Terms of Use

1.1 These Terms of Use (“Terms”) govern your access to and use of the Saday Wellness Academy online learning platform, including the website located at www.sadaywellness.academy, any related mobile applications, and all content and services made available through them (collectively, the “Platform”).
1.2 The Platform is owned and operated by Saday Mental Health Wellness LLP, having its registered office at Saday Mental Health Wellness LLP, First Floor, Agrawal Hospital, Shahi Bagh, Behind Kotak Bank, Palanpur, Gujarat- 385001 India (“Company”, “we”, “us”, or “our”), under the brand name Saday Wellness Academy.
1.3 By accessing, browsing, or using the Platform in any manner, including by creating an account or accessing any course, workshop, recording, or other content (collectively, “Content”), you (“You” or “User”) agree to be legally bound by these Terms and our Privacy Policy, as amended from time to time. If You are using the Platform on behalf of an organisation or institution, You represent that You are authorised to bind that entity, and “You” will include that entity.
1.4 If You do not agree to these Terms, You must not access or use the Platform.

2.1 Restricted User Base
The Platform is intended solely for mental health professionals and students, including:
(a) licensed/registered psychologists;
(b) psychiatrists;
(c) counsellors and psychotherapists;
(d) mental health social workers;
(e) other professionals working in mental health or allied fields as may be accepted by us from time to time; and
(f) students formally enrolled in recognised mental health–related academic or professional programmes (each, an “Eligible User”).

2.2 Representation and Warranty
By using the Platform, You represent, warrant, and undertake that:
(a) You are an Eligible User;
(b) all qualification, registration, and enrolment information You provide is true, accurate, current, and complete; and
(c) You will use the Platform only for professional and/or educational purposes and in accordance with applicable laws and professional codes of conduct.

2.3 Verification Rights
We reserve the right, at any time, to:
(a) request documentary proof of Your qualifications, registrations, licences, or enrolment status (including, without limitation, degree certificates, registration numbers, identity documents, or institutional IDs); and
(b) suspend, restrict, or terminate Your access to the Platform, cancel Your enrolment in any course or workshop, and/or withhold or revoke any certificate, if You fail to provide satisfactory proof or if we reasonably believe that You do not meet the eligibility criteria.

2.4 Prohibited Use by General Public
Use of the Platform by laypersons, members of the general public, or individuals who are not Eligible Users is strictly prohibited. If You are a member of the general public seeking mental health support or therapy, You must not use this Platform for that purpose.

3.1 No Medical or Therapeutic Advice
All Content on the Platform, including courses, workshops, recordings, written materials, live or recorded sessions, discussions, and any communications by instructors or facilitators, is provided solely for educational and informational purposes.
The Content does not:
(a) constitute medical, psychiatric, psychological, or other professional healthcare advice;
(b) constitute diagnosis, treatment, or prevention of any mental or physical condition; or
(c) substitute a formal consultation with a qualified mental health or medical professional.

3.2 No Therapist–Client or Doctor–Patient Relationship
Your use of the Platform, including participation in any live sessions, workshops, case discussions, Q&A, or direct communications with instructors, does not create any therapist–client, doctor–patient, supervisor–supervisee, or fiduciary relationship between:
(a) You and the Company; or
(b) You and any instructor, facilitator, or other participant.

4.1 Indian Users – Mental Healthcare Act, 2017 and Other Laws
(a) The Platform is an educational platform only and does not provide clinical diagnosis, treatment, admission, rehabilitation, or any other service regulated under the Mental Healthcare Act, 2017 or any other healthcare law in India.
(b) Nothing on the Platform should be interpreted as a substitute for regulated mental healthcare services, medical advice, or professional consultation under Indian law.
(c) If You are a mental health professional practising in India, You are solely responsible for ensuring that Your independent professional practice complies with all applicable Indian laws, regulations, ethical codes, and guidance (including, as applicable, the Mental Healthcare Act, 2017, the Indian Medical Council regulations, Rehabilitation Council of India regulations, and any relevant professional body guidelines).
(d) The Company does not supervise, monitor, or take responsibility for Your professional practice, clinical decisions, or compliance with law.

4.2 International Users
(a) The Platform is controlled and operated from India and is primarily intended for users located in India.
(b) If You access the Platform from outside India, You do so on Your own initiative and at Your own risk. You are solely responsible for compliance with all applicable local laws, regulations, and professional standards in Your jurisdiction, including any restrictions relating to online education, mental health practice, data protection, or cross border services.
(c) We make no representation that the Platform or Content is appropriate, lawful, or compliant with regulatory requirements in any jurisdiction other than India.
(d) To the extent that any Content references Indian laws (including the Mental Healthcare Act, 2017), such references are for informational and academic purposes only and may not be applicable in Your jurisdiction. In the event of any conflict between Indian laws and the laws of Your jurisdiction, You are solely responsible for determining how those laws apply to Your practice.
(e) The Company expressly disclaims any liability arising out of or in connection with cross border use of the Platform or reliance on Content in jurisdictions where such use may be restricted, regulated differently, or prohibited.

