These terms and conditions govern the way in which we provide services to you. “Services” means wellbeing counseling, performance support guidance, wellbeing coaching and support, mental health coaching services including but not limited to (i) consultation with mental health & wellness consultants “MHWCs” (ii) Online video/audio/text message based consultation with MHWCs (iii) Offline consultation with MHWCs (v) health fitness services, available from time to time through the Digital Platform, and rendered either directly by Devotus Technologies Private Limited (hereinafter referred to as “Devotus”) or respective Third Party Service Provider(s),. Please carefully read the following terms before accessing this site or using a services. By accessing the site (which includes, visiting, registering, purchasing or accessing a services) you accept and agree to all the terms, covenants and conditions imposed in these terms and conditions.
These terms and conditions (“Terms and Conditions”) control your use of these websites (Devotus.care) (“Website”). In these Terms and Conditions, “ Devotus technologies private limited[D1] .” is referred to as the “Company”, “us”, “we”, “our”, “company”, “Devotus”, “”.
The website (the ‘Site’), the counseling services made available through the site and the content (the ‘Products’, ‘Service’) are owned, operated and maintained, as applicable, by Devotus Technologies. The Site, Products, Service and Content are, collectively, the ‘Company Products’.
These Terms and Conditions of Use are published in accordance with the provisions laid down under Rule 3(1)(a) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.
BY USING THIS WEBSITE OR ITS PRODUCTS AND SERVICES, YOU AGREE AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS, INCLUDING THE POLICIES REFERENCED IN THESE TERMS, REPRESENT A BINDING CONTRACT BETWEEN YOU AND US WITH REGARD TO THE SERVICES. YOU INDICATE YOUR AGREEMENT TO THESE TERMS BY CLICKING OR TAPPING ON A BUTTON INDICATING YOUR ACCEPTANCE OF THESE TERMS, BY EXECUTING A DOCUMENT THAT REFERENCES THEM, OR BY USING THE SERVICES. THEREFORE, PLEASE READ THESE TERMS CAREFULLY, AND CONTACT US AT info@devotus.care IF YOU HAVE ANY QUESTIONS.
These terms tell you how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms and conditions are in addition to the Website Disclaimer and apply to the services availed by you. Please read these terms and conditions carefully before availing the services and print off a copy for your records. All rights not expressly granted in these terms are hereby reserved.
1. ELIGIBILITY
Any person aged 18 years or above and capable of entering into a contract under the Indian Contract Act, 1872 and subject to acceptance by Devotus Technologies is permitted to create/ access User account to avail the available Services. Minors are prohibited from accessing or creating User Account; however Legal Guardian of the Minors can avail the available Services for Minors in accordance with applicable laws. Services are available only for the citizens of India and in the Territory. Users’ may please note that certain Services may be available or limited to only particular area within the Territory.
2. CONDITION OF USE
By using this website, you agree that you have read, understand and agree to comply with these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications Devotus may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.
3. PRIVACY POLICY
Before you continue using our website, we advise you to read our privacy policy. Company’s privacy policy can be found at Devotus.care website (‘privacy policy’) regarding our user data collection. It will help you better understand our practices.
4. THIRD PARTY CONTENT
Through the Services, you will have the ability to access and/or use content provided by instructors of programs offered as part of the Services, other users, and/or other third parties and links to websites and services maintained by third parties. Devotus technologies cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Devotus technologies disclaims any responsibility or liability related to your access or use of such third party content. It is clarified that Devotus technologies does not have a principal-agent or employer-employee relationship with any instructor, user or third party and shall not have bear any liability or responsibility on behalf of such persons / entities.
5. LINKS TO THIRD PARTY SITES
Devotus technologies Website may present links to third party websites not owned or operated by the Devotus technologies. Devotus technologies shall not be responsible for the availability of these sites or their content. Devotus technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the User's use of or reliance on any content of any such site or goods or services available through any such site.
6. PAID SERVICES: FEE AND PAYMENT FOR SERVICE REGISTRATION
Devotus may charge for the chat, audio, and/or video-based counselling/coaching/guidance sessions.[RK2] Devotus technologies at its discretion can provide or facilitate the Services in the following manner,
a. against payment of Service Fees/Charges.
b. free of charge,
c. by offering some discounts/concessions,
d. against redemption of points accrued by the User(s),
User(s) are required to make requisite payment of Service Fees/Charges as are fixed and hosted on the Platform/website for availing the Services as per the specified payment mechanism. Devotus technologies may change the fees charged at any time. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Unless otherwise stated, Devotus technologies quotes and issue invoices in India Rupees (INR) only. You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region, at the rates in effect when the charges were incurred. Please note that we must receive your payment in full before providing you with access to the Services and/or Products.
The fee options available to you will be presented within the program descriptions and at the point of registration. Access to the training will be available for the registration term specific to each program type as stated in the program descriptions following completed payment for the training. Your access to the service will be terminated at the end of the term in effect.
You also are responsible for any charges incurred to access the Training, such as telephone and other equipment charges, and fees charged by an Internet access provider or other third-party service.
Your payment includes the licensing of the Services and/or Products for a limited period of time that is appropriate for the eLearning content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.
We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.
7. CHAT
Please read the following before using this service of chat/text message sessions offered by Devotus. By accessing chat session through Devotus plat you agree to the Terms of Use and Privacy Policy described herein. If you don’t agree to the terms, you may not use this service.
Who should use Chat Box?
Individuals who are over 18 years of age can use the chat box. Parent/guardian may register/sign in to access the chat box for child/children under 18 years of age strictly under their supervision.
Nature and Use of Information Provided through Chat Service
Your participation in Devotus chat does not constitute mental health care, counseling or treatment and does not constitute an legal counsel-client relationship, a therapist-patient relationship or any other sort of confidential relationship. This service is not a substitute for professional health care. If you believe you are experiencing a medical emergency, call your doctor or (available help line no.) immediately.
Devotus and any of its employees, volunteers or agents are not responsible for any decisions, or results of the decisions that you make while, as a result of, or after participating in Devotus Chat/text message sessions. This includes whether you choose to seek or not seek professional care, or to modify or terminate specific treatment that you are currently receiving based on the information provided by this service. You assume all risk for use of this service. Devotus and any of its employees, volunteers, or agents have no liability for actions taken by you or a third party, or not taken by you or a third party, and you agree to indemnify us and hold us harmless for damages arising out of information provided through this service. Without limiting the foregoing, in no event shall Devotus be liable for any special, incidental, consequential, or indirect damages. This service is provided on an “as is” basis and “as available” basis.
8. REPRESENTATIONS AND WARRANTIES
User(s)hereby represents and warrants to Devotus technologies that,
- he/she is competent to contract under Indian Contract Act, 1872,
- The Information given by him/her to Devotus technologies, on this Platform is accurate, true and nothing material is concealed by them,
- he/she is the Legal Guardian of the minor or person of unsound mind on whose behalf the User Account is created (applicable only in case of Services being availed for Minors or people suffering from unsound mind),
- The Agreement constitutes a valid and binding obligation enforceable against him/her in accordance with its terms,
- The acceptance by him/her, the performance by him/her of the obligations hereunder and compliance by him/her with the provisions hereof will not violate, contravene or breach or create a default under any agreement, instrument, charter or by-law provision, statute, regulation, judgment, ordinance, decree, writ, injunction or applicable laws,
- There are no claims, actions, proceedings, which are initiated, alleged, threatened or pending against him/her which would restrict him/her from accessing and availing any Services on the Platform.
- He/she will not initiate or carry out any transaction on this Platform on behalf of any other party, unless he/she is specifically authorized to do so,
- He/she shall comply with all applicable laws,
- He/she shall not infringe the Intellectual Property Rights of Devotus technologies or any Third Party/Parties or Third Party Service Provider(s)
- He/she will not use the Platform for any Emergency services
- He/she will not use the User Account for unlawful or unauthorized purposes,
- He/she will not upload any obscene or objectional content on the Platform,
- Aappropriate action can be initiated against him/her as warranted under the circumstances, for unauthorized use or breach of terms and conditions of the Agreement.
9. CANCELLATIONS
Registration fee paid cannot be cancelled and may not be transferred to other individuals.
10. PASSWORDS
Devotus subscribers/members should access their purchased services with their existing login credentials and password. Non subscribers/members should register for online availing the services after clicking the Sign-up link. Non members use their email address and password to gain access to their services.
Your login details are the methods used by us to identify you and so are very important. You are responsible for any payments due for services accessed through the website by anyone using your password details. Any information regarding someone using your password details should be advised to the Devotus technologies office immediately.
11. MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly Devotus technologies may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available as assessed on a per case basis solely at the discretion of Devotus technologies. Devotus technologies and its directors, instructors, its contributors, sponsors, and other business partners, and their employees, officers, staff, contractors, and other agents (the "Devotus technologies Parties") shall not have any liability to you for any such action. You can stop using our Services at any time.
We may also terminate your access to our Services if it comes to our knowledge that you have violated any of these Terms, our Privacy Policy, any other applicable policies or agreements between us, or any applicable laws. In this regard, we may further take any such necessary action, including legal recourse and removal of any non-compliant information shared by you.
12. DISCLAIMERS
The services and all included content are provided on an "As is" basis without warranty of any kind, whether express or implied. Devotus technologies parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade, whether express or implied. Devotus technologies parties further disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk.
13. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Devotus technologies parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, lost business opportunities, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any party other than the applicable Devotus technologies party, including without limitation, any defamatory, offensive, or illegal conduct; (c) unauthorized access, use, or alteration of your content or information; (d) these terms; or (e) act, omission or negligence to which you contributed.
