THAP Terms & Conditions:

 

Definitions

 

Company

“THAP”, “The Happiness Project”, “Happiness Blueprint Private Limited”, “Company”, “Firm”, “we”, “our”, “us”, “Service Provider” or similar terminology are all in reference to Happiness Blueprint Private Limited as a provider of Services for the remainder of this document.

 

User

“Client”, “user”, “you”, “your” or other similar terminology are all in reference to you, as the user of the website, mobile application(s) and as a recipient of our Services and resources for the remainder of this document.

 

Platform

“Platform” or similar terminology are all in reference to any mobile app, website or web links that the User can employ to access Services provided by the Company.

 

Psychological Wellness Professional

“Psychological Wellness Practitioner”, “Psychological Wellness Professional”, “Wellness Professional”, “therapist”, “wellness advisor”, “expert”, “doctor”, “consultant”, “counsellor”, “coach”, “happiness coach”, “psychologist”, “therapist” or similar terminology are all in reference to the Psychological Wellness Practitioner.

 

Nature of service

THAP is a platform for psychological wellbeing that provides emotional wellness products and services to individuals and businesses. These include, but are not limited to, corporate wellness programs through which employees of organizations have access to a variety of goods and services. 

 

• Online and in-person consultations with qualified Psychological Wellness Professionals 

• Psychological self-evaluations and psychological examinations

• Self-Therapy modules

• Workshops and/or webinars presented by qualified Psychological Wellness Experts

• Self-help resources, content, and programs accessible via several media, including but not limited to websites, mobile applications, and emails

• Guide chat bundles that enable clients to exchange encrypted private messages with their Psychological Wellness Professional, in addition to online counselling.

• Participation in user forums, topics, replies, comments, feedback, blogs, and other submissions on the platform; THAP has the right to add or withdraw items and Services without prior notice. The aforementioned shall hereafter be known as "Services."

The aforementioned shall hereinafter be referred to as “Services”.

 

Disclaimer

 

THAP does not handle psychological or medical emergencies. We are not equipped to provide assistance in crisis situations, such as when a person is having suicidal or self-harming ideas or is exhibiting symptoms of severe clinical disorders such as schizophrenia or other psychotic ailments. In these circumstances, medical intervention in person is the most suitable type of assistance.

 

If you are experiencing any of these challenges, are pondering or contemplating suicide, or feel that you are a danger to yourself or others, we urge you to get treatment at the nearest hospital or emergency room, where you can speak with a psychiatrist, social worker, or therapist in person. The same holds true for any medical or mental health emergency. We highly recommend that you involve a supportive family member or close friend.

 

User Agreement

 

By visiting and/or availing themselves of any Services and/or products and/or resources from THAP, the user certifies that they are at least 18 years old, are not incompetent to contract under the Indian Contract Act of 1872, and are legally able to make their own decisions. The user also accepts and agrees to our Terms and Conditions (henceforth referred to as "User Agreement") and any additional terms and policies referenced herein and/or accessible via hypertext links.

 

Please carefully read the User Agreement. The terms of the User Agreement are applicable when you use or obtain Services, resources, or any other platform-based product. Access to the Service/platform via any medium, including mobile phones, smartphones, and tablets, is also subject to the provisions of the User Agreement.

 

We reserve the right to add, amend, or remove elements of the User Agreement without prior notice at any time throughout the agreement's term. Continued use of the THAP platform, as well as the purchase of any Service, resource, or product, constitutes a binding legal agreement between the user and THAP. The user is responsible for reviewing the User Agreement from time to time. Continued use of the platform following a change to the User Agreement will be construed as acceptance of the amended terms.

 

The Application Of Terms

The User Agreement's general terms and conditions are applicable to all existing and future agreements between the user and THAP.

This User Agreement applies to all platform users, including, but not limited to, browsers, vendors, customers, merchants, and/or content creators.

By utilizing any of our Services, the user irrevocably accepts and agrees to adhere by the terms of the User Agreement, Terms of Service, and Privacy Statement, as well as all other rules indicated above. The User Agreement supersedes any prior verbal or written terms and conditions that you may have received.

 

Dissolution of Agreement

The user is permitted to terminate the User Agreement at any time during its term, provided that any due payments are settled, if applicable. After termination of the User Agreement, there may still be some information about the user stored on our systems. If the user wishes to have this information removed, they must contact their organization to make the request to THAP if they are accessing THAP through a third party or organization. If a user has registered directly on our platform, they can contact THAP at support@thap.app. THAP will try to process any such requests within fourteen business days, in accordance with our Privacy Policy and subject to all applicable laws.

Throughout the duration of the User Agreement, THAP has the option to terminate the agreement for any reason. Any payments due to THAP must be paid in full within thirty days of the termination of the User Agreement. THAP will process any payments due to the user in accordance with our Refund Policy.

 

Terms of Use 

 

Throughout the User Agreement, it is expressly stated, understood, and agreed upon by you (user) that you will adhere to the following terms of service.

You are at least 18 years of age, not otherwise incompetent to contract under the Indian Contract Act, 1872, and that your use of the platform shall not violate any applicable law or regulation; All registration information you submit - either to us directly or through your organization - is truthful and accurate, and you agree to maintain the accuracy of such information; Your use of the platform is solely for your personal and non-commercial use. Use of this platform or its content for commercial purposes is strictly banned. Your personal and non-commercial use of this platform is subject to the following restrictions: You shall not modify any platform content; You shall not decompile, reverse engineer, or disassemble the content; You shall not delete or modify any content of the platform and/or Services, including but not limited to legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to use.You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contents on the platform through which the Service is provided, without express written permission by THAP. You shall not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the platform. 

 

You recognize that when you click on a link that takes you away from the platform, the site you visit is not under the control of the Company and that different terms of service and privacy policies may apply. By accessing links to other websites, you accept that the Company is not liable for the content of those sites. The Company reserves the right to disable links from third-party websites to the platform, but is not required to do so.

You agree to timely payment of any applicable fees. In the event of late payment, THAP maintains the right to assess a fee or interest on the unpaid balance.You are responsible for verifying the required technical specifications prior to booking a session or utilizing the other digital offerings.

 

You may not host, display, upload, modify, publish, transmit, update, or share any information that: 

belongs to another person and to which you do not have the right; deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or threatening in nature; or threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign nations, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

Intellectual Property

 

The platform's content is provided for informational purposes only. THAP disclaims all liability for any loss or damage resulting from reliance on any portion of the platform. The content of third parties that appears on the platform is the property of their respective owners, and THAP does not assert any rights over it. THAP uses this third-party content in accordance with the fair use provisions of Indian copyright law and the applicable provisions of other jurisdictions. THAP asserts ownership of the remainder of this document's copyright. Without the express written permission of THAP, no information, content, or material from the platform and/or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

 

User Content

By submitting any text, links, images, sound recordings, audiovisual material, pictures, graphics, logos, trademarks, or any other material, content, data, or subject matter (collectively, "Content") for inclusion in the platform, user forums, topics, replies, comments, feedback, and any other submissions, you represent and warrant to THAP that: 1. You are the sole and exclusive owner of all right, title, and interest in and to the Content, or that you are authorized or licensed to submit the Content

2. The Content and all other materials you provide pursuant to this Agreement, as well as all materials to which the Content links, (i) complies with all provisions of these Terms and conditions and the User Agreements, (ii) does not infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, (iii) does not involve or promote tobacco, alcohol, or pornographic products or services (which THAP has complete discretion to define), and (iv) is not unlawful, harmful, threatening, abusive, harassing, defamatory, disparaging, obscene, libelous, invasive of another’s privacy, racially or ethnically offensive, or hateful;

3. The use, reproduction, or transmission of the Content will not violate any laws; 

4. The Content is not in any way false, inaccurate, or misleading; and 

5. The Content and your products or services described or advertised by the Content, and your provision thereof, comply with all applicable laws, rules, and regulations, including the laws, rules, and regulations of the jurisdiction in which you operate and the laws of India.

By submitting Content to THAP, you acknowledge that such Content is immediately eligible for inclusion on the platform, community forums, or the Service, as applicable, and you grant, and represent and warrant that you have the right to grant, to THAP a royalty-free, fully paid, non-assessable, perpetual, irrevocable, nonexclusive, transferable, worldwide right and license (with the right to sublicense) to use, copy, perform, translate, reproduce, publish, display, and distribute such content in whole or in part.

 

Payments & Refunds

By utilizing the platform, the user agrees to pay all relevant fees and charges in advance to THAP and authorizes us to automatically deduct all applicable fees and charges from payments made when such platform services are used. In addition, the user agrees to be responsible for any telephone charges and/or internet Service fees incurred as a result of utilizing THAP Services.

THAP has the right to modify any and all aspects of its Payment policy without prior notification or obligation to users or third parties.

All cancellations and refunds will be processed in accordance with the company's Cancellation and Refund Policy mentioned in the FAQs. THAP retains the right to modify the Cancellation & Refund Policy without notice or responsibility to the user or any third party.

 

Privacy Policy

Our platform and online resources are subject to the Company's Privacy Statement. Please read the Privacy Statement thoroughly. THAP maintains the right to add, modify, or eliminate elements of the Privacy Policy without notice or liability to third parties.

 

Limitation of Liability

You are not guaranteed acceptance as a registered user of THAP or as a client by Psychological Wellness Professionals on our platform. THAP retains the right to terminate your registration at any time and without explanation.

THAP is an enabling technology that links the user to the Psychological Wellness Professional. Moreover, the professional Service is contingent on the user's disclosure of information to the Psychological Wellness Professional, and THAP does not guarantee any outcomes based on counselling and therapy. Over any period of time, THAP does not guarantee the availability of the same Psychological Wellness Professional. THAP serves exclusively as an intermediary between you and the Wellness Professional from the moment you schedule your appointment, communicating the information of your booking to both you and the Wellness Professional.

The frequency of therapy sessions will be determined by you and your Psychological Wellness Professional. We cannot guarantee that sessions will always occur at a specific frequency or on the same day of the week, but we will make every attempt to accommodate your needs.

During the course of your agreement, the Wellness Professional may judge that online counselling Services are unsuitable for some or all of your treatment needs and, as a result, decide not to provide you with online counselling Services. Similarly, the Wellness Professional is free to determine that the user requires extra assistance and may choose to bring in another Wellness Professional.

THAP makes every attempt to confirm the credentials of every certified Psychological Wellness Professional. However, THAP is not responsible for any fraudulent claims or misrepresentation of qualifications made by Psychological Wellness Professionals. THAP provides all Psychological Wellness Professionals with a profile page where they can list their education, training, experience, and specialties. It is the obligation of the Professional in Psychological Wellness to assure the correctness and dependability of such material.

All Psychological Wellness Professionals have contractual ties to THAP and are permitted to use our platform and technology to provide you with Services. THAP is not liable for their acts, recommendations, or any other information offered through our platform or otherwise. THAP shall not be held liable for any damage/loss/liability caused directly or indirectly to the user by a Psychological Wellness Professional. The user is responsible for all decisions and actions and understands that they are made independently of any representations made by THAP or Psychological Wellness Professionals. Neither THAP nor the Wellness Professional can be held liable for such decisions and acts or their consequences.

THAP does not endorse or influence any particular medical specialty, theory, opinion, attitude, or position on any subject. Except for those expressly outlined in this User Agreement, no warranty, guarantee, or conditions of any kind are created or offered for any information or advice or suggestion, whether expressed and/ or implied, oral and/ or written via any communication medium, obtained by you from THAP or through any Service and/ or resource and/ or information that THAP provides.

The Services, including content, on both the THAP platform and third-party platforms are provided for informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more comprehensive, or more timely sources of information. We are not responsible if information made accessible on the THAP and third-party platforms is not accurate, complete, or current, and you use the Services, including content, at your own risk.

This platform might contain some historical data. Historical information is inherently out-of-date and is supplied solely for your reference. We reserve the right to alter the content of this platform at any time, but we are under no obligation to do so. You acknowledge that it is your obligation to monitor platform updates. The user downloads or otherwise obtains content through the use of our Services, resources, and/or information at their own discretion and risk, and is solely responsible for any damage to their computer or other devices, as well as any loss of data or information that may result from the download of such content.

We reserve the right to modify or discontinue any aspect of the platform or the services provided by the company for any reason, without warning and without obligation to the user or any third party.

The Company does not warrant that the functions contained in the content, information, and materials on the platform and/or Services, including, but not limited to, any third-party sites or services linked to the platform and/or Services, will be uninterrupted, timely, or error-free, that defects will be corrected, or that the platform or servers that make such content, information, and materials available are free of viruses or other harmful components.

We will strive to ensure that all information is given precisely and accurately. Any content downloaded or otherwise received from the platform and/or Services is accessed at your own risk, and you are entirely responsible for any damage or loss of data to your computer system that results from such a download.

At THAP, we feel that parallel relationships between our counsellors and current or former clients are unethical. During and after our counselling work, you are prohibited from having any other sort of personal interaction with our counsellors; this includes affiliation on social and professional network websites like Facebook, Linkedin, Twitter, etc. This will ensure that our professional relationship stays transparent in the event that you decide to restart counselling or refer others to us in the future.

You hereby indemnify, defend, and hold harmless the Company, the Company's distributors, agents, representatives, and other authorized users, and each of the foregoing entities' respective resellers, distributors, Service providers, and suppliers, as well as each of the foregoing entities' respective officers, directors, owners, employees, agents, and representatives, from and against any and all losses, damages, liabilities, and costs arising from your use of the platform.

Disclaimers on Warranties

You acknowledge and agree that all interactions and issues with the Wellness Professional on the site are solely between you and the Wellness Professional. You shall not hold THAP or the Wellness Professional liable for any such interactions or related problems. THAP and/or the Wellness Professional are not liable for the outcome of any interaction between you and the Wellness Professional. You do so at your own discretion and risk if you choose to employ a Wellness Professional to provide you with Psychological wellness services. The Services and content, as well as all materials, information, products, and Services included within, are given "as is" and "as available" without any express or implied guarantees.

THAP and its licensors and affiliates expressly disclaim all express, implied, and statutory warranties with respect to the Services and content.

In addition, THAP and its licensors and affiliates disclaim all guarantees regarding the Services' security, accuracy, reliability, timeliness, and performance, or that the Services will be error-free or that errors will be rectified. No advice or information offered by breakthrough shall create any warranty unless expressly expressed herein.

We make no assurances about the accuracy of the Services, including, but not limited to, any information given through the Services or its relevance to your specific circumstances, and we cannot guarantee such accuracy.

We may grant you access to third-party tools over which we neither monitor nor have any involvement nor control. These tools may include, but are not limited to, personal evaluations, polls and their findings, etc. You understand and accept that we provide access to these tools "as is" and "as available" without any warranties, representations, or terms of any kind, as well as without any endorsement. We shall have no liability originating from or pertaining to your use of third-party tools that are optional. You are solely responsible for evaluating and agreeing to the third-party provider's terms and conditions prior to using any optional tools made available through the platform (s).

Links to unaffiliated third-party websites may be present on this platform. We are not responsible for inspecting or assessing the content or accuracy of any third-party materials or websites, nor do we warrant or assume any liability or responsibility for any such third-party materials, products, or services.

Throughout the duration of the User Agreement, we may add products/services from third-party providers to our platform. By utilizing these products/services, it is assumed that the user has read, understood, and consented to the terms and conditions of the third-party supplier. THAP shall not be held liable for any risk/damage/liability originating from the use of such third-party products, services, goods, resources, content, or any other transactions conducted in conjunction with third-party websites. Complaints, claims, complaints, and inquiries about third-party products must be made to the third-party.

 

Other Submissions, User Forums, Topics, Replies, Comments, and Feedback

If you send certain specific submissions (such as contest entries) or without a request from us you send or submit forum topics, replies, comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, by postal mail, on our social media channels, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any submissions. We are not obligated to (1) protect the confidentiality of any comments, (2) pay remuneration for any comments, or (3) react to any comments. THAP assures, subject to compliance with applicable legislation, that any communications between the user and THAP and/or the therapist within the scope of therapy  shall be kept confidential.

You agree not to seek the contact details of any other individual through our platform.

You agree that your comments will not violate any third-party rights, such as copyright, trademark, privacy, personality, or any other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor will they contain any computer viruses or other malware that could impair the functioning of the Service or any connected website or application. You may not submit comments using a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of the remarks. You are completely responsible for the accuracy of any comments you make. We assume no liability and accept no responsibility for any remarks posted by you or any third party.

We may, but are not obligated to

1.         monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.

2.         Investigate an allegation that a communication does not conform to these terms and determine in its sole discretion to remove or request the removal of the communication;

3.         Terminate a User’s access to any or all parts of the Platform upon any breach of these Term of Service;

4.         Edit or delete any communication(s) posted on the Platform, regardless of whether such communication(s) violate these standards.

We have no liability or responsibility to Users of the Platform or any other person or entity for performance or non-performance of the aforementioned activities.

Users must be aware that THAP is an interactive service and that other users may add their own comments on the platform's content. Additionally, the platform offers writings from diverse authors. These comments/posts/articles' contents and perspectives are those of their authors. Such content does not in any way express or imply the official position of THAP.

 

Entire Agreement

Our omission to exercise or enforce any right or provision of this User Agreement shall not be construed as a waiver of those rights or provisions.

This User Agreement and any policies or operating rules posted by us on this platform or with respect to the Services constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Termination

For all intents and purposes, the obligations and liabilities of the parties accrued prior to the termination date shall survive the termination of this agreement.

This User Agreement remains in effect until either you or we terminate it. You may terminate this User Agreement at any time by notifying us - directly, or if you are accessing the platform via a third-party, then through the respective third-party - that you no longer wish to use THAP's Services, or when you cease using our platform, subject to the settlement of all outstanding payments.

If, in our sole judgment, you fail to comply with any term or provision of this User Agreement or if we suspect that you have failed to comply, we may immediately terminate this agreement and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

 

Errors, Inaccuracies, and omissions 

On occasion, our platform or the Service may contain information that contains typographical mistakes, inaccuracies, or omissions that may pertain to product / Service descriptions, price, promotions, offers, etc. We reserve the right, without prior notice, to rectify any mistakes, inaccuracies or omissions in any portion of the Service or on any associated website, and to change or update information or cancel orders if any information in the Service or on any related website is erroneous at any time (including after you have submitted your order).

Unless required by law, we have no obligation to update, modify, or clarify anything included in the Service or on any connected website/mobile application/platform, including, but not limited to, price information. No mentioned update or refresh date should be considered to indicate that all information in the Service or on any site associated with the Service has been modified or updated.

 

Prohibited Uses

In addition to other prohibitions as set forth in this User Agreement, you are prohibited from using the platform or its content:

• for any unlawful purpose;

• to solicit others to perform or participate in any unlawful acts;

• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

• to submit false or misleading information;

• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

• to collect or track the personal information of others;

• to spam, phish, pharm, pretext, spider, crawl, or scrape;

• for any obscene or immoral purpose; or

• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website/mobile application/platform for violating any of the prohibited uses.

 

Disclaimer of Warranties; Liability Limitation

Our complete liability is outlined in the following terms, and your attention is drawn in particular to the contents of this clause.

• We make no assurance, representation, or warranty that your use of the Service will be uninterrupted, speedy, secure, or error-free.

• You agree to hold THAP harmless for any violation of confidentiality. If you access THAP through a third-party platform, you accept that THAP is not liable for any data breaches caused by the third-party platform's actions of commission or omission.

• We make no guarantee that the results you acquire from using the Service will be accurate or dependable.

• You agree that we may suspend the Service (or a portion thereof) for an unspecified period of time or discontinue the Service at any time, without prior notice.

• You agree that your use of the Service, or inability to utilize the Service, is at your personal risk. The Service and all products and Services delivered to you through the Service are provided "as is" and "as available" without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In all situations, our maximum liability is limited to the amount you paid, if any, for the disputed service or product.

 

In no case shall THAP, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Service or platform, even if advised of their possibility. In all cases, our maximum liability shall be limited to the amount paid by you, if at all, for Service/product in dispute

 

Indemnification

You agree to indemnify, defend, and hold THAP and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of this User Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You agree to indemnify THAP for any violation of confidentiality. If you use THAP through a third-party platform, you indemnify THAP against any data breaches caused by the third-party platform's actions or omissions.

 

Severability

In the event that any provision of this User Agreement is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of the remaining provisions.

 

Grievance Redressal

To address the grievances of the users, THAP has set up a Grievance Redressal Forum. In case you are dissatisfied with any aspect of our Services, you may contact us at support@thap.app. We assure you a time-bound response not exceeding one month from the date of your complaint.

 

Jurisdiction

Jurisdictional policies of THAP have been drafted in accordance and compliance with Indian laws. Any and all disputes arising between the user and THAP with regards to this Policy, including the interpretation of the terms of this Policy shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, India.

 

Contact Information

Registered Address: #198, CMH Road, 2nd Floor, Desk #289, Indiranagar, Bangalore – 560038

 

 

E-mail: support@thap.app

 

Ph: +91 9900228710