Introduction | These terms of use (“Terms of Use”) is applicable to all the users who access or use the Platform (as defined below) including you (“Users”). For purposes of these terms of use, “you” and “your” means you as a “User,” which includes 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. The website: https://www.vinyasahealth.com (“Website”) together with the mobile application (“App”) and the [dashboard] by the same name (“Dashboard”) (Website, App, and Dashboard are collectively referred to as the “Platform”) is 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”). If you continue to access, browse, and use the Platform for all the services and products offered and supplied via the Platform, and to transact with such products and services (collectively the “Services”), you are agreeing to comply with and be bound by the following terms and conditions of use (as amended from time to time), which together with our Privacy Policy (available at: [●]<<<<Insert Link>>>>) and Terms of Service (collectively, “Platform Policies”) govern Vinyasa Health’s relationship with you in relation to the usage of the Platform. Additional terms: If you are accessing the Platform or availing the Services through a third-party store mobile/ web application, then while these Platform Policies shall apply to such use, there may be additional terms located on such platforms which will govern the use of the Platform. These additional terms to the extent applicable are hereby deemed to be incorporated in these terms of use by way of reference. Promotions: From time to time, among other things, we may offer promotions on the Platform, which may be subject to additional terms and conditions. We may modify or discontinue any of these promotions at any time without notice to you. Right of Refusal: Notwithstanding anything contained herein, we reserve the right, without prior notice, to restrict access or use of certain Services or the Platform (or any features within the Services or Platform) by any User or refuse service or any order you place with us at our sole discretion, subject to other conditions that we may impose at our discretion. These Terms of Use are published in compliance with and is governed by the applicable provisions of Indian laws, including but not limited to:
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE OR THE PLATFORM POLICIES, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES. |
Licenses | Services are provided and licensed to the User for specific purposes subject to such express limitations and restrictions prescribed by Vinyasa Health and are not sub-licensable. Other than those expressly granted by Vinyasa Health herein, you acknowledge and agree that no license, partially, or otherwise, with respect to any intellectual property owned by Vinyasa Health shall be deemed or implied to be granted to you by Vinyasa Health as a result of your use or access of the Platform or the Services. Provided however, you grant us a non-exclusive, royalty-free, transferable, perpetual, and worldwide license to host, use, distribute, operate, publish, sell, copy, publicly perform or display, translate, and create derivative works of your content (as per your privacy and application settings) made available on the Platform. |
Eligibility to Use | Our Services and the Platform are only available to Users who are 18 years of age or older and legally competent to enter into a contract under Indian law. Vinyasa Health’s Platform is not directed at children under 18 years, and we do not knowingly collect or solicit personal information from anyone in this age group. We encourage parents and guardians to supervise their minors’ online activities and consider using parental control tools available through device manufacturers or software providers to help ensure a safe online environment. If a child under 18 years of age has provided us with personal information, we request that their parent or guardian contact us so that we can promptly remove the information from our systems. Should we become aware that we hold information collected from a child under 18 years of age, we will delete it to ensure their privacy. Vinyasa Health does not take responsibility for any misrepresentation of age or use by any User. By accessing or using the Services or Platform, you agree that you are entering into a legally binding agreement with Vinyasa Health and confirm that you are capable of forming a binding contract under Indian laws and that you read and accept these terms and consent to the Platform Policies as updated regularly by us. If you do not agree to these terms of use, you must not access or use the Services or the Platform. |
General Terms of Usage | Unless otherwise provided, the use of the Platform and the Services is subject to the following terms:
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Terms of Service for Practitioners |
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Restrictions on Use | You shall not host, display, upload, modify, publish, transmit, update, or share any information which:
Vinyasa Health reserves the right to monitor the materials posted by Users on the Platform. Vinyasa Health shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or the Platform Policies. Notwithstanding the above, you remain solely responsible for the content of the materials you post on the Platform. Such content posted shall not reflect Vinyasa Health’s views and in no event shall Vinyasa Health assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of the content and/or appearance of the content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all the content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. |
User Account, Password, and Security
| In order to access, use, or avail the Services on the Platform, or facilitate the usage of the Platform for aforesaid Services, you agree to register and create an account on the Platform by providing details as may be required in the Privacy Policy (“Account”).
