Terms of Use


 

Who are we?
We are ManoShala LLP ("ManoShala" or “We” or “Us”), owners and operators of
www.maanoshala.com (“Website”) and the mobile based App available on App stores
platforms (“App”) (collectively the “Platform”), engaged in the business of (a) listing wellness
consultants, counselors and psychologists who independently provide professional services
(“Professionals”) and (b) selling and/or providing access to broad range of mental health and
wellness resources and allied digital services as well as booking services (“Products” or
“Services”) to individuals and organizations through this Platform. It is clarified that Services
provided to you on the Platform by ManoShala do not include independent professional services
of persons listed on this Platform (“Professional Services”), whose terms of service are
independently agreed between you and the Professionals during the process of booking such
services on this Platform.
This User agreement applies to all users of the Platform, including without limitation users who
are browsers, customers, merchants, and/or contributors of content.


What are these terms of use?
(a) THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU
AND MANOSHALA AND/OR BETWEEN YOU AND ANY THIRD-PARTY SERVICE
PROVIDER LISTED ON THE PLATFORM (TO THE EXTENT OF YOUR PURCHASE OF
THIRD-PARTY SERVICES THROUGH THIS PLATFORM). WHEN YOU USE THE
PLATFORM OR PURCHASE OR AVAIL ANY PRODUCT OR SERVICES OR THIRD
PARTY SERVICES ON THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS STATED HEREIN AS MAY BE AMENDED BY MANOSHALA OR
SUCH THIRD PARTY SERVICE PROVIDER FROM TIME TO TIME.
(b) As long as you comply with these Terms, you are granted a personal, non-exclusive, nontransferable, limited privilege to enter and use the Platform.
(c) IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF
THE TERMS BELOW, WE URGE YOU NOT TO USE THE PLATFORM OR PURCHASE
OR AVAIL ANY PRODUCTS OR SERVICES OR THIRD-PARTY SERVICES LISTED
THEREIN. You hereby expressly represent and warrant that you will not purchase or avail from
this Platform, Products or Services or third-party services, if you do not understand, agree to
become a party to, and abide by all of these Terms.


Why have these terms been published?
(a) These terms are published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules,
2021 (“the rules”) that require publishing the rules and regulations, privacy policy and
Terms of Use for access or usage of www.manoshala.com.
(b) These terms constitute an electronic record under the Information Technology Act, 2000
and rules there under as applicable and 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.


What are your responsibilities while reviewing these terms?
(a) You, the user of this Platform, (“User”, “you”, “your”) have the responsibility of reviewing these
terms and conditions as well as other terms and conditions published elsewhere on the Platform
(“Terms” or “Terms of Use” or “User Agreement” or “Agreement”) periodically for updates /
changes. By using the Platform, you agree that you have read and understood these Terms and
you agree to be bound by these Terms. ManoShala reserves the right to change or revise this
Platform and/or alter the Terms at any time.
(b) Your continued use of the Platform following any changes will mean that you accept and agree
to any revisions made by us to these Terms.
(c) By clicking, tick-marking or otherwise confirming anything on this Platform; or browsing,
purchasing or availing Products or Services or any other items displayed on
www.manoshala.com by whatsoever name, photograph, video or description and/or using or
consenting, whether explicitly or implicitly, to using all or any of the Products or Services or
other services listed by ManoShala on the Platform including third party services such as
independent professional services of listed professionals and support services such as logistics
services and payment collection services, you consent to the Terms of this Agreement and the
privacy policy which is incorporated in these Terms by reference as well as to terms of any third
party service provider, as may be specified by them on the Platform, and which are deemed to
be included herein by reference.
(d) You hereby also agree and acknowledge to be bound by such references, rules and regulations,
policies, terms & conditions on any subdomains, webpages or extensions of
www.manoshala.com which are hereby deemed to be incorporated in these Terms.
(e) You further acknowledge that the sub-headings are only indicative of the nature of the content
under them and are included for ease of reference; and that the entire Agreement applies to you
at all times.


