for losses incurred by ManoShala or any other User due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential. We advise you to change your password frequently and to take extra care in safeguarding your password.

(b) You agree that you shall, at all times, provide ManoShala with true, accurate and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete or ManoShala has a reasonable ground to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, ManoShala reserves the right to indefinitely suspend or terminate or block your use or access to the Platform. You agree not to represent yourself as another person or User or login/ register using the identity of any other person.

(c) You agree to provide correct and accurate financial information, such as e-wallets, UPI, credit/debit card details etc to any approved payment gateway or pre-paid payment instrument provider while availing Services or Products or Professional Services through the Platform. You shall not use an e-wallets/UPI/credit/debit card or pre-paid payment instrument which is not lawfully owned by you without the permission of such owner. You will be solely responsible for the security and confidentiality of your e-wallets/UPI/credit/debit card details or pre-paid instrument account. ManoShala expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your e-wallets/UPI/credit/ debit card or pre-paid instrument account.

(d) Sufficient authority: If you represent and are registering as a business entity, by accepting the User Agreement you covenant that such entity shall have sufficient authority under applicable law to enter into the User Agreement and that you will have been duly authorized by the business entity to accept this User Agreement and bind such business entity to this User Agreement.

(e) Payments on Platform: All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees unless otherwise permitted by ManoShala. The Platform does not facilitate any transaction with respect to any other form of currency with respect to the purchases made on Platform. For the purposes of buying any Products or Services or Professional Services listed on the Platform, you agree not to make payments in any manner other than as provided.

(f) Platform security: You must not violate or attempt to violate the security of this Platform, including, without limitation, by (a) accessing data not intended for you or logging onto a server or an account, which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and "flooding," "spamming," "mail bombing" or "crashing."; (d) sending unsolicited emails, including promotions and/or advertising of products or service.; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ManoShala will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than using the search engine and search agents available on this site and other generally available third party web browsers (e.g., Microsoft Explorer, Google Chrome, Mozilla Firefox).

(g) Prohibited activities: You agree not to engage in any of the prohibited activities mentioned below and agree to indemnify ManoShala for all losses caused as a result of your conduct or that of another using your Account in relation thereto. You agree and undertake not to use the Platform to not host, display, upload, modify, publish, transmit, store, update or share any information that,

i. belongs to another person and to which the user does not have any right;

ii. is defamatory, obscene, pornographic, paedophilic, invasive of anothers privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

iii. is harmful to child;

iv. infringes any patent, trademark, copyright or other proprietary rights;

v. violates any law for the time being in force;

vi. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

vii. impersonates another person;

viii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

ix. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

x. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

What are the terms for pricing and payments on the Platform?

(a) The listed price of the Product or Professional Services is subject to change without notice. The listed price is provided on the Platform on 'as is' basis. By paying the listed price towards Professional Services, you understand that you are paying the Professional a consideration towards the expected Professional Services to be provided to you by the Professional as per its independent contract with you and that the payment shall not create any binding contract between ManoShala and you for the provision of such Professional Services (save for the limited responsibility of providing a refund in the event no Professional Services were provided, as per the reasonable determination of ManoShala in accordance with the terms further specified below). ManoShala is only a listing and booking Platform and you are hereby expressly notified of the same.

(b) Due to technical or other reasons, including typographical errors, there may be errors in the listed price which may be corrected by ManoShala. We have the right to refuse or cancel any orders placed for Professional Services listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card has been charged. If your bank or credit card has already been charged for the purchase and your order is cancelled by Us for any listing errors, we will immediately issue a credit order to your bank or credit card account in the amount of the charge. All listed prices are inclusive of tax unless stated otherwise.

(c) ManoShala may from time to time contract with third party payment service providers such as service providers or banks i.e. in order to a open nodal bank account under applicable Indian laws to facilitate electronic payments by Users on the Platform. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, providers of pre-paid instruments and mobile payment service providers. You specifically authorize ManoShala and third party service providers to collect, process, facilitate and remit payments electronically or through cash on delivery as the case may be.

(d) You further understand, accept and agree that the payment facility provided on the Platform is neither a banking nor financial service provided by ManoShala and is merely an electronic, automated online electronic payment, collection and remittance facility made available to you for undertaking transactions on the Platform using banking infrastructure and credit card payment gateway networks.

