TERMS OF SERVICE

                                                          Initial Effective Date on 09.04.2021

                                                            Last Revised Version on 09.04.2021

                                                             Next review Date on 09.04.2023

1. General

 

1. The mobile and online service of DSR Technologies Limited (hereinafter referred to as "WellEQ", or "We", or "Us" or "Our"), the domain name www.welleq.com (hereinafter referred to as "Website") and DSR Technologies Limited  ("Mobile Software" or "WellEQ App") is owned and managed by DSR Technologies Limited, a private limited company, incorporated and existing under the laws of the United Kingdom and having its registered office at Flat 1 Beaufort Mews, 1-3 Kingsway, Surrey GU21 6EH.

 

1. This Terms of Service applies to all visitors, data subject, and others who access the Service ("User(s)" or “You/r”). This page explains the terms by which You may use Our Website, other websites maintained by Us relating to our Apps. Your use of the mobile based or web browser based software application either on the WellEQ website or integrated within an Institution website (hereinafter the “WellEQ App” or “Mobile Software”).

 

1. Our mobile application-based wellbeing service, using our unique online community along with a range of mental health stakeholders and professionals (collectively referred to as the "Service(s)”).

 

1. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this term of service ("Terms and Condition" or “agreement”) and to the collection and use of Your Information as set forth in the Privacy Policy, and terms of any other policies of WellEQ as may be applicable to you whether or not You are a registered User of Our Service. This Terms and Condition, Privacy Policy and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Agreement” or “Contract”. For further Information regarding the use of your data by WellEQ, please read Our Privacy Policy.

 

2. Service Overview

 

1. WellEQ is a specifically designed platform for physical wellbeing. Dealing with botheration which arises due to life situations, by controlling users overactive minds and reducing the stress from daily life. We as WellEQ try to find the best solutions for all emotional and mental health issues in the most efficient way. The use of our service is based on your own estimate of need. By using this site you acknowledge that this service is only suitable for basic self-help. This is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability. Our Services cannot and will not offer advice on all issues. WellEQ Services is not intended for use in crisis such as abuse or complex or severe mental health conditions that causes for example; ideation of suicide, harm to self and others, or for any medical emergencies. WellEQ App and Service cannot and will not offer medical or clinical advice. It can only suggest that the user seeks advanced (medical) help.

 

1. The Service only if for a natural and legal person. By using this service you agree to this Agreement and form a binding contract with WellEQ. You also agree to comply with all applicable local, state, national, and international laws, rules and regulations. Anyone under 18 is strictly prohibited from creating an account and/or Using the Service.
2. WellEQ reserves the right to refuse access to the Service or terminate Your account if eligibility is not met, at its sole discretion. The Service is not available to any Users previously removed from the Service by WellEQ.
3. Subject to Terms and Condition, Users are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for Your personal use only and as permitted by the features of the Service. WellEQ reserves all rights not expressly granted herein in the Service and the WellEQ Content (as defined later in this agreement). WellEQ may terminate this license at any time for any reason or no reason.

4. WellEQ Professionals

 

1. When book an appointment the WellEQ Professional: the following Terms and condition apply:

1. WellEQ professionals offer a Premium Service provided by the WellEQ App;
2. Please do not share Your Personal data (such as full name, date of birth, gender, contact numbers, address, financial identifiers, government-provided identifiers) or your medical-related data or any other sensitive data (such as Your sexual preferences, religious or political opinions, financial data) when you are using this service.
3. You have responsibility for the conduct, postings and transmissions that are made under Your User name;
4. WellEQ Wellbeing Professionals are highly trained and qualified mental well-being professionals. They range from professionals to alternative therapy gurus. By using these service, you understand and agree that the professional you select to work with you will be located remotely and may not be located in your country or state of residence. Please be aware that some of our professionals may not be licensed to practice in Your state, country or geography.
5. WellEQ Wellbeing Professionals provide wellbeing services. This should not be used to assess health conditions or substitute for state regulated medical advice, or relied upon for diagnosis or treatment. Use of Wellbeing Professionals does not create or constitute a physician-patient relationship with any WellEQ Well-being Coach or WellEQ Therapist, or anyone acting on behalf of WellEQ App or DSR technologies Limited.