6.1 You acknowledge and agree that:
(a) the Platform and Content are intended to supplement, and not replace, Your own education, training, experience, and professional judgment;
(b) You are solely responsible for how You interpret and apply any knowledge or information obtained from the Platform to Your own professional practice or personal development; and
(c) any clinical, professional, or personal decisions You make are made independently by You and at Your sole risk.
6.2 To the maximum extent permitted by applicable law, the Company and its instructors shall not be liable for any direct, indirect, incidental, consequential, or other loss or damage arising out of or in connection with:
(a) Your use of, or reliance on, any Content; or
(b) any actions or omissions by You in Your professional or personal capacity.

7.1 Ownership
All rights, title, and interest in and to the Platform and Content, including but not limited to videos, audio recordings, slides, handouts, text, images, logos, trademarks, graphics, software, and underlying code, are and shall remain the exclusive property of the Company and/or its licensors. All rights not expressly granted to You under these Terms are reserved.

7.2 Strict Prohibitions
Except as expressly permitted in writing by us, You shall not, directly or indirectly:
(a) record (including audio, video, or screen capture) any part of the Platform or Content;
(b) take screenshots or download materials, except where the Platform explicitly provides a download button or similar feature;
(c) reproduce, copy, modify, adapt, translate, create derivative works from, distribute, publish, transmit, sell, resell, rent, lease, lend, sublicense, or otherwise make available any Content to any third party;
(d) upload, post, or share any Content on any public or private website, social media platform, online drive, or learning management system, except with our prior written consent; or
(e) remove, obscure, or alter any copyright, trademark, or other proprietary notices on the Platform or Content.

7.3 Enforcement
Any unauthorised use of the Platform or Content may constitute infringement of intellectual property and other laws. We reserve the right to:
(a) immediately suspend or terminate Your access;
(b) revoke any certificate issued to You; and
(c) pursue any legal or equitable remedies available, including claims for damages and injunctive relief, without prior notice.

8.1 Subject to Your continued compliance with these Terms and payment of all applicable fees, the Company grants You a limited, revocable, non exclusive, non transferable, non sublicensable licence to access and use the Platform and Content for Your own personal professional learning and development only.
8.2 This licence is granted solely to You as an individual User and may not be shared, transferred, or assigned to any other person or entity.
8.3 This licence will automatically terminate if You breach these Terms or if Your access to the Platform is otherwise suspended or terminated by us.

9.1 From time to time, we may issue certificates or statements of participation/completion in relation to certain courses or workshops (“Certificates”).

9.2 You acknowledge and agree that any Certificate:
(a) is provided solely as an acknowledgment of Your participation or completion of a particular learning activity;
(b) does not constitute a licence, registration, or certification to practise as a mental health professional or to provide clinical services;
(c) does not imply recognition, accreditation, or endorsement by any statutory authority, university, professional council, or regulator in India or abroad (including but not limited to the National Medical Commission, Rehabilitation Council of India, or any state mental health authority); and
(d) cannot, by itself, be used to claim any regulated professional title or scope of practice.

9.3 It is Your responsibility to ensure that any use or reference to a Certificate in Your CV, professional profile, or practice complies with applicable laws and professional guidelines.

10.1 Fees and Payment
(a) Access to certain courses, workshops, or Content may require payment of fees (“Fees”). Applicable Fees will be displayed on the Platform at the time of purchase.
(b) Unless otherwise specified, all Fees displayed on the Platform are inclusive of applicable Goods and Services Tax (GST) and any other applicable taxes, which will be remitted by us in accordance with law.
(c) You authorise us and/or our payment service providers to charge You for all Fees using the payment method You select at the time of purchase.

10.2 Instalment Payment Option
(a) For certain courses or Content, we may, at our discretion, allow You to pay the applicable Fees in instalments (“Instalment Plan”). The availability, number, and schedule of instalments, and any additional terms, will be displayed at the time of purchase.
(b) By opting for an Instalment Plan, You agree to pay each instalment on or before its due date using a valid payment method and authorise us and/or our payment service providers to automatically charge such instalments, where auto debit or standing instructions are enabled.
(c) If any instalment is not successfully paid by its due date, we may:
(i) send reminders and provide a short grace period as we deem appropriate; and
(ii) suspend Your access to the relevant course(s) or Content until the overdue instalment is paid in full.
(d) If any instalment remains unpaid beyond one additional instalment due date (i.e., You have more than one instalment overdue at the same time), we may, at our discretion:
(i) revoke Your access to the relevant course(s) or Content on a permanent basis;
(ii) treat the Instalment Plan as cancelled due to default; and
(iii) declare all remaining unpaid instalments immediately due and payable, to the extent permitted by applicable law.
(e) In the event of suspension or revocation of access due to non payment under an Instalment Plan, no refund shall be payable for any amounts already paid.

10.3 No Refund Policy; Limited Exceptions
(a) All purchases are final and non refundable, except as expressly provided in these Terms or as required under applicable law.
(b) We may, at our sole discretion, provide a refund or credit only in the following limited situations:
(i) clear duplicate payments for the same course or workshop; or
(ii) a proven, material technical failure on our Platform that, despite reasonable efforts by You and us, permanently prevents You from accessing the purchased Content, and where no equivalent alternative access can be provided.
(c) Any request for refund under this clause must be submitted in writing to us within a reasonable time, with supporting evidence.

10.4 Third Party Payment Processors
Payments may be processed through third party payment gateways. We are not responsible for any error, delay, or security incident arising from such third party services, which are governed by their own terms and privacy policies.

11.1 We collect and process Your personal data in accordance with applicable Indian data protection laws, including the Digital Personal Data Protection Act, 2023 and rules made thereunder, to the extent applicable (“DPDP Law”). (mondaq.com)
11.2 By using the Platform and providing Your personal data, You:
(a) acknowledge that we act as a data fiduciary (or equivalent) in respect of such personal data;
(b) consent to the collection, use, storage, and processing of Your personal data for one or more lawful purposes connected with:
(i) providing and improving the Platform and Content;
(ii) managing Your account, payments, and communications; and
(iii) complying with legal obligations; and
(c) confirm that all data You provide is accurate and up to date.

11.2 You may have certain rights under DPDP Law, including the right to access, correct, and withdraw consent to the processing of Your personal data, subject to legal limitations. To exercise such rights, You may contact us at sadaywellnessacademy@gmail.com

11.3 Further details of how we handle personal data are set out in our Privacy Policy, which is incorporated by reference into these Terms. In the event of any inconsistency between these Terms and the Privacy Policy with respect to data protection, the Privacy Policy shall prevail.

12.1 To the maximum extent permitted under applicable Indian law, the Company, its partners, instructors, employees, and agents shall not be liable for any:
(a) indirect, incidental, special, punitive, or consequential loss or damage;
(b) loss of profits, revenue, business, data, or goodwill; or
(c) loss or damage arising from third party acts or omissions,
in each case arising out of or in connection with Your use of, or inability to use, the Platform or Content, even if we have been advised of the possibility of such loss or damage.

12.2 Overall Cap
Subject to clause 12.3, and to the extent any liability may be established against us in connection with the Platform or these Terms, our aggregate liability for all claims arising out of or relating to the same shall be limited to the total amount of Fees actually paid by You to us in the six (6) months immediately preceding the event giving rise to the claim.

12.3 Carve Outs
Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law, including liability for fraud or wilful misconduct.

13.1 You agree to indemnify, defend, and hold harmless the Company, its partners, instructors, employees, and agents from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) Your misuse of the Platform or Content, including any use contrary to these Terms;
(b) Your application of Content in Your professional or personal practice, including any clinical or professional decisions made by You;
(c) any violation of applicable laws, regulations, professional codes, or guidelines (including, where applicable, the Mental Healthcare Act, 2017 and related rules); or
(d) any breach by You of these Terms or of any representation or warranty made by You hereunder.

13.2 We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You agree to cooperate with us in asserting any available defences.

16.1 To maintain a safe and professionally appropriate learning environment, we reserve the right, but not the obligation, to monitor, review, and moderate activity on the Platform, including in public or private forums, chat groups, comment sections, and live sessions.

16.2 Without limiting the generality of the foregoing, we may, at our discretion:
(a) remove or edit any content or discussion that we consider to be harmful, misleading, unprofessional, promotional, offensive, or inconsistent with the educational purpose of the Platform;
(b) remove clinical discussions that appear to provide case specific advice, crisis guidance, or therapeutic interventions;
(c) restrict participation in certain forums, groups, or sessions; and/or
(d) suspend or terminate access for Users who repeatedly violate community guidelines or professional standards.

16.3 Our exercise or non exercise of moderation rights does not create any obligation on us to monitor all content or guarantee that harmful or inappropriate content will always be detected or removed.