Are you eligible to transact on this Platform?
(a) This Platform may only be used to transact by such persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the
meaning of the Indian Contract Act, 1872, including minors, persons of unsound mind, and
undischarged insolvents may use the Platform only under the supervision of a parent or legal
guardian after such parent or legal guardian has accepted these terms of use. A minor is not
allowed to register as a User or purchase or avail any Products or Services or third party-services
on the Platform and any such activity must be undertaken only under the supervision and with
the consent of a parent or legal guardian.
(b) If you are a minor i.e. under the age of 18 (eighteen) years, you should not register as a User of
the Platform nor should you transact on the Platform. As a minor, if you wish to use or transact
on the Platform, such use or transaction may be undertaken by your parents or a legal guardian
or by you under the supervision of a parent or legal guardian. ManoShala may prescribe
additional methods of verifying the consent of parents or legal guardians in case of usage by
minors and the Users agree to be bound by the same. ManoShala reserves the right to terminate
your membership and/or refuse to provide you with access to the Platform if it is brought to
ManoShala’s notice or if it is discovered that you are under the age of 18 (eighteen) years and
have accessed or used or transacted in this Platform without the supervision and consent of a
parent or legal guardian.
(c) Membership for Minors: A minor may also utilize the memberships/sessions /book a class or
any activity, only with the consent of the parent or legal guardian, subject to the these Terms of
Use. The parent or legal guardian of such minors who are authorising and supervising for the
use of the Platform on behalf of a minor, agrees to indemnify ManoShala for any and all losses
that may be caused to ManoShala from the acts or omissions of the minor and further agrees to
undertake or cause to be undertaken all implicit and explicit obligations that would otherwise
have formed between ManoShala and the User; and acknowledge that a binding relationship is
formed between you and ManoShala in all such matters.
(d) You acknowledge that any and all promises and commitments and benefits herein, whether made
conditionally or otherwise by ManoShala or by any third party on the ManoShala Platform, are
not intended for any minor, even if any activity with a minor is being undertaken by ManoShala
or by any third party on the ManoShala Platform, under the supervision and authorisation or the
minor’s parent or guardian; and you agree that the beneficiary of any promise or commitment
from ManoShala shall always be deemed to be the parent or local guardian of a minor. In the
event of any condition not being met as a result of an act or omission of a minor who is using
the Platform under the supervision of a parent or guardian, ManoShala or any third party on the
ManoShala Platform shall not be bound to fulfill its part of any contract entered into with you.


How can you use and access this Platform?
(a) You can browse or avail products and services on this Platform as a guest user or by voluntarily
creating an account with us by filling and submitting details as requested by ManoShala on the
Platform or logging in with your third party website user ID and password including that of
www.facebook.com, websites owned by, Google Inc. or its subsidiaries, twitter or any other
social media website or any other internet service as may be permitted by ManoShala
(“Account”)..
(b) By creating an account with us you can become a member (“Member”) and become entitled to
a range of digital content services, i.e., pre-recorded and/or do it yourself audio- video content
relating to physical and/or mental fitness, recreation experiences and other ManoShala
resources as a User which may not otherwise be accessible by a non-Member. You understand
that Membership /individual products and services are non-transferable.
(c) You can use this Platform to purchase or avail Services or Products or subscription based
Services or Professional Services that are listed by us and avail of any rewards and membership
benefits provided to you.
(d) You can avail digital Services on the basis of pay per session or subscription options available
on Platform.
(e) ManoShala reserves right to terminate/disable your account from booking further online sessions
on Platform or impose any other cancellation charges in the event You cancel or miss a scheduled
Session or violate any terms under this agreement or your agreement with any third party service
provider.
(f) in case of non-compliance with rules and regulations, privacy policy or user agreement for access
or usage of the computer resource of ManoShala or as per the requirements of any governmental
order or applicable law, ManoShala has the right to terminate the access or usage rights of the
users to the computer resource immediately or remove non-compliant information or both, as
the case may be.


