Terms & Conditions
Introduction
- This website (“com”)/ proprietary mobile application (i.e., [EITHR MINDit]) (“App”) is owned and operated by Raintree Ventures LLP, under the brand ‘Elephant In The Room Consulting’ (“Raintree” where such term shall, for the purposes of these terms and conditions, also include the affiliates of Raintree), which entity is established and duly existing under the laws of India.
- By visiting, accessing or using the Website, App (as defined below) and/or such other locations as made available from time to time, availing the services offered by Raintree (“Services”) and/or by using any Content (as defined below), you signify and shall be deemed to have read, understand and accepted to be bound by the following Terms (as defined below) with Raintree (“us”, “we” or “our”), in all respects.
- For the purpose of these Terms, wherever the context so requires “you”, “your” or “User” shall mean any natural person who uses the Platform (as defined below) for availing the Services, and who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
- Since these Terms form a legal contract between you and Raintree, it is important that you review the Terms carefully before accessing or using the Platform. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Raintree, including without limitation, the privacy policy of Raintree, which can be accessed [here] (“Privacy Policy”). Each individual availing the Services of Raintree shall be bound, in their individual capacity, by these Terms and the Privacy Policy.
Definitions
- “App” means the proprietary mobile application of Raintree (i.e., [EITHR MINDit]) and any other application as may be owned, managed and/or developed by Raintree, to which the User has been provided access.
- “Applicable Law” means all applicable Indian statutes, laws, ordinances, rules and regulations, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, judgment, decree, notifications, guidelines, codes, policies, directions, directives, including but not limited to, any license, approvals, permit or other governmental order or governmental authorization or other governmental or regulatory restriction or condition, or any similar form of decision of, or determination by, or interpretation of any governmental authority, having the force of law in India, in each case as in effect from time to time.
- “Content” means any and all information, product descriptions, material, suggestions, illustrations, opinions, notifications, circulars, images, hyperlinks, recommendation or other content hosted or published on the Platform.
- “Intellectual Property Right” means and includes any and all rights, title and interest (past, present and/or future) of any industrial or intellectual property, whether protected at common law or under statute, which includes (without limitation) any rights, title and interests in and to any and all ideas, concepts, discoveries, inventions, creations, works and know-how, Platform, information, Content, rights to derivative works including without limitation patents, trade-marks, service-marks, trade names, trade secrets, copyrights, business names, service marks, logos, design rights, registered designs, goodwill, topographies, websites, codes, systems, content, imagery, flash, creative elements, any and all intellectual property owned by Raintree and/or its licensors (as the case may be), and including all applications for the aforesaid, rights to apply and any amendments/modifications, renewals thereto, and all other intellectual property rights which shall be developed for or in connection with the Services or business.
- “Party” means either the User or Raintree and the term “Parties” means both of them, collectively.
- “Platform” means the App and/or the Website, as the case may be.
- “Terms” means these terms and conditions, as may be amended from time to time.
- “Third Party Consultant” means any consultant, doctor, counsellor, or therapist (whether in their individual capacity or through any body corporate or company who either employs or engages such persons), as may be engaged by or associated with Raintree or as may be referred to the User by Raintree in accordance with these Terms.
- “Your Content” means any audio, video, text, images, hyperlink or other material, owned by you and that you may choose to display on the Platform, at your sole risk and expense and which shall not infringe upon any third-party rights, provided however, this shall not include any content which has been used or developed from the intellectual property owned and/or licensed to Raintree.
Roles And Responsibilities
- In order to use the Platform, you may be required to provide information about yourself including your Personal Information (as defined under the Privacy Policy). You agree that any information you provide to Raintree will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own. The treatment of your Personal Information and other related information, shall be in accordance with the Privacy Policy.
- You are responsible for maintaining the confidentiality of your account details, at all times. Further, you are responsible for all the activities that occur under your account.
- The Platform may display hyperlinks that would direct you to the websites / landing page of Third Party Consultants, which you may access, at your sole discretion, requirement, risk, cost and choosing. The advice or information provided by such Third Party Consultant is provided for informational purposes only and cannot be considered as a substitute for examination by a doctor or other mental health professional. You are strongly advised against relying solely on, or make decisions based solely on our recommendations and/or the opinions or advice of any Third Party Consultant. You further acknowledge and agree that: (a) you take full responsibility for the decision to reach out to a Third Party Consultant and/or continue to interact with such person(s); and (b) neither Raintree nor any of its officers or employees shall be liable to you or any person whatsoever in relation to such recommendation or reference.
- You acknowledge that use of the Platform or the Services is not for emergencies. If you think you have a medical or mental health emergency, or if at any time you are concerned about your care or treatment, you are strongly advised to contact a medically trained professional and/or go to the nearest hospital or health care provider.
