Manushee

Manushee Minds OPC Private Limited, on behalf of itself and its affiliates/group companies under the brand "Manushee" (“Manushee”), is the author and publisher of the internet resource www.manushee.com and on the world wide web, including but not limited to the Mobile Website, the other associated/ancillary applications, products, websites, and Manushee’s website managed by Manushee (together with the Website, referred to as the “Manushee’s website”).

1. NATURE AND APPLICABILITY OF TERMS

1.1. Please carefully go through these Terms of Use (“Terms”) and the privacy policy available at https://Manushee.co/privacy-policy (“Privacy Policy”) before you decide to access the Website or avail the services from the Manushee’s website made available on the Website by Manushee. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Manushee in connection with your visit to the Website and your use of the Manushee’s website (as defined below).

1.2. The Agreement applies to you whether you are:

1.2.1. Mental Health Care Professionals or other health care service providers (such as a psychologist, Practitioner, life coach, etc.) (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or

1.2.2. A Client, his/her representatives, or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or

1.2.3. Otherwise, a user of the Website (“you” or “User”).

1.3. This Agreement applies to those services made available by Manushee on the Website, which may be offered free of charge and/or for valuable consideration to the Users (“Manushee’s website”), including the following:

1.3.1. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;

1.3.2. For other Users: Facility to (i) create and maintain ‘User Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Manushee, (iii) to make sessions with Practitioners and (iv) view and use tools and resources made available on the Platform.

1.4. The Manushee’s website may change from time to time, at the sole discretion of Manushee and the Agreement will apply to your visit to and your use of the Website to avail of the Service, as well as to all information provided by you on the Website at any given point in time.

1.5. This Agreement defines the Terms of Use under which you are allowed to use the Manushee’s website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at hello@manushee.com.

1.6. By accessing the Website, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written Terms of Use (if any) communicated to you relating to your use of the Website to avail the Manushee Platform. By availing of any Service, you signify your acceptance of the terms of this Agreement.

1.7. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the agreement so modified.

1.8. You acknowledge that you will be bound by this Agreement for availing of any of the services offered by us. If you do not agree with any part of the Agreement, please do not use the Website, or avail of any services through the Manushee’s website.

1.9. Your access to the use of the Website and the Manushee’s website will be solely at the discretion of Manushee.

1.10. The Agreement is published in compliance of and is governed by the provisions of Indian law, including but not limited to:

1.10.1. The Indian Contract Act, of 1872,

1.10.2. The (Indian) Information Technology Act, 2000, and

1.10.3. The rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

1A. DEFINITIONS:

Client/ User means person signing up on Manushee which includes a Major who is over 18 Years and Minor means a person who is under the age of 18 Years.
Client/ User Data shall mean any information furnished by them on the website.
Consent means the acceptance solely after which the Client/User shall be able to access the Website.
Practitioners/ Experts shall mean any individual/individuals who are serving in Manushee as far as Mental Health is concerned.
Seller means anyone who is carrying out the activities of selling any products on Manushee.
Intermediary shall mean Manushee and any other person who is acting as a Mediator acting as a link between the Client and the Expert.
Session shall mean any activity including but not limited to therapy between the expert/s and the client/s.
“Sensitive Personal Data or Sensitive Personal Information” Sensitive Personal Information (SPI) refers to any personal data that, if disclosed or processed without consent, could cause significant harm, embarrassment, or discrimination to an individual. SPI includes information such as social security numbers, financial information, government-issued identification numbers, health records, biometric data, and information about an individual's race, ethnicity, religion, sexual orientation, or political beliefs as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.
Applicable Laws shall means the Laws of India and Karnataka and Jurisdiction shall mean Bengaluru, Karnataka.

2. CONDITIONS OF USE:

2.1. You must be 18 years of age or older to register, to visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Manushee that you are 18 years of age or older and that you have the right, authority and capacity to use the Website and the Manushee’s website available through the Website, and agree to and abide by this Agreement.

2.2. If you use the Manushee website on behalf of someone else (such as your child, minor, ward or employee) or an entity (such as your employer), you represent that you are authorised by such individual or entity to (i) accept this privacy policy on such individual’s or entity’s behalf, and (ii) consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s or entity’s information as described in this privacy policy.

