Terms & Conditions
Asha Sárl, a limited liability company, incorporated in Geneva, Switzerland, on behalf of itself, Asha Healing Hub & other group companies (hereinafter called Asha), is the author and publisher of the internet resource www.ashaexperience.com, which is a platform to provide connection between Freelance Ayurvedic Doctors and Therapists, those who are listed in Asha Healing Hub portal, and customers, who register themselves or book appointment with a Doctors/Therapists. This portal is for holistic wellness services and not for regular medical services to the customers. This portal also provide th personalised wellness journey to India.
1. NATURE & APPLICABILITY OF TERMS:
a) Doctors/ Therapists listed on this portal.
b) Any user or his/her representative or any affiliate, who is registered on the portal for Holistic Wellness services from the Doctors/Therapists.
c) Any user/visitor of the portal.
This agreement applies for services offered or likely to be offered in future by Asha through this portal. Asha also reserves the right to withdraw any of the services offered through this portal.
By downloading or accessing the Website to use the Services, above mentioned users irrevocably accept all the conditions stipulated in this Agreement as available on the Website, and agree to abide by them.
This agreement is governed by Swiss Cyber Law and other applicable laws in the present form and as may be amended from time to time.
2. CONDITIONS OF USE
The user must be 18 years of age or older or an adult as per applicable law of the country of his/her residence to register, use or visit the website. By registering, using or visiting the website the user hereby agrees to the terms and conditions of the agreement as well as represent and warrant that he/she is an adult as per applicable law of his/her country of residence.
3. CONSENT FOR AYURVEDIC CONSULTATION
3.1 The objective of the Ayurvedic consultation and treatment is to promote a healthy and balanced life.
3.2 Ayurvedic therapy is a unique process that includes diet, lifestyle changes, herbal -food supplements, yoga and meditation practices. It is not a medical plan. It is the therapy that slowly builds immunity introducing the healthy habits for improvement of health and helps to prevent the risk of imbalances such as chronic diseases.
3.3 The process is neither a substitute to medical or psychological diagnosis. Any medication prescribed by your medical doctor before or during the Ayurvedic treatment should not be altered without consulting your medical doctor.
3.4 For any persistent medical condition or severe symptoms, please consult your physician.
I hereby agree to the above mentioned points and completely absolve the above mentioned Doctor and the service provider Asha Healing Hub, in the event of any unforeseen complication arising due to my medical condition or improper regimen.
4.1 END USERS ACCOUNT AND DATA PRIVACY
4.1.1 The personal information, sensitive personal data or information are collected to the devices through users accessing the website. The collected information is only to improve the quality of services and build new services.
4.1.2 The website allows Asha to have access to registered users’ personal email, phone number, etc., for communication purposes so as to provide a better way of booking appointments and obtaining feedback in relation to the services provided by Therapists.
4.1.3 Asha shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Asha or to any other person acting on behalf of Asha.
4.1.4 The user, registered in Asha portal, is responsible for maintaining the confidentiality of his/her account access information and password and also is responsible for use of the account. The user shall immediately notify Asha of any actual or suspected unauthorized use of the account or password. Although Asha will not be liable for your losses caused by any unauthorised use of your account, users will be liable for the losses of Asha or such other parties as the case may be, due to any unauthorised use of his/her account.
4.1.5 Asha has the right to discontinue a user’s account, if Asha finds reasonable ground to believe that the information supplied by the user is inaccurate, incomplete or untrue.
4.1.6 If it is found that a user has provided false, inaccurate or incomplete information including feedback, Asha reserves the right to block the access to the website of such users for all future purposes.
5. CANCELLATION & REFUND OF FEE
5.1 Customers can reschedule the appointment in case of no show by the doctor to attend the scheduled appointment due to any emergency.
5.2 Customers can reschedule the appointment prior to 24 hours of the scheduled appointment.
5.3 No refund to the customers in case of an appointment is cancelled by the customers within 24 hours of scheduled appointment.
5.4 No refund to the customers in case of no show by the patient to attend the scheduled appointment.
6. DOCTORS/ THERAPISTS- CUSTOMER/PATIENT RELATIONSHIP IS NOT FOR EMERGENCY USE
6.1 Doctors/Therapists will not provide regular medical services but they will provide Holistic Wellness Services which is, in general, likely to provide relief from the problems which occur due to lifestyle problems and stress through Ayurveda/Yoga.
6.2 Please note that services provided through Asha are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
7. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
a) The contents listed on the Website are (i) user generated content, or (ii) belong to Asha. The information that is collected by Asha directly or indirectly from the End- Users and the Doctors/ Therapists shall belong to Asha. Copying of the copyrighted content published by Asha on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Asha reserves its rights under applicable Swiss Law accordingly.
b) Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
8. REVIEWS & FEEDBACK
ii) Users are solely responsible for the content that they choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Freelance Ayurvedic Doctors. The role of Asha in publishing Critical Content is restricted to that of an ‘intermediary’ under Swiss Cyber Law. Asha disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Asha shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Asha may provide End-Users with a free facility known as ‘Health Records’. Information available in your Records will be as follows:
Practice-created: Health Records generated by your interaction with Doctor/Therapists.
9.1 Your Records is only created after you have signed up and explicitly accepted these Terms.
9.2 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Asha is not liable for any interruption that may be caused to your access of the Services.
9.3 Asha uses industry–level security and encryption to your Health Records. However, we do not give any access to anyone except the Asha doctors/therapist.
9.4 After the consultation we send the health record by email to you directly.
9.5 If you want to access your dependents’ Health Records then, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have the right to share, upload and publish any sensitive personal information of your dependent. Asha assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Asha and its officers against any such claim or liability arising out of unauthorized use of such information. You will have to send an email for such a record to email@example.com with the authorisation letter of the dependent.
9.6 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
9.7 Asha has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
9.8 Asha will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
10. RELEVANCE ALGORITHM
Asha has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Asha shall not be liable for any effect on the business interests of Therapists due to the change in the Relevance Algorithm.
11. ASHA REACH RIGHTS
Asha reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Asha will not be liable for the accuracy of information or the claims made in the Sponsored ads. Asha does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Asha will not be liable for the services of the providers of the Sponsored ads.
Users represent and warrant that they will use these Services in accordance with applicable law. Any contravention of applicable law as a result of their use of these Services is your sole responsibility, and Asha accepts no liability for the same.
12. UNDERTAKING BY DOCTORS/ THERAPISTS
The Doctor / Therapist is and shall be duly registered, licensed and qualified to practice holistic wellness services, as per applicable laws/regulations/guidelines set out by competent authorities of his/her country of residence and the Doctors/ Therapist shall not be part of any arrangement which will prohibit him/her from practicing holistic wellness services within the territory of his/her country of residence. The Doctors/Therapists shall at all times ensure that all the applicable Swiss Laws or applicable laws of his/her country of residence that govern the Therapists shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
13.1 Asha reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
i. Such User breaches any terms and conditions of the Agreement;
ii. A third party reports violation of any of its right as a result of your use of the Services;
iii. Asha is unable to verify or authenticate any information provide to Asha by a User;
iv. Asha has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v. Asha believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Asha or are contrary to the interests of the Website.
13.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
14. LIMITED LIABILITY
In no event, including but not limited to negligence, shall Asha, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i. provision of or failure to provide all or any service by Doctors / Therapists to End- Users contacted or managed through the Website;
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii. any unauthorized access to or alteration of your transmissions or data; or
iv. any other matter relating to the Website or the Service.
15. RETENTION AND REMOVAL
Asha may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the applicable Swiss Cyber Law. Computer web server logs may be preserved as long as administratively necessary.
If any clause or provision of this agreement is prohibited or held void/unenforceable by any applicable local law or competent jurisdiction of arbitral tribunal, then that particular clause or provision of this shall agreement become ineffective to the extent of such prohibition or unenforceability and the remaining clauses or provisions of this agreement shall remain in force as valid terms and conditions of this agreement.
17. APPLICABLE LAW & DISPUTE SETTLEMENT
17.1 Users agree that this Agreement and any contractual obligation between Asha and User will be governed by the laws of Switzerland.
17.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or use of the Website or the Services or information to which it gives access, shall be determined by arbitration in Switzerland, before a sole arbitrator appointed by Asha. Arbitration shall be conducted in accordance with the application Arbitration Laws in Switzerland. The seat of such arbitration shall be Geneva. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English or French language. The award shall be final and binding on the parties to the dispute.
18. CONTACT INFORMATION GRIEVANCE OFFICER
18.1 If a User has any questions concerning Asha, the Website, this Agreement, the Services, or anything related to any of the foregoing, Asha customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available from the following hyperlink: www.ashaexperience.com/contact.
18.2 In case of any grievances Users can also reach our Grievance Officer at:
Name : Hubert Patry
Address : Rue Etienne Dumont 22, 1204 Geneva, Switzerland
E-mail : email@example.com