Terms and Conditions
Thank you for choosing mavehealth.com and the Mave Health application (“Platform”), provided by Mave Health Private Limited (“Mave Health”, “we”, “us” or “our”). Our range of services, including therapy, psychiatry, fitness, nutrition coaching, and provision of the Transcranial Direct-Current Stimulation device (“tDCS Device”), are designed to support your mental well-being journey (“Services”). These T&Cs constitute a binding and enforceable contract between Mave Health and you, the user of the Platform (“you”).
By registering for or using our Services, you have read, understood and agree to comply with these Terms & Conditions (“T&Cs”). If you disagree with any part of the T&Cs, please discontinue using our services immediately. We reserve the right to modify these T&Cs at any time without any notice, though we will strive to inform you of significant changes. Continued use after such changes constitutes your acceptance of the new terms. These T&Cs are presented in English at Terms & Conditions.
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SERVICE DESCRIPTION
Mave Health offers a comprehensive approach to mental health and wellness through the Services, aimed at fostering healthy lifestyle habits. We are dedicated to encouraging a holistic health transformation.
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USER CONDUCT
To avail the Services, you will have to create and operate an account on the Platform (“User Account”). Mave Health might require you to share information, including information pertaining to your identification in the process of creation of the User Account. You agree that all information provided in this regard is complete, true, and accurate. Separately, you should ensure the confidentiality of certain details of the User Account, including usernames and passwords. You agree that all personal information shared with Mave Health shall be used and processed in accordance with its privacy policy available at https://www.mavehealth.com/privacy-policy.
Upon creating and logging in to the User Account, you'll be encouraged to interact with your preferred experts through our Platform, enabling your active participation. To ensure a fair and secure environment, misuse of User Accounts or tDCS Device is prohibited. Should you need to change your tDCS Device, please notify us at contact@mavehealth.com.
Users below the age of 18 are not permitted to avail the Services or access the Platform. The Platform must not be used for unauthorized commercial purposes.
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MAVE HEALTH’S INTELLECTUAL PROPERTY
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All rights, title, and interest in and to the Platform and Services, including all products and tDCS Device used for providing the Services and all intellectual property rights arising out of the Platform and Services are owned by or otherwise licensed to Mave Health.
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Mave Health may request you to submit suggestions and other feedback, relating to the Services from time to time (“Feedback”). You grant Mave Health the right to freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
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Except as stated in these T&Cs, nothing in these T&Cs should be construed as conferring any right in or license to Mave Health’s or any third party’s intellectual property rights.
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REPRESENTATIONS AND WARRANTIES
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You represent and warrant that:
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you have the authority to perform your obligations under these T&Cs;
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there are no legal, administrative, or other proceedings, claims, actions, governmental investigations, orders, judgments or decrees of any nature made, existing, pending, or to your best knowledge, threatened or anticipated against you which may prejudicially affect your performance of these T&Cs;
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the acceptance of these T&Cs will not result in the violation of any of the terms and provisions of any agreement, written or oral, to which you are or may be a party;
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you shall comply with Mave Health’s policies and codes of conduct;
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you are solely responsible for your personal data and all activities that occur on or through your User Account;
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your use of the Services and the Platform does not and shall not violate, infringe, or misappropriate any applicable laws;
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you shall not damage the tDCS Device or use it in an unauthorized manner during the Term;
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you shall return the tDCS Device in its original condition upon completion of the Services;
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you shall not reverse engineer, decompile or disassemble any portion of the tDCS Device or otherwise use the tDCS Device in an unlawful manner; and
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you shall comply with the terms and conditions of third parties applicable to the Services, including PlatoScience’s terms available at: https://www.platoscience.com/pages/terms-of-use.
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You shall not use the Platform or tDCS Device in any manner except as expressly permitted in these T&Cs. Without limiting the generality of the preceding sentence, you shall not:
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damage the tDCS Device during your subscription period;
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infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any third party;
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except as may be provided hereunder, access, use, distribute, modify, reverse engineer, create any derivative works, sell, rent, or license the Platform and Services or any portion thereof;
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use the Platform to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, cancelbots, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
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circumvent, disable or otherwise interfere with any security related features of the Platform or jeopardies or prejudice the operation, quality or integrity of the Platform or tDCS Device; or
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make any back-ups or archival copies of the Platform or any part thereof.
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You shall obtain and maintain at your own expense all the necessary computer hardware, software, modems, connections to the internet, and other items required for the access to and use of the Platform.
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You agree to upgrade your hardware and systems for smooth access of the Platform as and when required in order to be compatible with the upgraded version of the Platform, if any.
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You shall cooperate with Mave Health in developing and sharing anonymous content, including anonymous testimonials and anonymous case studies. Mave Health will not use develop or use content that is capable of identifying you, unless you authorise us to develop or use such content by executing the consent form shared by us.
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You shall extend full cooperation, at your cost, to Mave Health in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these T&Cs.
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TERM & TERMINATION
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These T&Cs shall remain in effect (i) unless terminated in accordance with the terms hereunder; or (ii) until the completion of the Services.
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Termination for Convenience: We may suspend or terminate these T&Cs, including access to our Services and the Platform for convenience any time with or without notice due to any reason. To request re-access, please contact us at contact@mavehealth.com
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Termination for Cause: Without prejudice to any of its rights or remedies, either party may at any time terminate these T&Cs with immediate effect by giving written notice to the other party if the other party commits a breach of any provision of these T&Cs and (if such breach is remediable) fails to remedy that breach within 30 (Thirty) days after being notified in writing to do so.
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Upon termination of these T&Cs:
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you shall not be permitted to use or access the Platform and avail Services;
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you shall return the tDCS Device in its original condition; and
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all outstanding dues shall become immediately due and payable to Mave Health.
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SERVICE FEES
Your use of the Services and Platform is subject to your complete and timely payment of the service fees as communicated to you by Mave Health (“Fees”). The Fees shall be payable in accordance with the commercial and payments terms notified to you by Mave Health from time to time.
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REFUND POLICY AND CANCELLATION POLICY
The refund policy is presented in English at Refunds & Cancellation.
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DISCLAIMERS
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While we strive to provide Services in an uninterrupted manner, we cannot guarantee immunity from online risks. Our Services are provided on an "as is" basis, with efforts to maintain quality and security.
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The use of the Services is at your sole risk.
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To the fullest extent permissible under applicable law, Mave Health expressly disclaims all warranties of any kind, express or implied, arising out of the Services.
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You hereby accept full responsibility for any consequences that may arise from your use of the Services and Platform, and expressly agree and acknowledge that Mave Health shall have absolutely no liability with respect to the same.
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You understand that the material on this Platform is 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, or more complete sources of information. Any reliance on the material on the Platform is at your own risk.
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You agree that your engagement with Mave Health’s consultants (“Consultants”) is at your sole risk. For the avoidance of doubt, Consultants include Mave Health’s psychologists, psychiatrists, nutritionists, fitness coaches or any other consultants authorised by Mave Health to provide you Services. We do not bear any responsibility for any advice provided or failed to be provided by Consultants and disclaim all warranties in relation to services or advice provided by Consultants. Mave is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to the provision of Services by Consultants, including but not limited to the violation of standards of care and the duty of care, the provision of false or negligent advice or information, violation of third party rights, or any abuse, threats, or offensive behaviour. You understand that any advice provided by Consultants is based on their experiences, training, and medical education.
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INDEMNITY AND LIMITATION OF LIABILITY
You shall, at your own expense, defend, indemnify and hold harmless Mave Health, its affiliates and their respective members, personnel, directors, employees, customers, vendors and sub-contractor against any and all claims, actions, liabilities, damages, losses, costs or expenses (including but not limited to attorneys’ fees and costs) arising from or in connection with (a) a breach by you of any of your representations, warranties or obligations under these T&Cs; (b) any alleged or actual violation, misappropriation or infringement of intellectual property rights of third parties to the extent such claim, demand, suit, or action alleges that any part of the Feedback or the use of the Feedback violates, misappropriates or infringes upon any intellectual property rights of any third party; or (c) any fraud, gross negligence or wilful misconduct committed by you.
Mave Health shall not be liable to you for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under, directly, or indirectly, or relating, in any manner whatsoever, to these T&Cs or the Services.
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CONFIDENTIALITY
You acknowledge that the Platform contains Mave Health’s and its licensors’ trade secrets and confidential information. You agree to hold and maintain the Platform in confidence, and not furnish to any other person with a copy of Platform. You agree to use a reasonable degree of care to protect the confidentiality of the Platform. You will not remove or alter any of Mave Health’s or its licensors’ proprietary notices. Your obligations under this clause shall continue even after these T&Cs have expired or been terminated.
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FORCE MAJEURE
We shall have no liability to you if we are prevented from or delayed in performing the Services or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or telecommunications network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
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AUTHORIZATION
By using our Services and Platform, you authorise us and our service providers to contact you via email, phone, or otherwise. This is to provide the Services to you, and for sales and marketing purposes.
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CONSENT
You agree that by enrolling yourself for our Services, you grant Mave Health consent to use your health data and other personal data for marketing purposes on our Platform, and social media platforms.
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GOVERNING LAWS & DISPUTE RESOLUTION
These T&Cs shall be governed by the laws of India. Subject to the dispute resolution provisions hereunder, the parties agree that the courts in Bengaluru, India shall have exclusive jurisdiction over all disputes arising out or in connection with these T&Cs. Any disputes or differences arising out of these T&Cs shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, and rules made thereunder as amended from time to time, and incorporated hereunder by reference. The arbitral tribunal shall consist of 1 (One) arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Bengaluru, India. Each party shall bear its own costs in relation to any dispute.
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MISCELLANEOUS
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Modification: Mave Health reserves the right at any time to modify these T&Cs and to add new or additional terms or conditions related to the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which case these T&Cs shall terminate), will be effective immediately and will be incorporated into these T&Cs. In the event, that you refuse to accept such changes, these T&Cs will terminate.
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Relationship: Nothing contained in these T&Cs creates any agency, partnership, or other form of joint enterprise between Mave Health and you.
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Severability: If any clause of these T&Cs is determined by any court or other competent authority to be unlawful or unenforceable, the other clauses of these T&Cs will continue to be in effect. If any unlawful or unenforceable clause would become lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant clause will be deemed to be deleted).
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Survival: The expiry or termination of these T&Cs shall not affect the survival of any provision of these T&Cs which is expressly or by implication intended to survive the expiry or termination of these T&Cs.
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Assignment: You shall not assign your rights or obligations hereunder to any third party without Mave Health’s prior written consent. Mave Health may assign its rights or obligations to any third party without your consent or any prior notice to you.
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Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
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CONTACT US
You may contact us with any inquiry relating to these T&Cs or the Platform by writing to us at contact@mavehealth.com..
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