2.3. Corporate User: Manushee may make available certain features and tools that permit certain Users (for example Corporate Organizations, Offices, Factories, Schools, etc.) to work with their Employees and other Users through Manushee’s website in order to provide such user with Personalized Content, Workshops, Therapies, Science-based Assistance Program with Metrics to Measure Your Organization’s Mental Health (“Corporate User”). If You are a Corporate User, you must use Manushee registration the process as applicable to Business Users from time to time. If You are a Corporate User and You register an account for an employee, You represent and warrant that You have received express consent from such employee for You to register them on Manushee’s website. Without limiting the foregoing, you further agree to be bound by these terms on behalf of such user.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

3.1. The terms in this Clause 3 apply only to Users other than Practitioners.

3.2. End-User Account And Data Privacy

3.2.1. The terms “Personal Information” and “Sensitive Personal Data or Information” are defined under the SPI Rules and are reproduced in the Privacy Policy.

3.2.2. Manushee may through the Manushee’s website, collect information relating to the devices through which you access the Website and anonymous data of your usage. The collected information will be used only for improving the quality of Manushee’s website and to build new features and services.

3.2.3. The Website allows Manushee to have access to registered Users’ email or phone number, for communication purpose so as to provide you with a better way of booking sessions and for obtaining feedback in relation to the Practitioners and their practice.

3.2.4. The Privacy Policy sets out, inter-alia:

(a) The type of information collected from Users, including sensitive personal data or information;

(b) The purpose means and modes of usage of such information;

(d) Other information mandated by the SPI Rules.

3.2.5. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

(a) the fact that certain information is being collected;

(b) the purpose for which the information is being collected;

(d) the nature of collection and retention of the information; and

(e) the name and address of the agency that is collecting the information

and the agency that will retain the information; and

(f) the various rights available to such Users in respect of such information.

3.2.6. Manushee shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Manushee or any other person acting on behalf of Manushee.

3.2.7. The User is responsible for maintaining the confidentiality of the User’s account access information and password if the user is registered on the Platform. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Manushee of any actual or suspected unauthorized use of the User’s account or password. Although Manushee will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Manushee or such other parties as the case may be, due to any unauthorized use of your account.

3.2.8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Manushee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Manushee has the right to discontinue the access of the Manushee’s website to the User at its sole discretion.

3.2.9. Manushee may use such information collected from Users from time to time for the purposes of debugging customer support related issues.

3.2.10. Integrated Service: Manushee may permit You to register for Manushee’s website through, or otherwise associate Your Manushee account with, certain third-party social networking or integrated services, such as Facebook and Google etc (“Integrated Service”). By registering for Manushee’s website using (or otherwise granting access to) an Integrated Service, You agree that Manushee may access Your Integrated Service’s account information. You agree that any Integrated Service is a Reference Site (as defined below) and You are solely responsible and liable for Your interactions with the Integrated Service as a result of accessing Manushee’s website through the Integrated Service. Manushee does not control the practices of Integrated Services, and You are advised to read the Privacy Policy and Terms of Use of any Integrated Service that You use to understand their practices.

3.3. RELEVANCE ALGORITHM: Manushee relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Manushee. Manushee will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Manushee in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioner s on the Website.

3.4. LISTING CONTENT AND DISSEMINATING INFORMATION

3.4.1. Manushee collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practise of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Manushee takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Manushee screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.4.2. Manushee’s website is provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Manushee does not provide or make any representation, warranty, or guarantee, express or implied about the Website. Manushee does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Manushee disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Manushee or any User in relation to any User or services provided by such User.

3.4.3. The website may be linked to the website of third parties, affiliates, and business partners. Manushee has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our website. Inclusion of any link on the Website does not imply that Manushee endorses the linked site. User may use the links and these services at User’s own risk.

3.4.4. Manushee assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Manushee’s website, User’s sole remedy is to discontinue using the Manushee’s website.

3.4.5. If Manushee determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Manushee reserves the right to immediately suspend your access to the Manushee’s website or any of your accounts with Manushee and makes such declaration on the Manushee’s website alongside your name/your practice name as determined by Manushee for the protection of its business and in the interests of Users. You shall be liable to indemnify Manushee for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Manushee or its Users.

