Terms-of-use

TERMS AND CONDITIONS

INTRODUCTION​

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. 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 RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE/APPLICATION.

The domain name [●] (hereinafter referred to as the “Website”) and the [●] (“Application”) is owned by HONEYCOMB WEBWORLD PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 and having its registered address at B2-302, Apeksha Chs Ltd, Sundervan Complex, Near Vyas Bank, Andheri West, Mumbai, Maharashtra 400053 (hereinafter referred to as (“Happily”).The Website/Application is a platform pro-active, preventive solution to mental health, wellness and fitness by using mindfulness, meditation and other techniques. Based on the user preferences determined through a questionnaire, Happily shall recommend [●] techniques, modules, self-help literature and methodologies rooted in promoting mental health, productivity and better living (“Services”) to customers primarily pan India. Happily, may, at its sole discretion and in a manner it deems fit service customers outside India on a case to case basis.

Happily reserves a right, at its sole discretion, to change, modify, add or remove all or any of these Terms of Use (“Terms” or “Terms of Use”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates and changes. Your continued use of the Website/Application following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, Happily grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website/Application.

Acceptance of Terms

• Please carefully read these Terms and Conditions (hereinafter referred to as “Terms”). In order to use the Website/Application, you must first agree to the Terms. By accessing, browsing or otherwise using the Website/Application, you are agreeing to these Terms and concluding a legally binding contract with Happily. You are advised to read these Terms carefully before proceeding.

• You may not use the Website/Application if you do not accept the Terms or are unable to be legally bound by the Terms. Your use of the Website/Application is governed by these Terms and shall include the applicable policies which are incorporated herein by way of reference. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by all policies of Happily, including but not limited to its privacy policy ("Privacy Policy"), as amended from time to time.

• As a condition of your access to and use of the Website/Application, you agree that you will comply with all applicable laws and regulations when using the Website/Application.

Membership Eligibility

• Use of the Website/Application is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website/Application. Any person under the age of 18 shall not register on the Website/Application and shall not transact on or use the Website/Application. If a minor wishes to use or transact on the Website/Application, such use or transaction may be made by the minor’s legal guardian or parents on the Website/Application. Happily reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website/Application if it is brought to Happily’s notice or if it is discovered that such person is not eligible to use the Website/Application.

Account and Registration Obligations

• The Website/Application allows only limited and restricted access to the services for unregistered users.

• In order to use the Website/Application, as part of the registration process, you will have to create an account on the Website/Application (“Account”), which can be done either by signing up through Facebook or Google or by entering your name, e-mail address and password.

• Once registered, in order to log into the Account on the Website/Application, you may be required to provide the e-mail address, mobile number and password used at the time of registration (“Account Information”).

• You agree that the information that you provide to us at all times, including at the time of registration, will be true, accurate, up-to-date, and complete. You agree that if you provide any information that is untrue, inaccurate, not up-to- date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete or if Happily has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete, or not in accordance with the these Terms, Happily shall have the right to indefinitely suspend or terminate or block access to your Account on the Website/Application and refuse to provide you access to the Website/Application.

• You shall not transfer or share your Account Information with anyone. You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Account.

• Happily reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website/Application and your Account Information.

• In no event and under no circumstances shall Happily be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website/Application, theft of your Account Information, your use of the Account Information or your release of the Account Information to a third party or your authorization to allow another person to access and use the Website/Application using your Account.

• You understand that once you register as a user on the Website/Application, you may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, and phone calls from Happily on your registered mobile number and you may receive e-mails on your registered e-mail address. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the Website/Application and promotions that are undertaken by Happily. You, hereby, by way of accepting these Terms consent to the receipt of such communication from Happily.

• You agree to, (i) immediately notify Happily of any misappropriation or unauthorised use of your Account Information or any other breach of security; and (ii) ensure that you exit from the Account at the end of each session. Happily cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause. You may be held liable for losses incurred by Happily or any user or visitor of the Website/Application due to authorised or unauthorised use of your Account, as a result of your failure in keeping your Account Information confidential.

Use of the Website/Application

• You agree and acknowledge that you shall not use the Website/Application for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website/Application. You further agree and acknowledge that you shall use the products and/or any other services purchased on the Website/Application only for your personal use and not for business purposes.

• Happily shall have the right, but not the obligation, to monitor access to or use of the Website/Application to ensure your compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.

• Happily shall filter content on the Website/Application based on the your preferences, geographical location, relevance and other factors based solely on their discretion.

Your Reviews

The Website/Application may allow you to post certain content, data or information of your own, such as allowing you to rate products and/or any other services, post your comments, and reviews in relation to products and/or any other services on specific pages of the Website/Application, as well as submit any suggestions, comments, questions or other information to Happily using the Website/Application (collectively referred to "User Content").

• You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website/Application. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Happily does not endorse any User Content on the Website/Application and is not responsible or liable for any User Content. Happily reserves the right to disable access to the User Content on the Website/Application.

