These terms of service (“Terms of Service”) shall apply to all the Practitioners (as defined below) who use or access the Platform owned, operated, and managed by us i.e., Brandorate Ventures Private Limited, a company incorporated in India under the Companies Act, 2013, and having its registered office at [Petlad, Nadiad, Anand, Gujarat – 388 450] (“Vinyasa Health”).
For purposes of these terms of service, “you” and “your” means you as a “Practitioner,” which includes licensed mental health care professionals such as psychologists, therapists, life coaches, or similar practitioners, and their representatives, using or accessing the Platform, (collectively referred to as “Practitioner(s)”). “We”, “us” or “our” refer to “Vinyasa Health” (as defined below) or its subsidiaries, parent or group entities, or affiliates as deemed so by Vinyasa Health.
In addition to our Terms of Use and our Privacy Policy (available at: [●]<<<<Insert Link>>>>), these Terms of Service sets out the additional terms and conditions agreed between Vinyasa Health and you, the Practitioner, regarding your access, use, of the Platform, availing of our Services, and your provision of services to your end-clients or patients (referred to as the “Patients(s)”) by using our Platform and Services.
By accessing or using the Platform or availing our Services, you are agreeing to comply with and be bound by these Terms of Service (as amended from time to time), which read together with our Privacy Policy (available at: [●]<<<<Insert Link>>>>) and Terms of Use (collectively, “Platform Policies”) and incorporated here by reference shall govern Vinyasa Health’s relationship with you in relation to your usage of the Platform and availing of our Services.
Please read these Terms of Service carefully before accessing or using the Platform or availing our Services. Your continued use of the Platform or our Services constitutes your acceptance of these Terms of Service, or any changes made by us from time to time.
You should not use the Platform or avail our Services if you do not agree with these Terms of Service, the other Platform Policies, or any other agreement that governs your use of the Platform or the Services. If you do not agree to these Terms of Service, you are not authorized to use or access the Platform or avail our Services.
You may use the Platform or avail our Services only if you are a licensed Practitioner in your jurisdiction and can form a legally binding contract with us, and only in compliance with these Terms of Service, other Platform Policies, and all applicable local, state, national and international laws, rules, and regulations. The Service is not available to you if you have previously been removed from the Platform or Service by us.
1. GENERAL TERMS
(a) Vinyasa Health only provides limited administrative and technology support to licensed Practitioners registered on the Platform and are availing the Services.
(b) Vinyasa Health does not provide medical, therapeutic, or any other professional or clinical advice directly or indirectly to any Patients or Practitioners. Our Platform and Services Platform are intended solely to facilitate the Practitioner’s independent provision of services directly to their Patients.
(c) You are solely responsible for your professional decisions, actions, and advice offered to Patients by using the Platform or availing our Services. The information or tools provided on the Platform are for general support purposes only and should not be considered as guidance for diagnosis, treatment, or any clinical decision-making. You are expected to rely on your own expertise and professional judgment in the delivery of services to your Patients.
2. ELIGIBILITY TO USE THE PLATFORM OR AVAIL SERVICES
Your eligibility to use or access our Platform or avail our Services shall be determined as per the eligibility terms set out in the Terms of Use.
3. ACCOUNT REGISTRATION
Please refer to the account registration terms set out in the Terms of Use.
4. RESPONSIBILITIES, REPRESENTATIONS, AND COVENANTS
In addition to the General Terms of Usage and Restrictions on Use provided under the Terms of Use, the Practitioners’ use of the Platform and Services are subject to the following specific terms, representations, and covenants:
(a) You affirm that you are a licensed professional duly registered under applicable laws, and you possess the necessary education, training, and professional competence to deliver quality mental health services through digital platforms or otherwise.
(b) You shall follow all applicable laws, guidelines, regulations, rules, code of conduct, and professional standards governing your practice or profession, including but not limited to the applicable mental health regulations, telemedicine guidelines, and other legal or ethical obligations relevant to mental health services (virtual or otherwise) in your jurisdiction.
(c) You shall provide services strictly in accordance with the applicable professional standards and ethics, prioritizing the well-being and safety of Patients at all times.
(d) You shall maintain all the certifications and licenses required to practice your profession and continuously update your professional skills to align with the evolving standards of telehealth mental health practice.
(e) You shall treat all Patients with the same care and professionalism as they would in a physical consultation setting, in compliance with all applicable laws and standards.
(f) You shall not misrepresent your qualifications, services, or engage in any deceptive or unethical practices.
(g) You are fully responsible for all the clinical aspects of Patient care, ensuring that all therapies, consultations, and advice provided by you are in the best interests of the Patient.
(h) You shall comply with all applicable laws, regulations, guidelines, reasonable security standards, and policies, including the Digital Personal Data Protection Act, 2023, and the Platform Policies, to ensure the confidentiality, security, and proper use of Patient data.
(i) You shall promptly report any potential security vulnerabilities or breaches that could compromise the integrity of Patient communications or data.
(j) You are solely responsible for compliance with all applicable laws regarding monitoring, recording, and wiretapping of conversations. You shall ensure to appropriately notify or advise all participants in a recorded conversation that the conversation is being recorded and obtain their consent, as required by applicable law.
(k) For any reason, if your professional registration, certification, or license to practice is suspended, revoked, or materially altered in any jurisdiction, you shall notify Vinyasa Health immediately in writing and cease providing services until the same is fully restored as per applicable law.
5. PAYMENT AND SUBSCRIPTION TERMS
(a) Vinyasa Health may offer certain services free of charge, while others may require payment. By opting for paid services, you agree to the payment terms and pricing provided through the Service, which may be updated periodically. We reserve the right to introduce new services or adjust existing charges at our sole discretion.
(b) In order to avail, access, or use the Platform and/ or purchase the paid Services, you undertake to furnish valid bank details or other details required for facilitating payment towards the Services (“Payment Details”) to Vinyasa Health’s payment processor to charge you for the service, including applicable taxes, on a recurring basis until you cancel your subscription. Charges will be based on the billing cycle tied to your subscription plan. Fees are non-refundable, except as outlined in these terms.
(c) Your subscription is continuous until you cancel it or your subscription to the Services or the Platform is suspended, discontinued, or terminated in accordance with these Terms of Service and other Platform Policies.
(d) Subscription fees will automatically renew at the end of each term unless you cancel before the renewal date. By subscribing, you authorize Vinyasa Health to charge you for the renewal, including any applicable taxes or additional fees.
(e) You acknowledge and agree that the amount billed may vary due to promotional offers, changes in the subscription and changes in applicable taxes, and you authorise Vinyasa Health to charge your Payment Method for the updated amounts.
(f) You may cancel your subscription at any time by accessing your account settings or contacting customer support. Cancellations must be made at least [7 days] before the next billing cycle to avoid additional charges. You will continue to have access to the service until the end of the current billing period, and no refunds will be provided for unused time or paid fees, except where required by law.
(g) The information relating to the accepted payment methods on the Platform shall be displayed during the purchasing process.
(h) To the extent permitted by applicable law and subject to the Privacy Policy, you acknowledge and agree that Vinyasa Health or certain third-party service providers, including payment gateways, may process payments and manage payment card information.
(i) By providing the Payment Details, you represent, warrant, and covenant that: (a) you are legally authorized to provide such Payment Details; (b) you are legally authorized to make payments using such Payment Details; (c) such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law; (d) you are solely responsible for the transactions / payments made for the Services availed by you; and (e) You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform. Vinyasa Health may at its sole discretion provide you with an option to add, delete, and edit the Payment Details that you have provided through the Platform.
(j) Except to the extent otherwise required by applicable law, Vinyasa Health is not liable for any payments authorized through the Platform using your Payment Details. Particularly, Vinyasa Health is not liable to you for any payments that cannot be completed if your: (a) bank account or any other payment wallet does not contain sufficient funds to complete the transaction; (b) have not provided with correct Payment Details; (c) payment card has expired. Additionally, Vinyasa Health shall not be liable for such failed payments if the circumstances are beyond Vinyasa Health’s reasonable control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) which prevent the execution of the transaction.