3.5. BOOKING A CONSULTATION

3.5.1. Manushee enables Users to connect with Practitioners through (a) Book Now facility that allows Users book a Consultation through Manushee’s website; (b) Scheduling a Consultation over a phone call or SMS or WhatsApp; (c) tele-consultation services (chat, audio and video) which connect Users directly to the Practitioners through the Manushee’s website.

3.5.2. If a User has scheduled the consultation over a phone call or SMS or WhatsApp, and/or availed tele-consultation services(chat, audio or video), Manushee reserves the right to share the information provided by the User with the Practitioner and store such information and/or tele-consultation of the User with the Practitioners, in accordance with our Privacy Policy.

3.5.3. Without prejudice to the generality of the above, Manushee is acting as a mere facilitator and is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between the Users and Practitioners. User understands and agrees that Manushee will not be liable for:

(a) User interactions and associated issues User has with the Practitioners;

(b) the ability or intent of the Practitioners or the lack of it, in fulfilling their obligations towards Users;

(c) any wrong medication or quality of treatment being given by the Practitioners, or any negligence (medical or otherwise) on part of the Practitioners;

(d) inappropriate treatment, similar difficulties, or any type of inconvenience suffered by the User due to a failure on the part of the Practitioners to provide agreed services;

(e) any misconduct or inappropriate behaviour by the Practitioners or their respective staff;

(f) cancellation or no-show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed under, Manushee Guarantee Program.

3.5.4. All End Users, as well as the Practitioner cancellations, no show, rescheduling, shall be strictly dealt with Manushee rescheduling, refund & cancellation policy

3.5.5. Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that the same is provided in accordance with applicable law. The user, however, understands that Manushee shall not be obliged to act in such manner as may be required to give effect to the content of Users' feedback, such as suggestions for delisting of a particular Practitioner from the Website.

3.6. RESCHEDULING, REFUND & CANCELLATION POLICY

3.6.1. A minimum of 24 hours' notice is required for rescheduling or cancellation of an appointment. Without such notification, fees will be charged to the Users

as follows:

(a) Cancellations within 24 hours of the appointment: 100% of the fee payable for the session.

(b) No‐shows (missed appointment without notification): 100% of the fee payable for the session.

(c) The Client may avoid a cancellation or no‐show fee if the Parties are able to reschedule within the same week as dictated by the Practitioner schedule and availability.

3.6.2. In case of cancellation by the Practitioner, or in the event, the Practitioner with whom User has booked a paid session via the Manushee’s website, has not been able to meet the User, the User will need to write to us at hello@manushee.com OR call at +91 9901217952 within five (5) days from the occurrence of such an event; in which case, , the Practitioner shall adjust the fee paid towards a rescheduled session, as agreed to between the parties. If the client doesn’t wish to go ahead the session, 100% fee paid for the session shall be refunded to the User within the next tec (10) business days in the original mode of payment made by the User while booking.

3.6.3. To cancel or reschedule a session the User shall do so by logging into the Manushee’s website and/or write an email at (hello@manushee.com), any notification or communication beyond office hours (10 am to 6 pm) shall be treated to be made the subsequent day.

3.7. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.7.1. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals who are Mental Health Care Professionals. The provision of such Information does not create a licensed medical professional/patient relationship, between Manushee and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate mental health care services from a qualified professional.

3.7.2. It is hereby expressly clarified that the Information that you obtain or receive from Manushee, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Manushee’s website is SOLELY FOR INFORMATIONAL PURPOSES. We make no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.7.3. Manushee’s website is not for use in medical emergencies or critical health situations requiring prompt medical attention. If you are considering or contemplating suicide or feel that you are a danger to yourself or others, you must immediately, call 112, The Platform is not intended to be real-time and does not deal in emergencies. If you think you have a medical or mental health emergency, please call, or go to the nearest open hospital or clinic or emergency services.

3.8. REVIEWS AND FEEDBACK

3.8.1. By using this Website, you agree that any information shared by you with Manushee or with any Practitioner will be subject to our Privacy Policy.

3.8.2. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Manushee in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Manushee disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Manushee shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

3.8.3. Your publication of reviews and feedback on the Website is governed by Clause 8 of these Terms. Without prejudice to the detailed terms stated in Clause 8, you hereby agree not to post or publish any content on the Website that

(a) infringes any third-party intellectual property or publicity or privacy rights, or

(b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Manushee, at its sole discretion, may choose not to publish your reviews and feedback, if so, required by applicable law, and in accordance with Clause 8 of these Terms. You agree that Manushee may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

(a) Obtaining feedback in relation to the Website or Manushee’s website; and/or

(b) Obtaining feedback in relation to any Practitioners listed on the Website; and/or

(d) and you agree to provide your fullest co-operation further to such communication by Manushee.