What are your responsibilities and obligations under these Terms?
(a) Account and other Information: You agree, confirm and acknowledge that you will be
responsible for maintaining the confidentiality and security of Account information and will be
fully responsible for all activities that occur under your Account. You agree to (a) immediately
notify ManoShala of any unauthorized use of your Account information or any other breach of
security, and (b) ensure that you exit from your Account at the end of each session. ManoShala
cannot and will not be liable for any loss or damage arising from your failure to comply with
this term. You may be held liable for losses incurred by ManoShala or any other User due to
authorized or unauthorized use of your Account as a result of your failure in keeping your
Account information secure and confidential. We advise you to change your password frequently
and to take extra care in safeguarding your password.
(b) You agree that you shall, at all times, provide ManoShala with true, accurate and complete
information. If you provide any information that is untrue, inaccurate, not current or incomplete
or ManoShala has a reasonable ground to deduce that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with this Agreement, ManoShala reserves the right
to indefinitely suspend or terminate or block your use or access to the Platform. You agree not
to represent yourself as another person or User or login/ register using the identity of any other
person.
(c) You agree to provide correct and accurate financial information, such as e-wallets, UPI,
credit/debit card details etc to any approved payment gateway or pre-paid payment instrument
provider while availing Services or Products or Professional Services through the Platform. You
shall not use an e-wallets/UPI/credit/debit card or pre-paid payment instrument which is not
lawfully owned by you without the permission of such owner. You will be solely responsible
for the security and confidentiality of your e-wallets/UPI/credit/debit card details or pre-paid
instrument account. ManoShala expressly disclaims all liabilities that may arise as a
consequence of any unauthorized use of your e-wallets/UPI/credit/ debit card or pre-paid
instrument account.
(d) Sufficient authority: If you represent and are registering as a business entity, by accepting the
User Agreement you covenant that such entity shall have sufficient authority under applicable
law to enter into the User Agreement and that you will have been duly authorized by the business
entity to accept this User Agreement and bind such business entity to this User Agreement.
(e) Payments on Platform: All payments made against the purchases/services on Platform by you
shall be compulsorily in Indian Rupees unless otherwise permitted by ManoShala. The Platform
does not facilitate any transaction with respect to any other form of currency with respect to the
purchases made on Platform. For the purposes of buying any Products or Services or
Professional Services listed on the Platform, you agree not to make payments in any manner
other than as provided.
(f) Platform security: You must not violate or attempt to violate the security of this Platform,
including, without limitation, by (a) accessing data not intended for you or logging onto a server
or an account, which you are not authorized to access; (b) attempting to probe, scan or test the
vulnerability of a system, network or breach security or authentication measures without proper
authorization; (c) attempting to interfere with service to any other user, host or network,
including, without limitation, via means of submitting a virus to the site, overloading, and
"flooding," "spamming," "mail bombing" or "crashing."; (d) sending unsolicited emails,
including promotions and/or advertising of products or service.; (e) forging any TCP/IP packet
header or any part of the header information in any email or newsgroup posting. Violations of
system or network security may result in civil or criminal liability. ManoShala will investigate
occurrences that may involve such violations and may involve, and cooperate with law
enforcement authorities in prosecuting users who are involved in such violations. You agree not
to use any device, software or routine to interfere or attempt to interfere with the proper working
of this site or any activity being conducted on this site. You agree, further, not to use or attempt
to use any engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site
other than using the search engine and search agents available on this site and other generally
available third party web browsers (e.g., Microsoft Explorer, Google Chrome, Mozilla Firefox).
(g) Prohibited activities: You agree not to engage in any of the prohibited activities mentioned below
and agree to indemnify ManoShala for all losses caused as a result of your conduct or that of
another using your Account in relation thereto. You agree and undertake not to use the Platform
to not host, display, upload, modify, publish, transmit, store, update or share any information
that,—
i. belongs to another person and to which the user does not have any right;
ii. is defamatory, obscene, pornographic, paedophilic, invasive of anothers privacy,
including bodily privacy, insulting or harassing on the basis of gender, libellous,
racially or ethnically objectionable, relating or encouraging money laundering or
gambling, or otherwise inconsistent with or contrary to the laws in force;
iii. is harmful to child;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of the message or knowingly and
intentionally communicates any information which is patently false or misleading in
nature but may reasonably be perceived as a fact;
vii. impersonates another person;
viii. 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 cognisable offence or prevents investigation of any offence or is insulting other
nation;
ix. contains software virus or any other computer code, file or program designed to
interrupt, destroy or limit the functionality of any computer resource;
x. is patently false and untrue, and is written or published in any form, with the intent to
mislead or harass a person, entity or agency for financial gain or to cause any injury to
any person.


What are the terms for pricing and payments on the Platform?
(a) The listed price of the Product or Professional Services is subject to change without notice. The
listed price is provided on the Platform on 'as is' basis. By paying the listed price towards
Professional Services, you understand that you are paying the Professional a consideration
towards the expected Professional Services to be provided to you by the Professional as per its
independent contract with you and that the payment shall not create any binding contract
between ManoShala and you for the provision of such Professional Services (save for the
limited responsibility of providing a refund in the event no Professional Services were provided,
as per the reasonable determination of ManoShala in accordance with the terms further
specified below). ManoShala is only a listing and booking Platform and you are hereby
expressly notified of the same.
(b) Due to technical or other reasons, including typographical errors, there may be errors in the
listed price which may be corrected by ManoShala. We have the right to refuse or cancel any
orders placed for Professional Services listed at the incorrect price, whether or not the order has
been confirmed and your bank or credit card has been charged. If your bank or credit card has
already been charged for the purchase and your order is cancelled by Us for any listing errors,
we will immediately issue a credit order to your bank or credit card account in the amount of
the charge. All listed prices are inclusive of tax unless stated otherwise.
(c) ManoShala may from time to time contract with third party payment service providers such as
service providers or banks i.e. in order to a open nodal bank account under applicable Indian
laws to facilitate electronic payments by Users on the Platform. These third party payment
service providers may include third party banking or credit card payment gateways, payment
aggregators, providers of pre-paid instruments and mobile payment service providers. You
specifically authorize ManoShala and third party service providers to collect, process, facilitate
and remit payments electronically or through cash on delivery as the case may be.
(d) You further understand, accept and agree that the payment facility provided on the Platform is
neither a banking nor financial service provided by ManoShala and is merely an electronic,
automated online electronic payment, collection and remittance facility made available to you
for undertaking transactions on the Platform using banking infrastructure and credit card
payment gateway networks.
(e) You understand that a number of factors that are outside of ManoShala's control (including
without limitation, actions of an issuing bank, nodal bank and any credit / debit/ cash card
service provider or bank or financial institution infrastructure or payment gateway facility
provider or Reserve Bank of India authorised persons providing enabling support facilities for
collection and remittance of payments where the transaction price is refunded) may delay the
time within which the transaction price is collected by ManoShala or refunded through the
payment gateway facility. ManoShala neither makes any representations or warranties
regarding the amount of time needed to complete processing, and shall not be liable for any
actual or consequential damages arising from any claim of delay.
(f) For making payments while buying the Products on the Platform, the terms and conditions of
your bank, applicable financial institution and/or card issuing association may also be
applicable to you. Your bank, financial institution or card issuing association may decline or
prevent you from making electronic payments for buying the Products on Platform. ManoShala
disclaims any liability in this regard.
(g) ManoShala reserves the right to refuse to process transactions by those with a prior history of
questionable charges including without limitation breach of any agreements with ManoShala
or breach/violation of any law or any charges imposed by an issuing bank or breach of any
policy.
(h) ManoShala may delay notifying payment confirmation if ManoShala deems such payment to be
suspicious. ManoShala may hold the transaction price and may remit transaction price to law
enforcement officials (instead of refunding the same to User) at the request of law enforcement
officials or in the event you are engaged in any form of illegal activity.
(i) The transaction price paid by you will have to be paid to ManoShala in accordance with the rules
and regulations prescribed by the Reserve Bank of India from time to time, including in
accordance with the Payment and Settlement Systems Act, 2007 and in keeping with the
agreements signed with any payment facility providers. Any return of credit shall also be subject
to applicable law and you agree not to hold ManoShala liable for any delays caused by third
party payment providers.
(j) Auto-replenish: When you choose the Auto-Replenish option, you instruct and authorise
ManoShala and its service providers to deduct a certain amount of money at regular intervals as
approved by you towards purchase of Products. You agree to automatic deductions being made,
in accordance with your instructions and specifications, from the bank account provided by you
using the credit card or debit card details provided by you or any other details provided by you
as required by ManoShala on the Platform for that purpose. You understand that you have no
obligation to continue to use the Auto-Replenish function and can modify your instructions and
specifications at any time. ManoShala may provide you with an option to pause the AutoReplenish function and will not debit your account while such function has been paused by you
provided that ManoShala will be within its right to suspend or terminate use of the Platform or
any Product in such event.