(k) Vinyasa Health shall not be responsible for any unauthorised transactions conducted on the Platform using your Payment Details and shall not be obligated to refund any money to you in such instances.
(l) Vinyasa Health shall also have no obligation, responsibility, or liability to verify any transactions authorised by you.
(m) The payment facility provided by Vinyasa Health, or third-party service provider is neither a banking nor a financial service but is merely a facility providing an electronic, automated online electronic payment system, and receiving payment on delivery for the transactions on the Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable. For some payment methods, your issuer may charge you certain fees, such as transaction fees or other fees, relating to the processing of your transaction.
(n) Payments are processed through a third-party processor, and Vinyasa Health is not responsible for any payment security issues or breaches by the payment processor. By using the Service, you agree to the payment processor’s terms and privacy policies. You are responsible for ensuring that your payment details are accurate and up to date.
(o) Vinyasa Health may offer promotional discounts or special pricing, with eligibility criteria defined at our discretion. Terms for these offers will be provided during signup or at such time offers are available. We reserve the right to modify or revoke promotional offers at any time.
(p) Failure to make payments may result in the suspension or termination of your account. You agree to promptly settle any overdue amounts, including additional fees incurred due to delayed payments.
(q) You will pay all charges incurred by you at the posted prices, including all applicable taxes, if any. You will not allow anyone else to use your subscription or access your account. You will not transfer your subscription or password to anyone else and will report to us any unauthorized or prohibited access or use of your subscription or password.
(r) If any of your account, order, or Payment Method information changes, you agree to promptly update this information, so that we or Payment Processor may complete your transactions and contact you as needed. We are not liable for any unauthorized use of your credit card, debit card, or other Payment Method by a third-party in connection with your use of the Service or your subscription.
6. TERM AND TERMINATION
These Terms of Service shall remain in effect until terminated by Vinyasa Health in accordance with this clause or any other termination provisions provided under the Terms of Use. Vinyasa Health reserves the right, at its sole discretion, to terminate these Terms of Service at any time by providing written notice to the Practitioner, including but not limited to situations where the information provided by the Practitioner is untrue, inaccurate, unauthorized, not current, or incomplete (or has become untrue, inaccurate, not current, or incomplete). In cases of a material breach or default by the Practitioner, Vinyasa Health may, at its discretion, provide a thirty (30) calendar day period to remedy the breach, as specified in the written notice. If the breach is not remedied within the specified period, Vinyasa Health may terminate these Terms of Service without further notice.
7. CONFIDENTIALITY
The Practitioner agrees that any information shared by Vinyasa Health, for any reason, shall remain confidential. The Practitioner shall not disclose, use, or share such information for any purpose other than as expressly permitted by Vinyasa Health.
8. CONTENT OWNERSHIP AND PROPRIETARY RIGHTS
The ownership of content and proprietary rights of the Practitioner shall be governed by the terms and conditions set forth in the Terms of Use. All rights, titles, and interests in the content you provide and the Service, including any intellectual property, are subject to these terms and conditions.
9. PRIVACY
We may collect your personal information while offering our Services to you or your use or access of the Platform. For more information regarding Vinyasa Health’s data protection practices, please read our Privacy Policy (available at [●]<<<<Insert Link>>>>).
10. SECURITY
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. INDEMNITY
Without prejudice to any other rights contained under these Terms of Service, the Practitioner hereby agrees and undertakes to defend, fully indemnify, keep indemnified, save, and hold harmless, Vinyasa Health, its officers, directors, shareholders, employees, affiliates, agents, and authorized representatives (collectively, “Indemnified Parties“) from and against all losses, claims, damages, costs, interest thereon or expenses of any kind, including reasonable attorney’s fees, incurred, sustained by or caused to the Indemnified Parties on account of any breach by the Practitioner of the obligations, or any terms or conditions stipulated under these Terms of Service.
12. LIMITATION OF LIABILITY
(a) Vinyasa Health shall not in any manner be liable to you for any failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services or the Platform by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.
(b) You agree and acknowledge that the Services are being provided to you on ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using, or uploading information on the Platform.
