Terms and Conditions | TranquilMindWellness

TERMS AND CONDITIONS

Tranquilmind Wellness Pvt Ltd, on behalf of itself and its affiliates/group companies under the brand “Tranquilmind” and “myTherapEase” is the author and publisher of the internet source www.tqmwellness.com and the mobile application ‘myTherapEase’ (together, website).

NATURE AND APPLICABILITY OF TERMS

Please read these conditions carefully before using the www.tqmwellness.com website. By browsing the www.tqmwellness.com website, you signify your agreement to be bound by the terms and conditions and privacy policy of the website.

These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Tranquilminds in connection with your visit to the Website and your use of the Services (as defined below).
The Agreement applies to you whether you are:

A therapist/service provider or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or

A patient, his/her representatives or affiliates, searching for service providers through the Website (“End-User”, “you” or “User”); or

Otherwise a user of the Website (“you” or “User”).

These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. This Agreement applies to those services made available by Tranquilminds on the Website (“Services”), including but not limited to the following:

For Service Providers: Listing of Service providers and their profiles and contact details, to be made available to the other Users and visitors to the Website;

For other Users: Facility to (i) create and maintain ‘ Accounts’, (ii) search for service providers by name, speciality, and geographical area, or any other criteria that may be developed and made available by Tranquilminds, and (iii) to make appointments with Practitioners.

The Services may change from time to time, at the sole discretion of Tranquilmind Wellness, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@tqmwellness.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Tranquilmind Wellness.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

The Indian Contract Act, 1872,

The (Indian) Information Technology Act, 2000, and

The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021 (the “IG Rules”).

ABOUT TRANQUILMIND WELLNESS

Tranquilmind Wellness is a mental health service provider engaged, but not limited to, in the following act:

In providing counselling/therapies to the customers/service seekers for mental health care.
In organizing and conducting online/offline workshops and awareness programmes for mental health awareness
In organizing online and offline support groups for mental health care.
In providing and scheduling appointments for counseling between the service providers/customers.
In acting as an intermediary between the service providers and customers via www.tqmwellness.com and myTherapEase.

MODUS OPERANDI

Customer/Client Registration

Every person intending to avail the services of “Tranquilmind” and “MyTherapEase” must register on the website or app as required by submitting their personal information (as per the SIP Rules).
“Tranquilmind” and “MyTherapEase” will record the following information at the time of registration of the customer with “Tranquilmind” and “MyTherapEase” (i) Email (ii) Phone number (iii) Name
After the registration the client can book an appointment/counseling session using “Tranquilmind” and “MyTherapEase” as an intermediary.

Service Provider Registration & Usage

Every person intending to provide the requisite services through “Tranquilmind” and “MyTherapEase” shall be required to register and verify their information on the website and app.

Service providers shall provide the following information to “Tranquilmind” and “MyTherapEase” at the time of registration for the purpose of verification as a counselor:

Full name
Professional Designation
Specialization in the field of mental health
Profile Picture
Bio
Price per session
Resume
Reference no. 1 Name, Number and Email
Reference no. 2 Name, Number and Email
Work Experience (in yrs)
Account Number
IFSC Code

The aforesaid information is required to be verified to register as the service provider on “Tranquilmind” and “MyTherapEase”.

That only after the due verification of the aforesaid information by “Tranquilmind”, the service provider shall be allowed to provide services through “Tranquilmind” and “MyTherapEase”.

“Tranquilmind” and “MyTherapEase” will not charge anything for the registration of service providers.

“Tranquilmind” and “MyTherapEase” shall not share the aforesaid information with any third party unless otherwise required.

CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Tranquilmind Wellness that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

Conditions Relating to Your Use of Tranquilmind Wellness

Your Account- If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us.

Access to Tranquilmind Wellness

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Tranquilmind Wellness, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
to send, use or reuse any material that does not belong to you; or is illegal, is offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or 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; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;.
to deceive or mislead the addressee about the origin of messages.

Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content does / is not illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or otherwise injurious to third parties or relates to or promotes money laundering or gambling, or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way, or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or 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; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or deceive or mislead the addressee about the origin of messages. In the event a user fails to comply with the above. Tranquilmind Wellness reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Tranquilmind Wellness violates these Conditions of use and, or terminate your permission to access or use this website.

If you do post content or submit material, and unless we indicate otherwise, you:

-grant Tranquilmind Wellness and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and Tranquilmind Wellness and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

-You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Tranquilmind Wellness, including the execution of deeds and documents, at its request.

