Terms & Conditions
These terms and conditions (“Terms of Use” or “Terms of Service” or “Terms”) are a computer-generated
electronic record published under Rule 3 of the Information Technology (Intermediary Guidelines and
Digital Media Ethics Code) Rules, 2021 (as amended from time to time) read with Information Technology
Act, 2000 (as amended from time to time) and does not require any physical or digital signatures. These
Terms are legally binding and govern your access and use of our Services and Platform, owned and operated
by SMD Wellness Private Limited, a company incorporated under the Companies Act, 2013, having its
registered office at Shop No. 2, First floor, CSC Sector-C, Pocket-1, Vasant Kunj, Delhi, 110070 and
represented by its Founder, Dr. Supriya Malik (“SMD Wellness” or “eMbrace”). eMbrace is the brand name
owned by SMD Wellness Pvt Ltd.
Please read these Terms carefully before accessing or using the
Platform and/or using our Services. By doing so, you agree to be bound by these Terms and our Privacy
Policy (insert hyperlink). If you do not agree to be bound by them, you shall not access/use the Platform
and our Services in any manner whatsoever. These Terms are in addition to and not in derogation of any
other terms stipulated by SMD Wellness from time to time. In case of any conflict between the Terms and
such other terms, these Terms shall prevail. Throughout the Terms, “we”, “us” and “our” shall refer to SMD
Wellness and “you” and “your” shall refer to you, i.e., the User of the Platform. Both SMD Wellness and
the User are collectively referred to as “Parties” and individually referred to as “Party” hereof.
Notwithstanding
anything contained elsewhere, SMD Wellness reserves the right to modify, alter, amend, revise the Terms,
update the Platform or its Services, at any time without prior notice, to improve your experience on the
Platform and on account of changes in Applicable Law, if any. It is strongly recommended that you visit
the Platform periodically to review the latest and updated version of the Terms. If you do not agree with
any changes made by us, you may stop using the Platform and our Services. Your continued access or use of
the Platform and/or use of our Services after such modifications/updation shall constitute your acceptance
of the modifications/updation
Definitions
For the purpose of the Terms, the following words and phrases shall have the meaning assigned to them
hereinbelow:
“Account” shall mean a User’s registered account on the Platform for using the
Services;
“Applicable Law” shall mean and include any law, statute, rule, regulation, order,
circular, decree, directive, judgment, decision or other similar mandate of any applicable central,
national, state or local governmental/regulatory authority having competent jurisdiction and force of law
over, or applicable to you, SMD Wellness or the subject matter in question, as may be amended from time to
time;
“Confidential Information” shall mean information which (a) is or can be considered to be of
confidential nature, whether or not such information is expressly marked as confidential; (b) is obtained
(without limitation) in graphic, written, electronic or machine-readable form or any media; and includes
(c) Intellectual Property;
“Intellectual Property” shall mean and include (a) all patents,
trademarks, copyrights and works of authorship, designs, domain names, business processes, utility models,
whether registered or unregistered, which are owned and/or developed by either Party; (b) all processes,
inventions, ideas, computer programs, codes, algorithms, discoveries, trade secrets, databases, know-how,
User lists, User reviews and testimonials, recording, whether audio or visual or both, or any other form
of interaction between the SMD Wellness and the User, creations or improvements or any research effort
relating to any of the above, whether registrable or not;
“Platform” shall mean, including but not
limited to, eMbrace website accessible at
https://www.embracelives.com/ , any other linked web pages,
mobile application (Android and iOS), mobile site services, API keys, features and content hosted on the
Platform.
“Services” shall mean and include without limitation, online therapy, counselling, online
self-care guides/modules, assessments related to neurodevelopmental and psychiatric disorders, including
but not limited to, autism spectrum disorder, hyperactivity disorder, cognitive functioning, specific
learning disability, social communication difficulties, executive functioning difficulties, personality
disorders, mood disorders, anxiety disorders and phobias, obsessive compulsive disorder, gender and
sexuality and post-traumatic stress disorder.
“Users” shall mean and include individuals, body
corporate, partnership, limited liability partnership, etc., who are visiting, browsing, accessing and/or
using the Platform and/or Services.
