Terms of Use

THESE TERMS OF SERVICE FORM AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SERVICE (“TERMS OF SERVICE”) DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE.

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 PRESCRIBED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY, AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

THESE TERMS OF SERVICE IS A LEGALLY BINDING DOCUMENT BETWEEN HAPPY AURA AND THE USER (BOTH TERMS DEFINED BELOW). THESE TERMS OF SERVICE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE “I ACCEPT” TAB OR BY USE OF THE WEBSITE OR BY OTHER MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN HAPPY AURA AND USER.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE, AND CONSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS WEBSITE.

YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO HAPPY AURA AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF THE INFORMATION TECHNOLOGY ACT, 2000, AND THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES) RULES, 2011.

These Terms of Service of the website located at [Happy Aura's website URL], on mobile sites or mobile applications and the other associated/ancillary applications, products, websites, and services (“Website”) is between

Happy Aura (referred to as “Happy Aura” or “We” or “Us” or “Our”), a company incorporated under the Companies Act, 2013 with its registered office situated at [Happy Aura's registered address], and

Users of the Website including but not limited to Users who are patients, medical practitioners, and/or health care providers (referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which Happy Aura offers You access to the Website and such other services which include but are not limited to interactive session related services, platform services, self-assessments, to interact with medical practitioners, doctors, and health care providers from across the globe (“Practitioners”), to help the User receive appropriate diagnosis and quality treatment, knowledge, and perspectives through various interactive sessions with the Practitioners (“Services”).

These Terms of Service are a contract between You and Happy Aura. These Terms of Service shall be read together with the Privacy Policy or other terms and conditions with all other notices, disclaimers, and guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)”) constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

For these purposes, the term “Person” shall mean any natural person, firm, company, governmental authority, joint venture, association, partnership, limited liability partnership, society, or other entity (whether or not having separate legal personality).

You and Happy Aura shall hereinafter be individually referred to as a “Party” and collectively as the “Parties.”

INTERPRETATION

Any reference to the singular includes a reference to the plural and vice versa unless explicitly provided for otherwise, and any reference to the masculine includes a reference to the feminine and vice versa.

Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Service.

Any reference to a natural person will, unless repugnant to the context, include his heirs, executors, and permitted assignees. Similarly, any reference to a juristic person such as Happy Aura will, unless repugnant to the context, include its affiliates, successors, and permitted assigns.

WEBSITE SERVICES AND ACCOUNT REGISTRATION

By accessing this Website, You are agreeing to be bound by these Terms of Service, all applicable laws, and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, You are prohibited from using or accessing this Website. Your continued use of the Website shall constitute Your acceptance of the Terms of Service, as revised from time to time.

Happy Aura reserves the right to update the Website and/or Services, in order to, inter alia, introduce new features or Services, enhance existing features or Services, and improve User experience and performance. You hereby agree that Happy Aura will be able to provide support services only if You install all the updates upon receiving notifications while using the Website and its Services.

For availing of certain Services, You will be required to register an account on the Website (an “Account”). When You register on the Website and set up Your Account, You must:

Be of age 18 or older
Provide accurate and complete information
Promptly update Your Account information with any new information that may affect the operation of Your Account
Authorize Happy Aura to make any inquiries We consider necessary or appropriate to verify Your Account information or the information You provide to Us via the Website including document proofs or copies or any such information as required mandatorily by applicable law that needs to be provided to Us
Acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, User integrity, anti-harassment, and conflict of interest. You will not use false identities or impersonate any other person or use another account that You are not authorized to use on any computer, mobile phone, tablet, or other devices (collectively “Device”)
You are responsible for safeguarding and maintaining the confidentiality of Your Account information. You agree not to disclose Your Account information to any third party and that You are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of Your Account on the Website, whether or not You have authorized such activities or actions. You will immediately notify Happy Aura of any unauthorized use of Your Account. You may be held liable for losses incurred by Happy Aura due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You agree that this Website and its Services are made available to You on a non-exclusive, non-transferable, non-sublicensable, and on a limited license basis and hence, You will not permit, enable, introduce, or facilitate other persons to participate in availing Services from Your Account, including others who may be subject to an agreement that is the same or similar to this Agreement.
If You provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Happy Aura has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Happy Aura has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any part thereof).