-You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Tranquilmind Wellness: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Tranquilmind Wellness policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Tranquilmind Wellness and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

4.4 Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tranquilmind Wellness, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Tranquilmind Wellness and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Tranquilmind Wellness, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

4.5 Intellectual Property Claims

Tranquilmind Wellness and its affiliates respect the intellectual property of others.

4.6 Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Tranquilmind Wellness nor shall Tranquilmind Wellness have any obligations or liabilities in respect of any transactions on the website.

4.7 Communications

When you visit Tranquilmind Wellness, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

4.8 Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

4.9 Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

4.10 Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

5. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN SERVICE PROVIDERS
The terms in this Clause are applicable only to Users other than Service Providers

End-User Account And Data Privacy

The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
Tranquilmind Wellness may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Tranquilmind Wellness’s services and to build new services.
The Website allows Tranquilmind Wellness to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Service Providers and their practice.
The Privacy Policy sets out, inter-alia:

The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information;
How and to whom Tranquilmind Wellness will disclose such information; and,
Other information mandated by the SPI Rules.

5.2 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

the fact that certain information is being collected;
the purpose for which the information is being collected.
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.

Tranquilmind Wellness shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Tranquilmind Wellness or to any other person acting on behalf of Tranquilmind Wellness.

The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Tranquilmind Wellness of any actual or suspected unauthorized use of the User’s account or password. Although Tranquilmind Wellness will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tranquilmind Wellness or such other parties as the case may be, due to any unauthorized use of your account.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Tranquilmind Wellness has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tranquilmind Wellness has the right to discontinue the Services to the User at its sole discretion.
Tranquilmind Wellness may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

6. RELEVANCE ALGORITHM

Tranquilmind Wellness’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Tranquilmind Wellness. Tranquilmind Wellness will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Tranquilmind Wellnessin no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

Listing Content And Disseminating Information

Tranquilmind Wellness collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Tranquilmind Wellness takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Tranquilmind Wellness screens and vets the information and photos submitted by the Service Providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

The Services provided by Tranquilmind Wellness or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Tranquilmind Wellness does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Tranquilmind Wellness does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Tranquilmind Wellness disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Tranquilmind Wellness or any User in relation to any User or services provided by such User.

The Website may be linked to the website of third parties, affiliates and business partners. Tranquilmind Wellness has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Tranquilmind Wellness endorses the linked site. User may use the links and these services at User’s own risk.

Tranquilmind Wellness assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

If Tranquilmind Wellness determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Tranquilmind Wellness reserves the right to immediately suspend your access to the Website or any of your accounts with Tranquilmind Wellness and makes such declaration on the website alongside your name/your clinic’s name as determined by Tranquilmind Wellnessfor the protection of its business and in the interests of Users. You shall be liable to indemnify Tranquilmind Wellness for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Tranquilmind Wellnessor its Users.

The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Tranquilmind Wellnessin the relevant city. Tranquilmind Wellnesshas published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Tranquilmind Wellnessis not liable in any manner for any consequence whatsoever arising out of any use of the information published here.

7. BOOK APPOINTMENT AND CALL FACILITY

Tranquilmind Wellness enables Users to connect with Service Providers through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.

Tranquilmind Wellnesswill ensure Users are provided confirmed appointment on the Book facility. However, Tranquilmind Wellnesshas no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Tranquilmind WellnessGuarantee Program, in which case the terms of this program shall apply.
If a User has utilized the telephonic services, Tranquilmind Wellnessreserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Tranquilmind Wellnessof any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
Without prejudice to the generality of the above, Tranquilmind Wellnessis not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Tranquilmind Wellnesswill not be liable for:

User interactions and associated issues User has with the Practitioner;
the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;

Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Tranquilmind Wellnessshall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.

In case of a ‘Patient-No-Show (P.N.S)’ or ‘cancellation of appointment’ where the User does not show-up at the concerned Practitioner’s clinic/cancels the appointment :

There will no coercive action against the Client unless there is misuse of the Tranquil Wellness services by the Client

Cancellation and Refund Policy

8. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Tranquilmind Wellness and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
It is hereby expressly clarified that, the Information that you obtain or receive from Tranquilmind Wellness, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

9. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

The contents listed on the Website are (i) User generated content, or (ii) belong to Tranquilmind Wellness. The information that is collected by Tranquilmind Wellness directly or indirectly from the End- Users and the Practitioners shall belong to Tranquilmind Wellness. Copying of the copyrighted content published by Tranquilmind Wellnesson the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Tranquilmind Wellnessreserves its rights under applicable law accordingly.

