Definitions To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this Agreement:
“Company”, "We," "Us," or "Our" means Phadke HealthTech., a company registered under the Companies Act, 2013 having its registered office at 41, Shirish CHS Ltd, Plot No. 187, Veer Savarkar Marg, Mahim, Mumbai-400 016
"Content" means text, graphics, images and any other material entered, processed, contained on or accessed through the Apps, including Content created, modified, validated or submitted by Experts.
"Device" means a device, usually electronic, that processes data according to a set of instructions, which may include but not be limited to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, phones (including smartphones).
“End User”, means “You”, the user of the Site including the Experts (as the case maybe) and 'Your' and 'Yourself' shall be interpreted accordingly.
“Expert”, may include, but are not limited to, independent, qualified, trained professional psychologists, psychiatrists, nurses, counsellors, social workers, and marriage, family and speech therapists. The term Expert shall include the individual Experts registered with the Site and their respective employees, agents, independent contractors or teachers. The Experts have no financial interest in the Company except to the extent of the fees to be received by them
“Typeathought.com”, is a product developed by the Company that provides mental healthcare Services.
"Services" means and includes:
Enabling the End User to connect with Experts through the Site
The provision of appointment scheduling and reminders.
Facilitating online counselling sessions and psychological testing’ based on the appointments scheduled between the End User and the Expert through the Site by way of online, voicemail and chat interactions through the Device.
The Services do not include the provision of medical care, providing prescription of drugs or other professional services by typeathought.com. typeathought.com merely facilitates access to online counselling services (provided by Experts) through the Site. The Expert shall not recommend or prescribe any drugs to the End Users through the Site.
“Site” means and includes typeathought.com, the typeathought.com mobile application and related web sites and mobile applications that we release.
By clicking on the Sign Up button on the sign up page, indicates You have read and agree to the typeathought.com terms and conditions and then clicking the “Continue” button, You agree to submit the Member registration form. You are entering into this Agreement and irrevocably accepting the obligations stipulated in these Terms and agree to abide by them. Accessing the Site through any Device You agree to be subjected to these Terms. You should, therefore, read these Terms carefully. If You do not agree to be bound by any Terms of this Agreement, do not check the box indicating Your agreement to these Terms and do not otherwise continue with the member registration process. In such case You will not be able to register as a Member or otherwise use this Site. We specifically hold the right to deny access without any notice to any person who We believe has violated any of these Terms or for any reason whatsoever at Our sole discretion.
A. Services provided on the Site
The Site includes, without limitation, the following Services:
Enabling the End User to connect with Experts through the Site
the provision of appointment scheduling and reminders.
providing access to paid online educational courses and content
facilitating online counselling sessions and psychological testings’ based on the appointments scheduled between the End User and the Expert through the Site by way of online, voicemail and chat interactions through the Device.
The Services do not include the provision of medical care, providing prescription of drugs or other professional services by typeathought.com. Typeathought.com merely facilitates access to online counselling services (provided by Experts) and online educational courses and content through the Site. The Expert shall not recommend or prescribe any drugs to the End Users through the Site.
ALLTHE EXPERTS REGISTERED ON THE SITE ARE NOT OUR EMPLOYEES, except where stated as “Typeathought.com In-House Expert”.
Any information obtained from the Site, Experts or third party links and content is for informational and logistical purposes only.
By using the Site, You represent and warrant that:
You are at least 18 years old;
You have the lawful authority and capacity to contract and be bound by these Terms;
You are not a person, under the laws of the country in which You access or use the Site who is either banned or otherwise legally prohibited from receiving or using the Site.
C. Use By Children
D. Express Consent to the Terms.
We reserve the right, at Our sole and absolute discretion, to change or update these Terms from time to time without notice and subject to Your termination right as set out below. You are therefore encouraged to check these Terms regularly for any changes. By using the Site after any modification to these Terms will imply that You accept those changes. We will post the last date of any change to these Terms at the top of this page. If You do not agree with these Terms in their entirety, You should NOT register and You should not use to use the Site or avail the Services provided by Us. The use of Services on this Site and all the information that is availed from this Site is done solely at the risk of the End User. You agree that We may from time to time update the Site, which would require You to install certain updates to the software in order to continue to access or use the Site. Such updates which may be for the purpose of fixing an error, bug or any other issue in the Site and/or enhancing the functionality of Site and may result in changes the appearance of the Site.