(e) You understand that a number of factors that are outside of ManoShala's control (including without limitation, actions of an issuing bank, nodal bank and any credit / debit/ cash card service provider or bank or financial institution infrastructure or payment gateway facility provider or Reserve Bank of India authorised persons providing enabling support facilities for collection and remittance of payments where the transaction price is refunded) may delay the time within which the transaction price is collected by ManoShala or refunded through the payment gateway facility. ManoShala neither makes any representations or warranties regarding the amount of time needed to complete processing, and shall not be liable for any actual or consequential damages arising from any claim of delay.

(f) For making payments while buying the Products on the Platform, the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Platform. ManoShala disclaims any liability in this regard.

(g) ManoShala reserves the right to refuse to process transactions by those with a prior history of questionable charges including without limitation breach of any agreements with ManoShala or breach/violation of any law or any charges imposed by an issuing bank or breach of any policy.

(h) ManoShala may delay notifying payment confirmation if ManoShala deems such payment to be suspicious. ManoShala may hold the transaction price and may remit transaction price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event you are engaged in any form of illegal activity.

(i) The transaction price paid by you will have to be paid to ManoShala in accordance with the rules and regulations prescribed by the Reserve Bank of India from time to time, including in accordance with the Payment and Settlement Systems Act, 2007 and in keeping with the agreements signed with any payment facility providers. Any return of credit shall also be subject to applicable law and you agree not to hold ManoShala liable for any delays caused by third party payment providers.

(j) Auto-replenish: When you choose the Auto-Replenish option, you instruct and authorise ManoShala and its service providers to deduct a certain amount of money at regular intervals as approved by you towards purchase of Products. You agree to automatic deductions being made, in accordance with your instructions and specifications, from the bank account provided by you using the credit card or debit card details provided by you or any other details provided by you as required by ManoShala on the Platform for that purpose. You understand that you have no obligation to continue to use the Auto-Replenish function and can modify your instructions and specifications at any time. ManoShala may provide you with an option to pause the AutoReplenish function and will not debit your account while such function has been paused by you provided that ManoShala will be within its right to suspend or terminate use of the Platform or any Product in such event.

What is the understanding regarding ownership of the Product/Services?

Unless otherwise specifically agreed, the title in the Products/Services and in the intellectual property in the Products/Services shall always stay with ManoShala/third party service provider (as the case may be) and you shall only retain a license to use the Platform and Products to the extent and for the purposes specifically authorised. The license provided to you is nonassignable, non-transferable, non-sub-licensable and non-exclusive in nature and is meant for restricted and limited use. (10) What are the terms of shipping and delivery?

(a) Any Products that are consumed on and through the Platform or delivered electronically shall be deemed to have been delivered upon access to the Products being provided on the Platform or through electronic means or electronic delivery of the Product by ManoShala to the User.

(b) You consent to the dispatch of Products purchased or availed by you through professional third party service providers engaged by ManoShala and/or by electronic means. There may be various delivery models for delivery of Products to you, and you agree to allow ManoShala to choose the same at its discretion depending on the circumstances of delivery, including the location for delivery and availability of service providers.

(c) You understand that any loss caused to you during delivery of the Product by a third party service provider may have to be reclaimed by you from the third party service provider as per applicable law.

(d) Before shipping / delivering your order to you, you may have to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. . Delivery of all orders will be to electronic or registered address of the buyer as per the credit/debit card only at all times (unless otherwise specified at the time of Order).

(e) User's e-mail address, shipping address, pin code will be verified with the database of the Platform before a User proceeds to make a payment. In the event User's order is not serviceable by logistic service providers or the delivery address is not located in an area that is covered under the order confirmation form, User may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by ManoShala.

(f) Please note that there is no guaranteed dispatch time and any information about the dispatch time on this Platform is only an estimate and should not be relied upon as such. Time is not the essence of this contract between you and ManoShala in relation to sale of the Product on the Platform. In the event of delay by ManoShala in handing over the Product to a delivery provider beyond 10 (ten) days from purchase of the Product on the Platform, ManoShala will provide you with an option of claiming a refund.