USER DUTIES

You shall comply with all applicable local laws, and regulations in connection with Your availing of the Services. You shall keep Happy Aura informed of any technical issues or problems with the Website, as and when the issues develop. You shall not engage in any activity other than strictly for the purposes specifically laid down under these Terms as integral constituents of the Services, prior to, during the continuance of, and after each and every session.

While Using the Website, You shall not:

Use the Services and the assets, either directly and/or indirectly, for sharing of nudity, pornographic or adult material, sexually explicit images or descriptions involving sexual behavior, or other content deemed offensive by Happy Aura according to community standards and/or applicable law is strictly prohibited unless required for the purpose of rendering medical consultations and Services from the Practitioners. Happy Aura reserves the right to immediately terminate Your account on being notified of any such act performed contrary to this clause without any further notice
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any other Person
Conduct or forward surveys, and contests that are construed as illegal activities that include but are not limited to gambling activities, pyramid schemes, or chain letters
Falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded
Provide any information that is incorrect or misleading in any way
Use any deep-link, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website
Engage in any activity which violates any applicable laws, rules, and regulations.

DATA USAGE AND INSIGHTS

You hereby specifically agree and acknowledge that Happy Aura is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between the User and Practitioners.

You, further acknowledge and agree that Happy Aura will not be held liable for:

Any User interactions and associated issues the User has with the Practitioners
Any wrong medication or quality of treatment being given by the Practitioners or any medical negligence on part of the Practitioners
Any type of inconvenience suffered by the User due to a failure on the part of the licensed Practitioner(s) to provide agreed services
Cancellation or no-show by the Practitioners or rescheduling of booked appointments or any variation in the fees charged.
In agreeing to these terms of use, You acknowledge and undertake that the feedback mechanism provided to You, is a privilege and might be displayed on the respective Practitioner(s) profile. You solely will be responsible for the contents of such feedback, suggestions, and/or constructive criticism.

You understand and agree that any advice or diagnosis made by any Practitioner(s) does not mean that there is a licensed medical professional/patient relationship, between Happy Aura and You. You are to comply with all applicable local laws, and regulations in connection with Your availing of the services.

RELATIONSHIP OF HAPPY AURA & USER

You do not possess the authority to bind Happy Aura, in any manner. Nothing, in these Terms Of Use, can be construed to create a relationship between Happy Aura and You, other than that of a service provider and User.

DECLARATIONS, REPRESENTATIONS, WARRANTIES, AND COVENANTS

Each Party hereby represents and warrants that it has the legal right, power, and authority to enter into, deliver and perform this Agreement and any other documents executed in connection with or pursuant thereto.

You specifically covenant that You shall keep all information confidential, including but not limited to insights, conversations, assessments, diagnosis, treatment, etc. in the course of interactive sessions with Practitioner(s).

Notwithstanding anything contained herein, You do not have the right to assign any duties or obligations to any other person or organization under the clauses of this agreement. You further agree not to hold Happy Aura responsible for any decision taken by You on the basis of the advice or insights as provided by the Practitioner(s).

You are responsible for:

Complying with all applicable laws in the course of performing obligations under this agreement, and
Representing that You have no criminal antecedents or convictions and/or any criminal action pending against You,
Not engaging in any activity other than strictly for the purposes specifically laid down under these terms as integral constituents of the services, prior to, during the continuance of, and after each and every session.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to Our Website and the use of this Website. Nothing in this disclaimer can lead to the limiting or exclude Our or Your liability for, Death or personal injury, Fraud or fraudulent misrepresentation, and Anything that is not permitted under applicable law; or may not be excluded under applicable law.

THIRD-PARTY CONTENT

Happy Aura cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms of Service, and, as between You and us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.

By agreeing to these Terms of Service, You acknowledge that when You access any link that leaves the services, the site You will enter into is not controlled by Happy Aura and is subject to different terms of use and privacy policy not linked to ours. We urge You to read their internal policies for Your continued interaction with such third parties. By accessing links to other sites, You acknowledge that Happy Aura is not responsible for those sites.

Happy Aura perpetually reserves the right to disable links to and/or from third-party sites to the services, although we are under no obligation to do so.