Acceptance
By browsing, accessing, signing-up, registering and/or accepting or using the Platform or ordering,
purchasing, subscribing to our Services in any manner whatsoever, you acknowledge that you have read these
Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree
to be bound by it as well. By accessing or using the Platform and/or Services, you represent that you have
provided us with valid credentials which may be used to verify your identity. We reserve the right to
restrict, suspend, or terminate your access to the Platform and/or Services, at any time without prior
notice, if we believe that you are in breach of the Terms. For the security of your account and to enhance
your overall experience on the Platform, we may use certain technologies (cookies) to monitor your
activities on the Platform. SMD Wellness may contact you for information and other enquiries through
email, telephone and/or SMS. You agree to receive promotional materials and/or special offers on our
Services. These promotional materials and/or special offers will be consent based and you will have the
option to unsubscribe.
User Representations
By accessing or using the Platform, you represent and warrant that:
(a) you are 18 years or above
and competent to enter into legally binding contracts as per Applicable Law; provided however, if you are
between 15-18 years, you may access or use the Platform and Services upon consent of your parent or legal
guardian;
(b) the personal information submitted by you are the time of creation of an Account or
availing our Services, is true, accurate, updated and complete;
(c) you will maintain the accuracy of
your personal information and promptly update it, as required;
(d) you are using a secure computer
resource and internet connection which is free from viruses and malware;
(e) you will not use the
Platform and Services for any illegal or unauthorized purpose;
(f) your use of the Platform and
Services shall not violate any Applicable Law.
General Disclaimers
(a) SMD Wellness aims to make mental healthcare accessible to all. However, we do not provide any
medical, psychiatric or other treatment or care for severe mental or other illnesses.
(b) The
Platform is not a suicide prevention or crisis intervention helpline. In case you have suicidal thoughts,
are victim of physical or sexual abuse or at risk of harming self or others, please seek immediate medical
support using these Helpline numbers.
(c) While our Services are provided by qualified and competent
psychologists, we do not claim to provide any kind of medical advice or diagnosis of any medical,
psychiatric or other condition.
(d) The Users agree that SMD Wellness shall not be liable for the
outcome of any interaction between them and the psychologists. If the User accepts any psychologist’s
advice during therapy sessions, it shall be at her sole risk and responsibility.
(e) SMD Wellness is
not responsible if any content, posts or information made available on the Platform is not accurate,
complete or updated. The content, posts or information is provided for general information and educational
purposes only and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of information. Any reliance on
the content, posts or information on the Platform is at the User’s own risk. We reserve the right to
modify the contents of this site at any time, but we have no obligation to update any information on our
site. You agree that it is your responsibility to monitor changes to our site
Platform Registartions
The Users can access and use the Services and features of the Platform after creating an account.
Registration can either be done through existing Google account or by providing personal data such as
name, e-mail ID, mobile number, date of birth and password. The User shall be solely liable for
maintaining confidentiality of the password.
Once registered on the Platform, the Users can login
through their registered email ID and password. It is expressly noted that SMD Wellness reserves the right
to alter, reclaim, or modify any chosen username at its sole discretion, contingent upon determination of
the username’s unsuitability, obscenity, or objectionability in accordance Applicable Law. Please note
that children below the age of 15 years are prohibited from accessing and using the Platform and our
Services.
Booking & Cancellation of Services
Users can book therapy sessions using their registered Account. Users can opt for different therapy
packages depending on their needs and requirements. All payments are to be made in advance. Every therapy
session is time bound and can last up to 50 minutes depending on the User’s needs and requirements. In
case the duration of a session is extended, User shall be liable to pay additional fee for the extended
duration. Please note that the fee paid needs to be used within 1 month of payment done. In case of any
emergencies or other unforeseen reasons, you can cancel an appointment by giving a 12-hour prior written
notice through email at info@embracelives.com. If the session cannot be scheduled or continued due to a
technical glitch, we may reschedule the session to a later date mutually agreeable to you and the
psychologist. We do not allow refunds for therapy sessions.
Optional Tools
We may provide you access to third-party tools on an “as is” and “as available” basis without any
warranties, representations or conditions of any kind and without any endorsement. You agree that SMD
Wellness does not monitor these third-party tools and we do not have control over them. We shall have no
liability whatsoever arising from or relating to your use of the optional third-party tools. Any use by
you of these tools offered through the Platform, is entirely at your own risk and discretion and you will
ensure that you are familiar with and approve of the terms on which tools are provided by the relevant
third-party provider(s). We may also, in the future, offer new services and/or features through the
Platform (including, the release of new tools and resources). Such new features and/or services shall also
be subject to these Terms.