4. TERMS OF USE PRACTITIONERS:

The terms in this Clause 4 apply only to Practitioners.

4.1. Listing Policy

4.1.1. Manushee, directly and indirectly, collect information regarding the Practitioners’ profiles, contact details, and practice. Manushee reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Manushee immediately to enable Manushee to make the necessary amendments.

4.1.2. Manushee shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines

4.1.3. Manushee shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Manushee, where the User has expressly or implicitly consented to the making of disclosures or publications by Manushee. If the User had revoked such consent under the terms of the Privacy Policy, then Manushee shall not be responsible or liable in any manner to the User for any losses, damage, injuries, or expenses incurred by the User as a result of any disclosures made by Manushee prior to its actual receipt of such revocation.

4.1.4. Manushee reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Manushee shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners are added to the Website.

4.1.5. Practitioners explicitly agree that Manushee reserves the right to publish the Content provided by Practitioners to a third-party including content platforms.

4.1.6. You as a Practitioner hereby represent and warrant that you will use the Manushee’s website in accordance with applicable law. Any contravention of applicable law as a result of your use of these Manushee’s websites is your sole responsibility, and Manushee accepts no liability for the same.

4.2. Profile Ownership And Editing Rights:

4.2.1. Manushee ensures easy access to the Practitioners by providing a tool to update your profile information. Manushee reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Manushee takes the independent decision of whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Manushee’s website and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Manushee may modify or delete parts of your profile information at its sole discretion with or without notice to you.

4.3. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MANUSHEE:

4.3.1. All Critical Content is content created by the Users of www.manushee.co (“Website”), including the End-Users. Manushee does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Manushee and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.8 and 8 of these Terms.

4.3.2. Manushee reserves the right to collect feedback and Critical Content for all the Practitioners listed on the Website.

4.3.3. Manushee shall have no obligation to pre-screen, review, flag, filter, modify, refuse, or remove any or all Critical Content from any Service, except as required by applicable law.

4.3.4. You understand that by using the Manushee’s website you may be exposed to Critical Content or other content that you may find offensive or objectionable. Manushee shall not be liable for any effect on the Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Manushee’s website at your own risk. Manushee however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.8 and 8 of these Terms.

4.3.5. Manushee will take down information under standards consistent with applicable law and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third-party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

4.3.6. If Manushee determines that you have provided inaccurate information or enabled fraudulent feedback, Manushee reserves the right to immediately suspend any of your accounts with Manushee and makes such declaration on the website alongside your name/your clinics name as determined by Manushee for the protection of its business and in the interests of Users.

4.4. Relevance Algorithm: Manushee has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the End Users. It is a pure merit driven, the proprietary algorithm which cannot be altered for specific Practitioners. Manushee shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.

4.5. PRACTITIONER UNDERTAKING:

4.5.1. The Practitioner is duly registered, licensed, and qualified to provide Mental Health Care, wellness services, as per applicable laws/ regulations/ guidelines set out by competent authorities and the Practitioner shall not be part of any the arrangement which will prohibit him/her from providing Mental Health Care Services within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.

4.5.2. The Practitioner possesses the appropriate and current level of training, expertise, and experience to provide Mental Healthcare Services in a professional manner with due skill, care, and diligence

4.5.3. The Practitioner shall maintain high standards of professionalism, service, and courtesy

4.5.4. The Practitioner understands that the Practitioner is fully liable for any violation of any local laws and regulations as may arise from providing Mental Healthcare Services.

4.6. Usage In Promotional & Marketing Materials

4.6.1. In recognition of the various offerings and services provided by Manushee to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Manushee to include a brief description of the services

provided to Practitioners in Manushee marketing, promotional, and advertising materials; (b) allow Manushee to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Manushee existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews with the news media, and providing quotes for press releases;

(e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines, etc., within product literature, e-mailers, press releases, social media, and other advertising, marketing and promotional materials.