• You hereby grant Happily a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website/Application; and that, as at the date that the User Content is posted or submitted on the Website/Application: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.

• You further represent and warrant that while posting any User Content on the Website/Application you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Website/Application that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

Links to Third Party Websites/Applications

• The Website/Application may contain links and interactive functionality interacting with the websites/applications of third parties. Happily is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Happily strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

• Happily shall use ‘auth0’ by Okta (auth0.com/) for the purpose of processing your login credentials; the database storage and similar functionality is powered by Amazon Web Services (aws.amazon.com/) and all payment for our Services are for in-app/Website subscriptions and/or purchases are powered by Revenue Cat (https://www.revenuecat.com/); please refer to their respective privacy policies and terms of use available on their respective websites in the above mentioned links,, Happily shall not be liable whatsoever in relation to these support functions performed by the respective third-party Service Provider.

• Upon an order being placed on the Website/Application, Happily may, at its sole discretion, also offer coupons or such other deals to you to purchase products/services from third-party websites. Happily is not responsible for and has no liability for actions/inactions of any such third parties in relation to the coupons or such other deals offered by Happily. These coupons or such other deals offered by Happily on the Website/Application are for the sole purpose of your personal use and not for the purpose of further re-sale or distribution. Happily reserves the right to revoke any coupons or such other deals at any time as it may deem fit.

• For products/services purchased from third-party websites and for the support functions in relation to login, server, database and payments procured from the abovementioned third-parties, Happily strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party websites.

Representations

• You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.

Limitation of Liability

• IN NO EVENT SHALL HAPPILY, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE/APPLICATION; (III) UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE/APPLICATION; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE/APPLICATION BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE/APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HAPPILY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF HAPPILY VIS-À-VIS ANY USER OF THE WEBSITE/APPLICATION, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF TRANSACTION AMOUNT PAID BY THE USER TO HAPPILY. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

Disclaimer of Warranties

• THE WEBSITE/APPLICATION AND ALL INFORMATION, CONTENT, MATERIALS/PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE/APPLICATION (COLLECTIVELY, THE "MATERIALS") ARE PROVIDED BY HAPPILY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HAPPILY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE/APPLICATION, THE ACCURACY OR COMPLETENESS OF THE MATERIALS AND THE ACCURACY OF THE INFORMATION. HAPPILY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE/APPLICATION IS AT YOUR SOLE RISK. HAPPILY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE/APPLICATION OR THE MATERIALS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, HAPPILY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE/APPLICATION AND ITS MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

Indemnification

• You shall indemnify and hold harmless Happily, its licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

Intellectual Property Rights

• The Website/Application and the processes, and their selection and arrangement, including but not limited to all text, graphics, questionaries, literature, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”)on the Website/Application is owned and controlled by Happily or its manufacturers or suppliers and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

• Through your use of the Website/Application, by no means are any rights impliedly or expressly granted to you in respect of such Content. Happily reserves the right to change or modify the Content from time to time at its sole discretion.

• The trademarks, logos and service marks displayed on the Website/Application ("Marks") are the property of Happily or its vendors or manufacturers or respective third parties. You are not permitted to use the Marks without the prior consent of Happily, the vendor or the manufacturer or the third party that may own the Marks.

• Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Happily owns all intellectual property rights to and into the trademark “Happily”, and the Website/Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

• Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Happily or thirty party owner of such Content. You may download material from the Website/Application only for your own personal use and for no commercial purposes whatsoever.

• Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.

Termination of Access to your Account

• The Account can be terminated at any time by:

o You; by ceasing to use the Website/Application.

o Happily; in its sole discretion for any reason or no reason including your violation of these Terms or lack of use of the Website/Application. You acknowledge that the termination of services may be affected without any prior notice, and Happily may immediately deactivate or delete your Account and all related information and/or bar any further access to your Account or the Website/Application. Further, you agree that Happily shall not be liable for any discontinuation or termination of services by any third party.

o You shall also have the right to delete your account. Upon deletion of your account, Happily may retain information provided by you that Is deemed relevant by Happily and such retention, storage and use of your information shall be in accordance with the terms of the Privacy Policy.

• The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

Privacy Policy

• As elaborated under the Privacy Policy, Happily will keep all confidential information confidential and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Happily acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. Happily shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these terms of confidentiality as if such person was subject to these terms of confidentiality. If you object to your information being transferred or used, please do not use the Website/Application.

Governing Law and Dispute Resolution

• These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in New Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, India.

Assignment

• It is expressly agreed by the parties that Happily may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to you, except to the extent provided by law.

Grievance Redressal Mechanism

• In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
[●] The Grievance Officer of Happily
[●] Address:
[●] Ph. No.: + 91
[●] E-mail: help@[●].com

• If you wish to make a complaint regarding any violation of the provisions of these Terms, you may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

How to Contact Us

If you have questions or concerns about these Terms, please contact Happily at help@[●].com