E. Not a Health Care Provider
You agree that any advice that has been provided to You by the Experts registered with Us while using Our Site, is on the basis of all the information relating to Your personal health as provided by You. We shall not be responsible for the responses provided by the Experts. The Services provided by Us only provide access to general mental health care information with your prior consent as per applicable laws and is in no way intended to provide medical advice or refer a meeting with a professional qualified healthcare provider. The Experts shall not and will not for any reason whatsoever recommend or prescribe any drugs to End Users through the counselling sessions facilitated through the Site. We strongly advise that, in case of any queries relating to Your personal health or medical condition You to consult a physician or any other qualified healthcare provider. If You have or suspect that You have a medical problem or condition, please contact a qualified healthcare professional immediately. The Site and the Company do not guarantee or assure resolution of concerns that the End User seeks help for, and this applies to all types of communication modes and all durations. End Users should choose Experts at their own discretion. The content on the Site is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis, or treatment. We strongly recommend that You always talk to Your medical professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for You. None of the information on the Site represents or warrants that any particular drug or treatment is safe, appropriate, or effective for You. Any reliance on such information by You, shall be at Your own risk and responsibility.
F. Do Not Use in Emergencies
You agree that the Services provided through this Site are not to be used in the case of emergencies. In case of any mental health emergency or any other medical emergency we strongly recommend that You immediately visit the closest medical facility for examination in person by a qualified healthcare provider. You agree not to use this Site as a suicide helpline. You agree and understand that in the event You are contemplating suicide or considering causing any danger to Yourself or any other person/s, You will discontinue to avail Our Services. In any of these events please immediately call the relevant emergency number where You are located and notify the relevant authorities or medical experts.
G. We Are Not Your Doctor
The Experts registered on the Site are not Your doctors, physicians, or other healthcare providers. You agree not to use the Site as a substitute for health insurance or a primary care doctor or in- person doctor visits. The Experts are intended to be for general informational purposes only, and are in no way intended to create a doctor- patient relationship; You agree and understand that typeathought.com is not a substitute for professional medical diagnosis or treatment; and reliance on any information provided by the Experts is solely at Your own risk.
H. All Experts are Not Employees or Agents
Although some of the experts are our inhouse employees, the advice given by them is solely based on their professional skill and discretion. We do not monitor the advice given by them or other consultants who are not our employees and We do not assume any responsibility for any of their actions or omissions.
I. Payment Schedule and Mechanism
all Services availed on this Site are chargeable unless mentioned otherwise. The price for the counseling sessions will be mentioned on the website, on the “Pricing Page” which mentions various subscription offers and packages. The price for the educational courses and such other content will be mentioned on the website and on their respective landing pages. When You schedule a counselling session, it is understood that You have accepted the Fees charged by the website and shall be liable to pay the same immediately before reserving or scheduling a Counselling Session with an Expert on the Site. The Fee shall be exclusive of all taxes and the End User shall be liable to pay all taxes and statutory dues as are applicable in respect of each Consultation Session or Subscription or Paid Courses and content. The End-User represents and warrants that (i) all information in respect of payment is true, accurate and complete and (ii) he shall be responsible to be in compliance of applicable law including but not limited to payment of applicable taxes. The Site will never ask You for Your credit card or other payment information unless You indicate that You want to .pay for the subscription, packages, online courses, educational content or services mentioned on the website or app.
J. Cancellation and Refunds
We provide refunds for weekly and monthly packages and subscriptions on a case to case basis after a review of the case. For those who are unhappy with the Services they receive, can intimate us within the first 3 days of the beginning of the subscription or package and we will offer a FULL REFUND. The clients also have an option to switch over to another counselor in case they feel they are not happy with the service provided during the sessions. For any queries regarding refunds, you can email us at firstname.lastname@example.org
In extremely unlikely case of ill-behavior by the therapist/counsellor: Only in extremely unlikely case this happens but as a policy we offer full refund in case, the therapist has misbehaved and/or abused the user in any manner. Upon receiving your complain we will have to procedurally check, chat or video/audio recordsto make sure that an ill incident/behaviour happened on behalf of the therapist. If the therapist had displayed any questionable behaviour, your full refund will be processed and will reflect in your account/card between 7-15 business days and a disciplinary action taken action against the counselor involved. In case of online educational courses or other courses purchased through the website , we have a NO REFUND policy.
J. User Accounts
Should You wish to schedule an appointment or pay for a consultation for an online consultation session, You will have to register on the Site and create an account with Us ("User Account"). In order to register on this Site, You will have to provide the following information (‘Registration Data’):
Contact Details (Residence Number, Mobile Number, etc.)
On providing the relevant information, You will be asked to provide a display name, full name and password. Registration on this Site is a one time process and individuals who have already registered shall login / sign into this Site using the same user name and password as provided during the registration process. You agree to provide accurate, current and complete information as may be required for completing the registration process. The Experts shall also ensure that all information provided in the Expert Profiles on any Site is accurate, current and complete information ("User Account Data") You agree and understand that all activities and actions undertaken using the User Account shall be solely Your responsibility whether or not You have authorized such activities or actions.
K. Use of Your User Account
L. Send You notices and information.
As a registered End User You agree that We may communicate with You, including by sending information, correspondence, and notices to You. The communications shall be sent to You using the information provided by You at the time of creating a User Account. These communications may be sent via email, SMS (text message), push notification, on site notification or otherwise. These communications sent to You includes but is not limited to, confirmation of Your registration, transactions that You carry out on the Site, reminders, recommended actions for You or promotions that are undertaken by Us or others authorized by Us. You can control what information You want to be sent to You, and where it is to be sent. You also havethechoice to unsubscribe or opt-out from receiving reminders via email, SMS, push notifications or mobile telephone notification, or any of them. Charges for receiving such information will be as charged by Your mobile service provider. Typeathought.com does not guarantee and is not liable or responsible for the failure to send such notifications or reminders to You.
M. Personal Use
Commercial use or redistribution of any information made available on the Site is strictly prohibited. The Service is made available only for individuals to use to support their mental health decisions. The Services shall be only used for personal purposes and shall not be used for commercial purposes. Any use of the information provided on the Site other than as specifically authorized, without prior written consent is also strictly prohibited and will result in termination of the registration granted here. Such unauthorized use may also violate applicable laws. This membership is revocable at Our sole discretion, at any time and by giving you notice of _3__days.
N. Code of Conduct
The Services provided on the Site are to be used responsibly. The use of the Services provided on the Site shall in no way be unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful, abusive or that would cause annoyance, inconvenience, or needless anxiety to others. You agree not take any action that impedes with, damages or adversely affects the Company and/or the Services and/or any Site; You also agree not to intentionally overuse any Services, or use any Services for any other inappropriate purposes. The information and Services available on the Site may not be used for any illegal purpose. You may not;
access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment;
attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Services or the Site. Unauthorized access includes, but is not limited to, using another person's login credentials to access the Services or the Site;
upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or this Site;
Use the Site to conduct any fraudulent activity including any 'pyramid scheme'; 'ponzi scheme' or 'chain letter.
transmit, upload, email, post or otherwise make available any information or material that infringes upon a third party right, especially intellectual property rights or any third party advertisements, including banner exchange Services;
You will not use any Site to develop, or to assist anyone in developing a competitive product or Service or for other competitive purposes;
O. Expert Profile
P. Access and Use
You represent and warrant that Your access and use of any Services on the Site is subject to the following:
You shall access any Site or Services using authorized and lawful means.
We disclaim any and all liability that may arise from failure or delay by You which results in Your inability to access or use the Services on the Site.
You are responsible for ensuring that Your Device is configured and compatible with the Site. You may not be able to access the Site from an unauthorized or incompatible Device.
Experts will be assigned to the User. The user will not be able to choose from the experts unless the User is unhappy with the services provided and wishes to shift or transfer under the care of another counselor.
You will not use the Services to collect or store personal data about other End Users without their express permission;
You will not knowingly include or use any false or inaccurate information in the Registration Data or Expert Profile, as the case may be;
You will refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to Site or attempt to do so, or acquiesce, authorise or encourage any other party to do the same;
You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to Our data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
The Experts registered on the Site have represented that they have the requisite qualifications, licenses, experience and/or certifications in the areas of psychology, psychiatry, marriage and family therapy, clinical social work, counselling or other fields as may be applicable. We disclaim any and all liability in respect of any Expert(s) making fraudulent and inaccurate representations of his/her/their credentials.
You agree that the Experts registered with Our Site shall determine at his/her sole discretion whether an End User should be provided Consultation Sessions through the Site. If an Expert is of the opinion that the Consultation services provided on this Site are not suitable for Your needs, the Expert may at his/her sole discretion not provide online Consultation services to You.
Q. Specific Terms applicable to Experts.
The terms mentioned in this clause are applicable only to the Experts who register with the Site to provide Services to End Users. Use of the Services is conditioned on the following pre-requisites; (i) Compliance with professional duties as a licensed, registered or certified professional; and (ii) acceptance of this Terms. The obligations laid out in this Clause are in addition to, and not in lieu of, the professional and legal obligations of the Expert as a provider of behavioral health counselling services. You shall not use the Services of the Site if You are unable to comply with Your obligations under these Terms as well as Your professional and legal obligations.
You are and will be at all times that You use the Services and the Site, licensed, registered or certified, as applicable, in good standing, and shall meet all other legal requirements, to provide counselling services to End Users using the Site.
You shall not use this Site in violation of any applicable laws or regulations.
You will personally provide the Services on the Site.
In the event You are no longer permitted under any law to provide counselling services to End Users, You will immediately cease to use the Services and the Site to provide counselling services and shall promptly inform Us of such restriction or cessation.
We will post Your Profile and a picture of Yourself ir any other picture uploaded by You as a Profile picture / display image for Your Profile
If You are providing counselling services through the Site to End Users who are not residents of India, You shall ensure compliance with all applicable laws in the jurisdiction of such End User and shall also ensure that You hold all the valid licenses and permits required in such other jurisdictions.
You represent and warrant that there is no court order, decree or proceedings pending or threatened against You that would render You incapable of providing services through the Site. In the event that a court order or decree is obtained against You or proceedings are initiated by or against You in respect of Your qualification, license, certification, etc., You shall forthwith inform Us of such order, decree or proceedings.
In the event You chose to cease using the Site or accept any new End-User or You take leaving exceeding 7 consecutive days, You shall give the End User and Us 2 days prior written notice of the same. In such circumstances, it is Your responsibility to ensure that there is a proper transition of care for any End User for whom You will no longer provide services.
You shall ensure that you will attend all your appointments on time and answer questions at the earliest.
You agree to notify us promptly in the event Your password has been lost or stolen, someone has attempted to use the Services under Your user name without Your consent or Your accounts have been accessed without Your permission or security of Your profile and/or email access has been compromised in any way at email@example.com. In the event there has been an unauthorized access of Your profile or email-access and in order to preserve or restore the security of the Site, We shall at Our discretion have the right to deny Your access to the Services or any part thereof.
An End User may submit medical history and other personal information on the Site and authorize You to have access to such information in advance of an appointment, all information provided during the Counselling Session and all notes and inferences of the Expert created during or post a Counselling Session in respect of the particular End User ("End User Personal Information"). You acknowledge, agree, release and indemnify Us from all claims and liabilities arising out of Your failure to have the End User confirm the End User Personal Information or arising out of any omissions or errors in any End User Personal Information provided through the Services. You are responsible to take prior consent from End User while using or collecting their sensitive data and you should comply with applicable Data Protection Laws.
In the event You are of the opinion that an End User requires individual medical treatment, You shall inform both the End-User and the Company, in no circumstances whatsoever shall the Expert directly or indirectly solicit any End User registered with the Company to cease or discontinue the use of the Services on the Site.
All charges/fees in respect of telephone usage, internet usage or otherwise incurred by You for availing the Services shall be payable by You.
The breach of any of these Terms shall result in the removal of Your Expert Profile without warning and without any liability on Our part.
You covenant that all use of End User Personal Information will not conflict with the Privacy or Your professional and legal duties and obligations.