Devotus technologies total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall not exceed One Thousand Indian Rupees (1000 INR).
You acknowledge and agree that the disclaimers and the limitations of liability set forth in these terms of use reflect a reasonable and fair allocation of risk between you and the Devotus technologies parties, and that these limitations are an essential basis to Devotus technologies ability to make the services available to you on an economically feasible basis.
You agree that no claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by Devotus technologies. Others such claim are permanently barred.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Devotus technologies Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
15. TERMINATION OF USER(S) ACCOUNT
Devotus technologies reserves its right to terminate/block the User Account,
1. if User(s) furnishes false information,
2. for Prohibited Use as specified under clause XXIV (General) sub clause (12),
3. without assigning any reason, by written notice of 30 (thirty) days,
4. if User(s) is in breach of its material obligations under this Agreement,
5. if User(s) frequently cancels the Services or frequently returns the ordered products without any justifiable reasons,
6. if the User(s) is engaged in any fraudulent transactions/activities,
7. if the User(s) misuses, abuses, indulges in activities causing service disruptions,
8. if the User(s) (i) is adjudicated insolvent; (ii) makes a general assignment for the benefit of creditors; or (iii) has a receiver or official liquidator appointed for the whole or any substantial part of its assets and such appointment is not dismissed, reversed, vacated or stayed within 60 (sixty) business days of such appointment,
9. the termination of User(s) Account shall be without prejudice to any rights which have already accrued to Devotus technologies.
16. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by the laws of India and the competent Courts at Delhi shall have exclusive jurisdiction.
Any dispute, controversy, claim or disagreement of any kind whatsoever between User(s) and Devotus technologies in connection with or arising out of this Agreement or the breach of the terms and conditions, termination or invalidity thereof (hereinafter referred to as a “Dispute”) shall be resolved by way of arbitration.
Arbitration shall be conducted by a sole Arbitrator to be appointed by Devotus technologies and the arbitral proceedings shall governed as per the Indian Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactments thereunder, which are deemed to be incorporated by reference herein. The venue of arbitration shall be Delhi; India and any award shall always be treated as made at the seat of the arbitration. The language to be used in the arbitral proceedings shall be English. The Arbitrator shall not have the power to award punitive damages, attorney’s fees and / or any other losses, expenses, claim or damages, which are excluded by this agreement. The arbitration proceedings, including any outcome, shall be confidential. The decision of the Arbitral Tribunal shall be final and bindings, shall be carried into effect and may be made by an order of any competent court at the instance of any party.
17. NO WAIVER
Neither failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No terms shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
18. SEVERABILITY
If any of these terms is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and these terms shall be deemed reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that corresponds as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
19. INTELLECTUAL PROPERTY
All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Devotus technologies.
The website and the video material, audio material, text, images, graphics and other content available on the Site (collectively, the “Content”) are protected by copyright, trademark and other laws. Nothing that you see or read in the website/portal may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.
User(s) hereby acknowledge and agree that they shall not,
a. recreate, duplicate, reverse engineer, decompile, recompile, disassemble or otherwise reproduce directly or indirectly, any part or whole of the Platform in or any materials relating thereto,
b. design around Devotus technologies’s proprietary projects, materials and products,
c. use the Devotus technologies’s Services, Content of the Platform, Confidential Information as a basis upon which to develop or have a Third Party develop a competing or similar product. Further the User(s) or any Third Party/Parties shall not contact or attempt to contact the Third Party Service Provider(s) on this Platform in any form either to promote its business or lure them to enter into a business relationship with them or with the Devotus technologies’s competitors’,
d. copy the content on this Platform/website,
e. use any software, tool or engine or any kind of device/mechanism, including but not limited to robots, spiders, artificial intelligence tools/agents to crawl, spy, navigate, to search, scramble, copy, duplicate, steal the Platform or the contents therein,
20. INTELLECTUAL PROPERTY COMPLAINTS
We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify us with a description of the copyrighted work that you claim to be infringing your IP; a description of where the material that you claim is infringing is located on the Devotus technologies website, with enough detail so that we may find it on the website; contact Details – Address, telephone number, and email address; a statement by you, that the information which you provided is accurate and your claim of the copyright or intellectual property is on your own behalf.
You can reach Devotus technologies to notify your claims of copyright by email to info@devotus.care
21. FORCE MAJEURE
Devotus, Devotus.care shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a services caused by a death in the MHWC, illness of MHWC, Government edict or regulation.
22. CONFIDENTIALITY
Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them. This clause shall continue notwithstanding termination of these terms and conditions.
23. ENTIRE AGREEMENT
These terms and conditions, together with the Website Disclaimer and Service Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
24. NOTICES AND GRIEVANCE REDRESSAL
The contact details of the officer are as below:
E-mail id: info@devotus.care
All the grievances and any discrepancies of the provider of information shall be redressed within one month (30 days) from the date of receipt of grievance.