Tranquilmind Wellness authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Tranquilmind Wellness Content"), are the property of Tranquilmind Wellness and are protected under copyright, trademark and other laws. User shall not modify the Tranquilmind WellnessContent or reproduce, display, publicly perform, distribute, or otherwise use the Tranquilmind WellnessContent in any way for any public or commercial purpose or for personal gain.

User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

RECORDS

10.1 Tranquilmind Wellness may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Tranquilmind Wellness’. Information available in your Records is of two types:

User-created: Information uploaded by you or information generated during your interaction with Tranquilmind Wellnessecosystem, eg: appointment, medicine order placed by you.
Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Tranquilmind WellnessRay’ or other Services of Tranquilmind Wellness software.
The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

Your Records is only created after you have signed up and explicitly accepted these Terms.
Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Tranquilmind Wellnessdoes not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Tranquilmind Wellnessis not liable for any interruption that may be caused to your access of the Services.

.It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Tranquilmind Wellness is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Tranquilmind Wellness.

Tranquilmind Wellnessuses industry–level security and encryption to your Health Records. However, Tranquilmind Wellnessdoes not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Tranquilmind Wellness of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account __________.

If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Tranquilmind Wellness assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Tranquilmind Wellness and its officers against any such claim or liability arising out of unauthorized use of such information.

In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.

You may lose your “User created” record, if the data is not synced with the server.
If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
ranquilmind Wellness is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
The Health Records are shared with the phone numbers that are provided by your Practitioner. Tranquilmind Wellness is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
Tranquilmind Wellness is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
Tranquilmind Wellness has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
Tranquilmind Wellness will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
You agree and acknowledge that Tranquilmind Wellness may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
You acknowledge that the Practitioners you are visiting may engage Tranquilmind Wellness's software or third party software for the purposes of the functioning of the Practitioner’s business and Tranquilmind Wellness's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.
To the extent that your Records have been shared with Tranquilmind Wellness or stored on any of the Tranquilmind Wellness products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Tranquilmind Wellness pertaining to such previously visited clinics and hospitals who have tie ups with Tranquilmind Wellness for the purposes of their business and for Tranquilmind Wellness's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Tranquilmind Wellness, to the mapping of such Records as may be available in Tranquilmind Wellness’s database to your User account.

11. TERMS OF USE SERVICE PROVIDERS

The terms in this Clause are applicable only to Practitioners.

Listing Policy

Tranquilmind Wellness, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Tranquilmind Wellnessreserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Tranquilmind Wellness immediately to enable Tranquilmind Wellnessto make the necessary amendments.
Tranquilmind Wellnessshall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
Tranquilmind Wellness shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Tranquilmind Wellness, where the User has expressly or implicitly consented to the making of disclosures or publications by Tranquilmind Wellness. If the User had revoked such consent under the terms of the Privacy Policy, then Tranquilmind Wellness shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Tranquilmind Wellness prior to its actual receipt of such revocation.
Tranquilmind Wellness reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Tranquilmind Wellness shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
Practitioners explicitly agree that Tranquilmind Wellnessreserves the right to publish the Content provided by Practitioners to a third party including content platforms.
You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Tranquilmind Wellnessaccepts no liability for the same.

Profile Ownership And Editing Rights

Tranquilmind Wellness ensures easy access to the Practitioners by providing a tool to update your profile information. Tranquilmind Wellness reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Tranquilmind Wellness takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Tranquilmind Wellness’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Tranquilmind Wellness may modify or delete parts of your profile information at its sole discretion with or without notice to you.
Tranquilmind Wellness reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
Tranquilmind Wellness shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Tranquilmind Wellness shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Tranquilmind Wellness however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content.
Tranquilmind Wellness will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
If Tranquilmind Wellness determines that you have provided inaccurate information or enabled fraudulent feedback, Tranquilmind Wellness reserves the right to immediately suspend any of your accounts with Tranquilmind Wellness and makes such declaration on the website alongside your name/your clinics name as determined by Tranquilmind Wellnessfor the protection of its business and in the interests of Users.

12. INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Tranquilmind Wellness.

13. TRANQUILMIND WELLNESS REACH RIGHTS

Tranquilmind Wellness reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Tranquilmind Wellness will not be liable for the accuracy of information or the claims made in the Sponsored ads. Tranquilmind Wellness does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Tranquilmind Wellness will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Tranquilmind Wellness accepts no liability for the same.

14 PRACTITIONER UNDERTAKING

The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.