What is the understanding regarding ownership of the Product/Services?
Unless otherwise specifically agreed, the title in the Products/Services and in the intellectual
property in the Products/Services shall always stay with ManoShala/third party service provider
(as the case may be) and you shall only retain a license to use the Platform and Products to the
extent and for the purposes specifically authorised. The license provided to you is nonassignable, non-transferable, non-sub-licensable and non-exclusive in nature and is meant for
restricted and limited use.
(10) What are the terms of shipping and delivery?
(a) Any Products that are consumed on and through the Platform or delivered electronically shall
be deemed to have been delivered upon access to the Products being provided on the Platform
or through electronic means or electronic delivery of the Product by ManoShala to the User.
(b) You consent to the dispatch of Products purchased or availed by you through professional third
party service providers engaged by ManoShala and/or by electronic means. There may be
various delivery models for delivery of Products to you, and you agree to allow ManoShala to
choose the same at its discretion depending on the circumstances of delivery, including the
location for delivery and availability of service providers.
(c) You understand that any loss caused to you during delivery of the Product by a third party service
provider may have to be reclaimed by you from the third party service provider as per applicable
law.
(d) Before shipping / delivering your order to you, you may have to provide supporting documents
(including but not limited to Govt. issued ID and address proof) to establish the ownership of
the payment instrument used by you for your purchase. . Delivery of all orders will be to
electronic or registered address of the buyer as per the credit/debit card only at all times (unless
otherwise specified at the time of Order).
(e) User's e-mail address, shipping address, pin code will be verified with the database of the
Platform before a User proceeds to make a payment. In the event User's order is not serviceable
by logistic service providers or the delivery address is not located in an area that is covered under
the order confirmation form, User may provide an alternate shipping address on which the
Product can be delivered by the logistics service provider or by ManoShala.
(f) Please note that there is no guaranteed dispatch time and any information about the dispatch time
on this Platform is only an estimate and should not be relied upon as such. Time is not the essence
of this contract between you and ManoShala in relation to sale of the Product on the Platform.
In the event of delay by ManoShala in handing over the Product to a delivery provider beyond
10 (ten) days from purchase of the Product on the Platform, ManoShala will provide you with
an option of claiming a refund.
(g) You shall be bound to take delivery of the Products purchased or availed by you which are in a
deliverable state. Where you neglect or refuse to accept the delivery of the Products ordered by
you, you will be liable to ManoShala for any loss caused to ManoShala due to such nonacceptance.
(h) In the event of non-delivery of a Product 15 (fifteen) days after you have been charged for a
Product you purchased or availed, ManoShala will follow up with the electronic intermediary
(if any) or delivery service provider and try and re-route the Product to you.
(i) You agree that the delivery of the Products can be made to any person who is present at the
shipping address provided by you or to such person who may have access to your electronic
mail.
(j) You acknowledge that ManoShala is not responsible for any non-delivery or damage or defect
in the Product caused during delivery.