INTERACTIVE SESSIONS

Some parts of Our Services can be interactive, and Happy Aura, in any circumstance, is not responsible for the content, information, or actions of You and/or other third parties. You are solely responsible for Your interactions and communications with the Practitioner(s) including any sensitive personal information provided by You to the Practitioner(s), and any other parties with whom You interact or communicate with through the Services provided. You shall not use the platform except strictly for the purposes specifically laid down in these Terms of Service.

Your session may be recorded for training and educational purposes, in case you wish to opt out of this, please inform the Practitioner prior to the commencement of the session. If at any point during your session, you wish to stop the recording, you may do so by informing the Practitioner or deselecting the record session option on the Website if provided.

INTELLECTUAL PROPERTY

Happy Aura owns all rights, titles, and interests (including patent rights, copyrights, trade secret rights, trademark rights, and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, designations, designs, know-how, the content of the Website, video recordings, ideas, and information, google text chats which are the subject matter of services (collectively referred to as “Intellectual Properties”).

CONFIDENTIALITY

The User agrees to keep all technical and non-technical information, which Happy Aura may have acquired before or after the date of this Agreement in relation to the technology, customers, business, operations, financial conditions, assets, or affairs of the other Party resulting from negotiating this Agreement; or exercising its rights or performing its obligations under this Agreement; or which relates to the contents of this Agreement (or any agreement or arrangement entered into pursuant to this Agreement), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products, and Services of Happy Aura confidential or any other information designated as confidential from time to time.

It is hereby clarified that any consultations with the Practitioner(s) via voice or video calls shall not be recorded or broadcast by the User or Happy Aura, except with the consent of the User, and shall be used only for training the Practitioners and educational purposes as mentioned herein.

Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which:

Was known by the User prior to receiving the confidential information from Happy Aura;
Becomes rightfully known to the User from a third-party source not known (after diligent inquiry) by the User to be under an obligation to Happy Aura to maintain confidentiality;
Is or becomes publicly available through no fault of or failure to act by the User in breach of this Agreement;
Is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.

TERMINATION

These Terms of Service are effective unless and until terminated by either You or Happy Aura. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use Our Services, or when You cease using Our Website and Our Services.

If You fail to comply, or Happy Aura suspects that You have failed, to comply with any term or provision of these Terms of Service, we reserve the right to terminate these Terms of Service at any time without notice. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny access to Our Services (or any part thereof).

In the event of any termination of this Agreement, the User shall promptly and forthwith make payments accrued or due to Happy Aura.

Upon termination of this Agreement, any rights or obligations of the User existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this agreement and such other provisions as specifically identified in this Agreement, shall survive.

PAYMENTS AND REFUNDS

For the online consultation services provided by Happy Aura, the User pays consultation charges as per the quotation displayed on the Website and/or third-party payment gateway. You will be redirected to a third-party payment gateway where the payment is made along with applicable taxes and other charges (including but not limited to credit cards, debit cards, and internet handling charges, if any) as duly charged by such a third-party payment gateway.

In agreeing with these Terms of Service, You acknowledge that multiple payment options such as debit/credit card, net banking, Unified Payments Interface (UPI), etc. are made available at the time of making the transaction. You further agree and acknowledge that Happy Aura is not responsible or assumes any liability in respect of any loss or damage arising directly or indirectly to You due to any payment issues arising out of any transaction on the third-party payment gateway.

Happy Aura reserves the right, but is not obligated to facilitate and support You, in mutually resolving any transaction failure or such other payment issues faced by You; provided, however, that You ensure and take all reasonable efforts to immediately contact, co-operate with and notify Happy Aura regarding the payment issues faced.

Happy Aura reserves the right to amend the pricing, pricing bands, or structure in any transaction that falls within respect to this Agreement from time to time for any reason whatsoever. This clause is subject to due notification of such amendment to the User (direct notification or via Happy Aura’s Website) and the User specifically disclaims any and all rights that vest upon him/her under any contract, law, or equity in this regard.

REFUND POLICY

Happy Aura is not liable to refund the invoice amount if:

The technical/support team of Happy Aura is helping to resolve the issues You face, and
There are any other circumstances which at the sole discretion of Happy Aura is considered to be a non-refundable event.

In the event that the invoice amount has been initiated for eligible returns, the amount is expected to reflect in Your account in 15 working days.

NO WARRANTIES

The materials on Happy Aura’s Website are provided “as is”. Happy Aura makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Happy Aura does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.