1 Usage In Promotional & Marketing Materials

In recognition of the various offerings and services provided by Tranquilmind Wellness to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Tranquilmind Wellness to include a brief description of the services provided to Practitioner in Tranquilmind Wellness’s marketing, promotional and advertising materials; (b) allow Tranquilmind Wellness to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Tranquilmind Wellness’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

Video Profiles Creation And Ownership

Video Profiles is a premium service offered to Practitioners to enable them to make their profile more impactful and engaging to End-Users, for a one-time fee.

Scope of service: Tranquilmind Wellness will send videographers to the Practitioner’s office or designated location to film and produce a personalized Video Profile according to mutually pre-decided specifications and requirements. The start-to-finish service includes pre-production planning, filming, editing and post-production for the Video Profiles. However, once the filming has been concluded, any reshoots will incur additional charges.
Ownership: Video Profiles created using Tranquilmind Wellness’s services, including but not limited to content, audiovisual elements, graphics, and accompanying materials, are the exclusive property of Tranquilmind Wellness. Tranquilmind Wellnessretains all intellectual property rights, including copyrights, trademarks and other proprietary rights associated with the Video Profiles created using our services. Tranquilmind Wellnessreserves the perpetual right to display the Video Profiles on its Website.
Permitted use: Practitioners may display the Video Profiles created for them by Tranquilmind Wellness solely and exclusively on the Website. Practitioners or their affiliates are not permitted to use or display the Video Profiles for any personal and commercial purpose outside the Tranquilmind Wellness platform.

Copying, replicating or reproducing Video Profiles: Video Profiles created by Tranquilmind Wellnessmay not be copied, replicated or reproduced or caused to be copied, replicated or reproduced in any manner, in part or in full, by any person or entity, unless specifically agreed upon in writing between Tranquilmind Wellnessand such person or entity.

Rights And Obligations Relating To Content

As mandated by Regulation 3(2) of the IG Rules, Tranquilmind Wellness here by informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

Users are also prohibited from:

violating or attempting to violate the integrity or security of the Website or any Tranquilmind WellnessContent;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Tranquilmind Wellness;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the Tranquilmind Wellness Content or other information available from the Website
framing or hot linking or deep linking any Tranquilmind Wellness Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

Tranquilmind Wellness, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of terms and conditions of Tranquilmind Wellness shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Tranquilmind Wellness has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

Tranquilmind Wellness may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Tranquilmind Wellness to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Tranquilmind Wellnessas provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Tranquilmind Wellness or any person on its behalf and the User or where the User has consented to data transfer.

Tranquilmind Wellness respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

TERMINATION

15.1 Tranquilmind Wellness reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
Tranquilmind Wellnessis unable to verify or authenticate any information provide to Tranquilmind Wellnessby a User;
Tranquilmind Wellnesshas reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Tranquilmind Wellnessbelieves in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Tranquilmind Wellnessor are contrary to the interests of the Website.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

IMITATION OF LIABILITY

16.1 In no event, including but not limited to negligence, shall Tranquilmind Wellness, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

RETENTION AND REMOVAL

Tranquilmind Wellness may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between Tranquilmind Wellness and User will be governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement, the courts of Delhi shall have the exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

CONTACT INFORMATION GRIEVANCE OFFICER

If a User has any questions concerning Tranquilmind Wellness, the Website, this Agreement, the Services, or anything related to any of the foregoing, Tranquilmind Wellness customer support can be reached at the following email address: ________ or via the contact information available from the following hyperlink:
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer Lakshay Batra on the contact information available on the website.
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

SEVERABILITY
If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

WAIVER
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Tranquilmind Wellness. Any consent by Tranquilmind Wellness to, or a waiver by Tranquilmind Wellness of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

CONDITIONS OF USE

You must be eighteen (18) years of age or older to register on the Website for availing the Health Plan Service as a Primary User. As a Primary User, You can add minors as Covered Member(s) under the Health Plan Service availed and subscribed to with the express understanding that the Primary Member shall be entirely responsible and liable on all counts for compliance with these Tranquilmind Wellness Health Plan Terms for and on behalf of such Covered Member who is below the age of majority. By registering, visiting and using the Website for availing the Health Plan Service or accepting these Terms and the Standard Policies, You represent and warrant to Tranquilmind Wellness that You are eighteen (18) years of age or older and have the appropriate authorization to contract on behalf of a Covered Member who is below the age of majority, and that You have the right, authority and capacity to use the Website for availing the Health Plan Service and agree to and abide by these Terms.