 

1. WellEQ is not a crisis or emergency Service. If at any time you experience an emergency, medical or otherwise, please immediately reach out to the emergency contact in your local area of residence;
2. Sessions are scheduled at the mutual convenience of the User and the WellEQ Professional.
3. You are responsible to schedule a session with your select WellEQ professional and attend the appointment.
4. You can cancel or reschedule a scheduled session anytime before 48 hrs to the start of the scheduled session. No cancellation or rescheduling will be allowed within 48 hrs or after a session begins and refunds will not be issued.
5. You agree to cordial messaging etiquette with Your WellEQ Professional and to post messages in accordance with the User Content section within this agreement. Abusive or inappropriate behaviour will not be tolerated and will lead to expulsion from Website;
6. The WellEQ App serves as a “connector” for you to access online WellEQ Professionals. You agree that you are using the Services in your best judgement, and DSR Technologies will not make any representation or warranty as to (a) the accuracy or availability of the WellEQ App, (b) the willingness or ability of the WellEQ Professional, (c) the willingness or ability of any WellEQ Professional or WellEQ Professional to give advice, (d) whether you or anyone else shall find a WellEQ Professional Service helpful, useful or satisfactory, (e) whether you or anyone else shall find a WellEQ Professional advice relevant, useful, accurate or satisfactory, (f) whether the advice of the WellEQ Professional will be relevant to the User’s question, or (g) whether the WellEQ Professional advice will otherwise be suitable to Your or anyone else’s needs;
7. DSR Technologies performs a reference and background check of all WellEQ Well-being Coaches and WellEQ Therapists.
8. You understand and agree that, although a WellEQ Professional may have been accessed through the WellEQ App, DSR Technologies cannot predict or assess the competence of, or appropriateness for your needs, of the WellEQ Professional. You also acknowledge and agree that You take full responsibility for the decision to access a WellEQ Professional and any advice that they give;
9. The fee for entering into a session with a certain WellEQ Professional shall be as mentioned on the WellEQ App and indicated to you at the time of purchase (“Fees”). DSR Technologies may at its discretion revise the Fees. Any changes to the Fees will be effective only upon your approval through the Mobile Software. DSR Technologies reserves the right to discontinue the WellEQ Professional service upon non-payment of Fees by You. Fees are payable through Stripe payment method or other payment mechanisms as DSR Technologies may introduce in its sole discretion from time to time, prior to the time the Services are rendered;
10. Because WellEQ services are not a medical treatment, typically insurance will not cover the cost. Some employers may cover some of the cost of the WellEQ Professional Services or WellEQ either directly or through reimbursement. It is your responsibility to pay for the Service and get reimbursed by Your employer if that is the case;
11. It is your responsibility to note the date and time of your appointment or when your subscription expires.
12. The WellEQ App may offer in-app promotions from time to time. You understand and agree that such promotions may be available only once and cannot be extended or be transferable across multiple Users, plans and bootcamp;
13. The WellEQ App or the WellEQ Professionals will not ask you for any Personally Identifiable Information (such as full name, email ID, phone number, address, gender and other identification including sensitive Information such as Your medical information, sexual preferences, religious or political opinions), other than Your nickname to personalize the WellEQ Professional Services. You also agree to not share any personally identifiable Information including sensitive Information from Your end. Any Information shared by You, shall be treated in accordance with the Privacy Policy;
14. You have rights and these can be viewed in the Privacy Policy. If You have any questions, concerns or complaints, please contact Us at contact@welleq.com. DSR Technologies may ask additional information from You to service Your request appropriately. Please note that We may require to verify You before responding to any requests to exercise Your rights;
15. We do not collect any Personally Identifiable Information from You. At the same time, we also use this anonymized data research and statistical purposes to improve Our Product and Services and contribute to the development of user-centered best practices for mental wellbeing globally. Please refer Privacy Policy on how we handle Your data;
16. DSR Technologies reserves the right to modify or discontinue, temporarily or permanently, any Service in or on the WellEQ App, with or without notice to User. User agrees that DSR shall not be liable to User or to any third party for any losses or damages or injury that may result to User or any third party from such discontinuation or interruption of Service. However, if Service is temporarily or permanently discontinued by DSR Technologies, DSR will initiate any relevant refund of Fees paid by the User. Such refund shall be in accordance with the refund policy and terms and conditions of Google Play or Apple iTunes (whichever applicable). In such an event, You are required to contact Us for such requests. You will need to send an email request with reasons from Your Google or Apple email ID to contact@welleq.com will address any such request on a case by case basis;