(c) Vinyasa Health may allow you access to content, products, or Services offered by third parties through hyperlinks (in the form of word links, banners, channels, or otherwise), API or otherwise to such third parties’ websites. You are cautioned to read such third-party terms and conditions and/or privacy policies before using the Platform for such content, products, or services that you may avail. You acknowledge that Vinyasa Health has no control over such third parties’ websites and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
(d) Vinyasa Health shall neither be liable nor responsible for any actions or inactions of any User, nor any breach of conditions, representations or warranties of the products or Services and hereby expressly disclaims any and all responsibility and liability in that regard. Vinyasa Health shall not have any obligation to mediate or resolve any dispute or disagreement that may arise amongst Users.
(e) To the maximum extent permitted by law, Vinyasa Health makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the Platform; Vinyasa Health does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or Services offered or displayed on the Platform does not violate any third party rights; and Vinyasa Health makes no representations or warranties of any kind concerning any product or Service offered or displayed on the Platform, including any claims about your earning potential from using our products and Services.
(f) Under no circumstances shall Vinyasa Health be liable for any consequential, incidental, special, exemplary, or punitive damages, including but not limited to any lost profits that result from any Services availed, even if Vinyasa Health has been advised of the possibility of such damages.
13. RELEASE
You hereby forever and fully release Vinyasa Health from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including any other User) in connection with the Service or the Platform.
14. NO ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, shall not be transferred, or assigned by you, but may be assigned by Vinyasa Health without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
15. RELATIONSHIP
Vinyasa Health and the Practitioner are independent contracting parties operating on a principal-to-principal basis and shall have no power or authority to assume or create any obligation or responsibility on behalf of each other. These Terms of Service shall not be construed to create or imply any partnership, agency, joint venture, or employer-employee relationship between Vinyasa Health and the Practitioner. The Practitioner shall not be deemed to have any right or authority to assume any responsibility or obligation, express or implied, for or on behalf of Vinyasa Health or to bind Vinyasa Health in any manner whatsoever.
16. NON-WAIVER
No delay, failure, or omission on the part of Vinyasa Health to exercise any of its powers, rights or remedies under these Terms of Service will operate as a waiver of them nor will any single or partial exercise of any such powers, rights, or remedies preclude any further exercise of them.
17. SEVERABILITY
If any provision of these Terms of Service is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision of these Terms of Service shall be replaced with a provision which is valid and enforceable and most nearly reflects the original intent of the invalid or unenforceable provision. In addition, in case any provision of these Terms of Service is determined to be enforceable by law only under a reasonable alternate construction or interpretation, then said provision/s shall be deemed to be construed according to such alternate construction or interpretation.
18. GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by the laws of India. The competent courts at [Gujarat, India] shall have the exclusive jurisdiction over all disputes or claims between Parties arising under these Terms of Service.
19. DISPUTES
Any disputes arising out of or in connection with these Terms of Service shall be governed by the dispute resolution provisions outlined in the Terms of Use.
20. OTHER REMEDIES
The Practitioner acknowledges that a breach of any of the provisions contained in these Terms of Service (including the other Platform Policies) may result in irreparable and continuing harm to Vinyasa Health for which there will be no adequate remedy at law and that Vinyasa Health shall be entitled to seek injunctive relief restraining any breach or threatened breach, and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate) in addition to, and without affecting any other right or remedy available to Vinyasa Health. These remedies are cumulative and in addition to any other rights and remedies that Vinyasa Health may have at law or in equity including but not limited to the right to claim damages.
21. NOTICES
All notices, demands and communications under these Terms of Service shall be governed by the notice provisions outlined in the Terms of Use.
Please contact us at [support@vinyasahealth.com] with any questions regarding these Terms of Service.
22. CHANGES TO THE TERMS OF SERVICE
Vinyasa Health reserves the right to modify, amend, alter, or update these Terms of Service for Practitioners at any time, at its sole discretion, in accordance with the Changes to the Services provisions of Terms of Use.
Date Last Modified: These terms of use were last modified on 17 January, 2025.