For the duration of the term of this Agreement, the platform/Website shall be maintained by Happy Aura and it shall make its best efforts to deal with any technical issues affecting the platform/Website (such as, for instance, the platform becoming inoperative). Happy Aura does not warrant that the User will be able to use the platform/Website at all times or locations on the platform/Website or that the platform and the Services provided through the platform/Website will be uninterrupted or error-free.

The materials as appearing on the Website may contain typographical errors, inaccuracies, or omissions. Happy Aura reserves the right, although it is under no obligation to do so, to correct any errors, inaccuracies, or omissions, and to change or update information or material as appearing on the Website at any time without prior notice.

INDEMNITY

You shall indemnify and hold harmless Happy Aura, its owner, licensee, affiliates (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Service, Privacy Policy and other terms and conditions, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of Happy Aura and/or third party, including but not limited to any damages caused to the brand image of Happy Aura by means of posting wrong/obscene/ deteriorating/decadence posts/video on social media sites/blogs.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HAPPY AURA BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF SERVICE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

These Terms of Service are also subject to Happy Aura’s Privacy Statement, a link to which can be found by selecting “Privacy Policy” in the footer of Happy Aura’s Website.

UPDATES

Happy Aura reserves the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time without any prior written notice to You. We encourage You to regularly refer to these Terms of Service to educate Yourself on any updates.

By agreeing to these Terms of Service, You agree that Your continued use of the Website following the posting of changes means that You accept and agree to the revisions and updates made by Happy Aura on its Terms of Service and Privacy Policy.

Your compliance with these Terms of Service grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

SEVERABILITY

If any of these terms should be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Service shall survive, remain in full force and effect, and continue to be binding and enforceable.

FORCE MAJEURE

If the performance of Happy Aura’s obligations hereunder is prevented, restricted, or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of Happy Aura, or an act of God (each a “Force Majeure Event”), then Happy Aura shall be excused from such performance to the extent of such prevention, restriction, or interference; provided, however, that Happy Aura shall give prompt notice within a period of seven (7) business days from the date of occurrence of the Force Majeure Event and providing a description to the User of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay caused by the Force Majeure Event; and provided further that Happy Aura shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.

If Happy Aura’s performance of its obligations under this Agreement is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, Happy Aura may terminate these Terms of Service or suspend its Services or use of the Website without incurring any charges.

NON-ASSIGNMENT

You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.

GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

These Terms of Service are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Website, shall be subject to the jurisdiction of the courts at Bangalore, India.

SUPPORT

Happy Aura offers an email, calling, and in-app-based support system. In case You require any assistance or support, You may access support resources or contact Our support by calling at ‪+91 96772 89209‬ or use the “Contact Us” function on the Platform or email at happyaura.in@gmail.com. Happy Aura provides support on Monday – Friday between the hours of 10 a.m. – 6:30 p.m. IST (except public holidays).

The User agrees and acknowledges that Happy Aura shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by Happy Aura, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by Happy Aura. Any suggestions by Happy Aura regarding the use of the Service shall not be construed as a warranty.

In furtherance of the Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E-Commerce) Rules 2020 (“E-Commerce Rules”) a nodal officer is appointed to ensure compliance with the Consumer Protection Act and the E-Commerce Rules.

The details of the grievance officer to which consumer grievances can be redressed are as follows:

Name: Dr. Priyanka K Contact Details: happyaura.in@gmail.com Phone: ‪+91 96772 89209‬ Designation of such officer: Grievance Officer

Happy Aura shall revert to every complaint within 48 hours of receipt of the complaint. Further, Happy Aura shall take the best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Happy Aura regarding the use of the Services shall not be construed as a warranty.

GRIEVANCE OFFICER

In accordance with the Information Technology Act 2000, Information Technology (Intermediary Guidelines) Rules, 2011 and rules made thereunder, if a User has any questions concerning the Platform, this Agreement, the Services, or anything related to any of the foregoing, the name and contact details of the Grievance Officer are provided below.

Name: Dr. Priyanka K Phone: ‪+91 96772 89209‬ Email: happyaura.in@gmail.com Designation: Grievance Officer

The grievance officer shall revert to every complaint within 24 hours of receipt of the complaint. Further, Happy Aura shall take the best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Happy Aura regarding the use of the Services shall not be construed as a warranty.