1. Terms and Conditions

1.1 This document is an electronic record as per the
(i) Information Technology Act, 2000;
(ii) the rules framed there under as applicable; and
(iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.2 This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of https://wellbe.club/ (the “Platform” / “Website”).

1.3 This website is owned and operated by Robust Aura Wellness Private Limited, operating under the brand name WellBe, (“Company”), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at #45, 24th Main Road,1st Sector HSR Layout , Agara, Bangalore, India – 560102

1.4 The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our online platform through which counseling may be provided (“Services”). By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.

1.5 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

1.6 For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural person who uses the Website for availing the Services. The term “We”, “Us”, “Our”, “the Company” shall mean WellBe, its employees, and authorized agents that perform any services on the Company’s behalf.

1.7 If you are not an individual and are an incorporated/registered entity/institute/organization seeking to avail the services of WellBe for your members/employees/students or any individuals registered with you for any services, you shall enter into an agreement/memorandum of understanding with the Company for this purpose. Each individual availing our services under such agreement/memorandum of understanding shall be bound by these Terms and Privacy Policy available here.

1.8 We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website; the date of the latest revision of these Terms will appear at the beginning of this page.

Use of the Website is available only to persons over the age of Three (3+). By accessing or using our Service, you warrant and represent that you are at least three (3) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions. If you are a minor, i.e., under the age of three (3) years, you shall not register as a member of the Website, unless you are accessing this Website with parental guidance or guidance of a legal guardian. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of three (3) years and are accessing this Website without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.

2. Counselors and Counselling Services

2.1 The Platform may be used to connect you with a Counselor who will provide services to you through the Platform (“Counseling Services”).

2.2 We require every Counselor providing Counseling Services on the Platform to be an accredited, trained, licensed psychologist, licensed professional Counselor, or similar applicable recognized professional certification. Counselors must have a relevant academic degree in their field, preferably have hands-on experience, and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.

2.3 The Platform’s role is limited to enabling the Counseling Services, while the Counseling Services themselves are the responsibility of the Counselor who provides them. If you feel the Counseling Services provided by the Counselor do not fit your needs or expectations, you may change to a different Counselor who provides services through the Platform. If a Counselor you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you that your Counselor is no longer on the Platform and that you have the opportunity to match with a new Counselor.

2.4 While we hope the Counselor Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.

2.5 IF YOU ARE THINKING ABOUT SUICIDE OR ARE CONSIDERING HARMING YOURSELF OR OTHERS, OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE FOLLOWING EMERGENCY SERVICE NUMBERS(SNEHA – +91-44-24640050, FORTIS HOSPITAL NATIONAL HELPLINE – 8376804102,KIRAN HELPLINE- 1800 599 0019 OR ASRA HELPLINE: +91-22-27546669) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

2.6 The platform is not intended for the provision of clinical diagnosis requiring an in-person evaluation and you should not use it if you need any official documentation or approvals for purposes such as, but not limited to, court-ordered. It is also not intended for any information regarding which drugs or medical treatment may be appropriate for you, and you should disregard any such advice if delivered through the platform.

2.7 Do not disregard, avoid, or delay in obtaining in-person care from your doctor or other qualified professional because of information or advice you received through the platform.

3. Privacy and Security

3.1 Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at_________(the “Privacy Policy”).

3.2 By agreeing to this agreement and/or by using the platform, you are also agreeing to the terms of the privacy policy. The privacy policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy policy.

3.3 By using Our Service, You agree to subscribe to newsletters, marketing or promotional materials, and other information we may send via email. However, you may opt-out of receiving any, or all, of these communications from us by unsubscribing or by emailing us at contact@wellbe.club

4. Third-Party Content

4.1 The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third-Party Content (including but not limited to links to other websites) or advertisements which are related to Third-Party Content. We have no responsibility for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.

5. Third-Party Content

5.1 You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the counseling services or the platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any Counselor and/or any other content or information accessible through the platform.

5.2 You understand, agree and acknowledge that the platform is provided “as is” without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the platform is at your own risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied.

5.3 You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.

5.4 You understand, agree and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the platform will not exceed the total amount of money paid by you or on your behalf through the platform in the 12 months period prior to the date of the claim.

5.5 If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section shall survive the termination or expiration of this Agreement.

5.6 You acknowledge that the platform and the Company are not a suicide helpline or a portal to manage cases of suicide and we shall not be liable to you or any third party in relation to any damages with respect to the same.

6. Third-Party Content

6.1 You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.

6.2 You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

6.3 You agree and confirm that your use of the Platform, including the Counseling Services, are for your own personal use only and that you are not using the Platform or the Counseling Services for or behalf of any other person or organization.

6.4 You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

6.5 You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

6.6 You agree and commit not to violate any applicable state, central or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counselors and us.

6.7 If you receive any file from us or from a Counselor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

6.8 You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) your violation of any of the provisions of this Agreement; (c) non-payment for any of the services (including Counseling Services) which were provided through the Platform; (d) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

6.9 You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

6.10 You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.

6.11 If you have any concerns about a bill or a payment, please contact us immediately by sending an email to.contact@wellbe.club We will evaluate your issue on a case-by-case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.

7. Modifications, Termination, Interruption and Disruptions to the Platform

7.1 You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

7.2 The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

8. Notices

8.1 We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be in writing and sent or transmitted by
(i) registered or certified mail;
(ii) hand-delivery;
(iii) email; or
(iv) internationally recognized courier service, provided its receipt is acknowledged and dispatched or sent or transmitted to the address specified below. All notice required to be given under these Terms shall be addressed to:

Name: Robust Aura Wellness Private Limited
Address: #45, 24th Main Road,1st Sector HSR Layout , Agara, Bangalore, India – 560102
E-mail Address: contact@wellbe.club

9. Governing Law and Jurisdiction

9.1 This Agreement shall be governed by the laws of India, and the courts of Bengaluru shall have exclusive jurisdiction with respect to any dispute arising hereunder.

10. Grievance Officer

10.1

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the ‘Grievance Officer’ are provided below:

Name: Vinay
E-mail Address: contact@wellbe.club
Postal Address: #45, 24th Main Road,1st Sector HSR Layout , Agara, Bangalore, India – 560102

11. Miscellaneous

11.1 This agreement constitutes the entire agreement between you and us. You confirm that you have not relied upon any promises or representations by us except as set forth in this agreement.

11.2 We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the beginning of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.

11.3 We may freely transfer or assign this Agreement or any of its obligations hereunder.

11.4 If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

11.5 To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.