17. DSR Technologies depend on various factors such as software, hardware and communications networks, its contractors and sub-processors. DSR does not guarantee that the WellEQ App Service will be uninterrupted or that it will be timely, secure or error-free;
18. DSR, in its sole discretion and for any reason, may terminate User’s participation in the WellEQ Professional Service and refuse any and all current or future use by Users of its platform. Upon such termination WellEQ will initiate the refund of Fees paid by the User on a pro-rata basis for the relevant month or any unused portion of the Services. Such refund shall be in accordance with the refund policy and terms and conditions of Google Play or Apple iTunes (whichever applicable). In the event you are required to contact Us for such requests, You will need to send an email request with reasons from Your Google or Apple email ID to contact@welleq.com will address any such request on a case by case basis;
19. All conversations and data obtained during the course of the Service is confidential. The storage, use, security of the Information is governed by the WellEQ Privacy Policy and Terms and Condition;
20. You agree and authorize DSR to collect and process Your data in accordance with the terms of our Privacy Policy;
21. DSR OR WellEQ PROFESSIONAL MAY DISCLOSE YOUR DATA IF DSR REASONABLY BELIEVES THAT DISCLOSURE IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY;
22. You understand that the use of technology is not always secure and You accept the technology risks during use of Your mobile device. You will follow good security practices during digital use including but not limited to setting a PIN to protect access, not sharing this with anyone, and not leaving your phone or chats unlocked for others to see. You understand and agree that safe use is Your responsibility, and DSR will not be responsible in any event arising out of unauthorized access to Your chats or other data;
23. The WellEQ Professionals and you mutually recognize that they may hold discussions based on data and information provided by You. The WellEQ Professional will not voluntarily communicate Your data to a third party. Any use of data disclosed by You to the WellEQ Professional shall be in accordance with the Privacy Policy;
24. In order to honor and protect the WellEQ Professional intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the WellEQ Professional practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the WellEQ Professional or Your relationship with WellEQ;
25. The WellEQ App or WellEQ Professional services may provide links to external resources or other content in third party websites. DSR has no control over any such links, content, web sites, products or services or any Information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. You acknowledge and agree that DSR does not endorse such third party products, services or advertisements and is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. You warrant and agree that DSR will not be responsible or liable, directly or indirectly, for any damage or loss or injury caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. DSR encourages You, the User, to, at a minimum, be aware of and to review the terms of service and the privacy practices related to third party sites;
26. It is agreed between You, Your heirs, agents, assigns, personal representatives and next of kin and the WellEQ Professional Services, DSR and their officers, directors, employees, contractors, members, agents and assigns that any disputes or claims arising out of or relating to the Agreement, or the breach of this Agreement, will be mutually addressed by both the parties towards a resolution. Any such resolution may occur over the telephone. In the event that the dispute has not been resolved after 60 days then the terms of dispute resolution mentioned in Agreement will be followed by both the parties;
27. You, for Yourself and on behalf of Your heirs, agents, assigns, personal representatives and next of kin, HEREBY RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS any WellEQ Professional services, and DSR, and their officers, directors, employees, contractors, members, agents and assigns (collectively “the Indemnified Parties”) from and against any and all claims, losses, causes of action, costs, damages, expenses, injury and liabilities whatsoever, that You, Your heirs, agents, assigns, personal representatives and/or next of kin may have against the Indemnified Parties, which may incur, or which may arise out of or as a result of Your use of the WellEQ App and/or the WellEQ Professional Services and/or reliance upon advice provided therefrom, whether caused by your own actions or inactions, by the negligent act(s) or omission(s) of the indemnified parties, or otherwise, to the fullest extent permitted by law;
28. The WellEQ Professional Services is provided on an "as is" and "as available" basis. You understand and agree that the use of the WellEQ Professional Service is based on Your own best judgment and at Your own risk. To the maximum extent permitted by applicable law, the WellEQ Professional Service is provided without warranties of any kind, whether express or implied.
29. Video Call Service. The WellEQ Professional service allows users to do an audio/video call with their assigned Coach/Therapist. This service is currently available only to android users in India on an experiment basis. To avail this service, please check with Your assigned Coach. Your Coach will also explain the Pros and Cons of Video-based modality during Your early sessions with them. The terms in this Agreement will apply to this Service as well. Read the Privacy Policy to understand how we handle Your data