(g) You shall be bound to take delivery of the Products purchased or availed by you which are in a deliverable state. Where you neglect or refuse to accept the delivery of the Products ordered by you, you will be liable to ManoShala for any loss caused to ManoShala due to such nonacceptance.

(h) In the event of non-delivery of a Product 15 (fifteen) days after you have been charged for a Product you purchased or availed, ManoShala will follow up with the electronic intermediary (if any) or delivery service provider and try and re-route the Product to you.

(i) You agree that the delivery of the Products can be made to any person who is present at the shipping address provided by you or to such person who may have access to your electronic mail.

(j) You acknowledge that ManoShala is not responsible for any non-delivery or damage or defect in the Product caused during delivery.

 

What is the cancellation policy for products/services purchased or availed by you?

(a) Cancellation by ManoShala: There may be certain orders for Products/Services/Professional Services that ManoShala/third party Professional is unable to accept and ManoShala/third party Professional reserves the right to not accept or cancel any orders that have been accepted. ManoShala reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in User's order being cancelled include, without limitation, non-availability of the Product/Service/Professional Service or or inaccuracies or errors in pricing information. ManoShala may also require additional verifications or information before processing any order, which the User shall have to provide for the order to be processed. All such cancellations shall be without any recourse to User and without any liability to ManoShala. If User's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to you either to the bank account provided by you for such reversal, or to the payment instrument from which payment was made, or to any pre-paid payment instrument account of yours. ManoShala shall have the sole discretion to determine the mode of reversal.

(b) Cancellation by you: User can cancel order for Professional Services provided all previous outstanding payments are settled, if applicable. Similarly, User may cancel his/her registration with us at anytime, provided all previous outstanding payment are settled. Upon cancellation of the order, there may still be some information saved on our server regarding the user, which shall be retained by us to the extent required by applicable law.

What is the replacement and refund policy of ManoShala?

(a) User may raise a refund or replacement request for any Products/Services/Professional Services by contacting ManoShala or in the manner provided on the Platform along with a photograph of the product and invoice and a written description of the complaint with the subject Attn: “Refund”. User will have to raise the replacement request within 3 (three) days of delivery of the Product or within 3(three) days of such date as to when Service/Professional Services were to be provided.

(b) Once the request has been raised, an intimation shall be provided by ManoShala either "approving" or "rejecting" the request. Users should note that ManoShala shall not be responsible for processing a refund where a dispute is raised between you and the Professional as regards provision of services. ManoShala shall not be responsible for providing any refund for any deficiency in quality of service provided by a Professional. ManoShala shall approve a refund only if it arrives at the reasonable determination that Professional Services have not been provided altogether, as per the terms of the booking on this Platform.

(c) You agree that refunds and replacements shall not be provided by ManoShala if (a) Product/Services/Professional Services were refused by you or the recipient at after confirmation by ManoShala (as applicable) (f) Service/Professional Service has been provided and the same has been utilised by you.

(d) In the event ManoShala agrees to a refund, the value of such Product/Service/Professional Service, as originally paid by you, such amount will be refunded to you either to the bank account provided by you for such refund, or to the payment instrument from which payment was made, or to any pre-paid payment instrument account of yours or in any other manner permitted by applicable law. ManoShala shall have the sole discretion to determine the mode of reversal.

(e) You agree that ManoShala is only a booking platform for Professional Services and cannot be held responsible for a service dispute between you and the Professional. Recovery of any refund, unless processed by ManoShala hereunder, shall have to be sought directly from the concerned Professional.

What are the membership benefits of ManoShala?

(a) ManoShala may provide membership benefits to Users who register with us from time to time. These may include invitations to offer or invitations to participate in certain events and experiences curated by ManoShala or by third parties with whom ManoShala has arrangements.

(b) You agree that any invitation to an event or experience or into a programme may be subjected to additional conditions as per the discretion of ManoShala and is made at the sole discretion of ManoShala and upon the terms specified by ManoShala; and that ManoShala reserves the right to cancel such invitations at its discretion. You further acknowledge that ManoShala is not an organizer or an event management company and does not give warranties that such events and experiences will meet any standards or expectations, unless otherwise specified as part of Services being provided by ManoShala to you for agreed consideration.

(c) Any membership benefits promised by ManoShala to a User shall be provided on an “as is” basis and you agree to a limitation on the liability of ManoShala.

(d) In case you are not satisfied with an event or an experience to which you have been invited or are unable to participate, ManoShala will make best efforts to address your complaint or request for accommodation for a future event. You agree, however, not to pursue any claims in relation to these matters against ManoShala before any authority and hereby expressly waive any rights in this regard to the extent permitted by applicable law.

(e) ManoShala is a platform that enables Users to connect with Professionals. The role of platform is limited to facilitating the Professional Services in the capacity of a listing and booking Platform while the Professional Services are the responsibility of the Professionals who provide them.

(f) ManoShala does not promise any outcome based on counselling and therapy or any other Professional Service. ManoShala does not guarantee the availability of the Professional over any period of time. In any event a Professional stops using the Platform at any time after you have paid for a Professional Service, ManoShala will notify you via email that such concerned Professional is no longer on the Platform and shall provide you an opportunity to require a replacement in the form of another similar Professional on the Platform of your choice. You may chose not to accept a replacement and in such evet, ManoShala shall refund any amounts paid by you towards unutilised Professional Services.

(g) During the course of the engagement, Professional might determine that online counselling services are not appropriate for you, or all of your treatment needs and accordingly elect to not to provide or continue to provide online Professional Services to you.
 

What is the agreement between ManoShala and you in relation to intellectual property
rights?

(a) You acknowledge and agree that ManoShala and any of its licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Platform and Products, and our websites, emails, mobile sites, applications, other Products and/or Services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms. You further acknowledge and agree that we retain ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in under these Terms.

(b) We have invested substantial time and effort into developing the Platform and Products and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Platform. You agree that any infringement of these restrictions will cause us irreparable loss. ManoShala name and logos are trademarks and service marks of ManoShala (the “ManoShala Trademarks”). Any other company, product, and service names and logos used and displayed via the Platform or in any of our Products may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ManoShala. Nothing in these Terms should be construed as granting, by implication or otherwise, any license or right to use any of ManoShala Trademarks displayed on the Platform, without ManoShala’ prior written permission in each instance.

(c) Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content or intellectual property that are owned by ManoShala or licensed to ManoShala for use and available on or through the Platform, including in any Products.

(d) The technology underlying the Platform and Products and the entire contents of the Platform and Products including, but not limited to, text, graphics, images, audio-video clips, digital downloads, data compilation or code is either the property of ManoShala LLP or is licensed for use of ManoShala LLP. You are prohibited by law from copying or using, without express permission, any copyright or other right in such work.
 

What are the disclaimers, limitations on liability and exclusions of warranties of ManoShala in relation to the Platform, Products, Professional Services and Services under these Terms?

(a) ManoShala does not list Professionals for Users with any with any medical or psychiatric requirements or in need of assistance for psychological emergencies. In case of any medical or psychological health emergency or when an individual is experiencing any immediate selfharming thoughts or is showing symptoms of severe clinical disorders such as schizopherenia and other psychotic conditions, We advise you to consider in-person medical intervention at the nearest hospital or emergency room where you can connect with a psychiatrist or social worker, counselor or therapist.

(b) You expressly understand and agree that ManoShala, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

- Any Act, omission, opinion advise, response, suggestion, information and/or service of any Professional and/or any other content or information accessible through the Platform;

- the accuracy or completeness of the Product or Services or the Platform's content;

- Any typographical errors, inaccuracies of the information on the Platform;

- Any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform or Services or Products or Professional Services;

- any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;

- any interruption in or cessation of transmission to or from the Platform;

- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party;

- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Platform.

(c) Your sole and exclusive remedy for any dispute regarding the Platform and Products or Services or Professional Services, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Product or Service, whether direct or indirect, exceed the amount paid by you to purchase the same.

(d) You agree to purchase or avail Products and Services and Professional Services at your own risk and to not rely on the accuracy of the descriptions of Services and Products and Professional Services for gauging their usefulness to you. ManoShala disclaims any warranty or guarantees as to the quality of any Professional Services, information or other products purchased or obtained by you through the Platform.