- You further acknowledge and agree that the Platform is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are likely to be a danger to yourself or others, you may discontinue use of the Services, at your discretion, and shall forthwith notify the appropriate authorities, including police and/or emergency medical personnel. If you are thinking about suicide, immediately call a suicide prevention helpline such as [ICALL – https://icallhelpline.org/] (+91-9152987821).
- Your use of any information provided on the Platform and availing of the Services provided by Raintree and/or the Third Party Consultant is solely at your own risk. Raintree is not and shall not, for any reason or in any manner whatsoever, be deemed to be a mental health establishment or be involved in the practice of medicine or the provision of medical care or mental healthcare.
- You understand that by using the Platform and/or our Services, you consent to the collection, use and disclosure of your Personal Information (as defined in the Privacy Policy) and aggregate data as set forth in our Privacy Policy.
Intellectual Property Rights
- Other than Your Content (as the case may be), Raintree and/or its licensors (as the case may be) own all the Intellectual Property Rights, in respect of the Website, App, Services and the Content. Neither Party shall gain any right, title or interest in or to any intellectual property rights of the other Party, except as expressly set forth in these Terms.
- It is hereby clarified that any modification, changes in process, customization to logic or the process or innovation shall be the sole and exclusive property of Raintree and/or its licensors (as the case may be) and the User shall have no claim, right or title to it and shall not utilize the same, except for the limited purposes as specified in these Terms.
- You are granted limited license only for purposes of viewing the Content contained on the Platform and/or availing the Services.
Restrictions
You shall use the Platform for lawful purposes only in accordance with Terms set out herein and are specifically restricted from undertaking any or all of the following:
- Storing, copying, modifying, distributing or reselling any information, audio / visual / audiovisual works, or other Content or intellectual property owned and/or licensed by Raintree, made available on the App, Website and/or through our Services.
- Using any automated tool to access or use the App, Website and/or our Services, or storing, copying, modifying, distributing, or reselling any Service or Content or intellectual property owned and/or licensed by Raintree.
- Renting, leasing, sublicensing or otherwise granting your access to our Content, Services, App and/or the Website to another person.
- Using any Service, the Website, App and/or Content for any purpose, except for your own internal use and in accordance with these Terms.
- Circumventing or disabling any digital rights management, usage rules, or other security features of our Website and/or App.
- Using your access to the Platform or our Services in a manner that overburdens or that threatens the integrity, performance, or availability of our mobile application, the Website, Content and/or our Services.
- Posting or transmitting through the Website and/or the App, any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any Applicable Law.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
- Removing, altering or obscuring any proprietary notices (including copyright and trademark notices) on any portion of our Website, App and/or any Content.
Your Content
- By displaying Your Content (if any and as may be permitted by Raintree), you grant Raintree a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list any information, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of Your Content, in any and all media.
- Your Content must be your own and must not infringe upon any third-party’s rights. We reserve the right to remove any of Your Content from the Platform at any time without notice (including in cases where there is any breach of third party rights or pursuant to any order of a governmental authority or pursuant to compliance with applicable law).
- Raintree takes no responsibility and assumes no liability for Your Content that you or any other User or third party creates, stores, shares, posts or sends through the Platform. You shall be solely responsible for Your Content (whether created individually or jointly) and the consequences of posting, publishing and/or sharing it.
- If Your Content violates these Terms, you solely bear legal responsibility for that content and Raintree shall not be liable for the same in any manner whatsoever.
No Warranties
- The Content is provided on an “as is” or “as available” basis. Nothing contained on the Platform shall be interpreted as advice and no information, whether oral or written, obtained by you from Raintree or through the Platform will create any warranty hereunder. Raintree disclaims any and all liability for any errors or omissions and does not warrant the accuracy, adequacy or completeness of any such Content. If the said Content inter alia contains any mistakes, omissions, inaccuracies and/or typographical errors, neither Raintree nor any of its stakeholders shall assume any responsibility thereof.
- Raintree reserves its right to amend the whole or any part of the Content of the Platform at any time or as and when required, at its sole discretion. The Content or the logo of Raintree and/or any of its stakeholders shall not be displayed, copied, transmitted, shared or printed in any form in part or whole without the prior written approval of Raintree. Reproduction of any Content provided on the Website and/or the App (with or without any modification) is prohibited (except with the prior permission of Raintree) and shall amount to violation of copyright and would be deemed an illegal act.
- No warranty of any kind (whether it be implied, express, statutory, or relating to non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus) is given in conjunction with any Services provided by Raintree, the Platform or the Content. Further, Raintree does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked website or service, and Raintree will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
- You understand and acknowledge that Raintree does not endorse, recommend, warrant or guarantee to the qualifications, expertise, claims, identity or background of any Third Party Consultant, or any service, advice, opinion, recommendation provided by a Third Party Consultant. Raintree shall, in no event, be liable for or have any obligations towards the User or any other person for such recommendation / reference or relating to any advice, information or details as provided by such Third Party Consultant and you agree to indemnify Raintree in relation to any loss or damage incurred by Raintree and/or its stakeholders in relation to the same. The costs and expenses in relation to such referral shall be as may be intimated by Raintree from time to time, if applicable.
- Nothing contained in these Terms, the Platform or on any third-party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any Third Party Consultant; (b) the Platform; (c) any Service or Content; or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Platform.
- Any content downloaded or otherwise obtained through the use of the Website and/or the App is downloaded at your own risk, and you will be solely responsible for any damage to your electronic system or mobile device or loss of data that results from such download or your use of the Platform. Further, Raintree shall not be held liable for any loss whatsoever incurred by you in respect of any data loss or theft due to unauthorized access to your electronic devices through which you access our Platform.
Indemnification
- You shall defend, indemnify and hold Raintree, our vendors, licensors and their respective affiliates, officers, agents, employees, representatives, and assigns, harmless from any costs, damages, loss, expenses and liability caused by your use of the Website, the App, Services and/or Content, your violation of these Terms, or your violation of any rights of a third party through use of the Website, the App, Services or Content.
- You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
Limitation Of Liability
Raintree shall not be liable for any loss or damage, including but not limited to any direct, indirect, special, economic, incidental, or consequential damages, losses or expenses arising in connection with the Website, App, Services, services provided by the Third Party Consultants, Content or the use thereof or inability to use, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Raintree has been advised of the possibility of such damages, losses or expenses.
Termination
Raintree may terminate these Terms for any reason whatsoever, at any time, at its sole discretion. Raintree reserves the right, in its sole discretion, to restrict, limit, suspend, or terminate your access to and use of the Platform and/or these Services, with or without prior notice. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms, the Privacy Policy and any other agreement entered into with Raintree in relation to the Services. You may terminate these Terms at any time by deleting your user account.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of India, and you agree to submit to the exclusive jurisdiction of the courts of Mumbai, India for the resolution of any disputes arising from the use of the Platform and/or Services pursuant to these Terms.
Grievance Redressal Officer
In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the “Grievance Redressal Officer” are provided below:
E-mail Address: contactus@eithrconsulting.com
Postal Address: 101 Notan Heights Gurunanak Road Bandra West Mumbai – 400050
Notices
- Any notice required or permitted to be given to Raintree hereunder shall be given in writing, in English, and sent or transmitted by: (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified below.
- All notices required to be given under these Terms shall be addressed to:
Name: Raintree Ventures LLP
Postal Address: 101 Notan Heights Gurunanak Road Bandra West Mumbai – 400050
E-mail Address: contactus@eithrconsulting.com
- Any notice sent in accordance hereof shall be deemed to have been received: (a) at the time of transmission, if sent by electronic mail (unless the sender has received an intimation regarding failure of transmission); (b) 5 (five) business days after the time and date of posting, if sent by a recognized courier or registered mail; and (c) at the time of delivery, if delivered personally.
Assignment
Raintree is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Survival
In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
No Waiver
No delay or omission by Raintree to exercise any right or power occurring upon any non-compliance or default by the User with respect to any of these Terms shall impair any of Raintree’s rights or power or be construed as a waiver thereof. These Terms may be waived or amended only in writing by Raintree. A waiver by Raintree of any of the covenants, conditions, or agreements to be performed by the User shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
Severability
The invalidity or unenforceability of any provisions of these Terms in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of these Terms in such jurisdiction or the validity, legality or enforceability of these Terms, including any such provision, in any other jurisdiction, it being intended that all rights and obligations of the Parties under these Terms shall be enforceable to the fullest extent permitted by Applicable Law.
Variation Of Terms
We reserve the right to make changes to these Terms at any time, as we deem fit. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. Raintree may also (but will not be obligated to) reach out to you vide the email ID provided by you at the time of signing-up on the Platform and share a copy of the revised Policy, at its sole discretion. You agree to periodically review the current version of these Terms as posted on the Website. If you do not agree with any such revised terms, please refrain from using our services and accessing the Website. In such case, kindly contact our Grievance Redressal Officer.
The updated version of these Terms will be identified by the “Revised Date” and “Version” mentioned at the bottom of this document.
Revised Date: NA
Version: [1.0]