5. MANUSHEE FEED:

5.1. These Terms of Use governing Manushee Self Care Tools/ Mental Health Gym / ‘Vent Out’ Wall /Blog and other online resources (“Manushee Feed”) apply to Users (being both end-users/Practitioners).

5.2. Manushee Feed is an online content platform available on the Website, wherein Practitioners who have created a Manushee profile can log in and post health and wellness-related content.

5.3. Practitioners can use Manushee Feed by logging in from their account, creating original content comprising text, audio, video, images, data, or any combination of the same (“Content”), and uploading said Content to Manushee’s website. Manushee shall post such Content to Manushee Feed at its option and subject to these Terms of Use. The Content uploaded via Manushee Feed does not constitute medical advice and may not be construed as such by any person.

5.4. Practitioners acknowledge that they are the original authors and creators of any Content uploaded by them via Manushee Feed and no Content uploaded by them would constitute an infringement of the intellectual property rights of any other person. Manushee reserves the right to remove any Content which it may determine at its discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright, or other proprietary rights. Practitioner agrees to absolve Manushee from and indemnify Manushee against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Manushee Feed.

5.5. Practitioner hereby assigns to Manushee, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Manushee Feed.

5.6. Manushee shall have the right to edit or remove the Content and any comments in such manner as it may deem Manushee Feed at any time.

5.7. The Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that are hateful, racially, or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Manushee reserves the right to remove any Content which it may determine at its discretion is violative of these Terms of Use or any law or statute in force at the time. Also, the Practitioner agrees to absolve Manushee from and indemnify Manushee against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on Manushee Feed.

5.8. A Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.

5.9. A practitioner shall ensure that the Content is not threatening the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order. Further, the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognizable offense or prevent investigation of any offense or insult to any other nation.

5.10. User may also use Manushee Feed in order to view original content created by Practitioners and to create and upload comments on such Content (where allowed). Furthermore, the Users may utilize the Manushee Feed to vent out their thoughts and feeling anonymous or otherwise, communicate with other users on a peer-to-peer level, indulge in conversations with Practitioners, etc. (“User Content”)

5.11. User acknowledges that the User Content reflects the views and opinions of the authors of such Content and does not necessarily reflect the views of Manushee.

5.12. User agrees that the Content they access on Manushee Feed does not in any way constitute advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve Manushee from and indemnify Manushee against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Manushee Feed.

5.13. User acknowledges that all intellectual property rights in the User Content on Manushee Feed vests with Manushee. The User agrees not to infringe upon Manushee intellectual property by copying or plagiarizing content on Manushee Feed. Manushee reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Content will be the sole intellectual property of Manushee. The User agrees not to post User Content that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright, or other proprietary rights. Manushee reserves the right to remove any User Content which it may determine at its discretion as violating the intellectual property rights of any third party. The User agrees to absolve Manushee from and indemnify Manushee against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Content.

5.14. User shall ensure that the User Content is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, or libelous in any manner. Further, User should ensure that the User Content is not invasive of any other person’s privacy, or otherwise contains any elements that are hateful, racially, or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Manushee reserves the right to remove any Content which it may determine at its discretion is violative of these Terms of Use or any law or statute in force at the time Also, the User agrees to absolve Manushee from and indemnify Manushee against all claims that may arise as a result of any legal claim arising from the nature of the User Content.

5.15. User shall ensure that the User Content is not threatening the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order. Further, the Practitioner shall ensure that the User Content will not cause incitement to the commission of any offense/s or prevent investigation of any offense or is insulting to any other nation.

5.16. CONTENT OWNERSHIP AND COPYRIGHT, CONDITIONS OF ACCESS:

5.16.1. The contents listed on the Website are (i) User-generated content, or (ii) belong to Manushee. The information that is collected by Manushee directly or indirectly from the End- Users and the Practitioners shall belong to Manushee. Copying of the copyrighted content published by Manushee on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Manushee reserves its rights under applicable law accordingly.

5.16.2. Manushee authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Website (collectively, "Manushee Content"), are the property of Manushee and are protected under copyright, trademark, and other laws. User shall not modify the Manushee Content or reproduce, display, publicly perform, distribute, or otherwise use the Manushee Content in any way for any public or commercial purpose or personal gain.

