This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital
The Website is owned and operated by Therapy1on1 Health Solutions (“Sole Prop.”), and having its registered office at 42, Phulkian Enclave, Near Mini Secretariat, Patiala-147001 (PB).
These terms of usage (“Terms”) govern your use of the Website and Services provided therein (“Services”). By using or visiting the Website, or by using any content or information provided as part of the Website/ Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms. If you do not agree to these Terms, do not use this
For the purpose of these Terms, wherever the context so equires “You”, “Your” or “User” shall mean any natural person who uses the Website for availing the Services. The term “We”, “Us”, “Our”, “Therapy1on1” shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.
The Website allows Users to connect with counsellors or other individuals (“Expert(s)”) who provide counselling and therapy 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, unless you are accessing this Website with parental guidance or guidance of a legal guardian. 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 and are accessing this Website without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.
The decision of Therapy1on1 on any such matter shall be final and binding.
Please note the specific refund policy in the event of the following circumstances:
a) Care Plan: Any purchased Care Plan is activated from the date of purchase and expires according to its duration. In case, the customer fails to use the services during the period, the Care Plan cannot be shifted to any other period, further, no refunds will be provided in such a scenario. The customer agrees and understands that buying a Care Plan does not give the customer any preference with regard to the allotment of their chat session(s) and/or the Expert of their choice. All Experts have a pre-defined chat session schedule, which might be subject to change. The customer agrees that all requests for chat sessions are serviced on a first come first serve basis.
b) Appointments(Audio/Video/Face to Face):
i.) For any services purchased, the Therapy1on1 team shall make 3 attempts to reach the customer for confirmation of the services. In case, the customer fails to respond within 7 days of the last communication, the service will be treated as consumed and no refunds shall be provided by Therapy1on1.
ii) In case, of technical difficulties during or at the time of the session, Therapy1on1 will check with their service providers. If the case is adjudged to be genuine, the appointment shall be rescheduled.
iii) For Audio and Video Sessions, in case, the customer fails to turn up at the time of the appointment, Therapy1on1 will reschedule the session only once. If the customer still does not turn up the second time, the appointment will be treated as consumed and no refunds shall be provided by Therapy1on1. For Face to Face appointments, any no shows are treated as availed services and no refund or rescheduling shall be provided by Therapy1on1 in such a scenario.
iv) For any reschedules, the customer needs to inform Therapy1on1 at least 24 hours in advance.
c) Appointment Bundles: All bundles need to be availed within 6 months from the date of purchase. Additionally, all individual items in the bundles shall also be bound by the terms on appointments.
3). User(s) can make payments through any of the following available options:
4). The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards (“Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).
5). While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.
6). You understand, accept and agree that the payment facility provided us, is neither a banking nor financial service.
7). Therapy1on1 reserves its right to change the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.
3. OWNERSHIP OF THE WEBSITE
- The Website contains content owned or licensed by Therapy1on1 (“Therapy1on1 Content”). Therapy1on1 owns and retains all rights in the Therapy1on1 Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Therapy1on1 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 Therapy1on1 Content.
- The Therapy1on1 name and logo are trademarks of Therapy1on1, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Therapy1on1, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Therapy1on1, and may not be copied, imitated or used, in whole or in part, without prior written
permission from Therapy1on1.
4. 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; (iv) attempting to interfere with,
compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on
our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website; (v) collecting or harvesting any personally identifiable information, including account names, from the Website; (vi) using the Website for
any commercial purposes without having all necessary rights and licenses to the User Content; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide
your identity; (viii) interfering with the proper working of the Website; (ix) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or (x) 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. Therapy1on1 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”). Therapy1on1 claims no ownership rights over User Content created by you. Therapy1on1 has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
- Therapy1on1 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. Therapy1on1 reserves the right, but is not obligated, to reject and/or remove any User Content that Therapy1on1 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.
- Therapy1on1 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.
- Therapy1on1 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 Therapy1on1 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.
- Therapy1on1 shall not be responsible for any breach of service or service deficiency by any Counsellor.
- Therapy1on1 is not involved in providing any emotional wellbeing care or medical advice or diagnosis and hence is not responsible for any outcome between you and the Counsellor You interact with. If you decide to engage
with a Counsellor to provide medical services to You. You do so at Your own risk.
- Therapy1on1 assumes no responsibility and/or liability with respect to any user content, or counsellor content (as applicable) which you may post on the website and you are solely responsible for such user content posted on the
5). RIGHTS TO USER CONTENT
- If you share your User Content with Therapy1on1 and/or link your User Content to Therapy1on1 on a third party service and/or post content on any social media page owned and operated by Therapy1on1 you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Therapy1on1 a royalty-free, sub licensable, 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 Therapy1on1’s (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.
- You may only use the Website for your own personal or business purposes (depending on whether you are a Registered User or Counsellor), and you must not use the Website for any other purposes. You must not edit or otherwise modify any material on
the Website. Unless you own or control the relevant rights in the material, you must not republish material from the Website (including republication on another Website); or sell, rent or sub-license material from the Website; exploit material from our website for a commercial purpose; or redistribute material from our website.
- You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will ensure that all the information you supply to us through the Website, or in relation to the Website, is true, accurate, current, complete and non-ensure that all the information you supply to us through the Website, or in relation to the Website, is true, accurate, current, complete and non-misleading. You will not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
9). EXCEPTIONS AND LIMITATIONS
- Therapy1on1 does not make any representation or warranty as to the quality or value of the services offered on the Website, or availability of Expert(s). Therapy1on1 does not implicitly or explicitly support or endorse any services on the Website. Therapy1on1 shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
- While Therapy1on1 carries out background checks and verifications on all Experts, you understand and acknowledge that Therapy1on1 does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Expert, or any service, advice, opinion, recommendation provided by a Expert.
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 Expert; (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 Therapy1on1 is not responsible for, and does not endorse, User Content posted within the Website. Therapy1on1 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.
- Therapy1on1 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 Therapy1on1, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Therapy1on1 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.
12). LIMITATION OF LIABILITY
- IN NO EVENT WILL THERAPY1ON1 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 THERAPY1ON1 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 THERAPY1ON1 AND/OR ITS AFFILIATES RESPONSIBLE FOR SUCH CONDUCT.
14). GRIEVANCE OFFICER
- In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the ‘Grievance Officer’ are provided below:
Name: Baljit Singh
Phone No: 098788-07777
E-mail Address: email@example.com
Postal Address: 42, Phulkian Enclave, Near Mini Secretariat, Patiala-147001 (PB).
15). 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 Therapy1on1 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 Therapy1on1. All notice required to be given under these Terms shall be addressed to:
Name: Therapy1on1 Health Solutions Private Limited
Postal Address: 42, Phulkian Enclave, Near Mini Secretariat, Patiala-147001 (PB).
E-mail Address: firstname.lastname@example.org