Terms & Conditions

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE / MOBILE APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.

Introduction

  1. This mobile application / website is owned, operated and made available by Enso Lab Innovation Pvt. Ltd. (“Company”, “we” or “us” or “our”), and includes our successors-in-interest and assignees as determined by us, at our sole discretion and without requiring any prior notice or intimation to You. “user”, “you”, “your” or other similar terminology are all in reference to you as the user of the Platform as a recipient of our products, Services and resources for the remainder of this document.
  2. Please read these Terms and Conditions (“Terms”), along with the Privacy Policy available at [Privacy Policy] and all other rules and policies made available or published on the Application as they shall govern Your use of the Application and the services provided thereunder.
  3. Your use of the Services is subject to these terms and conditions contained herein.
  4. These Terms and Conditions are an electronic record as per the Information Technology Act, 2000 (as amended / re-enacted) and the rules made thereunder (“IT Act") and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates publishing of rules and regulations, privacy policy and terms and conditions for access or usage of any application. This electronic record is generated by a computer system.

Acceptance of Terms

  1. By downloading and/or by registering or signing up for these Services, or otherwise having access to, receiving, and/or using the Application, you acknowledge that You have read, understood and consented to be governed and bound by these Terms and Conditions and the Privacy Policy. If You do not accept or agree to any part of these Terms and Conditions or the Privacy Policy, your usage of the Services will be terminated.
  2. We reserve the right to :
    1. accept or reject the request of the user(s)
    2. to create an account,
    3. terminate the account of registered User(s) for unauthorized use, or
    4. refuse the Services offered through this digital Platform due to non-availability of Services.

Nature of Service

  1. Enso Innovation lab is a wellness platform that delivers (a) emotional wellness services to individuals and organisations through certified psychologists and/or therapists and (b) psychiatric consultation services by psychiatrists, connecting users to such Wellness Professionals. The services include, but are not restricted to, corporate wellness programs through which employees of organisations avail various products and Services. The offerings may include/are:
    1. Online, face-to-face and online chat based consultation with expert Wellness Professionals (who have been authorised by Enso Innovation Lab to use the Platform for delivering their Services)
    2. Online, face-to-face and online chat based consultation and diagnostic services by psychiatrists on the Platform which may include the prescription of medication or such other treatment if determined necessary by the psychiatrist;
    3. Periodic self-assessments and psychological tests.
    4. Workshops and/or webinars delivered by trained Wellness Professionals.
    5. Self-help tools, content and programmes through a range of channels including, but not restricted to websites, mobile applications and emails
    6. Guide chat packs where in clients may be able to exchange encrypted private messages with their Wellness Professional in addition to online consultation.
    Collectively referred to as the “Services”.
    “Wellness Professional”, shall for the purposes of these Terms mean (a) a trained and certified psychologist, (b) therapist or (c) psychiatrist that is a registered medical practitioner.
  2. You agree and acknowledge that Enso Innovation Lab acts solely as an intermediary between you and the Wellness Professional, transmitting the details of your booking to you and to the Wellness Professional.
  3. Enso Innovation Lab reserves the right to add or remove products and Services from its overall offerings without prior notification.

Occurrence of Emergency Events

  1. You acknowledge that Enso Innovation Lab is not obligated to deal with medical or psychological emergencies. In such cases, you are recommended to obtain in-person medical intervention is the most appropriate form of help.
  2. If you feel you are experiencing any of these difficulties, or if you are considering or contemplating suicide or feel that you are a danger to yourself or to others, we would urge you to seek help at the nearest hospital or emergency room where you can connect with a psychiatrist, social worker, counsellor or therapist in person. The same applies in-case of any medical or psychological health emergency. We recommend you to involve a close family member or a friend who can offer support.
  3. The Platform and the Services are for non-emergency purposes only. Do not attempt to access emergency care through the Platform.
  4. The Services are not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit, or any other kind of emergency or time-critical service.
  5. The Company is not and shall not be treated as an emergency care provider at any point in time. In the event of an emergency, the Company shall not, and will not be obligated to provide any emergency services, including any medication, ambulance services, medical advice, etc. If Company becomes aware of or contemplates an emergency, Company may, at its sole discretion,
    1. inform the emergency contact (as identified by you) of the occurrence, or possibility of occurrence of such emergency, and/or
    2. intimate your healthcare provider (as identified by you) of the occurrence, or possibility of occurrence of such emergency and/or
    3. any other third party as the Company may deem necessary to contact which may include but not be limited to a user’s family members, ambulance service, hospital or any other health service provider.

Disclaimer

  1. Enso Innovation Lab does not guarantee that you will be accepted as a registered user at Enso Innovation Lab, or as a client by a Wellness Professionals on our Platform. It is clarified that a registered user shall mean any user that has registered on the Platform to avail the Services and/or products available on the Platform.
  2. Enso Innovation Lab is a platform that connects the user and the Wellness Professional. The Services is dependent on the information provided by the user to the Wellness Professional and Enso Innovation Lab does not promise any outcomes based on counselling, therapy or the psychiatry services.
  3. Enso Innovation Lab does not guarantee the availability of the same Wellness Professional over any period of time. From the moment at which you book your appointment, Enso Innovation Lab acts solely as an intermediary between you and the Wellness Professional, transmitting the details of your booking to you and to the Wellness Professional.
  4. Counselling or consultations will take place at a frequency agreed between you and your Wellness Professional. We cannot guarantee that sessions will always take place with a particular frequency or on the same day of the week but will make every effort to meet your requirements.
  5. The Wellness Professional might determine that online counselling or consultations are not appropriate for some or all of your treatment needs and accordingly may elect to not provide such counselling or consultation to you and/or may suggest alternative steps to be taken by you. Similarly, the Wellness Professional shall be at the liberty to decide that additional help is needed for the user and shall choose to bring in an additional Wellness Professional.
  6. While Enso Innovation Lab makes all efforts to verify the credentials of every Wellness Professional registered with it, you understand that Enso Innovation Lab is only an intermediary that connects you with a Wellness Professional and Enso Innovation Lab is not responsible for any misrepresentation/fraudulent credentials or claims by a Wellness Professional.
  7. Enso Innovation Lab does not assume any responsibility for the actions, advice or any other information provided by a Wellness Professional through the Platform or otherwise. Enso Innovation Lab shall not be held liable for any damage/ loss/ liability caused to the user by a Wellness Professional, either directly or indirectly.
  8. Enso Innovation Lab does not assume any responsibility for any medication prescribed by a Wellness Professional or the outcome or side effects on the user as a result of consumption of such medication.
  9. Enso Innovation Lab does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic. No warranty, guarantee, or conditions of any kind are created or offered on information or advice or suggestion, whether expressed and/ or implied, in oral and/ or written via any communication medium, obtained by you from Enso Innovation Lab or through any service and/ or resource and/ or information that Enso Innovation Lab provides, except for those expressly outlined in these Terms.
  10. The Services, including content, on both the Enso Innovation Lab Platform and third-party platforms, are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. We are not responsible if information made available on the Enso Innovation Lab and third-party platforms is not accurate, complete or current and any reliance on the Services, including content, on the Enso Innovation Lab and third-party platforms is at your own risk.
  11. This Platform may contain certain information or content which has undergone change since the time it was published. You understand that information or content on the Platform may not necessarily be current and may be updated, and you understand that we will not be liable for any delay in updating or changing such information and/or content. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform. The content that the user downloads or otherwise obtains through the use of our Services and/ or resources and/ or information is done at their own discretion and risk, and the user is solely responsible for any damage to their computer or other devices for any loss of data or information that may result from the download of such content.
  12. We reserve the right to modify or terminate any portion of the Platform or the Services offered by the Company for any reason, without notice and without liability to the user or any third-party.
  13. The Company does not warrant that the functions contained in content, information and materials on the Platform and / or Services, including, without limitation any third-party sites or Services linked to the Platform and / or Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
  14. We will endeavour to make sure all information is delivered in an accurate and correct manner. However, any material downloaded or otherwise obtained through the Platform and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
  15. At Enso Innovation Lab, we believe it is unethical for our counsellors to have dual relationships with current or former clients. You agree and acknowledge that until such time as you cease to be a registered user of the Platform, you will not contact a Wellness Professional through any medium except through the Platform.

Terms of Use

During the course of your use of the Platform and/or Services, it is expressly stated, understood and agreed by you (user) that you (user) shall abide by the following terms of use.

  1. You represent and warrant that you are 18 years of age or older, 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;
  2. You represent, warrant and covenant that all registration information you submit - either to us directly or through your organisation - is truthful and accurate and that you agree to maintain the accuracy of such information;
  3. Your use of the Platform is solely for your personal and non-commercial use. Any use of this Platform or its content other than for personal purposes is prohibited.
  4. Your personal and non-commercial use of this Platform shall be subjected to the following restrictions:
    1. You shall not modify any content of the Platform;
    2. You shall not decompile, reverse engineer, or disassemble the content;
    3. 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 modify;
    4. You shall not use the Platform and / or Services in any way that is unlawful, or harms the Company, the or any other person or entity, as determined in the Company’s sole discretion.
    5. You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contents on the Platform through which the Service is provided, without express written permission by Enso Innovation Lab.
  5. 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 and / or Services or any connected network, or otherwise interfere with any person or entity’s use of the Platform and / or the Services.
  6. You acknowledge that when you access a link that leaves the Platform, the site you enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Platform, although the Company is under no obligation to do so.
  7. You take responsibility to check the technical specifications required (including but not limited to a stable internet connection, a working videocam and a working speaker to enable you to hear the communication from the Wellness Professional) before making a booking for a session or before availing any of the other digital offerings.
  8. You may not host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and to which you do not have any right to;
    2. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; and
    3. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, 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 & Content

  1. The Company is the sole owner or lawful licensee of all the rights of the Platform its content. For the purpose of this clause, the content on the Platform includes its design, layout, text, images, graphics, sound, video, etc. as well as non-superficially visual functional elements. The title, ownership and intellectual property rights in the Platform and its content shall remain with the Company, its affiliates or licensors of the content, as the case may be.
  2. Trademark: ‘Enso Innovation Lab’ and related icons and logos are registered trademarks or trademarks pending registration in the name of the Company in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.
  3. Copyright: All content on the Platform is the copyright of the Company except the third-party content and links to third party websites on the Platform, if any.
  4. You agree and acknowledge that copying any content published by us on the Platform for any commercial purpose or for the purpose of earning profit will be a violation of the Company’s intellectual property rights and will be deemed a breach of these Terms.
  5. The information, content and material on the Platform and/or Service is provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents and partners, if any, disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;
  6. The content and material on the Platform are not medical advice and do not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition;
  7. The Company does not warrant that (i) the functions contained in any content and material on the Platform including, without limitation any third party sites or services linked to the Platform and/or that the Service will be uninterrupted, timely or error-free, (ii) the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components;
  8. Any material downloaded or otherwise obtained through the Website is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system;

Payment and Refunds

  1. By using the Platform, the user agrees to pay all applicable fees and charges upfront to Enso Innovation Lab and also authorizes us to automatically deduct all applicable charges and fees from the payments made as and when such features are accessed on our Platform. Further, the user agrees to be responsible for any telephone charges and/ or internet Service fees that may be incurred in accessing the Services.
  2. For more information on payment methods, charges and fees, the user shall refer to the Payment section on the Platform.
  3. All cancellations and refunds will be handled as per the Cancellation and Refund Policy.
  4. Enso Innovation Lab reserves the right to change any or all parts of the Cancellation & Refund Policy without notice or liability to the user or any third-party.

Indemnity

You hereby agree to indemnify, defend and hold the Company, the Company’s agents, affiliates, representatives, authorized users, employees and assigns harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Platform or Services and / or the violation of these Terms and/or Privacy Policy by you.

Limitation of Liability

  1. You acknowledge and undertake that you are accessing the Platform and using the Services at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform.
  2. To the fullest extent permitted by law, under no circumstances will the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including but not limited to damages, goodwill, data or other intangible losses, resulting from any circumstances, including:
    1. The use or the inability to use the Services;
    2. Unauthorized access to or alteration of your transmissions or data;
    3. misinterpretation of the Information, or any other content provided on the Platform or by a Wellness Professional;
    4. the unauthorized use of the Platform;
    5. lack of disclosure, or incorrect disclosure by you, of any relevant information which would alter the Services provided by a Wellness Professional;
    6. lack of disclosure, or incorrect disclosure by you, of any medical history or pre-existing health conditions. For the purposes of this clause, the term “medical history” shall mean a comprehensive personal record of the information relating to your health, including information about allergies, childhood illnesses, adult illnesses, psychiatric illnesses, accidents and injuries, surgeries, immunizations, results of physical exams and tests, information about medicines taken and health habits, such as diet and exercise, smoking, alcohol and recreational drug consumption, current and previous prescription–only medicine regimes, current and recent over-the-counter regimes, and any other factors which may be relevant in determining your overall state of health.

Disclaimer on Warranties

  1. You understand and agree that any interactions and associated issues with a Wellness Professional on the Platform, is strictly between you and the Wellness Professional. You shall not hold Enso Innovation Lab and/or the Wellness Professional responsible for any such interactions and associated issues. Enso Innovation Lab and/or the Wellness Professional is not responsible for any outcome between you and the Wellness Professional you interact with. If you decide to engage with a Wellness Professional to provide psychological wellness or psychiatry services to you, you do so at your own discretion and risk. The Services and content, and all materials, information, products and Services included therein, are provided on an “as is” and “as available” basis without warranties of any kind.
  2. Enso Innovation Lab and its licensors and affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Services and content
  3. In addition, Enso Innovation Lab and its licensors and affiliates disclaim any warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error-free or that any errors will be corrected. No advice or information provided to you by breakthrough will create any warranty that is not expressly stated in these Terms and Conditions.
  4. We make no representations concerning, and do not guarantee, the accuracy of the Services, including, but not limited to, any information provided through the Services or their applicability to your individual circumstances.
  5. We may provide you with access to third-party tools which we neither monitor nor have any control or input over. Such tools may be in the form of, but not limited to, personal assessments, polls and their results etc. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  6. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  7. Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
  8. We might incorporate products/ Services from third-party providers on our Platform. By using such products/ Services, it is understood that the user has read, understood and agreed to the terms and conditions of the corresponding third-party provider. Enso Innovation Lab shall not be held liable for any risk/ damage/ liability arising from use of such third-party products, Services goods, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Acceptance of Terms

  1. If, at our request, you send certain specific submissions (for example 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, by 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 comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  2. You agree to not seek other any other person’s contact information through our Platform.
  3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  4. We may, but have no obligation to, 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 and Conditions.
  5. Users must note that Enso Innovation Lab is an interactive Service and other users are free to post their own comments on various content of the Platform. The Platform publishes articles provided by various authors as well. The contents/viewpoints expressed in these comments/posts/articles etc. are their authors’ and such content does not indicate official position of Enso Innovation Lab, in any way, express or implied.

Entire Agreement

These Terms and any policies or operating rules posted by us on this Platform or in respect to the Services constitutes the entire agreement and understanding 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 and Conditions).

Termination

  1. In case of non-compliance with these Terms or the Privacy Policy or as a result of your use of the Platform or Services, the Company reserves the right to immediately:
    1. suspend or terminate your access to the Platform and Services with or without notice to you; and
    2. suspend or terminate provision of Services to you; and
    3. to exercise any other remedy available under law.

Grievance Redressal

  1. If you have any grievance with respect to the Platform or Services, including any discrepancies and grievances with respect to processing of information, you can contact us at: support@ensolab.in
  2. The Grievance Officer shall redress your grievances in a time bound manner not exceeding 1 (one) month from the date of receipt of grievance. Except where required by law, the Company cannot ensure a response to questions or comments regarding topics unrelated to this policy or the Company's privacy practices.
  3. If a user intends to contact the Wellness Professional such user consulted / engaged, the user can write to support@ensolab.in and specify the details of such specific Wellness Professional.

Jurisdiction

Any and all disputes arising between the you and Enso Innovation Lab with regards to these Terms, the Privacy Policy or your use of the Services, shall be governed by the laws of India.

Dispute Resolution

Any dispute, claim or controversy arising out of or relating to this Terms or Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms or Privacy Policy to arbitrate, or to your use of the Platform or the Services to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai, India. 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.

Force Majuro

The Company shall not be liable for any delays or failures in its performance hereunder resulting from circumstances or causes beyond its reasonable control, including, without limitation, force majeure acts of God, pandemic, quarantine restrictions, acts or threatened acts of terrorism, war or other violence, or any law, order or requirement of any governmental agency or authority, cyberattacks, or any unforeseen breach or failure of the Company’s computer systems or networks. In the event of such delay or failure, the Company does not have any duty to perform related responsibilities, and also has the right to cease providing the Services, suspend access to the Platform or carry out any other action as may be required, as may be determined by it in its sole discretion.

Severability

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

Notices

All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent by, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision: If to the Company:

Email: support@ensolab.in

If to you: at the email address provided by you to us when you registered as a subscriber

Waiver

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

Privacy Policy

Usage of our Platform or online resources is subject to the Privacy Policy of the Company. Please read the Privacy Policy carefully. Enso Innovation Lab reserves the right to add, change, or remove sections from the Privacy Policy without notice or liability to any third-party.

Electronic Record

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the platform