Definitions

A. Company-

"DailyBetter," "dailybetter.com," "Company," "Firm," "we," "our," "us," "Service Provider," or similar terminology are all in reference to DailyBetter Technologies Pvt. Ltd. as a provider of Services for the remainder of this document.

B. User-

"Client," "user," "you," "your," or other similar terminology are all in reference to an individual or organization, as the user of the website and as a recipient of our Services and resources for the remainder of this document.

C. Platform-

"Platform" or similar terminology are all in reference to any mobile app, website, or web links that the User can employ to access Services provided by the Company.

D. Life coach-

"Life Coach," "expert," "consultant" or similar terminology are all in reference to our Life Coaches.

Nature of Service

DailyBetter is a Comprehensive Life Coaching platform focused on overall mental wellness, delivering wellness products and services to individuals and organizations. DailyBetter offerings may include/are:

  • Online and face-to-face 1 on 1 sessions with our Life Coaches (who have been authorized by DailyBetter to use the platform for delivering their Services).
  • Periodic self-assessments, psychological assessments and psychologically graded reports of these assessments.
  • Workshops and/or webinars delivered by trained Psychologists and/or Life Coaches.
  • Self-help tools, content and programs delivered through a range of channels, including, but not restricted to website, blog, email and all our social platforms.
  • Instant message chats where clients may be able to exchange encrypted private messages with their Life Coach in addition to scheduled sessions.

DailyBetter reserves the right to add or remove products and Services from its overall offerings without prior notification. The aforementioned shall hereinafter be referred to as "Services."

Coaching Disclaimer & Waiver

The coaching services which the user will be receiving from the Life Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. DailyBetter and its Life Coaches are not acting as mental health counselors or medical professionals in any way, either expressed or implied.

The user understands and agrees that they are fully responsible for their well-being during the coaching sessions, subsequently, including their choices and decisions. They understand that Life Coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and they will not use it in place of any form of therapy.

The user understands that all comments and ideas offered by their Life Coach are solely for the purpose of aiding in achieving defined goals. The users have the ability to give their informed consent, and hereby give such consent to the Life Coach to assist them in achieving such goals.

The user understands that to the extent their work together involves career or business, the Life Coach is not promising outcomes included but not limited to increased clientele, profitability and or business success

It is understood that the use of technology is not always secure and the user accepts the risks of confidentiality in the use of email, text, phone and other technology.

The user hereby releases, waives, acquits and forever discharges DailyBetter, the Life Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages they may claim to have or that they may have arising out of acts or omissions by them or by their Life Coach as a result of the advice given by the Coach or otherwise resulting from the coaching relationship contemplated by these terms. The user further declares and represents that no promise, inducement or agreement not expressed in this agreement has been made to them to sign this agreement. This agreement shall bind their heirs, executors, personal representatives, successors, assigns and agents.

User Agreement

By choosing to visit and/or avail any Services and/or product and/or resource from DailyBetter, the user confirms that they are above 18 years of age and are not otherwise incompetent to contract under the Indian Contract Act, 1872 and are legally allowed to make decisions on their own. The user also accepts and agrees to our Terms and Conditions (hereafter referred to as “User Agreement”) and those additional terms and conditions and policies referenced herein and/or available by hyperlinks.

The terms in the User Agreement are in effect upon the user using or availing Services, resources, or any product from the platform. Accessing the Service/platform on any medium, including but not limited to mobile phones, smartphones, and tablets, is also subject to the terms of the User Agreement.

We reserve the right to add, modify or remove sections from the User Agreement at any point in time during the course of the agreement with no prior notice. Continuing to use the DailyBetter platform, purchase of any Service, resource, or product, forms an obligatory legal agreement between the user and DailyBetter. Liability to review the User Agreement from time to time lies with the user. Continuation of the use of the platform after revision of the User Agreement will be deemed to be an acceptance of the revised terms.

Applicability Of Terms

The general terms and conditions in the User Agreement are applicable to all present and future contracts established between the user and DailyBetter.

This User Agreement applies to all users of the platform, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

By availing any of our Services, the user irrevocably accepts all the obligations stipulated in the User Agreement, Terms of Use and Privacy Policy, other policies referenced herein; and agrees to abide by them. The User Agreement supersedes any previous oral or written terms and conditions that may have been communicated to the user.

Termination of Agreement

At any point during the term of the User Agreement, the user shall be entitled to terminate the User Agreement provided all outstanding payments are settled, if applicable. Upon termination of the User Agreement, there may still be some information saved on our servers regarding the user. Should the user wish to remove this information, they will have to contact DailyBetter to request for the same, in case they are accessing DailyBetter offerings through a third party or organization. In case the user has registered on our platform directly, they can write to DailyBetter at contact@dailybetter.com. DailyBetter will aim to process all such requests within 30 working days, in line with our Privacy Policy and subject to necessary compliance with applicable laws.

Over the course of the term of the User Agreement, DailyBetter can choose to terminate the User Agreement without citing a reason. Any payment receivable by DailyBetter should be paid by the user in full within 30 days from the termination of the User Agreement. Any payment receivable by the user will be processed by DailyBetter as per our Refund Policy.

User obligation

During the course of their engagement with DailyBetter, it is expressly stated, understood and agreed by the user that they shall abide by the following user obligations:

  • They are 18 years of age or older, not otherwise incompetent to contract under the Indian Contract Act, 1872, and that their use of the platform shall not violate any applicable law or regulation.
  • All registration information they submit - either to us directly or through their organization - is truthful and accurate and that they agree to maintain the accuracy of such information.
  • Their use of the platform is solely for their personal and non-commercial use. Any use of this platform or its content other than for personal purposes is prohibited.
  • All contact between the user and the Life Coach shall be through the DailyBetter platform and we shall have the right to limit such contact. Any contact between the user and the Life Coach outside the platform shall be deemed to be outside the scope of these terms.
  • The user shall adhere to the guidelines provided by DailyBetter when signing up for the coaching process to ensure smooth and adequate functioning of the platform.

Intellectual Property

The contents on the platform are for informational purposes only. DailyBetter disclaims all liability to any person for any loss or damage caused by dependence on any part of the platform. Third-party content appearing on the platform is the property of their respective owners, and DailyBetter does not assert any rights in relation to the same. Such third-party content is used by DailyBetter subject to the fair use provisions of Indian copyright law and applicable provisions in other jurisdictions.

DailyBetter asserts its copyright ownership of the remaining contents of this document. No information, content or material from the platform and/or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without express written permission from DailyBetter.

Any material shared with the user by the Life Coach or any other agent, employee etc. of DailyBetter such as various psychological assessments, the reports etc. during the course of the coaching process shall also be the property of DailyBetter and none of these materials/content/information may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without express written permission from DailyBetter.

User Content

By submitting any text, links, images, sound recordings, audiovisual material, pictures, graphics, logos, trademarks, or any other material, content, data, or subject matter (collectively, “Content”) for inclusion on the platform, the user represents and warrants to DailyBetter that:

  • They are the sole and exclusive owner of all right, title and interest in and to any Content, or that they are authorized or licensed to use, assign title to or license or sub-license any Content.
  • The Content and all other materials they supply hereunder and all material to which the Content links, (i) complies with all provisions of these Terms and conditions and the User Agreements, (ii) does not infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, (iii) does not involve or promote tobacco, alcohol, or pornographic products or services (which DailyBetter has complete discretion to define), and (iv) is not unlawful, harmful, threatening, abusive, harassing, defamatory, disparaging, obscene, libelous, invasive of another’s privacy, racially or ethnically offensive, or hateful.
  • The use, reproduction, or transmission of the Content will not violate any laws.
  • The Content is not false, inaccurate, or misleading in any way.
  • The Content and the products or services described or advertised by the Content, and their provision thereof, comply with all applicable laws, rules, and regulations, including the laws, rules, and regulations of the jurisdiction in which they operate and the laws, rules and regulations in India.

By submitting Content to DailyBetter, the user understands that such Content will be immediately eligible for inclusion on the platform, community forums, or the Service, as applicable and they grant, represent and warrant that they have the right to grant to DailyBetter a royalty-free, fully paid, non-assessable, perpetual, irrevocable, nonexclusive, transferable, worldwide right and license (with the right to sublicense) to use, copy, perform, translate, reproduce, publish, display, and distribute, and to prepare derivative works of or incorporate into other works, such Content (in whole or in part) in connection with the Service.

Payment and Refunds

By using the platform, the user agrees to pay all applicable fees and charges upfront to DailyBetter and also authorizes us to automatically deduct all applicable charges and fees from the payments made as and when such features are accessed on our platform. Further, the user agrees to be responsible for any telephone charges and/or internet Service fees that may be incurred in accessing DailyBetter Services.

DailyBetter reserves the right to change any or all parts of the Payment policy without notice or liability to the user or any third party.

All cancellations and refunds will be processed as per the DailyBetter Refund Policy. Any credit on the user’s account as per this Refund Policy may be used by the user for the purchase of any Service or product from DailyBetter.

Confidentiality

Both the user and DailyBetter agree to keep any information in relation to the business relationship, either oral or written, confidential and to keep this information for a period of 3 years following the termination of this User Agreement.

Privacy Policy

By using the platform, the user agrees to the Privacy Policy, as updated from time to time. The user also consents to the Privacy Policy by visiting or accessing DailyBetter.

Disclaimer of Warranty

The user expressly agrees that use of the platform is at their sole risk. The platform is provided on an “as is” and “as available” basis. DailyBetter expressly disclaims 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.

DailyBetter makes no warranty that:

  • The platform will meet the user’s requirements fully.
  • The platform will be completely uninterrupted, timely, secure or error-free.
  • The results that may be obtained from the use of the platform will be totally accurate or reliable.
  • The quality of any products, services, information, or other material purchased or obtained by the user through the platform will meet their expectations.
  • Any errors in the platform will be corrected.

Any material downloaded or otherwise obtained through the use of the platform is done at the user’s own discretion and risk, and they will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by the user from DailyBetter or through or from the platform shall create any warranty not expressly stated in these terms.

Limitation of Liability

In addition to the waiver provided under clause 3 of these terms, in no event shall DailyBetter be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • The use or the inability to use the platform.
  • Unauthorized access to or alteration of transmissions or data.
  • Any damages/ losses arising out of personal contact with the Life Coach or any other agent, representative, officer, employee of DailyBetter, outside the platform.
  • Any other matter relating to the platform, including but not limited to, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the platform, irrespective of whether DailyBetter has been advised as to the possibility of such damages.

Indemnification

The user agrees to indemnify, defend and hold harmless DailyBetter, its officers, directors, employees, Life Coaches, agents, licensors, suppliers and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms (including negligent or wrongful conduct) by them or any other person accessing the platform.

Severability

In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions; such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the laws of India. Any dispute/ claims arising out of these terms shall be settled by arbitration with both parties mutually appointing a sole arbitrator, where the seat of such arbitration shall be in Gurugram, Haryana.

Grievance Redressal

To address the grievances of the users, DailyBetter has set up a Grievance Redressal Forum. In case the user is dissatisfied with any aspect of the Services, they may contact the designated Grievance Redressal Officer Mr. Prasun Choudhary at prasun@dailybetter.com. DailyBetter assures a time bound solution not exceeding one month from the date of receiving the complaint.

Contact Information

For any queries regarding these terms and conditions or DailyBetter, contact us at: Email: contact@dailybetter.com Phone: +91-7838553377

Entire Agreement

The Terms and Conditions and Privacy Policy represent the entire agreement between the user and DailyBetter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DailyBetter with respect to the platform.