5.16.3. Users shall not access the Manushee’s website for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.

6. HEALTH RECORDS:

6.1. Manushee may provide End-Users with a facility known as ‘Records’ on the Manushee’s website. The information available in your Heath Records is of two types:

6.1.1. User-Created: Information uploaded by you or information generated during your interaction with Manushee’s website and/or Practitioner e.g.: sessions, your journal, your assignments in terms of sessions, To-Do lists, etc.

6.1.2. Practitioner-Created: Health Records generated by your interaction with a Practitioner who uses Manushee’s website.

6.2. The specific terms relating to such Health Records are as below, without prejudice to the rest of these Terms and the Privacy Policy:

6.2.1. Your Records are only created after you have signed up and explicitly accepted these Terms.

6.2.2. Any Practice created Health Record is provided on an as-is basis at the sole intent, risk, and responsibility of the Practitioner and Manushee does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

6.2.3. Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Manushee is not liable for any an interruption that may be caused to your access to the Manushee’s website.

6.2.4. The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. Manushee is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite their best efforts.

6.2.5. It is your responsibility to keep your correct mobile number and email ID updated on the Manushee’s website. Manushee is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Manushee.

6.2.6. Manushee uses industry–level security and encryption for your Health Records. However, Manushee does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Manushee of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to hello@manushee.com.

6.2.7. If you access Health Records on behalf of someone else (such as your child, minor, ward, or employee) or an entity (such as your employer), you are deemed to be responsible for the Health Records of users and all obligations that such users would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain the prior consent of your such users and shall have the right to share, upload and publish any sensitive personal information of such users. Manushee assumes no responsibility for any claim, dispute, or liability arising from this regard, and you shall indemnify Manushee and its officers against any such claim or liability arising out of unauthorized use of such information.

6.2.8. In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.

6.2.9. You may lose your “User-created” record if the data is not synced with the server.

6.2.10. If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.

6.2.11. Manushee is not liable if, for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

6.2.12. Manushee is not responsible or liable for any content, fact, Health Records, medical deduction, or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

6.2.13. Manushee has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

6.2.14. Manushee will follow the law of land in case of any constitutional court or jurisdiction mandates to share Health Records for any reason.

6.2.15. You agree and acknowledge that Manushee may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

6.2.16. To the extent that your Records have been shared with Manushee or stored on the Manushee’s website by the Practitioners, You hereby agree to the storage of your Records by Manushee pertaining to sessions for storage of Records (as defined in clause 6) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Manushee, to the mapping of such Records as may be available in Manushee database to your User account.

7. SPECIFIC TERMS:

Users will be bound by certain additional Terms of Use and/or rules applicable and/or incentive plans and/or subscription plans and/or fair usage policy(s) etc. with respect to the use of certain specific products and features which may be posted from time to time (“Specific Terms”). All such Specific Terms are hereby incorporated by reference into the Terms.

8. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

8.1. As mandated by Regulation 3(2) of the Information Technology (Intermediaries guidelines) Rules, 2011, Manushee hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that:

8.1.1. belongs to another person and to which the User does not have any right to;

8.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.

8.1.3. Harm Minors in any way.

8.1.4. Infringes any patent, trademark, copyright, or other proprietary rights.

8.1.5. Violates any law for the time being in force.

8.1.6. Deceives or Misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

8.1.7. Impersonate another person;

8.1.8. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;

8.1.9. Threatens the Unity, Integrity, Defence, Security, or Sovereignty of India, Friendly Relations with foreign states, or public order, or causes incitement to the commission of any offense or prevents investigation of any offense or is insulting any other nation.

8.2. Users Are Also Prohibited From:

8.2.1. Violating or attempting to violate the integrity or security of the Manushee Website, or any Manushee Content;

8.2.2. Transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by Manushee;

8.2.3. Intentionally submitting on the Website any incomplete, false, or inaccurate information;

8.2.4. Making any unsolicited communications to other Users;

8.2.5. Using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website;

8.2.6. Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Manushee’s website;

8.2.7. Copying or Duplicating in any manner any of Content or other the information available from the Manushee’s website;

8.2.8. Framing or hotlinking or deep linking any Manushee Content.

8.2.9. Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

8.3. Manushee, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with an electronic signature about any such information as mentioned above shall be entitled to disable such information that is in contravention of Clauses 8.1 and 8.2. Manushee shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

8.4. In case of non-compliance with any applicable laws, rules, or regulations, or the Agreement (including the Privacy Policy) by a User, Manushee has the right to immediately terminate the access or usage rights of the User to the Website and Manushee’s website and to remove non-compliant information from the Website.