 

5. Service Rules

 

1. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the WellEQ servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) disclosing, collecting or harvesting any personally identifiable Information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

 

1. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Agreement. You are responsible for all the mobile data usage resulting from the use of the Service. Consult Your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for Your interactions with other WellEQ Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. WellEQ shall have no liability for Your interactions with other Users, or for any User's action or inaction.

 

1. Some areas of the Service may, either now or later, allow Users to post content such as chat content, profile Information, videos, comments, questions, and other content or Information [any such materials a User submits, posts, displays, or otherwise makes available on the Service ("User Content")]. We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow others (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. WellEQ has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

 

1. You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets); (vii) contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any Information or content that You know is not correct and current; (ix) violates any school, Institution or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy, share, or use personal identifying or business contact Information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. WellEQ reserves the right, but is not obligated, to reject and/or remove any User Content that WellEQ believes, in its sole discretion, violates these provisions.

 

1. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark (UK00003596430, published on 9 April 2021), trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, You affirm, represent and warrant the following:

• You have the consent of each and every identifiable natural person in the User Content to use such person's name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
• Your User Content and WellEQ's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. WellEQ takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that WellEQ shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.

6. User Content License Grant

1. By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to WellEQ a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.

 

1. WellEQ conducts research on Our global platform. All data including User Content if any is anonymized before use for research purposes. This research looks at how different activities on Mobile Software (WellEQ Professional Services) impact mental well-being measures. WellEQ may use User Content and other data collected from the User in accordance with the Agreement for the purpose of this research. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful for the support You provide towards this mission by sharing Your data.

 

 

7. Mobile Software

1. We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software You must have a mobile device that is compatible with the Mobile Software. WellEQ does not warrant that the Mobile Software will be compatible with Your mobile device.

 

1. WellEQ hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one WellEQ Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.

 

1. You acknowledge that WellEQ may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code.

 

1. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and WellEQ or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. WellEQ reserves all rights not expressly granted under this Agreement.

 

1. The Mobile Software originates in India, and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Mobile Software and the WellEQ Service.

 

1. Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "WellEQ Content"), and all Intellectual Property Rights related thereto, are the exclusive property of WellEQ and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any WellEQ Content. Use of WellEQ Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

1. You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place WellEQ under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, WellEQ does not waive any rights to use similar or related ideas previously known to WellEQ, or developed by its employees, or obtained from sources other than You.

 

1. If the Service provides any Information (e.g. medical or legal) including recommending tools and techniques (e.g. Yoga or activity or exercises), such Information is for Informational purposes only and should not be construed as professional advice. No action should be taken based upon any Information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.

