Terms And Conditions
TERMS OF USE
Welcome to ZARIYAA THE WAY TO HAPPINESS!
ZARIYAA THE WAY TO HAPPINESS provides services of Mental and Emotional Well-being programs through mobile application and/or website.
ZARIYAA THE WAY TO HAPPINESS in connection with any of the services those (collectively the “Services'') is governed by these terms of use (the ‘Terms').
Please carefully read them before using the Services.
DEFINITIONS
Application(“App”): Applications means the software program provided by ZARIYAA HAPPY WELLBEING PRIVATE LIMITED refer to as “ZARIYAA THE WAY TO HAPPINESS''
downloaded on any electronic device can be accessed through or downloaded from
Google Play store/App store.
Account: The user signs up and creates a unique account to access our service or parts of our service.
Company: For the purposes of these Terms, “we”, “our”, “us”, and ZARIYAA HAPPY WELLBEING PRIVATE LIMITED, providers and operators of the Services.
Content: Content such as text, images, videos, audios or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.
Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identity of a natural person.
You: a person or entity that is registered with Zariyaa for using the Services (referred as “user”, “consumer”).
Service: Refers to the service provided by Zariyaa as described in the relative terms (if available) and on this platform.
Personnel: refers to those individuals who are employed by Zariyaa or are under contract to perform a service on behalf of one of the parties.
Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
SERVICES
Zariyaa is an online platform for mental health and holistic wellbeing that gives users access to licenced, qualified consultants with relevant experience and education. This Website/App helps individuals and patients in hospital in remaining calm and relaxed so they can heal more quickly by utilising deep relaxation techniques. With the aid of online and offline sessions, one-on-one counselling/therapy/healing sessions, content ideation, yoga sessions, etc., our Website/App helps users to relax and reduce stress with the help of daily activities of meditation, challenges of exercises and curated human coaching.
LICENSE
Zariyaa grants user a revocable, non-exclusive, non- transferable, limited license to download, install and use our service through a user identification (user id) reference provided by the app strictly in accordance with the terms of this Agreement. These Terms & Conditions are a contract between user and Zariyaa (referred to in these Terms & Conditions as "Zariyaa", "us", "we" or "our"), the provider of the Zariyaa and the services accessible from the Zariyaa Website/App (which are collectively referred to in these Terms & Conditions as the "Zariyaa Service").
ELIGIBILTY
User represents and warrants that they are competent and eligible to enter into legally binding agreements and of age and that they have the requisite authority to bind themselves to these Terms of Use following the Law. However, if a minor is using this Website or application, user may do so with the consent of their legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian. Users who are depressed and contemplating suicide will not be eligible to enter into legally binding agreements or assisted by Zariyaa. User
further represent that they will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations. User shall not use the Website/app if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
USER ACCOUNT
or as Regular user
website/app either as corporate user The website/app will ask user to give
in order to avail its services.
Users are required to register themselves on the
specific information during registration in order to create an Account including, but not
limited to: your name, gender, date of birth, email address and mobile number. The
website/app provides 07-days trial period before user make any additional payments for more features of the Website. For the purpose of registration, user shall be required to provide the Email Id on the registration link available on the home page of the website/app. The Registrations shall be deemed complete only upon user's authentication and verification of user's details via email verification or through OTP on mobile number/email. User represents that all account information provided by User is
true and accurate, and User agrees to update such information as necessary to
maintain its truth and accuracy. User shall be solely liable for all use of User’s account, whether or not authorized by User. User acknowledges that in the event of any illegal use of User's account, User will contact Zariyaa right away.
SUBSCRIPTION OF PLAN
Some of the Content made available on the website/app can be availed only by registered Users who have registered and paid under a subscription model ("Subscription User"). You may need to register yourself on the website/app to avail these services on a subscription model ("Subscription"). To become a Subscription User, You may be required to provide certain personal information to Zariyaa and may be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by Zariyaa ("Payment Methods") that you opted as a corporate or regular user for during registration. Zariyaa will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to
Zariyaa. Zariyaa may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary. You may choose more than 1 Subscription plan during a given period. Zariyaa may also offer certain features and / or benefits over and above the features and benefits made available to you under your existing Subscription plan (“Add-on”) for an additional fee (“Add-on Fee”). The Add-on will automatically expire upon the expiry of your Subscription plan.
USER REQUIREMENTS
The user can choose a category from daily activities as per their requirement by selecting the issue user is having, such as overthinking, Insomnia, depression which can be treated through meditation, music playlists, stories, and music to keep the user happy and calm. The website/app also offers the challenges like walking challenge, steps challenge, and food challenge to keep the user healthy and fit by giving the rewards to users. The user will only be able to access these daily activities and challenges for free during the first seven days of their trial period.
APPOINTMENTS & SESSIONS
The website/app provides sessions for the users such as; measures and guidelines related to health and safety, take online and offline sessions, taking One-on-One counselling, therapy sessions, healing sessions, seminars, Content ideation, yoga sessions etc. Zariyaa will inquire about the type of therapy user require before directing user to a consultant in line with their suggestions. When the user makes an appointment and book a session, an agreed period of time is held for them. According to your preferences and needs, the website/app will schedule one 45-minute session (one session of 45 minutes duration). While making an appointment via website/app, you will get a booking confirmation and a reminder the day before your appointment as long as you have left your contact details on the website/app. User can reschedule a session booked on website/app before 24 hours of the scheduled time by requesting the same via the website/app. Post that rescheduling will not be permitted and the session will be deemed to be consumed by you even if you do not attend. Moreover, in
seminars or in group sessions user can raise their query regarding the subject matter at the end of the session.