8.5. Manushee may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Manushee to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the the same level of data protection that is adhered to by Manushee as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful the contract between Manushee or any person on its behalf and the User or where the user has consented to data transfer.

8.6. Manushee respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

9. TERMINATION:

9.1. Manushee reserves the right to suspend or terminate a User’s access to the Website and the Manushee’s website with or without notice and to exercise any other remedy available under law, in cases where -

9.1.1. Such User breaches any Terms of Use of the Agreement;

9.1.2. A third-party reports violation of any of its right as a result of your use of the Manushee’s website;

9.1.3. Manushee is unable to verify or authenticate any information provide to Manushee by a User;

9.1.4. Manushee has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User; or

9.1.5. Manushee believes in its sole discretion that the User’s actions may cause legal liability for such User, other Users or for Manushee or are contrary to the interests of the Website.

9.2. Once temporarily suspended, indefinitely suspended, or terminated, the User shall not continue to use the Website under the same account, a different account or reregister under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any Health Records on the Manushee’s website.

10. LIMITATION OF LIABILITY:

10.1. In no event, including but not limited to negligence, shall Manushee, or any of its Directors, Officers, Employees, Agents, or Content or Service Providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Manushee’s website, User’s provision of information via the Website lost business, or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

10.1.1. provision of or failure to provide all or any service by Practitioners to end users contacted or managed through the Website;

10.1.2. any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website;

10.1.3. any unauthorized access to or alteration of your transmissions or data; or

10.1.4. any other matter relating to the Website or the Service.

10.2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Manushee’s website exceeds, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

11. RETENTION AND REMOVAL:

Manushee may retain such information collected from Users from its Website or Manushee’s website for as long as necessary, depending on the type of information; purpose, means, and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

12. APPLICABLE LAW AND DISPUTE SETTLEMENT

12.1. You agree that this Agreement and any contractual obligation between Manushee and User will be governed by the laws of India.

12.2. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Manushee’s website or information to which it gives access, shall be determined by arbitration in India, before a sole the arbitrator appointed by Manushee. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time).

12.3. The seat and venue of such arbitration shall be Bengaluru, Karnataka. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

12.4. Subject to the above Clause 12.3, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Manushee’s website or the information to which it gives access.

13. CONTACT INFORMATION GRIEVANCE OFFICER:

13.1. If a User has any questions concerning Manushee, the Website, this Agreement, the Manushee’s website, or anything related to any of the foregoing, Manushee customer support can be reached at the following email address: hello@Manushee.co or via the contact information is available on www.Manushee.co.

13.2. In accordance with the provisions of the Information Technology Act, 2000 and Rule 3(11) of Information Technology (Intermediaries guidelines) Rules, 2011, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to the processing of information, you may communicate such grievance to the Grievance Officer who is the person designated below:

Name: Sunanda Kolhe

Address: D-705 UNESCO Appartment, IP Extension, Delhi - 110092

Phone: 9901217952

Email: hello@manushee.com

13.2.1. In the event you suffer as a result of access or usage of our Website by any person in violation of Regulation 3(2) of the Information Technology (Intermediaries guidelines) Rules, 2011, please address your grievance to the above person.

14. SEVERABILITY:

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and the intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

15. WAIVER:

No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Manushee. Any consent by Manushee to, or a waiver by Manushee of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

16. INDEMNIFICATION:

Manushee will not be responsible in the event of a Breach of Privilege between the Experts/Practitioners in the event of the same being informed to 3^rd Parties. However, Manushee reserves the right to sue either the Client or the Experts/Practitioners if the same harms the interests of Manushee. Manushee neither is Responsible nor Liable for the actions of such acts and reserves the right to initiate appropriate legal action. The Client undertakes to indemnify Manushee in the event of a breach of Privilege caused from his/her/them/they in the event of the Manushee’s name and reputation being tarnished. The Expert/Practitioner shall not be responsible or liable for the actions of their clients in the event of a Breach of Privilege by the Client and shall not be responsible either for Manushee or for the Client and the Client shall indemnify the losses in the event of the same being caused.

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