What is the cancellation policy for products/services purchased or availed by you?
(a) Cancellation by ManoShala: There may be certain orders for Products/Services/Professional
Services that ManoShala/third party Professional is unable to accept and ManoShala/third party
Professional reserves the right to not accept or cancel any orders that have been accepted.
ManoShala reserves the right, at its sole discretion, to refuse or cancel any order for any reason
whatsoever. Some situations that may result in User's order being cancelled include, without
limitation, non-availability of the Product/Service/Professional Service or or inaccuracies or
errors in pricing information. ManoShala may also require additional verifications or
information before processing any order, which the User shall have to provide for the order to
be processed. All such cancellations shall be without any recourse to User and without any
liability to ManoShala. If User's order is so cancelled, after the payment has been processed, the
said amount will be reversed / remitted to you either to the bank account provided by you for
such reversal, or to the payment instrument from which payment was made, or to any pre-paid
payment instrument account of yours. ManoShala shall have the sole discretion to determine the
mode of reversal.
(b) Cancellation by you: User can cancel order for Professional Services provided all previous
outstanding payments are settled, if applicable. Similarly, User may cancel his/her registration
with us at anytime, provided all previous outstanding payment are settled. Upon cancellation of
the order, there may still be some information saved on our server regarding the user, which
shall be retained by us to the extent required by applicable law.


What is the replacement and refund policy of ManoShala?
(a) User may raise a refund or replacement request for any Products/Services/Professional Services
by contacting ManoShala or in the manner provided on the Platform along with a photograph of
the product and invoice and a written description of the complaint with the subject Attn:
“Refund”. User will have to raise the replacement request within 3 (three) days of delivery of
the Product or within 3(three) days of such date as to when Service/Professional Services were
to be provided.
(b) Once the request has been raised, an intimation shall be provided by ManoShala either
"approving" or "rejecting" the request. Users should note that ManoShala shall not be
responsible for processing a refund where a dispute is raised between you and the Professional
as regards provision of services. ManoShala shall not be responsible for providing any refund
for any deficiency in quality of service provided by a Professional. ManoShala shall approve a
refund only if it arrives at the reasonable determination that Professional Services have not been
provided altogether, as per the terms of the booking on this Platform.
(c) You agree that refunds and replacements shall not be provided by ManoShala if (a)
Product/Services/Professional Services were refused by you or the recipient at after confirmation
by ManoShala (as applicable) (f) Service/Professional Service has been provided and the same
has been utilised by you.
(d) In the event ManoShala agrees to a refund, the value of such Product/Service/Professional
Service, as originally paid by you, such amount will be refunded to you either to the bank account
provided by you for such refund, or to the payment instrument from which payment was made,
or to any pre-paid payment instrument account of yours or in any other manner permitted by
applicable law. ManoShala shall have the sole discretion to determine the mode of reversal.
(e) You agree that ManoShala is only a booking platform for Professional Services and cannot be
held responsible for a service dispute between you and the Professional. Recovery of any refund,
unless processed by ManoShala hereunder, shall have to be sought directly from the concerned
Professional.


What are the membership benefits of ManoShala?
(a) ManoShala may provide membership benefits to Users who register with us from time to time.
These may include invitations to offer or invitations to participate in certain events and
experiences curated by ManoShala or by third parties with whom ManoShala has arrangements.
(b) You agree that any invitation to an event or experience or into a programme may be subjected
to additional conditions as per the discretion of ManoShala and is made at the sole discretion of
ManoShala and upon the terms specified by ManoShala; and that ManoShala reserves the right
to cancel such invitations at its discretion. You further acknowledge that ManoShala is not an
organizer or an event management company and does not give warranties that such events and
experiences will meet any standards or expectations, unless otherwise specified as part of
Services being provided by ManoShala to you for agreed consideration.
(c) Any membership benefits promised by ManoShala to a User shall be provided on an “as is” basis
and you agree to a limitation on the liability of ManoShala.
(d) In case you are not satisfied with an event or an experience to which you have been invited or
are unable to participate, ManoShala will make best efforts to address your complaint or request
for accommodation for a future event. You agree, however, not to pursue any claims in relation
to these matters against ManoShala before any authority and hereby expressly waive any rights
in this regard to the extent permitted by applicable law.
(e) ManoShala is a platform that enables Users to connect with Professionals. The role of platform
is limited to facilitating the Professional Services in the capacity of a listing and booking
Platform while the Professional Services are the responsibility of the Professionals who provide
them.
(f) ManoShala does not promise any outcome based on counselling and therapy or any other
Professional Service. ManoShala does not guarantee the availability of the Professional over any
period of time. In any event a Professional stops using the Platform at any time after you have
paid for a Professional Service, ManoShala will notify you via email that such concerned
Professional is no longer on the Platform and shall provide you an opportunity to require a
replacement in the form of another similar Professional on the Platform of your choice. You may
chose not to accept a replacement and in such evet, ManoShala shall refund any amounts paid
by you towards unutilised Professional Services.
(g) During the course of the engagement, Professional might determine that online counselling
services are not appropriate for you, or all of your treatment needs and accordingly elect to not
to provide or continue to provide online Professional Services to you.


What is the agreement between ManoShala and you in relation to intellectual property
rights?