Third-Party Sites
The Platform may include links or references to third-party websites or services solely for User’s
convenience (“Reference Sites”). SMD Wellness has no control over the Reference Sites and does not endorse
them or the information, materials, products, or services contained on or accessible through them.
Correspondence or business dealings between Users and the concerned Reference Sites are solely between
such User and the concerned Reference Site. Access and use of Reference Sites, including the information,
materials, products, and services on or available through Reference Sites is solely at the concerned
User’s own risk. You acknowledge and agree that SMD Wellness shall not be liable, directly, or indirectly,
for any loss or damage caused or alleged to be caused by your use of or reliance on any materials,
products, and services on or available through Reference Sites.
It is also clarified that SMD
Wellness shall have no liability with respect to any acts, omissions, errors, representations, warranties,
breaches, or negligence of the Reference Sites or for any personal injuries, death, property damage, or
other damages or expenses resulting from your interactions with the Reference Sites.
Privacy Policy
All information collected from a User pursuant to provision of Services under these Terms is subject to
our Privacy Policy. By using our Platform and/or Services, you hereby consent to the use of your
information as outlined in our Privacy Policy.
Errors, Inaccuracies & Warranties
Occasionally, there may be information on our Platform that contains typographical errors, inaccuracies
or omissions that may relate to description of Services, pricing, promotions, offers and availability. We
reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information on the Platform is inaccurate at any time without prior notice (including
after you have subscribed to any Service).
Prohibited Uses
In addition to any other prohibitions as set forth in the Terms, you are prohibited from using the
Platform or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or
participate in any unlawful acts;
(c) to violate Applicable Law;
(d) to infringe upon or violate
our Intellectual Property rights or the intellectual property rights of others;
(e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading
information;
(g) to upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the Platform;
(h) to collect or
track personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or
scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security
features of the Platform.
We reserve the right to immediately terminate your access and use of the
Platform in case it is found that you are accessing the Platform for any of the aforementioned prohibited
uses.
Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of our Platform will be uninterrupted, timely,
secure or error-free. We do not warrant that the results that may be obtained from the use of the Services
will be accurate or reliable. You agree that from time to time we may remove any Service for indefinite
periods of time or cancel any Service at any time, without prior notice to you.
You expressly agree
that your use of, or inability to use the Platform is at your sole risk. The Platform and all Services
delivered to you through it are provided on an “as is” and “as available” basis use, without
representations, warranties or conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
Confidentiality & Intellectual Property
Either Party shall keep the Confidential Information of the other Party strictly confidential.
Notwithstanding anything contained elsewhere, SMD Wellness reserves the right to disclose User’s
Confidential Information to its employees, agents, representatives, psychologists, and any other
third-party service provider, if they have “need to know” such Confidential Information in order to
provide the Services. We may also disclose your Confidential Information to your family or relevant
government authorities, if (a) you show symptoms of self-harm or harm to others; (b) there is reasonable
suspicion of physical or sexual abuse; (c) such information is sought under Applicable Law.
The
Platform is owned and operated by SMD Wellness and third-party licensors, if any. The visual interfaces,
graphics, design, compilation, information, computer code (including source code and object code),
software, Services, and all other elements of the Platform provided by SMD Wellness to the User
(“Materials”) are protected by Applicable Law.
All Materials and SMD Wellness’ Intellectual Property
are the property of SMD Wellness and/or third-party licensors or suppliers as applicable. You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or
access to the Platform or any contact through which any Service is provided, without express written
permission from us. For removal of doubts, it is clarified that unlimited or wholesale reproduction,
copying of the Platform’s content for commercial or non-commercial purposes, and unwarranted modification
of data and information within the content of Platform are prohibited.
Limitation of Liability and Indemnity
SMD Wellness shall not be liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from the User’s access and/or use of
the Platform and/or Services.
The User agrees to indemnify, defend and hold harmless SMD Wellness,
its directors, officers, employees, affiliates, agents and representatives from all claims, actions,
losses, damages, demands, costs, fees (including reasonable attorneys’ fees), arising out of or in
connection with the User’s breach of the Terms, or violation of the Applicable Law or intellectual
property rights of any third-party.
Termination
SMD Wellness reserves the right to terminate/suspend the Terms or User’s access to the Platform and
Services without prior notice and without any liability to the User or any third-party. In the event the
User wants to terminate the Terms, it can email at info@embracelives.com with a prior notice of 24 hours.