(e) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND ANY PRODUCTS/SERVICES/PROFESSIONAL SERVICES IS ENTIRELY AT YOUR OWN RISK AND THE PLATFORM AND ANY PRODUCTS OR SERVICES OR PROFESSIONAL SERVICES ARE OFFERED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

(f) For abundant clarity, where ManoShala is not the originator of any services provided by a third party and purchased or availed by you through the Platform. ManoShala disclaims any liability for any such Product defects or shortcomings caused including those caused due to fraud, negligence or mistakes made by the third party. ManoShala’s aggregate liability with respect to this agreement and any and all use of the Platform in any circumstance is limited to the transaction price, if any, paid by the User to for such services. (g) ManoShala may provide you with the access to third party tools for facilitation of Professional Services which are not in control or monitored or secured by us. Access to such tools on an “as is” and “as available” basis without any warranties, representation or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third- party tools, including any liability for loss of confidentiality or data as a result of your use of the tools You agree that you are fully aware that the technology platforms used for Professional Services may not be secure and you agree to not hold ManoShala responsible for any losses caused to you as a result of any deficiency in the services provided by such service providers. You further acknowledge that any confidential information shared between you and a Professional is not provided to or accessible by ManoShala or its representatives and it is not the obligation of ManoShala to preserve or protect such information shared between you and the Professional, including when shared via any third party communication platform.

(h) We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You agree that ManoShala shall not be held responsible for failure on the part of any Professional to provide Professional Services as per any regulations if applicable to and binding upon such Professional. ManoShala does not guarantee that any representations provided to ManoShala by the Professional are valid and any listing by ManoShala is subject only to a limited review by ManoShala of certifications of practice as represented and provided by the Professional. Without prejudice to this limitation of liability, ManoShala will endeavour to list only those Professionals who are permitted to practice under any applicable law and in the event of being informed of any fraud or malpractice or misrepresentation by such Professional, ManoShala may, at its sole discretion, de-list such a Professional from its Platform.[Kochhar&Co Note: ManoShala to confirm this language]

(i) You understand that any marketing or promotion or description of any Product or Service by ManoShala is only representative. You agree that the listing Services on the Platform are by no means an inducement by ManoShala or a marketing or advertisement of any Professional and you take full responsibility for your choice of Professional and Professional Services for your needs.

(j) This limitation of liability shall survive the termination or expiration of this Agreement. (16) What indemnities are you agreeing to under the Terms? The User agrees to indemnify and hold harmless ManoShala, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access (or in the case of a parent or legal guardian, a minor’s access) to or use of the Platform or Product, violation of this Agreement, or infringement of his/her/its Account, or of any intellectual property or ManoShala’s Products or Services. ManoShala will notify the User promptly of any third party claim, loss, liability, or demand, and in addition to the foregoing obligations, the User agrees to indemnify ManoShala at his/her/its expense for defending such third party claims.

What are the rules regarding suspension and termination of your account with us?

(a) You may terminate this Agreement by not accessing the Platform or Product or Services but no termination hereunder shall affect obligations incurred by you as a User or purchaser under this Agreement.

(b) ManoShala may suspend or terminate your account in the event you are using the Professional Services or accessing ManoShala’s digital resources for reasons other than your own personal use or on behalf of any other person or organization without their consent.

(c) Without limiting other remedies that ManoShala may pursue, ManoShala may at its sole discretion, take such action as it deems fit including but not limited to cancellation of the transaction or payments made, limit User activity, immediately remove User information, forthwith temporarily/indefinitely suspend or terminate or block a User, and/or refuse to provide a User with access to the Platform or Product or Services or initiate any legal action as it may deem fit.

(d) In the event you have breached any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated by reference or where ManoShala is unable to verify or authenticate any information provided by you; or ManoShala believes that your actions may cause legal liability to ManoShala, We may terminate your registration. Termination of your account may include:

(i) removal of access to all offerings within the Platform or Products or Services or with respect to the Services;

(ii) disabling access to the account information, including your personal information, log-in ID and password, and all related information, files and materials associated with your account (or any part thereof); and

(iii) prohibiting further use of the Platform or Product or Services.