(a) You acknowledge and agree that ManoShala and any of its licensors retain ownership of all
intellectual property rights (including applicable copyrights, trademarks and other proprietary
rights) of any kind on the Platform and Products, and our websites, emails, mobile sites,
applications, other Products and/or Services. We are not granting any license to you under any
of those intellectual property rights by virtue of these Terms. You further acknowledge and agree
that we retain ownership and control over the "look and feel" and substance of our tools, widgets,
buttons, applications and the like. We reserve all rights that are not explicitly granted to you in
under these Terms.
(b) We have invested substantial time and effort into developing the Platform and Products and it
contains our own or licensed intellectual property. You further agree not to breach our
intellectual property rights or attempt to reverse-engineer or discover the source code (by any
means) of the Platform. You agree that any infringement of these restrictions will cause us
irreparable loss. ManoShala name and logos are trademarks and service marks of ManoShala
(the “ManoShala Trademarks”). Any other company, product, and service names and logos
used and displayed via the Platform or in any of our Products may be trademarks or service
marks of their respective owners who may or may not endorse or be affiliated with or connected
to ManoShala. Nothing in these Terms should be construed as granting, by implication or
otherwise, any license or right to use any of ManoShala Trademarks displayed on the Platform,
without ManoShala’ prior written permission in each instance.
(c) Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing,
selling, licensing, creating derivative works or using any content or intellectual property that are
owned by ManoShala or licensed to ManoShala for use and available on or through the Platform,
including in any Products.
(d) The technology underlying the Platform and Products and the entire contents of the Platform
and Products including, but not limited to, text, graphics, images, audio-video clips, digital
downloads, data compilation or code is either the property of ManoShala LLP or is licensed for
use of ManoShala LLP. You are prohibited by law from copying or using, without express
permission, any copyright or other right in such work.


What are the disclaimers, limitations on liability and exclusions of warranties of
ManoShala in relation to the Platform, Products, Professional Services and Services under
these Terms?

(a) ManoShala does not list Professionals for Users with any with any medical or psychiatric
requirements or in need of assistance for psychological emergencies. In case of any medical or
psychological health emergency or when an individual is experiencing any immediate selfharming thoughts or is showing symptoms of severe clinical disorders such as schizopherenia
and other psychotic conditions, We advise you to consider in-person medical intervention at the
nearest hospital or emergency room where you can connect with a psychiatrist or social worker,
counselor or therapist.
(b) You expressly understand and agree that ManoShala, its affiliates and subsidiaries, and their
respective officers, directors, agents, co-branders or other partners, and employees shall not be
liable for any direct, indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible
losses (even if we have been advised of the possibility of such damages), resulting from:
- Any Act, omission, opinion advise, response, suggestion, information and/or service of any
Professional and/or any other content or information accessible through the Platform;
- the accuracy or completeness of the Product or Services or the Platform's content;
- Any typographical errors, inaccuracies of the information on the Platform;
- Any personal injury or property damage, of any nature whatsoever, resulting from your access
to and use of the Platform or Services or Products or Professional Services;
- any unauthorized access to or use of our servers and/or any and all personal information
and/or financial information stored therein;
- any interruption in or cessation of transmission to or from the Platform;
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the
Platform by any third party;
- any errors or omissions in any content or for any loss or damage of any kind incurred as a
result of the use of any content posted, emailed, communicated, transmitted, or otherwise
made available via the Platform.
(c) Your sole and exclusive remedy for any dispute regarding the Platform and Products or Services
or Professional Services, with us or any of the persons detailed above shall be termination of
your relationship with us. In no event shall our entire liability to you in respect of any Product
or Service, whether direct or indirect, exceed the amount paid by you to purchase the same.
(d) You agree to purchase or avail Products and Services and Professional Services at your own risk
and to not rely on the accuracy of the descriptions of Services and Products and Professional
Services for gauging their usefulness to you. ManoShala disclaims any warranty or guarantees
as to the quality of any Professional Services, information or other products purchased or
obtained by you through the Platform.
(e) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM
AND ANY PRODUCTS/SERVICES/PROFESSIONAL SERVICES IS ENTIRELY AT YOUR
OWN RISK AND THE PLATFORM AND ANY PRODUCTS OR SERVICES OR
PROFESSIONAL SERVICES ARE OFFERED ON AN "AS IS" OR "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
(f) For abundant clarity, where ManoShala is not the originator of any services provided by a third
party and purchased or availed by you through the Platform. ManoShala disclaims any liability
for any such Product defects or shortcomings caused including those caused due to fraud,
negligence or mistakes made by the third party. ManoShala’s aggregate liability with respect to
this agreement and any and all use of the Platform in any circumstance is limited to the
transaction price, if any, paid by the User to for such services.
(g) ManoShala may provide you with the access to third party tools for facilitation of Professional
Services which are not in control or monitored or secured by us. Access to such tools on an “as
is” and “as available” basis without any warranties, representation or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or relating to your
use of optional third- party tools, including any liability for loss of confidentiality or data as a
result of your use of the tools You agree that you are fully aware that the technology platforms
used for Professional Services may not be secure and you agree to not hold ManoShala
responsible for any losses caused to you as a result of any deficiency in the services provided by
such service providers. You further acknowledge that any confidential information shared
between you and a Professional is not provided to or accessible by ManoShala or its
representatives and it is not the obligation of ManoShala to preserve or protect such information
shared between you and the Professional, including when shared via any third party
communication platform.
(h) We are not responsible for and do not endorse or accept any responsibility for the availability,
contents, products, services or use of any third party site, any website accessed from a third party
site or any changes or updates to such sites. These linked sites are only for your convenience
and therefore you access them at your own risk. You acknowledge that you bear all risks
associated with access to and use of content provided on a third party site and agree that we are
not responsible for any loss or damage you may incur from dealing with such a third party site.
You agree that ManoShala shall not be held responsible for failure on the part of any Professional
to provide Professional Services as per any regulations if applicable to and binding upon such
Professional. ManoShala does not guarantee that any representations provided to ManoShala by
the Professional are valid and any listing by ManoShala is subject only to a limited review by
ManoShala of certifications of practice as represented and provided by the Professional. Without
prejudice to this limitation of liability, ManoShala will endeavour to list only those Professionals
who are permitted to practice under any applicable law and in the event of being informed of
any fraud or malpractice or misrepresentation by such Professional, ManoShala may, at its sole
discretion, de-list such a Professional from its Platform.[Kochhar&Co Note: ManoShala to
confirm this language]
(i) You understand that any marketing or promotion or description of any Product or Service by
ManoShala is only representative. You agree that the listing Services on the Platform are by no
means an inducement by ManoShala or a marketing or advertisement of any Professional and
you take full responsibility for your choice of Professional and Professional Services for your
needs.
(j) This limitation of liability shall survive the termination or expiration of this Agreement.
(16) What indemnities are you agreeing to under the Terms?
The User agrees to indemnify and hold harmless ManoShala, its affiliates, officers, directors,
employees, consultants, licensors, agents, and representatives from any and all third party
vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney
fees and costs) arising from his/her/ its access (or in the case of a parent or legal guardian, a
minor’s access) to or use of the Platform or Product, violation of this Agreement, or
infringement of his/her/its Account, or of any intellectual property or ManoShala’s Products or
Services. ManoShala will notify the User promptly of any third party claim, loss, liability, or
demand, and in addition to the foregoing obligations, the User agrees to indemnify ManoShala
at his/her/its expense for defending such third party claims.