 

8. Payment

1. The Services are provided to the Users free of cost at present.
2. The User may choose to avail of additional services such as Booking with professionals. The User will be notified of the applicable fee payable for the Services prior to User’s use of the same.
3. It is the User’s responsibility to note the date and time that the booking with the professional. Payments may be subject to applicable currency exchange rates. Cancelling your appointment less than 48hours in advance will result in fee not being refunded.

10. Indemnity, Warranty and Limitation of Liability

1. You agree to defend, indemnify and hold harmless WellEQ and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, PIN, password or other appropriate security code.

 

1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WellEQ OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WellEQ, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE

 

1. WellEQ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WellEQ SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WellEQ WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WellEQ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WellEQ BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WellEQ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OR INJURY INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WellEQ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE FREE WellEQ HEREUNDER OR $100.00, WHICHEVER IS GREATER. FOR THE PAID SUBSCRIPTION TO WellEQ WELL-BEING COACH SERVICE OR WellEQ THERAPIST SERVICE, THE AGGREGATE LIABILITY OF DSR SHALL BE LIMITED TO THE SUBSCRIPTION FEE PAID BY YOU FOR A PERIOD OF SIX (6) MONTHS FOR THE WellEQ WELL-BEING COACH SERVICE OR WellEQ THERAPIST SERVICE.

 

1. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WellEQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

1. The Service is developed and maintained from facilities in India. You understand and agree that, while Services meet all applicable laws in India, the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK or India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.

 

11.Force majeure

 

1. A failure by WellEQ in the fulfilment of any obligation towards the User cannot be attributed to WellEQ in the event of a circumstance independent of the will of WellEQ, as a result of which the fulfilment of its obligations is wholly or partially prevented towards the User or as a result of which the fulfilment of its obligations cannot reasonably be expected of WellEQ . These circumstances also include, but are not limited to, defaults on the part of suppliers or other third parties, power failures, computer viruses, strikes, bad weather conditions and work interruptions, explosion, embargo, uprising, riot, war (whether or not declared), natural disasters (including storm) and contagious disease.

 

1. If a situation as referred to above arises as a result of which WellEQ cannot fulfil its obligations towards the Client, then those obligations will be suspended as long as WellEQ cannot meet its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the Agreement in writing in whole or in part.

 

 

12. Termination

 

1. WellEQ can terminate the Agreement or suspend User’s access if, at WellEQ discretion, WellEQ concludes that User's actions constitute a major breach of this Agreement. These actions include, but are not limited to, the following:

1. The User submitted user registration data which is not true, accurate, up to date or complete
2. The User's exhibits abusive, offensive or inappropriate language or promotes practises
3. The Client violates WellEQ intellectual property or intellectual property
4. Client's use of Software negatively impacts other users experience or functioning and integrity of WellEQ system

In such cases WellEQ shall suspend the user's account and write notice about the breach, allowing two (2) calendar days of the transmission of the notification for remedial action. If the Client fails to address the breach within this period, the Agreement shall automatically be terminated.

 

 

13. Data Protection

 

1. By using the Software, the user agrees to be bound by WellEQ Privacy Policy which is available on the website.
2. The Users rights under GDPR and other relevant regulation are contained with the WellEQ Privacy Policy.

 

 

 

14. Severability

 

1. This Privacy Policy and Terms and Service, together with any amendments and any additional agreements, shall constitute the entire agreement between the user and WellEQ concerning the Service.
2. If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
3. Any changes to the agreement will not be notified and it is the user's responsibility to check websites for any update of the Terms of Service.

15. Governing Law and Dispute Resolution

 

1. The Law of the United Kingdom is exclusively applicable to every agreement between the parties.
2. In the event of any dispute or difference arising between the parties in connection with this Agreement, the parties shall use their best efforts to settle the dispute amicably and by mutual agreement.
3. The failure by WellEQ to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.
4. Any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by WellEQ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

16. Contact us

 

1. If you have any question about the service or wish to make a compliant, please email the following address: contact@welleq.com