Any suspension/termination of the User’s access to the Platform and Services shall be without prejudice to
SMD Wellness’ right to exercise any other remedy available to it under the Applicable Law. The User will
continue to remain liable for all amounts due up to and including the date of termination
Governing Law & Dispute Resolution
The Terms shall be governed by and construed in accordance with the laws of India, without regard to its
conflict of law provisions. Any dispute arising out of or in connection with the Terms shall be subject to
exclusive jurisdiction of competent courts at New Delhi.
Miscellaneous
(i) SEVERABILITY
If any provision of the Terms is held to be unlawful, void, invalid or otherwise
unenforceable, then such provision shall be limited or eliminated from the Terms to the minimum extent
required under Applicable Law, and the remaining provisions shall remain valid and enforceable.
(ii)
ASSIGNMENT
The Terms and any rights and obligations hereunder, shall not be assignable by the User to
any third-party, but may be assigned by SMD Wellness without any restriction.
(iii) ENTIRE
AGREEMENT
The Terms, Privacy Policy and any disclaimers on the Platform constitute the entire
agreement and understanding between the Parties and supersede any prior or contemporaneous agreements,
communications and proposals, whether oral or written, on the subject matter hereof.
(iv) NOTICE
SMD
Wellness may provide Users with notices and communications through registered e-mail, regular mail, or
posts on the Platform or by any other reasonable means. Except as otherwise set forth herein, notice to
SMD Wellness must be sent by courier or registered post at Shop No. 2, First floor, CSC Sector-C,
Pocket-1, Vasant Kunj, Delhi, 110070.
(v) WAIVER
The failure of SMD Wellness to exercise or
enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any
waiver of any provision of the Terms, express or implied, shall be effective only if in writing and signed
by SMD Wellness.
(vi) RELATIONSHIP BETWEEN THE PARTIES
The Terms are not intended to create a
joint venture, employment, partnership, agency, or formal business organization of any kind between the
Parties. SMD Wellness and the User are independent contractors for all purposes and at all times and their
relationship is on a principal-to-principal basis. Neither Party shall act as or hold itself out as an
agent or representative of the other Party.
(vii) QUERIES
Any queries about the Terms should be
sent to us at
info@embracelives.com
Cancellation and Refund Policy
We understand that sometimes plans change and you may need to cancel a scheduled therapy session. To do
so, please contact us at least 24 hours in advance of your appointment to reschedule the booked
appointment. Please note cancellations made with less than 24 hours’ notice will be taken as No-Show and
charged in full.
We DO NOT offer refunds for sessions booked unless exceptional circumstances.
Disclaimer
www.embracelives.com
is not equipped to handle medical or psychological emergencies. Our services are not intended for crisis
situations, which may include, but are not limited to, thoughts of self-harm, suicidal ideation, or
symptoms of severe clinical disorders such as schizophrenia and other psychotic conditions. In such
instances, immediate in-person medical attention is the most suitable form of assistance.
If you find
yourself facing any of these challenges, or if you are contemplating suicide or feel that you pose a risk
to yourself or others, we implore you to seek immediate help. Please call at the mentioned helplines
numbers or proceed to the nearest hospital or emergency room to connect with medical professionals like
psychiatrists, social workers, counselors, or therapists face-to-face. In the event of any medical or
psychological health emergency, it is also advisable to involve a trusted family member or friend who can
provide support during this critical time. Remember, your safety is paramount, and professional in-person
support is essential in an emergency.
Emergency Helplines
Sangath, 01141198666
https://outlive.in/get-help-now
- Sangath Well-being Center- Sangath’s tele-counselling services offer free phone-based counselling for
frontline workers and young people in need of psychological support. You can call or Whatsapp the number
to be connected to a trained counsellor who are proficient in Hindi, English, Marathi, Tamil and Konkani.
https://sangath.in/tele-counselling/ 10AM-6PM, DAILY
iCall 9372048501, 022-25521111
ICALL@TISS.EDU - iCall is a
service from TISS, run by trained mental health professionals. iCALL provides emotional support,
information and referral services to individuals in psycho-social distress, across the lifespan and across
different gender and sexual identities.
http://icallhelpline.org/
MONDAY TO SATURDAY, 8 AM - 10 PM
National Helpline (NIMHANS), 080 46110007
NIMHANS- This is a helpline for anyone experiencing mental health distress during the COVID 19
crisis by National Institute of Mental Health & Neuro Sciences Bengaluru.