What are the rules regarding suspension and termination of your account with us?
(a) You may terminate this Agreement by not accessing the Platform or Product or Services but no
termination hereunder shall affect obligations incurred by you as a User or purchaser under this
Agreement.
(b) ManoShala may suspend or terminate your account in the event you are using the Professional
Services or accessing ManoShala’s digital resources for reasons other than your own personal
use or on behalf of any other person or organization without their consent.
(c) Without limiting other remedies that ManoShala may pursue, ManoShala may at its sole
discretion, take such action as it deems fit including but not limited to cancellation of the
transaction or payments made, limit User activity, immediately remove User information,
forthwith temporarily/indefinitely suspend or terminate or block a User, and/or refuse to provide
a User with access to the Platform or Product or Services or initiate any legal action as it may
deem fit.
(d) In the event you have breached any of the provisions of this User Agreement including any of
the rules and policies, documents, terms and conditions made thereunder which are incorporated
by reference or where ManoShala is unable to verify or authenticate any information provided
by you; or ManoShala believes that your actions may cause legal liability to ManoShala, We
may terminate your registration. Termination of your account may include: (i) removal of access
to all offerings within the Platform or Products or Services or with respect to the Services; (ii)
disabling access to the account information, including your personal information, log-in ID and
password, and all related information, files and materials associated with your account (or any
part thereof); and (iii) prohibiting further use of the Platform or Product or Services.
(e) Additionally, ManoShala may have to, with or without notice, terminate your registration in the
following events:
i. ManoShala is required to do so by law (for example, where the provision of the services to
you become unlawful), or upon request by any law enforcement or other government
agencies;
ii. The provision of the Products or Services or Professional Services to you by ManoShala is,
in ManoShala's opinion, no longer commercially viable;
iii. ManoShala has elected to discontinue, with or without reason, access to the Platform or its
Products or Services (or any part thereof); or
iv. In the event ManoShala faces any unexpected technical issues or problems that prevent the
Platform and / or Professional Services from working.
(f) No actions, omissions or decisions taken by ManoShala shall waive any rights or claims that
ManoShala may have against the User. A User who has been suspended or blocked may not
register or attempt to register with ManoShala or use the Platform or Products or Services in any
manner whatsoever until such time that such User is reinstated by ManoShala at the sole option
of ManoShala.
(g) Notwithstanding the above, if the User Agreement or the rules and policies and other documents
incorporated therein by reference are breached, ManoShala reserves the right to recover any
amounts due and owed to ManoShala and to take strict legal action including but not limited to
referral to the appropriate police or other authorities for initiating criminal or other proceedings
against you.
(18) How can you communicate with us?
(a) When you use the Platform or Product or Services to send emails or share other data, information
or communication or when you communicate with ManoShala, you agree and understand that
you are communicating with such persons through electronic records and you consent to receive
communications via electronic records..
(b) ManoShala may communicate with you by email or by notices on Platform or electronic records
on the Platform or on your mobile number which will be deemed adequate service of notice /
electronic record to the maximum extent permitted under any applicable law.
(c) You may communicate with ManoShala by sending an email to community@manoshala.com


If you have a grievance, whom should you approach?
(a) In case of any grievance, objection or complaint on your part with respect to the Platform or
Product or other Users or any Services, including any complaints or enquiry about suspension,
termination or blocking of your membership or right to use services, or violation of these terms
or of your intellectual property or in relation to published content, you should promptly raise
such grievance or complaint with the designated Grievance Officer and provide him with
necessary information and/or documents.
(b) ManoShala will make a best effort to resolve your grievance and will take adequate action
consistent with this Agreement and applicable laws, including taking down any material which
is objectionable or harmful for Users. However, you agree that ManoShala shall not be
responsible for addressing any grievance related to the quality of Professional Services or the
conduct of any Professional, which shall have to be addressed by the Professional. Upon
receiving a complaint, ManoShala may provide you with the official contact email for such
Professional in order for you to make a formal grievance to such Professional in relation to the
Professional Services
(c) The name and contact details of the Grievance Officer is published on the Platform as required
under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
Miss. Tamanna Rajpal
Email: community@manoshala.com

Phone: +91-6306646416
Time: Mon to Fri (9:00 am to 6:00 pm)


What is the consent policy and privacy policy about?
(a) By using the Platform or Products or Services and/or by providing your information, you consent
to the collection and use of such information disclosed by you on the Platform or through any
Products or Services. The personal information / data including but not limited to the information
provided by you to ManoShala shall be treated in accordance with the Privacy Policy which is
incorporated herein by reference and in accordance with applicable laws and regulations
including but not limited to Information Technology Act, 2000 and rules thereunder.
(b) We reserve the right to add, modify or remove terms from this Agreement at any point in time
with no prior notice. However, ManoShala shall inform users regarding the change of these
Terms if required by applicable law. Responsibility to review the Agreement from time to time
lies with the User. Continuation of the use of the Platform after revision of the Agreement will
be deemed to be an acceptance of the revised terms.
(c) Information about our security and privacy practices can be found on our Privacy Policies
available at manoshala.com/privacy-policy (“The Privacy Policy”)


How can you give us feedback?
You may use any feedback and review mechanism provided by ManoShala to communicate
your fair opinion and facts in respect of the Platform or your experience whilst using the Product
known to you from first-hand experience only (or in case you are the legal guardian or parent of
a minor, through any experiences of the minor). You shall not include any other hearsay
information, or information that results in maligning ManoShala, any other User or third party
in your feedback.


What is your relationship with ManoShala under these Terms?
None of the provisions of this User Agreement shall be deemed to constitute a partnership or
agency between the User and ManoShala and you shall have no authority to bind ManoShala
in any manner whatsoever.


Which law governs these terms? What happens in the event of a dispute?
(a) These Terms shall be governed and construed in accordance with the laws of the Republic of
India and the courts at Farrukhabad shall have exclusive jurisdiction over all matters and disputes
arising out of and relating to the business or Platform or Products or Services.
(b) If any dispute arises between you and ManoShala during your use of the Platform or Products
or Services or thereafter, in connection with the validity, interpretation, implementation or
alleged breach of any provision of this Agreement, and the Privacy Policy or the documents
incorporated by reference, the dispute shall be referred to a sole arbitrator who shall be an
independent and neutral third party chosen mutually by the User and ManoShala. The place of
arbitration shall be Farrukhabad and the Arbitration and Conciliation Act, 1996, shall govern the
arbitration proceedings. The arbitration proceedings shall be in the English language.


Please read the following terms carefully:
(a) ManoShala shall be entitled to seek and enforce specific performance of this Agreement, in
addition to any other legal rights and remedies, without the necessity of demonstrating the
inadequacy of monetary damages.
(b) Notwithstanding any other provisions of this Agreement, or any general legal principles to the
contrary, any provision of this Agreement that imposes or contemplates continuing obligations
on a User will survive the expiration or termination of this Agreement.
(c) If any clause of this User Agreement or the application thereof to any User or circumstance shall
be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this
User Agreement and the application of such unenforceable provision to Users or circumstances
other than those as to which it is held invalid or unenforceable shall not be affected thereby, and
each provision of this User Agreement shall be valid and enforceable to the fullest extent
permitted by law.
(d) This User Agreement together with the rules and policies incorporated herein by reference
constitutes the entire understanding and agreement between you and ManoShala with respect to
the subject matter herein.
(e) All remedies of ManoShala under this User Agreement whether provided herein or conferred by
statute, civil law, common law, custom or trade usage, are cumulative and not alternative and
may be enforced successively or concurrently.
(f) If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or
portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of the parties as reflected by that provision, and the
remainder of the Agreement shall continue in full force and effect. ManoShala may amend in a
reasonable manner such provision to make it enforceable and such amendment will be given
effect in accordance with the amendment terms of these Terms.

Also see our Privacy Policy