By downloading, browsing, accessing or using this mobile application (“Aawaz”), you agree to be legally bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
The information provided in the app is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
In these Terms and Conditions of Use, the following terms shall have the following meanings, except where the context otherwise requires:
“App”, “Application”, “Services”, means all the services provided by Ergos Mind via the Mobile Application to Users, and “Service” means any one of them;
“Counsellor(s)”, “Mental Health Professional(s)”, “Expert(s)”, “Psychologist(s)”, “Therapist(s)” refers to the trained & qualified psychologists & counsellors on our team or contracted by us;
“Account” means an account created by a User on the Mobile Application as part of Registration.
“Merchant” or “Third Party Vendor(s)” or “Vendor(s)” refers to any entity whose products or Samples can be purchased and/or redeemed (as the case may be) via the Mobile Application.
“Register” means to create an Account on the Mobile Application and “Registration” means the act of creating such an Account.
“Users” means users of the Mobile Application, including you and “User” means any one of them.
“We”, “Us” and “Our”, refer to our Company, Ergos Mind OPC PVT LTD.
3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES
3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application are subject to these Terms and Conditions of Use.
3.2 Scope: The Mobile Application, the Services and any Redemptions are for your non-commercial, personal use only and must not be used for business purposes. No part of our services or content may be copied, reproduced, aggregated, republished, uploaded, publicly displayed, encoded, translated, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written consent.
3.3 Prevention on use: We reserve the right to prevent you using the Mobile Application and the Service (or any part of them).
3.4 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or any of the Services. To use the Mobile Application or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider“) will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.5 Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device and it’s network connection services being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application.
3.6 Minors: If you are a minor in the jurisdiction you reside, you require the consent of your parent or guardian to use this service.
4. YOUR OBLIGATIONS
4.1 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
4.2 Diagnosis: Materials contained within this application is not intended for, and is no replacement to a diagnosis by a certified mental health professional. The material should only be entertained for the sole purpose of education
4.3 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:-
- Systematically retrieve data or other content from the app to a compile database or directory without written permission from us
- Make any unauthorized use of the app, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
- Use a buying agent or purchasing agent to make purchases on the app
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
- Interfere with, disrupt, or create an undue burden on the app or the networks and services connected to the app
- Attempt to impersonate another user or person, or use the username of another user
- Use any information obtained from the app in order to harass, abuse, or harm another person
- Use the app or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the app
- Attempt to access any portions of the app that you are restricted from accessing
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
- Delete the copyright or other proprietary rights notice from any of the content
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the App, or any material that acts as a passive or active information collection or transmission mechanism
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App
- Use the App in a manner inconsistent with any applicable laws or regulations
- To send or receive any material which is not civil or tasteful
- To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- To send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- To cause annoyance and/or inconvenience
- For a purpose other than which we have designed them or intended them to be used;
- For any fraudulent purpose;
- Other than in conformance with accepted Internet practices and practices of any connected networks;
- In any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity
- Resell any products or Samples ;
- Furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers or any mean of online transactions;
- Attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
- Execute any form of network monitoring which will intercept data not intended for you;
- Enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
- Extract data from or hack into the Mobile Application;
- Use the Services or Mobile Application in breach of these Terms and Conditions of Use;
- Engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or
- Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services.
- Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time
- Use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the app
5. RULES ABOUT THE USE OF THE SERVICE AND THE MOBILE APPLICATION
5.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions.
5.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.
5.3 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
5.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.
5.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
5.6 The app may contain links to websites, content and services by vendors or third-parties. We do not have any influence or control over any such third party websites, content or services or the operator. We are not responsible for the availability for their content. We also accept no responsibility for advertisements contained within those websites. If you agree to purchase goods/services from any third party who advertises on such a site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
6. SUSPENSION AND TERMINATION
6.1 If you use (or anyone other than you, with your permission) uses the Mobile Application, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application.
6.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
6.3 Ergos Mind shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
6.4 Without limitation to anything else in this Clause 6, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if:
6.4.1 you commit any breach of these Terms and Conditions of Use;
6.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
6.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
6.5 Our rights under this Clause 6 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
7. DISCLAIMER AND EXCLUSION OF LIABILITY
7.1 The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
7.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
7.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any unforeseen circumstances, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
7.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
7.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
7.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
7.7 The above exclusions and limitations apply only to the extent permitted by law.
None of your statutory rights as a consumer that cannot be excluded or limited are affected.
7.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, password and/or any identifier number allocated by Ergos Mind, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 All text, audio, & visual content, including but not limited to information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers or client organizations, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers & client organizations, as the case may be.
9.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
9.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. We also cannot guarantee whether our vendors or client organizations would be willing to do the same. All rights not expressly granted herein are reserved.
10.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
10.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
11. APPLICABLE LAW AND JURISDICTION
11.1 The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of the Republic of India, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.
11.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Republic of India in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.