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Changes to the Services | Vinyasa Health may modify, amend, alter, or update these terms of use or any other Platform Policy at any time at its own sole discretion. The updated terms will be displayed on the Platform and by continuing to use the Services and/or accessing the Platform, you agree to be bound by any such changes/updates made by Vinyasa Health. It is your responsibility to regularly check these terms of use for such changes/updates. You agree that your continued use signifies acceptance of those changes/updates. You must discontinue using or accessing the Services or Platform if you disagree with such changes/updates. We further reserve the right to temporarily suspend, restrict access, or permanently discontinue the Platform, or any portion thereof, at any time and for any reason, with or without notice. |
Payment related Information | Users shall be bound by the Payment Terms set forth in the Terms of Service. These terms shall apply based on the nature of the Practitioner’s usage of the Platform and Services and may include, but be not limited to, fees for Platform usage, subscription charges, service fee, or other applicable costs associated with the use of the Platform and Services. By using the Platform or Services, Practitioners agree to pay all applicable fees in accordance with the Payment Terms and understand that such fees may be updated from time to time. Practitioners are responsible for ensuring timely payment of all fees, as specified in the relevant terms. |
Taxes | You hereby agree that you shall be solely responsible for paying all fees associated with the use of the Platform, if any, and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. |
Other Content shared by Users on Vinyasa Health’s Dashboard | Vinyasa Health does not pre-screen any content or information posted, published, or transmitted on the Platform by the Users and Vinyasa Health is under no obligation to pre-screen any such content or information. However, Vinyasa Health at its sole discretion and/ or on being notified by any third party or other Users may determine that any content or information posted by a User is in violation of these terms of use and/or applicable laws and shall be entitled to take down any content or information posted by such User on the Platform, without giving any prior intimation or notice to such User. Such actions do not in any manner negate or dilute Vinyasa Health’s position or impose any liability on Vinyasa Health with respect to content or information posted, published, or transmitted by other Users on the Platform. |
Privacy and personal information | For information about Vinyasa Health’s data protection practices, please read Vinyasa Health’s Privacy Policy (available at: [●] <<<<Insert Link>>>>) (“Privacy Policy”). This policy explains how Vinyasa Health treats your personal information and protects your privacy when you use the Platform or avail the Services. You hereby agree to the use of your data/information in accordance with Vinyasa Health’s Privacy Policy. |
Other restrictions applicable on Users |
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Indemnification | You agree to defend, fully indemnify, keep indemnified, save, and hold harmless, Vinyasa Health, its employees, directors, shareholders, officers, agents, and representatives and to hold them harmless, from any and all damages, losses, claims, liabilities, costs, interest thereon or expenses of any kind, including reasonable attorney’s fees, incurred, sustained by which may arise from or in connection with: (i) your submission, posting, or display of any User content; (ii) from your use of the Platform or Services; (iii) from your breach of these terms of use or breach of any applicable laws, including tax laws; (iv) any service availed by you from a third party service provider using any dispute inter-se Users; and/or (vi) your negligence or wilful misconduct. |
Limitation of Liability |
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Suitability of Services
| When a Service is listed for sale on the Platform, User agrees that Vinyasa Health cannot and does not confirm each of such Services or its suitability for any User. While the Services have been prepared with adequate diligence and market feedback, Vinyasa Health encourages the Users to exercise discretion and caution while dealing with various Users or availing the Services. Each User acknowledge and undertake that they shall use the Platform or Services only for lawful purpose. Vinyasa Health does not control and is not liable to or responsible for the quality, safety, suitability of any products or Services, lawfulness or availability of the products or Services offered for sale on the Platform, or the ability of the User to completely make adequate use of the Services. The User agrees and acknowledges that the product/Service images on the Platform are mere representation of the product/Service and not actual image of the product/Service sold. While every reasonable effort is made to maintain accuracy of information on the Platform, actual product/Service packaging, may contain more and/or different information than what is shown on the Platform. It is recommended to refer the information presented on the actual product/Service packaging. |
Force Majeure | Under no circumstances shall Vinyasa Health be held liable for any losses, delay or failure or disruption of the content or Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of the Platform. |
Communication | You hereby expressly agree to receive communications by way of SMS, telephone, or calls, or through messaging apps like WhatsApp on the registered mobile phone number and/or via electronic communications like e-mails from Vinyasa Health and other third parties duly authorised by Vinyasa Health. You hereby expressly consent to the monitoring and recording, by Vinyasa Health of any and all communications between you and Vinyasa Health, third party vendors or their agents, employees, consultants, contractors, or representatives of Vinyasa Health or of their authorised partners, and such monitoring or recording waives any further notice or consent requirement under the applicable laws. You can unsubscribe or opt-out from receiving communications from Vinyasa Health by notifying us of such intentions of yours in writing. In which case, Vinyasa Health will only send communications solely required for the purposes of availing the Services by you. |
Notices | All legal notices or demands to or upon Vinyasa Health shall be made in writing and sent to Vinyasa Health personally, by courier, certified mail, or facsimile to the following entity and address: <6, Bhai Chakla, Tower Road, Petlad, Anand, Gujarat, India> Attn: [Divya Shah] All legal notices or demands to or upon you shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax, or email address provided by the you to Vinyasa Health, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as Vinyasa Health may deem fit in its discretion. Notice to a User shall be deemed to be received by such you if and when, Vinyasa Health is able to demonstrate that communication, whether in physical or electronic form, has been sent to you. |
Severability | If any provision of these Terms of Use are 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 Use 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 Use 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. |
Waiver | No provision of these Terms of Use shall be considered waived, nor shall any breach be excused, unless such waiver or consent is in writing and signed by Vinyasa Health. Any consent or waiver by Vinyasa Health regarding a breach by you, whether expressed or implied, shall not be construed as consent to, or a waiver of, any other or subsequent breach. |
Disputes, Grievance Redressal and Refunds | You are welcome to reach out to us in case of any grievances/feedback with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to processing of information to the Grievance Officer at the contact details mentioned below: Name: Divya Shah [Note to draft: Please update details of the GO] Email Address: support@vinyasahealth.com Working Days: Monday to Friday (except on national/ state holidays). Refunds, if any, shall be processed at sole discretion of Vinyasa Health on successful verification of a reasonable reason for refund. We will strive to address your feedback and concerns in a timely and effective manner. The details of the grievance officer may be changed by us from time to time. You agree not to undertake any action which may undermine the integrity of Vinyasa Health’s grievance redressal / feedback system. |
Governing Law | These Platform Policies shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. Any claim against Vinyasa Health in relation to the Platform shall be adjudicated in courts in [Gujarat, India] and you agree to exclusive jurisdiction of these courts. |
Disclaimers |
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Date Last Modified | These terms of use were last modified on 17th January, 2025. |