The Better Self website is owned and operated by Better Self Sole Proprietorship. Use of the Better Self website is subject to your acceptance of the Terms and Conditions and Disclaimer. You acknowledge that your use of, and/or access to the Better Self website constitutes your agreement to the Terms and Conditions and Disclaimer.
If you do not agree with the Terms and Conditions and Disclaimer, please exit the Better Self website now! Better Self reserves the right to amend the Terms and Conditions at any time so that your visits or access to Better Self shall be subject to those terms and conditions existing at the time of each visit. Since you are bound by these Terms and Conditions, it is recommended that you refer to them in this document and elsewhere on the Better Self website.
These Terms of Use of Better Self Platform (hereinafter referred to as the Terms of Use) is entered by and between:
- Better Self, a small proprietorship incorporated and operating under the legal acts of the Republic of Inda, registered office address at 16-D1, Green City, Pal, Surat – 395009, Gujarat(as a proprietorship), and
- User, who successfully registers with the Better Self Platform and concludes these Terms of Use electronically (hereinafter referred to as the Services Provider).
The Company and the User may hereinafter collectively be referred to as the Parties and individually as the Party
1. Definitions
1.1. Unless expressly provided otherwise or evident in the context, the capitalized terms used in these Terms of Use shall have the meaning set forth below:
Proprietorship Company – has the meaning indicated in the introductory part of these Terms of Use.
Rates – has the meaning provided in Section 4.1 of these Terms of Use.
Card – has the meaning provided in Section 4.5 of these Terms of Use.
Profile – the outcome of the User’s registration with the Platform, during which data provided by the User is recorded and the username is granted to the User. The profile is dedicated to the User for the usage of the Services.
Services – online psychological consulting of general nature.
Platform – Better Self platform, supervised and administered by the Company, which is hosted in the servers/service stations owned by the Company and intended for the provision of the Services.
Schedule – an agreement by and between the Company and the User regarding the terms and conditions for the provision of separate Services and/or terms and conditions for the provision of Services, notwithstanding how such agreement is named (including arrangement, terms and conditions, policy, etc.). The schedule is an inseparable part of these Terms of Use.
Privacy Policy – privacy policy unilaterally approved by the Company, which establishes major terms and conditions for the processing of the User’s personal data.
Terms of Use – means these Terms of Use including its schedules, any later amendments and supplements.
Password – any code created by the User or provided by the Company, which is dedicated to the Profile’s login.
Session – has the meaning provided in Section 3.2 of these Terms of Use.
Party(-ies) – has the meaning indicated in the introductory part of these Terms of Use.
Therapist – the natural person providing Services on behalf of the Company.
User – a natural person, who successfully registered with the Platform and concluded these Terms of Use electronically.
2. Subject Matter of the Terms of Use
Registration with the Platform
2.1. These Terms of Use regulate mutual rights and obligations of the Parties, arising during the usage of the Platform and Services provided by the Company. A natural person having at least 18 (eighteen) years shall have a right to conclude these Terms of Use.
2.2. These Terms of Use are concluded remotely and shall have the same legal power as the document signed with a wet ink signature (including it might be used as evidence in court or other institutions). These Terms of Use enter into force in respect of the User upon confirmation of these Terms of Use electronically during registration with the Platform and successful completion of registration procedures with the Platform. These Terms of User are valid for an indefinite period of time. The text of these Terms of Use is saved in the Platform and may be accessible in the Profile during the whole validity period of these Terms of User.
2.3. The schedule is concluded remotely during the registration with the Platform or later on and shall have the same legal power as the document signed with a wet ink signature (including it might be used as evidence in court or other institutions). The Schedule enters into force in respect of the User upon confirmation of the Schedule electronically. The text of the Schedule is saved in the Platform and may be accessible in the Profile during the whole validity period of the Schedule. In case of the discrepancies between the provision of the Schedule and provisions of these Terms of Use, the provisions of the Schedule shall prevail and govern.
2.4. The Parties hereby agree that the User is entitled to confirm concluded documents electronically.
2.5. Before starting to use the Services, the User shall register with the Platform. During the registration with Platform, the User shall follow instructions provided in the Platform. Upon completion of the registration, the Profile is created in the Platform. The User is informed about the successful registration by sending a notice to the email indicated by the User during the registration with the Platform. Upon receiving of information about successful registration with the Platform, the User is entitled to use the Services.
2.6. The Profile is personal and shall be used only by the User. The User shall not have more than one Profile.
2.7. For the performance of requirements established in legal acts, the Company shall have the right to demand from the User to provide additional information, following the informing procedure established in these Terms of Use.
2.8. The functionality and technical abilities of the Profile are unilaterally established by the Company. At any time, the Company at its own discretion shall have the right to amend the technical solution of the Services integration.
3. Usage of the Services
3.1. Following the preferences selected by the User during the registration with the Platform or later on in the Profile, the Platform automatically selects several recommended Therapists for the provision of the Services. If such recommended Therapists are not suitable for the User (or in any case later), the User is free to select any other Therapist, included in the list of the Therapists, which is accessible in the website. Among other information about the Therapists published in the Profile, language(-s) in which the Therapist is able to provide Services is indicated. The Therapist communicates with the User in one of these languages, selected by the User.
3.2. The Services shall be provided to the User via a live video chatting software available in the Platform, where the User and the Therapist see each other and talk with each other in a virtual face-to-face setting (hereinafter referred to as the Session). The ordinary length of the Session is 50 (fifty) minutes.
3.3. Upon selection of the Therapist, the User picks one of the available timings provided in the Profile and schedules desirable timing of the Session. On the scheduled timing of the Session, the User shall log in to the Profile or follow the link provided by the company via mail/text message with the device that contains a video camera.
3.4. The Parties shall cooperate during the performance of these Terms of Use. In case of arising difficulties to the proper performance of these Terms of Use, each Party shall take all measures within its control to resolve those difficulties.
4. Fee. Settlement Procedure
4.1. Services rates (fees), approved by the Company, which are published in the Profile and, under the decision of the Company, may be publicly published in the Company’s website, dedicated to the Platform, are applied to the User for the usage of the Service (hereinafter referred to as the Rates).
4.2. The Company shall have the right on its own discretion to amend Rates, having in advance informed the User about the amendment. The User shall be informed about the change of the Rates not later than 30 (thirty) calendar days before the beginning of the application of the amended Rates. The Rates for the scheduled Sessions (which were applicable at the time of scheduling) may be amended only upon receiving prior consent of the User.
4.3. The Rates include any and all taxes, related to the provision of the Services and established by Indian & foreign country law (including GST).
4.4. The Rates shall be the only remuneration to the Company for the provision of the Services and performance of these Terms of Use.
4.5. Payment for the Services shall be made by the User’s credit or debit card (hereinafter referred to as the Card) (payment is made directly from the Card). During the registration with the Platform, the User provides data of the Card requested by the Platform. Data of the Card may be changed in the Profile. After the User schedules the first Session, the amount of money corresponding to the Rates is automatically credited from the Card. In other cases, after the User schedules Session, the amount of money corresponding to the Rates is automatically credited from the Card 12 (twelve) hours before the scheduled Session. Upon making the payment (crediting the money from the Card), an email confirming successful payment is sent to the User. The invoice for the paid Services is automatically generated in the Platform. The User must ensure that the Card contains sufficient money balance for crediting of the Rates.
4.6. All payments hereunder (if any) shall be stated and paid in Indian Rupees. Each Party shall bear its own banking expenses. All amounts payable under these Terms of Use shall be deemed paid when it falls into the Party’s account.
5.Rights and Obligations of the Parties
5.1. The User has the right:
- 5.1.1. in accordance with the terms and conditions of these Terms of Use to use Services provided by the Company;
- 5.1.2. to use other rights under these Terms of Use and/or legal acts.
5.2. The User undertakes:
- 5.2.1. to pay the Rates for the Services;
- 5.2.2. to use Services personally;
- 5.2.3. to keep the Password and other Profile login data in secrecy and do not disclose this data to third parties in any manner;
- 5.2.4. no to perform any illegal actions in the Platform, as well as not to transmit or enter data that may contain a software virus or any other code, file or software, intended for obstruction, limiting or damaging functions of the Platform;
- 5.2.5. to cooperate with the Company;
- 5.2.6. to perform other obligations established in these Terms of Use and/or applicable laws
5.3. The Company has the right:
- 5.3.1. to receive the Rates for the Services;
- 5.3.2. to use other rights under these Terms of Use and/or legal acts.
5.4. The Company undertakes:
- 5.4.1. to provide Services timely and professionally;
- 5.4.2. to ensure proper operation of the Platform;
- 5.4.3. abide to the confidentiality undertakings;
- 5.4.4. to cooperate with the User;
- 5.4.5. to perform other obligations established in these Terms of Use and/or applicable laws.
6.Liability of the Parties
6.1. For the non-performance and/or improper performance of its obligations arising out of and/or related to these Terms of Use, the Parties shall be liable under the terms and conditions of these Terms of Use and/or legal acts.
6.2. Each Party shall compensate to other Party any and all direct losses, which aggrieved Party incurs due to the non-performance and/or improper performance of its obligations arising out of and/or related to these Terms of Use.
6.3. Compensation of losses does not relieve the Party from the proper performance of its obligations arising out of and/or related to these Terms of Use or removal of breaches.
6.4. The Company does not ensure uninterrupted operating of the Platform, because many factors above the control of the Company may influence its operation. The Company shall put its best efforts seeking to ensure operation of the Platform as smooth as possible, however, the Company will bear no liability for the consequences arising due to the errors of Platform’s operation if such errors arise not due to the fault of the Company. The errors of the Platform shall not be considered cases, when the Company temporally, however not longer than for 24 (twenty-four) hours, limits access to the Platform due to the Platform’s maintenance, updates or in other similar cases, if the Company informs the User beforehand in accordance with these Terms of Use.
6.5. If the User due to any reasons cancels or reschedules the scheduled Session before 12 (twelve) hours or a shorter period of time, Rates for such Session are applied and paid as for the occurred Session in accordance with terms and conditions of these Terms of Use.
7. Confidentiality. Data Privacy
7.1. The Parties undertake to keep in secrecy and do not disclose each other‘s confidential information. The information which is publicly available shall not be considered as confidential information. The obligations of the Parties in respect of the confidential information shall be valid until the confidential information becomes public, not due to the breach of the Party confidentiality undertakings.
7.2. If the User loses Password or it was disclosed not due to the fault of the User or the Company, the User undertakes to immediately change the Password and if he/she is unable to do so, the User shall immediately (however not later than within one calendar day) to inform the Company. Upon receiving notice indicated herein, the Company shall immediately stop the access to the Profile until the creation or provision of the new Password to the User.
7.3. During the registration with the Platform, the User electronically familiarizes with the Privacy Policy
8. Communication between the Parties
8.1. Basic information about occurred and upcoming Sessions is indicated in the Profile.
8.2. The User hereby expressly agree that the Company provides notices to the User:
- 8.2.1. by uploading notices in the Profile; or
- 8.2.2. by sending notices to the email indicated by the User during the registration with the
- Platform or later on indicated in the Profile; or
- 8.2.3. by sending notices by post to the address indicated by the User during the registration with the Platform or later on indicated in the Profile; or
- 8.2.4. by sending notices via SMS to the phone number indicated by the User during the registration with the Platform or later on indicated in the Profile.
8.3. All Parties’ notices must be sent in language, in which these Terms of Use were concluded.
8.4. The notice shall be deemed delivered to the User within 24 (twenty-four) hours after its uploading in the Profile or its dispatch if delivered by email or SMS. If the notice is sent by post, the notice shall be deemed delivered after 14 (fourteen) calendar days after its dispatch.
8.5. The User undertakes to regularly check his/her email account and other notices delivery means indicated in these Terms of Use. Additionally, the User undertakes to regularly follow the Profile and Company’s website dedicated to the Platform, so as to timely note notices about the amendments of these Terms of Use or other relevant information.
8.6. The User is able to receive consultation or information pertaining to any questions related to the Platform and performance of these Terms of Use by sending a request by email, indicated in the Company’s website dedicated to the Platform.
9. Cancellation, Amendment and Termination of these Terms of Use
Cancellation of the Terms of Use
9.1. The User shall have the right without indicating any reasons to cancel these Terms of Use by informing the Company within 14 (fourteen) calendar days after the conclusion of these Terms of Use. After the lapse of the term for cancelation of these Terms of Use indicated in this Section, the User is entitled to terminate these Terms of Use under the procedure laid down in these Terms of Use. The User intending to use the right to cancel these Terms of Use shall inform the Company by email. The Company shall immediately inform the User by email about the receiving of such notice.
9.2. The cancellation of these Terms of Use is the ground for the closing of the Profile. Amendment of the Terms of Use
9.3. These Terms of Use may be amended or supplemented by an arrangement of both Parties. The User shall not have the right to amend these Terms of Use unilaterally.
9.4. The Company shall have the right to unilaterally amend these Terms of Use by informing the User 60 (sixty) calendar days before the entry into force of such amendments. It is considered that the User received a notice and the amendment of these Terms of Use enters into force within 60 (sixty) calendar days after uploading such notice in the Profile, sending such notice to the User by email or other notices delivery means indicated in these Terms of Use (by post or SMS with the link to respective website).
9.5. It is considered that the User consent to the amendments of these Terms of Use if he/she until the entry into force of such amendment does not inform the Company about his/her disagreement. If the User informs that he/she disagrees with the amendments of these Terms of Use, the User is entitled to terminate these Terms of Use until the date on which respective amendments become applicable. If the User does not use his right to terminate these Terms of Use until the entry into force of the amendments, it is considered that the User consents to amendments of these Terms of Use.
9.6. The aforementioned 60 (sixty) calendar days’ notice is not applicable and the User is informed about the amendments of these Terms of Use by the means indicated in Section 8 of these Terms of Use, when
- 9.6.1. these Terms of Use are amended due to the implementation of the mandatory requirements of legal acts;
- 9.6.2. non-essential amendments of these Terms of Use are made. The non-essential amendments of these Terms of Use shall be considered amendments of style and grammar, reformulation and relocation for the clarification purposes of the sections of these Terms of Use, provision of examples and other amendments, which do not decrease, limit rights of the User, broaden liability of the User and encumber position of the User.
9.7. The User’s usage of the Services after the amendments of these Terms of Use shall be considered the User’s consent to the amendments of these Terms of Use.
9.8. The Schedules shall be amended under the procedure established in the respective Schedule. If the procedure of the amendment is not established in the Schedule, the procedure of the amendment established in these Terms of Use shall apply. Termination of the Terms of Use
9.9. The Parties shall have the right to terminate these Terms of Use in accordance with the procedure laid down in these Terms of Use and/or legal acts.
9.10. The Company is entitled to terminate these Terms of Use unilaterally by noticing the User 7(Seven) calendar days in advance. In this case, scheduled Sessions are canceled and the User shall not pay any fees for such Sessions and the Company shall not pay any sums to the User.
9.11. The User is entitled to terminate these Terms of Use unilaterally by noticing the Company 14(fourteen) calendar days in advance. In this case, scheduled Sessions are canceled and the User shall not pay any fees for such Sessions and the Company shall not pay any sums to the User.
9.12. The termination of these Terms of Use is the ground for the closing of the Profile.
9.13. The termination or other expiration of these Terms of Use shall not affect those obligations of the Parties which continue after its termination or its other expiration.
10. Governing Law. Dispute Resolutioneo Location
10.1. These Terms of Use shall be governed by and construed in accordance with laws of the Republic of India
10.2. If the User is of the opinion that the Company breached his/her rights and/or rightful interests related to these Terms of Use, he/she shall first apply to the Company and indicate his/her claims, save for the case when the User directly applies to the court. The Company shall examine the application of the User in accordance with the terms and conditions of the legal acts. If the Company’s response is not satisfactory to the User or the Company does not respond to the User within the time limit established in legal acts, the User may apply to State Consumers Right Protection Authority (Surat, Gujarat, India)
10.3. Upon failure to solve the dispute amicably or in other out-of-court manners, the disputes shall be resolved by the competent court of the Republic of India under the procedure laid down in legal acts.
11. Final Provisions
11.1. The User may not transfer any of its rights and/or obligations under these Terms of Use to third parties without the prior written consent of the Company. The Company may transfer any of its rights and/or obligations under these Terms of Use to third parties without the prior consent of the User if such transfer does not contradict with the provisions of legal acts.
11.2. If any provision of these Terms of Use is held invalid or unenforceable, the other provisions of
these Terms of Use shall remain in full force and effect.
11.3. Seeking to avoid any doubts, the Company hereby declares and the User hereby expressly confirms that he/she understands that:
- 11.3.1. The Company is not a personal health care institution.
- 11.3.2. These Terms of Use are not and shall not be considered agreement for the provision of personal health care services.
- 11.3.3. The Services are not and shall not be considered personal health care services, as well as the costs of Services, are not paid (compensated), pursuant to legal acts, from the resources of the compulsory health insurance fund, the State budget or municipal budgets.
- 11.3.4. The Company does not provide any personal healthcare services, including the Company does not carry out a psychological examination of the person, does not diagnose person’s psychological disease or disorder, does not carry out psychological intervention for curing of psychological diseases or disorders, does not prescribe pharmaceuticals for curing of psychological diseases or disorders, does not conduct psychotherapy sessions and does not provide other personal health care services, related to the curing and diagnosing of person’s psychological diseases and disorders.
- 11.3.5. The Therapists are not medical psychologists and do not carry out any activities that Exclusively falls within the competence of the medical psychologists.
11.4. These Terms of Use have been executed in the English language.
Online facilities
The information and materials on the Better Self Website, including text, graphics, links or other terms are accurate at the time of publication. The information and materials on this website is for informational and educational purposes only
Links to other websites
The website may contain links to websites operated by third parties. These linked websites are not under the control of Better Self, and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. Links are provided to you for convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Better Self. The following links to such websites is done so entirely at your own risk.
Better Self accepts no liability for any loss incurred by you directly or indirectly as a result of your reliance on information on any linked website and accepts no liability and disclaims all warranties, express or implied, regarding the purchase or use of goods or services on any linked websites.
Use of Website Content
Permission is only granted to you to display, copy, distribute, download, and print in hard copy portions of the website for the purposes of:
- distributing to clients/service providers using the website as an information/educational source for your own purposes.
You must not, without our prior written permission, exploit the website or any of its Contents for any other purpose or by any other means
Disclaimer
The information provided throughout the site is intended for educational and information purposes only. In no event shall Weaving Wellness or their collaborators be liable for any damages or consequences resulting from the direct, indirect, correct or incorrect use of the information contained on this site.
Information and materials included on the site, unless otherwise stated, are copyrighted by Better Self and other associated organizations and may be downloaded by users solely for their own personal use. Any other activity or reproduction of information and materials requires prior permission from these agencies.
The graphics and design of Better Self are the property of Better Self and may not be reproduced or distributed without permission. While we have done our best to ensure the quality of the information on this site. Still, If you have any problem with the content and service, Write us at contact@betterself.in, & All the legal & consumer dispute will get resolved in Surat, Gujarat, India judiciary section
