Terms of use

These Terms of Use ("Terms") apply to a users' ("User/Your") access to, and use of, www.awakenm.com (the "Website"), . The Website are operated by MindWorks Labs Private Limited, and its subsidiaries, licensees, and affiliated companies (collectively, "MindWorks/We").

As a condition of using the Website and the services provided therein ("Services"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use this Website. Because these Terms are a legal contract between you and MindWorks, it is important that you review the Terms carefully before accessing or using the Website. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with MindWorks, including without limitation the privacy policy ("Privacy Policy").

The Website allows Users to purchase or try program(s) for nutrition and/or emotional well-being. These programs are led by counsellors and other individuals ("Personal Coach(es)") who provide nutrition and/or emotional well-being counselling and wellness services.

Use of the Website is available only to persons over the age of eighteen (18). If you are a minor i.e. under the age of eighteen (18) years, you shall not register as a member of the Website and shall not sell or purchase any items on the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years.

COLLECTION OF PERSONAL INFORMATION

In the course of providing the Services to you, MindWorks may collect the following information (“Personal Information”):

Personal information such as your username, password, e-mail address and phone number when you register for a MindWorks account. We may automatically collect some information about your hardware devices when you access MindWorks. For example, when you utilize our applications, we may collect your internet protocol (“IP”) address and the type of mobile device you use and your geographic location. We also may collect information about your activity on MindWorks, such as information about your account usage, as well as information about how you interact with the Application. We may combine this automatically-gathered information with other information, including personal information we have collected about you.
We may receive and store certain types of information known as “cookies” when you accesses the Website. Communications between you and MindWorks.

USER ACCOUNT

In order to use the Website, you may be required to provide information about yourself including your name, email address and other personal information. You agree that any information you provide to MindWorks on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.

PAYMENT

You confirm and agree that all payment related information that you provided and will provide in the future, to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct.
You confirm and agree to use only payment means (credit cards or others) which you are duly and fully authorized to use. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published on the website. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information you authorize us to bill and charge you through that credit card. You agree to maintain valid credit card information in your Account information

OWNERSHIP OF THE WEBSITE

The Website contains content owned or licensed by MindWorks ("MindWorks Content"). MindWorks owns and retains all rights in the MindWorks Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MindWorks Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the MindWorks Content.
The MindWorks name and logo are trademarks of MindWorks, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MindWorks, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of MindWorks, and may not be copied, imitated or used, in whole or in part, without prior written permission from MindWorks.

USE OF THE WEBSITE AND CONDUCT

Use of the Website

You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Website in any medium;
(ii) transmitting spam, chain letters, or other unsolicited email;
(iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;
(iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(v) uploading invalid data, viruses, worms, or other software agents through the Website;
(vi) collecting or harvesting any personally identifiable information, including account names, from the Website;
(vii) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content;
(viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(ix) interfering with the proper working of the Website;
(x) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or
(xi) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

User Content Guidelines:

You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. MindWorks shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws.
The Website provides Users the facility to create, share and post content together, ("User Content"). MindWorks claims no ownership rights over User Content created by you. MindWorks has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website. MindWorks takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
You agree not to post, store, transmit, create or share any User Content that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.

MindWorks reserves the right, but is not obligated, to reject and/or remove any User Content that MindWorks believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:
Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.
MindWorks may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
MindWorks takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that MindWorks is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

RIGHTS TO USER CONTENT

If you share your User Content with MindWorks and/or link your User Content to MindWorks on a third party service and/or post content on any social media page owned and operated by MindWorks you expressly grant, and you represent and warrant that you have all rights necessary to grant, to MindWorks a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and MindWorks’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.

DISCLAIMERS

THE ADVICE OR INFORMATION PROVIDED BY PERSONAL COACHES VIA THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR EXAMINATION BY A DOCTOR OR OTHER MENTAL HEALTH PROFESSIONAL. YOU ARE ADVISED STRONGLY AGAINST RELYING SOLELY ON, OR MAKE DECISIONS BASED SOLELY ON ADVICE PROVIDED BY ANY PERSONAL COACH. YOU TAKE FULL RESPONSIBILITY IN TAKING CONSENT OF YOUR DOCTOR TO AVAIL THE SERVICES ON MINDWORKS AND KEEPING YOUR DOCTOR INFORMED OF YOUR HEALTH AT ALL POINTS OF TIME DURING THE COURSE OF AVAILING THE SERVICES OF MINDWORKS.

You understand and agree that although a Personal Coach may be a dietician, nutritionist, counsellor, therapist or other mental health professional, MindWorks cannot predict or assess the competence of, or appropriateness, or fully verify the credentials of such Personal Coach. MindWorks disclaims any and all liability for any consultation and therapy services rendered by a Personal Coach to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to follow the advice given by a Personal Coach through the Website and to continue to interact with such individual(s), and that the role of MindWorks is strictly limited to facilitating such interactions in a convenient manner for you.

USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, PLEASE GO TO THE NEAREST HOSPITAL OR HEALTH CARE PROVIDER. THE WEBSITE IS NOT A SUICIDE HELPLINE PLATFORM. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MAY DISCONTINUE USE OF THE SERVICES IMMEDIATELY AT YOUR DISCRETION AND PLEASE NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL. YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE AND AVAILING OF SERVICES ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. MINDWORKS IS NOT, AND WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

PRIVACY AND SECURITY

You understand that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed under the thereunder. You understand that MindWorks cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

WARRANTY

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MindWorks OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MindWorks, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
MINDWORKS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MINDWORKS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

EXCEPTIONS AND LIMITATIONS

MindWorks does not make any representation or warranty as to the quality or value of the services offered on the Website, or availability of Personal Coach(es). All services are provided on a best effort basis. MindWorks accepts no liability for any errors or omissions, whether on behalf of itself or third parties
While MindWorks carries out background checks and verifications on all Personal Coaches, you understand and acknowledge that MindWorks does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Personal Coach, or any service, advice, opinion, recommendation provided by a Personal Coach. Nothing contained in these Terms, the Website or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any Personal Coach; (b) the Website or (c) any service, advice, opinion, recommendation made available via the Website or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Website.
You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
You agree that MindWorks is not responsible for, and does not endorse, User Content posted within the Website. MindWorks does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
MindWorks reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by MindWorks, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. MindWorks will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.
We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

TERMINATION

MindWorks may terminate these Terms for any reason at any time. MindWorks reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE WEBSITE, YOU HEREBY RELIEVE MINDWORKS, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

LIMITATION OF LIABILITY

IN NO EVENT WILL MINDWORKS OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MindWorks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY USE OF THE WEBSITE AND THE SERVICES, THE USER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTIONS, LIABILITIES, CONSEQUENCES, DECISIONS, BEHAVIOURS (“CONDUCT”) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR SERVICES, AND SHALL IN NO WAY HOLD MINDWORKS AND/OR ITS AFFILIATES RESPONSIBLE FOR SUCH CONDUCT.

GOVERNING LAW

This Agreement shall be governed by the laws of India, and the courts of New Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.

MISCELLANEOUS PROVISIONS

Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.

Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these

Terms shall not be affected.
Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.

No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

Notices: Any notice required or permitted to be given to MindWorks hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified MindWorks. All notice required to be given under these Terms shall be addressed to:
MindWorks Labs Private Limited
28/20, East Patel Nagar,
New Delhi - 110008
rahul@awakenm.com


We may change the Terms or modify any features of the Website at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the "Terms and Conditions" section at the. If you continue to use the Website after changes are posted you will be deemed to have accepted the change.