(e) Additionally, ManoShala may have to, with or without notice, terminate your registration in the following events:

i. ManoShala is required to do so by law (for example, where the provision of the services to you become unlawful), or upon request by any law enforcement or other government agencies;

ii. The provision of the Products or Services or Professional Services to you by ManoShala is, in ManoShala's opinion, no longer commercially viable;

iii. ManoShala has elected to discontinue, with or without reason, access to the Platform or its Products or Services (or any part thereof); or iv. In the event ManoShala faces any unexpected technical issues or problems that prevent the Platform and / or Professional Services from working.

(f) No actions, omissions or decisions taken by ManoShala shall waive any rights or claims that ManoShala may have against the User. A User who has been suspended or blocked may not register or attempt to register with ManoShala or use the Platform or Products or Services in any manner whatsoever until such time that such User is reinstated by ManoShala at the sole option of ManoShala.

(g) Notwithstanding the above, if the User Agreement or the rules and policies and other documents incorporated therein by reference are breached, ManoShala reserves the right to recover any amounts due and owed to ManoShala and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

(18) How can you communicate with us?

(a) When you use the Platform or Product or Services to send emails or share other data, information or communication or when you communicate with ManoShala, you agree and understand that you are communicating with such persons through electronic records and you consent to receive communications via electronic records..

(b) ManoShala may communicate with you by email or by notices on Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

(c) You may communicate with ManoShala by sending an email to community@manoshala.com

If you have a grievance, whom should you approach?

(a) In case of any grievance, objection or complaint on your part with respect to the Platform or Product or other Users or any Services, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use services, or violation of these terms or of your intellectual property or in relation to published content, you should promptly raise such grievance or complaint with the designated Grievance Officer and provide him with necessary information and/or documents.

(b) ManoShala will make the best effort to resolve your grievance and will take adequate action consistent with this Agreement and applicable laws, including taking down any material which is objectionable or harmful for Users. However, you agree that ManoShala shall not be responsible for addressing any grievance related to the quality of Professional Services or the conduct of any Professional, which shall have to be addressed by the Professional. Upon receiving a complaint, ManoShala may provide you with the official contact email for such a Professional in order for you to make a formal grievance to such Professional in relation to the Professional Services

(c) The name and contact details of the Grievance Officer is published on the Platform as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.

Miss. Tamanna Rajpal

Email: community@manoshala.com

Phone: +91-9044429962

Time: Mon to Fri (9:00 am to 6:00 pm)

What is the consent policy and privacy policy about?

(a) By using the Platform or Products or Services and/or by providing your information, you consent to the collection and use of such information disclosed by you on the Platform or through any Products or Services. The personal information / data including but not limited to the information provided by you to ManoShala shall be treated in accordance with the Privacy Policy which is incorporated herein by reference and in accordance with applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules thereunder.

(b) We reserve the right to add, modify or remove terms from this Agreement at any point in time with no prior notice. However, ManoShala shall inform users regarding the change of these Terms if required by applicable law. Responsibility to review the Agreement from time to time lies with the User. Continuation of the use of the Platform after revision of the Agreement will be deemed to be an acceptance of the revised terms.

(c) Information about our security and privacy practices can be found on our Privacy Policies available at manoshala.com/privacy-policy (“The Privacy Policy”).

How can you give us feedback?

You may use any feedback and review mechanism provided by ManoShala to communicate your fair opinion and facts in respect of the Platform or your experience whilst using the Product known to you from first-hand experience only (or in case you are the legal guardian or parent of a minor, through any experiences of the minor). You shall not include any other hearsay information, or information that results in maligning ManoShala, any other User or third party in your feedback.

What is your relationship with ManoShala under these Terms?

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between the User and ManoShala and you shall have no authority to bind ManoShala in any manner whatsoever.

Which law governs these terms? What happens in the event of a dispute?

(a) These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Farrukhabad shall have exclusive jurisdiction over all matters and disputes arising out of and relating to the business or Platform or Products or Services.

(b) If any dispute arises between you and ManoShala during your use of the Platform or Products or Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents incorporated by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party chosen mutually by the User and ManoShala. The place of arbitration shall be Farrukhabad and the Arbitration and Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

Please read the following terms carefully:

(a) ManoShala shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.

(b) Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a User will survive the expiration or termination of this Agreement.

(c) If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.

(d) This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and ManoShala with respect to the subject matter herein.

(e) All remedies of ManoShala under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

(f) If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. ManoShala may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.