PAYMENT FOR SERVICE
All payments in respect of the Website/App Services shall be made to the Zariyaa through the Website/App. Zariyaa accept debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by Zariyaa which must be paid in advance such that payments are cleared on the day of session. At the time of scheduling the session, the user must pay Zariyaa the amount mentioned by the consultant for the sessions on the website/app. User confirm and agree to use only payment means (credit cards or others) which they are duly and fully authorized to use. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information you authorize us to bill and charge you through that credit card. You agree to maintain valid credit card information in your Account information for ease of next payment.
CHOICE OF CONSULTANT
All the Consultants on the Zariyaa panel are screened and have active and updated licenses, which can be viewed on their profile pages. The user can chose a consultant such as Therapist, Healer or Psychologist as per their requirement. Due to the fact that each consultant has a unique license, education, experience, and knowledge, the prices may vary depending on the consultant you select. The user must pay in advance to particular consultant they have selected through the Website/App. Once an appointment is scheduled that time has been reserved.
COMMUNITY
The Website/App includes an integrated feature that allows users to create communities where they can post, upload, publish, submit, or transmit any kind of content. While the Website/App restricts the following:
No posting of hate speech or abusive content i.e. racism, casteism, sexism, personal attacks, death threats, suicide requests or any form of hate speech is
not tolerated. This includes hate speech or abuse in usernames, as well as images and comments.
No nudity, pornography, or depictions of sexual activity. This includes images containing the explicit display of sexual organs especially intended to stimulate erotic feelings, full or partial nudity, any depiction of sexual activity including links posted in comments.
No advertising, spam, or other links to commercial websites
CANCELLATION POLICY
Cancellation of session: Users shall be permitted to cancel and reschedule their booking only up to 24 hours before the scheduled session, or as mentioned on the website/app while booking a session, post which the option of cancellation shall be disabled from the Platform. In case you wish to cancel the class/session after the prescribed time period, you may chat with us or write to us requesting cancellation of your appointment, and the Zariyaa may consider such request, at its sole discretion. Any decision taken by the Zariyaa in this regard shall be final and binding. In the event of cancellation of a scheduled session within 24 hours from such scheduled class, or in the event of excessive/ delayed/ last-minute cancellations, the Zariyaa reserves the right to charge such amount for cancellation, as may be determined by the Zariyaa. User can cancel and reschedule a session booked on website/app before 24 hours of the scheduled time by requesting the same via the website/app. Post that rescheduling will not be permitted and the session will be deemed to be consumed by you even if you do not attend.
RESTRICTIONS
User may not broadcast, copy or distribute, alter or tamper with in any way or otherwise use any written, visual or recorded information and other material contained in this Website/App unless clearly stating the original source and with prior written permission. These restrictions apply in relation to all or part of the material on the Website/App; you must not remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed
off from the web site; link to this web site; assume logo or branding or name without our express written consent.
TERMINATING OUR SERVICES
Users agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the website/app, any part of the website/app or the use of the website/ app, whether to all users or to you specifically, at any time with or without notice to user. Users 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. For the removal of any doubt, we may terminate or prevent your use of the website/app and any services provided by through the website/app at our sole discretion for any reason and for any period of time.
INTELLECTUAL PROPERTY
Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the Website or App’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features according to the provisions of these Terms and Conditions. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the website/app and other distinctive brand features of the website/app are the property of the website/app or the respective copyright or trademark owner. You shall not use any of the intellectual property displayed on the website/app in any manner that is likely to cause confusion among existing or prospective Users of the website/app, or that in any manner disparages or discredits the website/app, to be determined in the sole discretion. You are aware all intellectual property, including but not limited to copyrights, relating to said services reside with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the website/app through which you can communicate with other users and the website/app does not own any of the intellectual property relating to the independent content displayed on the website/app, apart from created graphics and specified
content. You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by you will result in legal action being initiated against you by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed that the contents of this clause shall survive even after the termination.
SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify this Agreement so as to effect the original intent of the parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.
OUR WARRANTIES AND DISCLAIMERS
User further agree and undertake that they are accessing the Website/app at your sole risk and they are using the best and prudent judgment before availing any features on the Website/app or accessing/using any information displayed thereon. User agree that any kind of information, resources, activities, recommendations obtained/availed from Website, written or oral, will not create any warranty and we disclaim all liabilities resulting from these. We do not guarantee that the features and content contained in the Website/app will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and user hereby expressly accepts any associated risks involved with your use of the Website/app. Zariyaa does not provide the services to the users having suicidal depression or thoughts, although they provide helpline numbers of the persons other than the zariyaa’s association who can help them out.
GOVERNING LAW AND JURISDICTION
Zariyaa agrees that any suit, action or proceeding against the Company brought by any, directors, Experts, officers, users, and any affiliates, or by any person who controls company, arising out of or based upon this Agreement, and any claim, controversy or dispute arising under or related thereto or the transactions contemplated hereby may be instituted in Karnataka, India, and waives any objection which it may now or hereafter have to the laying of venue of any such proceeding, and irrevocably submits to the exclusive jurisdiction of such courts in any suit, action or proceeding.
MISCELLANEOUS
No provision of this Agreement may be waived, modified or discharged unless such waiver, modification or discharge is agreed to in writing signed by Zariyaa. No waiver by either party hereto at any time of any breach by the other party hereto or compliance with any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, expressed or implied with respect to the subject matter hereof have been made by either party that are not set forth expressly in this Agreement.
NOTICES
In the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or courier service or through registered post , mailed by certified or registered mail or sent by telecopy, as follows: