LAST REVISION: 15-May 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE OR USING SERVICES PROVIDED THROUGH THIS WEBSITE EACH USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS GOVERNING THE SERVICE AND WEBSITE USAGE
These Terms and Conditions, as amended from time to time, govern the usage of the Website and services offered or provided through the Website to the User by Encredia (as defined below). The User's registration, subscription or usage of the Website or any service provided through the Website shall constitute acceptance of these Terms and Conditions, as amended from time to time. The User shall be bound by these Terms and Conditions in respect of the services provided by Encredia. These Terms and Conditions and any other written agreement that the User may have with Encredia, together govern the entire relationship between the User and Encredia. In the event of a conflict between the terms of any written agreement between the User and Encredia and these Terms and Conditions, these Terms and Conditions shall prevail over the other written agreement only to the extent related to Website usage and services and the written agreement shall prevail in all other respects.
Unless the context requires otherwise, the following terms and expressions shall have the meaning set out below:
"Business Day" means a day (other than Saturday, Sunday or a public holiday declared by state or central government) on which government entities are open for general business in Karnataka, India.
"Force Majeure Event" means any event outside the control of Encredia which causes delay in or which hinders the performance by Encredia of its obligations under these Terms and Conditions and which cannot be cured by measures which might reasonably be taken in the course of the performance of its obligations under these Terms and Conditions and shall include, without limitation, any outbreak or government declared intention of war or procedures that may have the same effect on the performance of the Service, acts or veto of a government or supra-governmental body, treaties and other international agreements, strikes, lockouts or other industrial action, flood, fire, lightning, explosion, riot, epidemic or any other act of God, acts of public enemy, acts of terrorism, quarantine restriction, freight embargoes, or extraordinary meteorological or atmospheric occurrences or disturbances.
"Intellectual Property" means any and all patents, trademarks, domain names, website designs and layouts, service marks, trade names, registered designs, copyrights, database rights, business names, logos, trade secrets, technical and commercial know-how and all and any other similar type of proprietary information whether it can be registered or not.
"Personal Information" means any personally identifiable information that can be used to contact or identify the User including but not limited to name, age, date of birth, gender, relationship status etc.
"Encredia" means Encredia Consultation Services Private Limited having its registered office at T-51 Harmony Homes, 4/2 Hennur Main Road, HRBR Layout Block 3, Bangalore 560043, Karnataka, India.
"Services" means any and all services offered by Encredia through the Website including but not limited to online resources and counselling services provided by Encredia.
"Terms and Conditions" means these Terms and Conditions governing the Service and Website Usage, as amended from time to time.
"User" means any person or legal entity that accesses the Website or avails any Service provided by Encredia and shall include their successors, assigns and, in relation to its rights to use the Service, any other authorised person acting within his or her authority.
"Website" means www.Encredia.in and/or any alternative online portal registered on a separate domain as may be determined by Encredia in its sole discretion.
In these Terms and Conditions the following rules of interpretation shall apply:
(a) The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of any provision of these Terms and Conditions.
(b) Unless the context otherwise requires, words importing the singular are deemed to include the plural and vice versa.
(c) Unless the context otherwise requires, words importing a gender shall include each gender.
(d) "Including" and similar words shall not be read as words of limitation.
(e) "Writing" includes words or data displayed in an electronic medium.
(f) References to any document (including these Terms and Conditions) are references to that document as amended, consolidated, or supplemented from time to time.
(g) A reference to something being done within a number of hours or minutes shall be construed as the relevant number of hours or minutes in a Business Day.
(h) A reference to "week", "weekly", "month", "monthly", "year" and "yearly" and any other references in time shall be construed by reference to the Gregorian calendar.
(i) A reference to any Clause shall be construed as a reference to a clause of these Terms and Conditions;
3.1 Encredia will provide the Service as selected by the User through the Website as per these Terms and Conditions.
3.2 Use of the Services are completely voluntary.
3.3 Users must be at least 18 years of age or older to receive the Services provided by Encredia through the Website.
4. SCOPE AND LIMITATIONS OF SERVICE:
4.1 Encredia provides counselling services for personal, relationship, parenting, work and lifestyle related issues. Encredia cannot provide crisis intervention or support, including but not limited to suicidal crises. If such an emergency is identified, Encredia may ask the User to seek appropriate alternative treatment or medical care.
4.2 Encredia does not provide medical or psychiatric services. Encredia does not provide Services for those with severe mental health issues or current trauma. It will not provide a mental health diagnosis or prescribe medication or assist in medication management. The Users confirms and represents that they are not currently undergoing any psychiatric or other treatment which may conflict with the Services provided by Encredia.
4.3 Encredia reserves the right to refuse to provide Services at its sole discretion to any User without having to specify a reason for such refusal and shall not be liable for any losses or damages suffered by the User as a consequence of such refusal to provider Services.
4.4 Users may choose to discontinue the Services at their own discretion and also have the right to not accept the therapeutic responses of the counsellor. Users are expected to use the Services only for their own personal usage. Users must not allow others to access the Website or Services using their credentials and must not represent themselves to be anyone else nor give false or misleading information. Encredia shall not be responsible for any inadequacy of guidance or deficiency in the Services provided based on such misinformation.
4.5 While counsellors provide guidance and suggestions, it is the User's responsibility to make informed decisions and take actions using their own discretion and based on their assessment of their personal situations. Encredia shall not be liable for consequences of any actions taken during and/or after or as a result of the Services.
4.6 eCounselling offered by Encredia is asynchronous. The User understands that there will be a time lag in receiving the counsellor's response and recognizes that the Service is not appropriate for a situation in which an immediate response is required. Encredia will make every reasonable effort to respond to eCounselling messages within reasonable time frame. However, Encredia shall not be liable for problems arising out of any delay.
4.7 The resources provided on the Website are generic in nature and are intended for informational purpose only. Self-assessment tests are intended to assist in a preliminary self-understanding of the User and are not a substitute for professional assessment. Users should not base any decisions or actions on these tests alone.
5.1 Encredia takes reasonable precautions to ensure protection of User information by using a secure server, encryption technology and undertaking reasonable measures to restrict access to User's data and Personal Information. However, Encredia does not guarantee that such data and Personal Information will be secure at all times and shall not be liable for any security breaches. Users must use the Website and avail the Services at their own risk.
5.2 Encredia may be required to provide User's Personal Information to certain third parties in accordance with these Terms and Conditions including where required to be disclosed by applicable laws or regulations. Notwithstanding anything to the contrary in these Terms and Conditions, Encredia shall not be liable for any disclosure of the User's Personal Information to a third party if such disclosure is required to be made in compliance with its professional ethics, applicable laws or regulations including but not limited to disclosure of information to appropriate authorities and/or next of kin or other designated persons if in the reasonable opinion of the counsellor, the User presents a risk to themselves or others. Further, usage data and information provided by the User in counselling sessions or through use of the online assessments may be used by Encredia in anonymised form for research or training purposes. No personally identifying information will be disclosed for research or training purposes. Encredia counsellors reserve the right to consult with colleagues, supervisors or other experts in the counselling profession, in the interest of providing the User with the best possible level of care and Services.
6. USER'S RESPONSIBILITY
The User must not: (a) disclose the security credentials for accessing the Website or any Service to any other person including the counsellors, any family member or friend; or (b) act with carelessness in failing to protect the security of the security credentials. The User is responsible to protect privacy of information at their end. This includes but is not limited to protecting access to their account, safe storage of their login details, restricting access to their systems and ensuring security when using a shared system. The User must be aware of risks associated with downloading or saving information on their own computers or other devices, since it will no longer be encrypted. Users must ensure adequate anti-virus protection. Users are also expected to take adequate steps to protect their privacy while engaging in counselling - for e.g. by choosing an appropriate time and place. Encredia shall not be liable for any problems arising out of technical failure that is out of Encredia' reasonable control, including but not limited to system failures, attacks on the Encredia platform, system failures or attacks on the User's personal equipment etc.
7. CUSTOMER SOLICITATION
Once registered, the User may receive communications from Encredia, its associates and partners. Unless Encredia is specifically notified of the User's desire to opt out of such communications, the User shall be deemed to have agreed to receive and continue to receive further emails, text messages or other forms of communication from Encredia, its associates and partners. The User may utilise the links provided on the Website to opt out of such communications at any time.
8. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
8.1 In addition to making Services available, the Website also offers information and marketing materials. The Website also offers information, both directly and through indirect links to third-party websites. Encredia does not always create the information offered on the Website; instead the information is often gathered from other sources. To the extent that Encredia does create the content on the Website, such content is proprietary in nature to Encredia and protected by intellectual property laws. Unauthorized use of the material shall violate copyright, trademark and/or other laws and Encredia shall be entitled to initiate legal proceedings as well as claim all losses and damages suffered by it as a consequence of such unauthorised use of its Intellectual Property. Users acknowledge that their use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to Users. Encredia does not endorse the contents on any such third-party websites. Encredia is not responsible for the content of or any damage that may result from Users' access to or reliance on these third-party websites. If Users link to third-party websites, they do so at their own risk.
8.2 Encredia has proprietary rights and trade secrets in the Services. Users may not copy, reproduce, resell or redistribute any Service provided by Encredia. Encredia also has rights to all trademarks and trade dress, designs and specific layouts of the Website, including calls to action, text placement, images and other information.
8.3 The User acknowledges that all reports, data, materials, documents or other details provided by Encredia to the User through the Website or in relation to the Service shall be the property of Encredia. Encredia (or its licensors) shall retain all right, title, and interest in and to the Intellectual Property comprising the Website, the Service and all related content, and nothing the User does on or in relation to the Website or the Service or any of the related content will transfer any of those Intellectual Property rights to the User or license the User to exercise any of those Intellectual Property rights unless this is expressly stated in writing. The User undertakes that it shall not attempt to replicate, reverse engineer or otherwise tamper, in part or in full, with the functionality of the Website.
8.4 Users are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with their normal, non-commercial, use of the Website. Users may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Encredia or the applicable third party (if third party content is at issue).
8.5 By posting, storing, or transmitting any content on the Website, Users grant Encredia a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Encredia does not have the ability to control the nature of the user-generated content offered through the Website. Users are solely responsible for their interactions with other Users of the Website and any content they post. Encredia is not liable for any damage or harm resulting from any posts by or interactions between Users. Encredia reserves the right, but has no obligation, to monitor interactions between and among Users of the Website and to remove any content Encredia deems objectionable, at Encredia' sole discretion.
8.6 Encredia is not responsible for any damages resulting from use of the Website by anyone. Users agree not to use the Website for illegal purposes. Users agree to (1) abide by all applicable laws and regulations in their use of the Website (including laws regarding Intellectual Property), (2) not interfere with or disrupt the use and enjoyment of the Website by other Users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other Users of the Website or counsellors, nor engage in any other illegal/unlawful activity.
9. WARRANTIES AND DISCLAIMER
Encredia makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website or any of the Services. Encredia shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct , indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the User or any third party, as a result of or which may be attributable, directly or indirectly, to the User's access and/or use of the Website and any information contained on the Website or any Service and the User waives any and all claims which the User may have against Encredia in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by the User or the User's dependants as a result of or which may be attributable directly or indirectly to the aforesaid. These limitations of liability shall apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, and regardless of whether either party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Encredia shall not be liable for any indirect, contingent or consequential loss (including but not limited to loss of business or loss of profits) incurred or sustained by the User or any third party howsoever arising in respect of the use of or reliance on the Website or any information offered on or via the Website or any Service.
10. LIABILITY AND INDEMNITY
10.1 Except to the extent its own fraudulent, wilful or negligent acts or omissions cause loss or damage, Encredia will not be responsible for and excludes all liability for loss or damage (including any indirect or consequential loss or damage) that the User may suffer or incur by reason or in connection with the User's use of the Website or any Service whether or not it is attributable to Encredia, its agents or employees including (without limitation):
(a) any act or omission of Encredia, its agents or employees in relation to the Service or the User's use of the Service;
(b) the inability on the User's part to access the Website or any Service through a telecommunications network or where access to the Website is overloaded, suspended, terminated or otherwise unavailable or unsatisfactory for whatever reason;
(c) if for any reason the Website or any system fails, is unavailable or does not perform as expected or required; and
(d) any other matter in respect of which liability is excluded under these Terms and Conditions.
10.2 The User hereby agrees to fully indemnify and hold harmless Encredia, its officers, employees or agents against any liability, loss, charge, demand, proceedings, cost (including legal fees), or expense, which Encredia may suffer, pay or incur howsoever arising and by whomsoever caused, whether arising directly or indirectly as a result of the User's use and operation of the Service or the User's access to the Website.
10.3 Encredia will not be responsible for any loss of or damage to the User's data, software, computer, telecommunications or other equipment's caused as a result of using the Website or any Service.
10.4 The User irrevocably agrees to release, indemnify, defend and hold harmless Encredia, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns at all times from and against all actions, suits proceedings, costs, claims, demands, charges, expenses, losses and liabilities (excluding indirect and financial losses) however arising out of or in connection with the provision of the Services, including but not limited to the following:
(a) these Terms and Conditions or the breach of User's warranties, representations and obligations under these Terms and Conditions;
(b) the Website content or User's use of the Website content;
(c) the Services or User's use of the Services;
(d) any Intellectual Property or other proprietary right of any person or entity;
(e) User's violation of any provision of these Terms and Conditions; or
(f) any information or data supplied by the User to Encredia.
10.5 When Encredia is threatened with a claim or sued by a third party, Encredia may seek written assurances from the User concerning the User's promise to indemnify Encredia. The User's failure to provide such assurances may be considered by Encredia to be a material breach of these Terms and Conditions. Encredia will have the right to participate in any defence by the User of a third-party claim related to the User's use of any of the Website content or Services, with counsel of Encredia' choice at its expense. Encredia will reasonably cooperate in any defence by the User of a third-party claim at the User's request and expense. The User will have sole responsibility to defend Encredia against any claim, but the User must receive Encredia' prior written consent for such defence and also regarding any related settlement. The terms of this clause will survive termination of any relationship between the User and Encredia under these Terms and Conditions or the User's use of the Website or Services.
11.1 By using the Website or any Service, the User agrees to the collection, use and disclosure of the User's Personal Information by Encredia. Encredia may ask the User to provide Personal Information Encredia which may then be used by counsellors to help the User more effectively and may also be used to customise resources presented to the User. Encredia may also use the Personal Information for improving the Website.
11.2 Log Data: Encredia collects information that the User's browser sends whenever the User visit the Website ("Log Data").This Log Data may include information such as the User's computer's Internet Protocol ("IP") address, browser type, browser version, the pages of the Encredia Website visited by the User, the time and date of the User's visit, the time spent on those pages and other statistics. In addition, Encredia may use third party services such as Google Analytics that collect, monitor and analyze the Log Data.
11.3 Communications: Encredia may use the User's Personal Information to contact the User with newsletters, marketing or promotional materials and other information that may be relevant for the User. Encredia may also use it to notify the User regarding the User's counselling interactions and to request for User's feedback.
11.4 Cookies: Encredia uses "cookies" to collect information. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to the User's browser from a web site and stored on the User's computer's hard drive. Users can instruct their browsers to refuse all cookies or to indicate when a cookie is being sent. However, if the User does not accept cookies, the User may not be able to use some portions of the Website.
12. AGREEMENT TO BE BOUND
By using the Website or any Service, the User shall be deemed to have read, understood and agreed to be bound by these Terms and Conditions. Encredia may from time to time, at its sole discretion, change, add, amend, supersede or supplement any or all of the provisions of these Terms and Conditions. Encredia will notify the Users of any change/amendment to these Terms and Conditions by posting the updated Terms and Conditions on the Website or by any other means it deems fit and such amendments will be effective from the date such change is posted on the Website. Such changes are deemed to be binding on the User whether or not the User has received specific notice in person of such amendments.
13.1 Force Majeure: Encredia will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to a Force Majeure Event.
13.2 Cessation of Operation: Encredia may at any time, in its sole discretion and without advance notice to the User, cease operation of the Website or a section of the Website and provision of the Services.
13.3 Entire Agreement: These Terms and Conditions comprises the entire agreement between the User and Encredia and supersedes any prior understanding, arrangement or agreements pertaining to the subject matter contained herein.
13.4 Waiver: No forbearance, neglect or waiver by Encredia in the exercise or enforcement of any right or remedy arising from any of these Terms and Conditions will prejudice Encredia' right thereafter to strictly enforce the same. No waiver by Encredia will be effective unless it is in writing.
13.5 Governing Law and Jurisdiction: The Website originates from India. These Terms and Conditions will be governed by the laws of India and any dispute arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of courts located in Bangalore, India. By using this Website or Services, the User irrevocably consents to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of these Terms and Conditions.
13.6 Limitation: The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or these Terms and Conditions must be filed within one (1) year from the date such claim or cause of action arose or be forever barred.
13.7 Termination: Encredia may, in its absolute discretion, suspend or terminate the User's access to the Website or any Service in whole or in part at any time with immediate effect without prior notification to the User, including (without limitation) where: (i) For Corporate Users, their employer terminates the contact with Encredia, or the User is no longer eligible for the Services as an employee (ii) it determines that it is necessary in order to protect the security of the Website or Service or the interests of Encredia (iiI) it reasonably believes, in its sole discretion, that the User has breached these Terms and Conditions. In all other circumstances, Encredia shall endeavour to give the User at least thirty (30) days' prior written notice of any suspension or termination of the User's use of the Service. Following termination, the User will not be permitted to use the Website or any outstanding Services. If the User's access to the Website is terminated, Encredia reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. These Terms and Conditions will survive indefinitely unless and until Encredia chooses, in its sole discretion and without advance to the User, to terminate it.
13.8 Severability: If any provision in these Terms and Conditions is found to be unenforceable, invalid or illegal, such provision will be deemed to be deleted and the remainder of these Terms and Conditions will be unaffected by such unenforceability, invalidity or illegality.
13.9 Domestic Use: Encredia makes no representation that the Website or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
13.10 Assignment: Encredia may, without any prior notice to the User, at its own discretion assign the whole or any part of its rights and obligations under these Terms and Conditions to any third party without obtaining the User's consent. The obligations of the User under these Terms and Conditions may not be assigned in whole or in part, without obtaining prior written consent of Encredia.
13.11 Release and waiver of liability. In the event the User is an employee of a company which has entered into an agreement with Encredia for providing Services to its employees and accesses the Website or avails the Services in the capacity of an employee of such company, the User acknowledges, agrees and accepts the contents of the Release and Waiver of Liability Form attached as Annexure 1 to these Terms and Conditions.
ANNEXURE 1: Release and Waiver of Liability Form ("Form")
Applicable to Users whose employer ("Company") has contracted with Encredia to provide Counselling and related services, to their personnel.
The Company has entered and executed a Consulting Service Agreement with Encredia Consultation Services Private Limited ("Consultant") to render Consulting Services such as Employee Assistance Program, Gender Diversity and Coaching to its personnel.
As an employee of the Company availing the Consulting Services provided by the Consultant under the Consulting Service Agreement, I hereby expressly agree and accept to each of the following: