Terms and Conditions
This Terms and Conditions of Use and Access (“T&C”) provides for the terms and conditions to access the online and mobile platform including its products and services, i.e. an emotional wellness application to connect users with qualified and experienced counselors (“Service Professionals”), including consulting, counseling, job search/and application, customer services, communication services and all information, tools and any other ancillary applications and services (“Services”) made available on https://heelrcare.com/ (“Application/Website”). For the purpose of T&C, “Heelr”, “We”, “Our” or “Us” shall mean Lambda Ventures, a partnership firm, having its office Address: O-433 Jalvayu Vihar Sector 30, Gurgaon, Haryana – 122001, India to render Services on the Application/Website with regard to Your (“User” or “You/you” or “Your/your”) requirement.
As used herein, “Users” shall include anyone who uses or accesses the Application/Website/ Services on any computer, mobile phone, tablet, console, or another device (collectively, “Device”). By accessing or using any version of the Application/Website, You signify that You have read, understood, and agree to be bound by these T&C, the Privacy Policy of Heelr, and any other applicable law.
1 - Change in T&C
Heelr reserve its right to update/modify/amend these T&C at any time without prior notice. Your access of the Application/Website and use of the Services following any such change constitutes Your agreement to follow and be bound by these T&C, as updated or modified. For this reason, Heelr encourages You to review these T&C each time You access and use the Services.
2 - Representations and Warranties
You represent and warrant that You, as per the applicable laws, are competent and eligible to enter into a legally binding agreement and therefore, You shall be bound by these T&C. In case the Services are to be used for the minors, a legally competent person should expressly confirm and give its consent on behalf of such minor and that the minor’s use of the Application/Website and/or the Services shall be subject to the T&C.
You further certify, warrant and represent that the Gmail address and any other information that You have provided, at the time of creating your user account, are Your own and not someone else’s and are true, accurate, current and complete.
3 - Intellectual Property Rights
This Application or Website is controlled and operated by Heelr and Services are rendered by respective Service Professionals. All of the content available on the Application/Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks, trade-names, trade secrets (“IPR”), constitute Heelr’s and its partners’ intellectual property. Copyright laws in all applicable jurisdictions protect the Services and its content.
User may access the Services, avail the features and facilities for your personal or internal requirements only. User agrees not to duplicate, distribute, create derivative works of, display, or commercially exploit the content, features, or facilities, directly or indirectly, except as expressly authorized herein. Also, You shall not attempt to decompile or reverse engineer or reverse compile our technology/ software that is available on the Application/Website or transfer the material to another person or “mirror” the material on any other server.
Heelr has the sole ownership towards the software and source code associated with the Application/Website/Services and all of the trademarks, copyright and any other intellectual property rights of any nature in the Application/Website/Services.
4 - User Account & Security
User agrees and understands that You are required to create an account on the Application to have access to the Services. For the same you can login through your Gmail address only. In any scenario, your identity shall be kept anonymous. You agree that the Gmail address provided to us while availing the facility is correct and valid. You are, therefore, responsible for maintaining the confidentiality of Your login credentials and Your account and are fully responsible for all the activities that occur under Your account. However, in case the User feels that there has been unauthorised use of its account, You agree to: (a) immediately notify Heelr of any unauthorised use of Your account or any other breach of security; and (b) ensure that You exit from your account at the end of each session. You understand that Heelr cannot and will not be held liable for any loss or damage arising from Your failure.
User agrees and understands that the deletion of the Services from the Device does not constitute termination of the account and agrees to undertake the process detailed herein in order to complete de-registration. If User is desirous of having its name and other details removed from the records of Heelr, immediately upon receiving User’s written request to that effect Heelr shall remove and/delete all such information.
5 - User Consent
Accepting these T&C, implies Your express consent to be contacted by us, our agents, representatives, affiliates, or anyone sending an email on our behalf at the Gmail address provided by You while registering Your user account. You further agree to us contacting You through email or through internet calling delivered using auto telephone dialling system or an automatic emailing system, and notifications sent via the Services.
You certify, warrant and represent that the email addresses and any other information that You have provided (at the time of creating a user account) to us are Your own and not someone else’s and are true, accurate, current and complete. You represent that You are permitted to receive emails at the email address You have provided us. You agree to notify us whenever You stop using the email address.
You further understand and acknowledge that Your Account content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Please note that the details of Mode of Payment are always encrypted during transfer over networks. Also, Heelr does not store any information regarding Mode of Payment of the User.
6 - User Guidelines
User agrees and understands that Heelr reserves the right to refuse Service to anyone for any reason at any time.
User agrees and understands not to use the Services for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&C and our Privacy Policy. User shall not use the Services in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any other server, or interfere with any other party’s use and enjoyment of the Services. User shall not attempt to gain unauthorised access to any functions and features, other user accounts, computer systems or networks connected to any other server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available to your account or through the Services.
The Services are made available to the User on non-exclusive, non-transferable, non-sublicensable and on limited licence basis for your own personal and non-commercial use alone and grants you a limited right to temporarily download the copy of the material (information or software) as seen on the Application/Website. You shall not allow third parties to: (i) make and/or distribute copies of the Services or any deliverable generated by the Services; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Services; and/or (iii) create derivative works of the Services.
User agrees and understands that any and all operations emanating from your Device shall be assumed to have been initiated by you.
User agrees and understands that they shall not copy, reproduce, distribute, or create derivative works or modify
the Services Content that is available on the Application/Website. Also, you shall not attempt to decompile or reverse engineer or reverse compile our technology/ software that is available on the Application/Website or transfer the material to another person or “mirror” the material on any other server, as may be associated with the Application/Website and/ or the Services from time to time.
User shall request Heelr to block the user account immediately for the user account if your Device has been lost or stolen. However, User understand and agree that the chats shared or information pertaining to the counsellor or appointment or any other information once downloaded in a device cannot be removed by merely blocking the account.
User agrees and understands that you are responsible for any and all activities that occur in your Account. You agree to notify Heelr immediately of any unauthorised use of the user account or any other breach of security. Heelr shall not be liable for any loss to you owing to negligent actions or a failure on your part to inform Heelr within a reasonable time, about loss or theft of your Device and/or any unauthorised access in your user account, either with or without your knowledge.
User agrees and understands that You shall be liable for losses incurred by Heelr or any other party due to a third party’s use of the user account. You shall not use any other person’s account at any time, without the permission of the account holder and Heelr.
Heelr shall make all reasonable efforts to ensure that your information is kept confidential. However, Heelr shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence, or failure on your part to practise safe computing.
User agrees and understands that You shall ensure that while using the functions and features, all prevailing and applicable laws, rules, and regulations, shall at all times, be strictly complied with by you and Heelr shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
User understands and acknowledges that upon using the Services, you authorise us to access third-party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for an account requested by you. For all purposes hereof, you hereby grant us limited powers and hereby authorise us with the full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Services, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
Heelr reserves the right to add, amend or discontinue any of its Services in the future.
7 - Mode of Payment
Heelr hereby confirms that for accessing the Application or for creating a User account or for booking an appointment with the Service Professionals, Heelr does not take any charges of whatsoever kind. You are supposed to recharge the wallet available on the Application (“Wallet”) for allowing the Application to deduct the fees of the Service Professional (“Fees”) as informed on the booking page. Heelr confirms that Fees shall be deducted only after the Service is rendered. While making the payment towards the Fees, You shall be responsible for all applicable taxes including but not limited to GST, duties, cess, etc.
At the time of recharge of the Wallet, Heelr hereby confirms that Heelr track and collect information pertaining to user interaction, such as device information whereas Heelr collect device-specific information (such as unique device identifiers, and mobile network information).
Heelr further confirms that the Wallet gets recharged through the payment gateway available on the Application. Such payment gateway is of third party, and hence, Heelr confirms that it does not restore any information of the Users pertaining to the name, card number, month and date of expiry, and CVV number.
You acknowledge that payment made towards recharging the Wallet by Internet banking/debit card/credit card/mobile wallets (“Mode of Payment”) (as applicable) will be in accordance with the applicable laws. You further, acknowledge that the Mode of Payment chosen by You, belongs to You. In case, You use a Mode of Payment that doesn’t belong to You, You shall be liable for any activities under such Mode of Payment including any fraudulent activities, and Heelr shall not be liable for any such activities. Further, Heelr shall not be liable for any charges occurring due to dishonouring of payment instructions.
In the scenario where the Services has been rendered, however, due to some technical glitch the Fees did not get deducted from the Wallet, User understands and acknowledges that such amount towards the Fees will get deducted later from the Wallet.
8 - Refund Policy
We may, in certain exceptional circumstances and at our sole and absolute discretion, refund the amount to You after deducting applicable charges and taxes, if any. Such exceptional circumstances are provided hereinbelow:
- In the event of any cancellation of appointments/meetings by a Service Professional or rescheduling of meetings by a Service Professional to a time not suitable for You, then any amount paid for the booking of such appointment/meeting shall be refunded to You. For clarity, Heelr shall not be liable to refund any amounts in the event of any unsatisfactory services from a Service Professional.
- In the event of any excess payment towards the Services has been made by You due to any technical glitch on the Application or payment gateway.
- Subject to above clause (a) above, all monies payable to Heelr by You on consummated transactions, i.e., exchange of Services for consideration, are final and non-refundable. Heelr will not be liable to process the refund of any paid amount in the event of any unsatisfactory services obtained from Service Professional(s).
User understands and agrees that a refund of any amount would require your bank account details which may be asked in case any such situation arises. Such information shall be communicated through the Gmail address as provided by you.
9 - User, Service Professionals and Heelr
User and Service Professional understand and acknowledge that Heelr does not implicitly or explicitly support or endorse the sale or purchase of any of the Services and/or Service Professionals on the Application. Heelr accepts no liability for any errors or omissions, whether on behalf of itself or third parties. User and Service Professional further understand and acknowledge that unless otherwise explicitly specified, We are not affiliated in any way to and claim no association, in any capacity whatsoever, with any organisation, association, institution, business, trust, authority, governing bodies and leagues, whether local or national or international.
WE ARE NO WAY, DIRECTLY OR INDIRECTLY RESPONSIBLE FOR THE ADVICE AND ASSISTANCE PROVIDED BY THE SERVICE PROFESSIONALS. WE ARE AN INDEPENDENT THIRD PARTY ENABLER WHO HAVE BUILT AND PROVIDED YOU WITH A PLATFORM WHERE USERS CAN COMMUNICATE WITH, AND IF NEED BE, MEET THE SERVICE PROFESSIONALS. WE DO NOT HAVE ANY CONTROL OVER THE SERVICES PROVIDED BY THE SERVICE PROFESSIONALS, AND THUS, CANNOT BE HELD RESPONSIBLE IN CASE OF ANY ISSUES/DISCREPANCIES WITH THE SERVICES PROVIDED BY THE SERVICE PROFESSIONALS.
The Platform may have multiple Service Professionals for the same practice area and there might be instances wherein a same/similar query has been answered in different ways by the Service Professional(s). We assume no liability in connection with different opinions and answers of the Service Professional(s) and encourage You to obtain a separate independent opinion or alternately decide Yourself which opinion to accept.
Heelr shall not be responsible for any non-performance or breach of any contract entered into between User and any Service Professional(s). User’s correspondence or dealings with Service Professional(s) found on or through the Application, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such Service Professional(s). Heelr cannot and does not guarantee that the concerned User(s) and/or Service Professional (s) will perform any transaction concluded on the Application. Heelr shall not and is not required to mediate or resolve any dispute or disagreement relating to the Services between User(s) or and Service Professional(s).
Heelr does not at any point of time during any transaction between User(s) and Service Professional(s) on the Application come into or take possession of any of the Services offered by Service Professional(s) nor does it at any point gain title to or have any rights or claims over the Services offered by Service Professional(s) and User(s).
At no time shall Heelr hold any right, title or interest or any obligations or liabilities in respect of such contract entered into between User(s) and Service Professional(s). Heelr shall not be responsible for the unsatisfactory or delayed performance of Services.
Heelr hereby only provides for an Application that can be utilized by User(s) to reach a larger base to offer Services and undertake communication. It is agreed that the contract for sale of any of the Services shall be a strictly bipartite contract between the User(s) and Service Professional(s).
User shall independently agree upon the manner and terms and conditions of availing the Service, and the payment towards the Service with the Service Professional (s) User transact with.
10 - Obligation under Applicable Laws
User and Service Professionals registered under Heelr application understands and acknowledges that it shall abide by the applicable regulations in India enacted towards the welfare of women and children. The same includes enactments like The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2003 and rules thereunder, Protection of Women from Domestic Violence Act, 2005 and rules thereunder, Dowry Prohibition Act, 1961 and rules thereunder, Indecent Representation of Women, The Protection of Children from Sexual Offences Act, 2012 and rules thereunder, The Prohibition of Child Marriage Act, 2006, The Juvenile Justice Care and Protection of Children Act 2000, The Mental Health Care Act, 2017, etc. (“Applicable Law”)
User further understands and acknowledges that Heelr and Service Professionals under any of the above applicable law shall have the burden of reporting such incidents as is required for protection of man, woman and children and any other gender including suspicion of physical, sexual and emotional abuse, neglect and risk of harm and life.
User further understands and acknowledges that if requested by the Government of any personal data of the User(s), Heelr as per the applicable law and as per Government’s ask, may be required to share such data with the Government, without any prior notification. Heelr further clarifies that in such a scenario, Heelr shall not be liable in relation to such disclosure.
11 - Communication
When You use the Application or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic communication and You consent to receive communications via electronic means from Us periodically or as and when required. We may communicate with you by Gmail or by any other mode of communication, electronic or otherwise.
You also acknowledge and agree that your discussion with the Service Professional shall be through the internet call and Heelr neither ask for Your telephone number nor the same shall be shared through such internet call made through the Application. Further, User understand and acknowledge that none of the verbal conversations on the Application are recorded by the Application. The only information, that is accessible to Heelr are the chat conversation between the User and the Service Professional, that are also stored in the third party server that enables the feature of chats. User understand and acknowledge that such access is important pertaining to the liability of reporting any incident with reference to Applicable Law as defined above. Heelr, hereby confirms that all the employees and professionals who can access the chats are under the contractual obligations of non-disclosure agreement with Heelr.
You hereby authorise Us to make use of email to communicate with You and others as well as to send or receive documents notwithstanding such documents may be vulnerable to being intercepted or otherwise disclosed to unintended third parties by virtue of Our inability to control the means through which such emails are transferred and stored.
12 - Accuracy of materials
The information available on the Application/Website could include technical, typographical, or photographic errors. Heelr does not warrant that any of the information available on the Application/Website is accurate, complete or current. The material and information provided on the Application/Website 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 more timely sources of information. Any reliance on the material available on the Application/Website are at Your own risk and Heelr shall not be liable for any such decision made by the User. The Application/Website may contain certain historical information, which is not current and is provided for User’s reference only. Heelr reserves the right, in our sole discretion, to modify the contents available on the Application/ Website at any time and it shall be User’s responsibility to monitor changes to the Application/Website.
13 - Third Party Links, Promotions and Advertisements
All the websites linked to the Application/Website are not verified by Heelr and inclusion of any link does not imply endorsement by Heelr and usage/ access of/ to any such linked website is at the user’s own risk.
The Application/Website may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties.
You acknowledge and agree that Heelr is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.
14 - Services by Service Professionals
Heelr only provides for a platform and acts as enablers or facilitators between the User(s) and the Service Professional(s). The opinions, statements, answers, diagnoses, counseling, etc. (collectively “Consultation”) provided by the Service Professionals via the Application/Website are solely individual and independent opinions and statements of such individuals/Service Professionals alone, and in no way reflect the opinions of Heelr, its affiliates or any other organizations or institutions Heelr to which such Service Professional is affiliated and/or provides Services. We do not recommend or endorse any specific tests, service professionals, products, procedures, opinions, or other information that may be mentioned on the Application/Website or by a licensee of Heelr. Heelr further does not promote sharing personal information such as phone number and email address with the Service Professional(s) and therefore, for any consequences, if any due to any such act of the User, Heelr shall not be liable.
User understand and acknowledge that Service Professional(s) are just counseling psychologists and hence any clinical suggestions should not be procured from the Service Professional(s). Further, the User understands and acknowledges that Heelr does not recommend any clinical suggestion being procured from the Service Professional(s) or followed by the User and hence for any such act conducted by the User, Heelr shall not be liable.
Prior to using service(s) listed on the Application, You will be required to provide relevant information including but not limited to name, e-mail address, and details of the issue being faced. You certify and affirm that the aforesaid information provided is correct, complete, and accurate to the best of your knowledge. Any failure in receiving the necessary service(s) arising out of Your failure to provide correct, complete and accurate information shall not be attributable to Heelr and consequently, Heelr shall not be held liable in any manner whatsoever.
We, in our sole discretion, reserve the right to cancel any and/or all Service(s). In the event of such cancellation, We shall refund the amount (after any applicable deductions, if any) paid by You for the Service(s) cancelled or not delivered due to such cancellation.
15 - Force Majeure
Heelr shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.
In the event of a delay caused by any of the circumstances set out above, Heelr shall make commercially reasonable efforts to advise You through registered Gmail address. Heelr disclaim all liability that may arise on account of failure to advise You of anticipated delays in delivering the Service(s) selected through the Application. Further, Heelr shall be under no obligation to compensate You for any mental distress or any tortious claim that may otherwise arise from delays in providing the Service(s).
16 - Emergency Services
- IF YOU ARE THINKING ABOUT SUICIDE, OR
- IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS, OR
- IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER, OR
- IF YOU HAVE ANY MEDICAL EMERGENCY,
YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (100) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE. THE APPLICATION IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE SERVICE PROFESSIONALS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELLING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVE THROUGH THE PLATFORM.
17 - Indemnification
You agree that Your access to the Application is voluntary and at Your own risk. Heelr shall under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, bodily injury, death, loss of property) by You or any other person or entity during the course of access to and/or use of the Application, including claims based on malpractice.
You agree that any claim arising out of Your relationship with Service Professional(s) shall be brought solely against such Service Professional, and neither Heelr nor any of its licensors or affiliates shall be named as a party or otherwise included in any such claim.
You agree to protect, defend and indemnify us and hold us and our officers, directors, partners, employees, agents, investors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to Your access and use of the Application/Website and/ or the Services in violation of these T&C and/or Your infringement, or infringement by any other user of Your Account, of any intellectual property or other right of anyone.
The terms of this provision will survive any termination or cancellation of these T&C or Your use of the Services.
18 - Warranties
The Services and the functions and features of the Application/Website are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Heelr shall make reasonable efforts to provide the Services and the functions and features. However, we make no warranty that the Services shall meet Your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
Heelr shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond its control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
19 - Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE SERVICES, FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., INCLUDING BUT NOT LIMITING TO THE DATA STORED ON THE THIRD PARTY SERVER, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE SERVICES, ANY SERVICES, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, HETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
20 - Severability
If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
21 - Termination
Heelr may block, restrict, disable, suspend or terminate the use of the Services at any time without giving any notice to You in case You are inter alia found to (i) be in breach of the terms of these T&C (including the Privacy Policy); (ii) violate any applicable laws; (iii) be infringing the intellectual property rights of any third party; (iv) be acting in a manner which may result into any claim against Heelr.
Upon termination, the rights and license granted to You herein shall terminate and You must cease all use of and access to the Services and/ or Application/ Website and You must destroy any downloaded materials in Your possession whether in electronic or printed format.
Any termination of Your right to use or access the Application/ Website and/ or the Services shall not affect liability incurred by You prior to such termination.
22 - Waiver
Any failure on the part of Heelr to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by Heelr of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
23 - Updates
Heelr reserves the right to update the Application/Website and/ or the Services, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to You on Your Device for download and installation.
User hereby agree to install the updates from time to time and acknowledges that Heelr will only be able to provide user account support for the Services if You ensure to install all updates upon receiving notifications thereof when using the Services.
24 - Term of T&C
These T&C shall get applicable when You create an account and shall remain valid and binding on You for so long as You maintain the account.
25 - Governing Law and Jurisdiction
These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with laws of India. By using the Services, You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Gurgaon, India, in the event of any disputes arising out of or in relation to Your access to and use of the Services.
26 - Contact Us:
In the event that You have any questions, feedback, comments, complaints and requests regarding these Terms of Use, You may address the same to the designated grievance officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of the Privacy Policy or Terms of Use or any other policy can be directed to the designated officer in writing and the details are as follows:
Lambda Ventures
Address: O-433 Jalvayu Vihar Sector 30, Gurgaon, Haryana, India
A complaint or concern may also be raised through an email to: contact@heelr.app
Website: www.heelr.care