R. Intellectual Property Rights
The Typeathought.com logo, other Typeathought.com Trademarks and service marks are Our trademarks. You must have Our written permission to use or display any Typeathought.com marks. You hereby acknowledge that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, etc.) and other proprietary rights in and in relation to any Site including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to an Expert, End User, other third party) shall vest wholly completely and fully with Typeathought.com throughout the territory of the world and You shall have no right or claim to such intellectual property in any manner whatsoever.
By accepting these Terms and using any Site, You agree that You shall defend, indemnify and hold harmless the Company, its directors, shareholders, officers and other representatives from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Your use or access of the Services, violation or breach of these Terms or any applicable law or regulation, violation of any rights of any third party, including End Users and Experts (as the case may be) connected through any Site; or infringement, or infringement by any third party, including End Users and Experts (as the case may be), of any intellectual property or other rights of any person or entity and all third-party claims based upon the content of any communications transmitted by You.
T. Disclaimer of Warranties
We hereby explicitly and specifically disclaim any and all representations, warranties or guarantees, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of quality or fitness for a particular purpose.
The Site is provided to You strictly on an "as is" basis. Notwithstanding anything contained in these Terms, the Company does not warrant that the Site: (i) will perform error-free or uninterrupted, or that We will correct all or any errors or defects (ii) will operate in combination with Your Devices, or with any other hardware, software, systems or data not provided by the Company (iii) will meet Your requirements, specifications or expectations.
You further acknowledge that We do not control the transfer of data over communications facilities, including the internet, and that any Site may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; We are not responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Site that arise from the Your content or third party content.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE OR APP AND/OR AVAILING OR PROVIDING ANY SERVICES REMAINS SOLELY WITH YOU.
U. Limitation of Liability
Notwithstanding anything contained elsewhere in these Terms, in no event shall We be liable to You or anyone claiming under You for the cost or loss including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence or medical negligence), strict liability or otherwise. The limitations set forth in this section shall apply even if You are advised of the possibility of such damage.
We will not be liable for indirect losses which is a side effect of the main loss or damage and which are not reasonably foreseeable by You and Us at the time of entering into these Terms, for example loss of profits or loss of opportunity.
We shall not under any circumstances whatsoever be a party to disputes, negotiations of disputes between the End User and an Expert.
We will not be liable for: (i) the quality of the counselling session being given by the Expert(s), (ii) any negligence on part of the Expert(s); (iii) any inconvenience suffered by the User due to a failure on the part of the Expert(s) to provide agreed services or to make himself/herself available at the appointed time, absence of the Expert, or similar difficulties; (iv) any misconduct or inappropriate behavior by the Expert or his/her staff; (v) any variance in the fees charged; (vi) any medical eventualities that might occur subsequent to availing Services of an Expert, selected by the End User.
Decisions made by You on the basis of information provided on or via the Site is at Your sole discretion and risk. So far as is permissible by law, We do not accept any liability to any person relating to the use of this Site.
We endeavour to correct any errors or omissions in our content as soon as practicable once they have been brought to our attention, However, We do not guarantee that the Site will be available uninterrupted and fully operational nor that the information provided via the Site will be free from errors or omissions. We shall not be liable for any failure or suspension of the site, or for termination of access to the Site or access to Site content.
Due to the fact that many technical aspects of the Site and the information provided is supplied by or otherwise dependent on third parties, We are not responsible for the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Site.
Services can be provided only by the Experts who register with Us.
We are merely a platform for Experts and End Users to connect and avail counselling services using the Site. We provide access to the online paid or free courses and educational content and do not guarantee accuracy of the content or uninterrupted availability of the content, therein. We are purely a provider of information pertaining to Experts providing counselling services and Typeathought.com does not provide services or act in any way as an Expert.
We do not guarantee the quality of counselling services provided by any of the Experts registered on Our Site. We shall also not guarantee the resolution of the concern that the End User is seeking help for.
We shall not be liable for any loss or damage incurred by You in respect of Your interaction with a registered Expert, including but not limited to any loss or damage arising directly or indirectly on account of loss or damage with respect to counselling and advisory services through the Site.
Your recourse in the event of any such claim with respect to any Expert with respect to counselling and advisory services and sessions scheduled through the Site, including any third party content, is solely against the relevant Expert. In no event will any agreement between End User and any Expert be binding on Us or impose upon Us any additional obligations, or any obligations inconsistent with these Terms.
We shall not be held liable for any opinions, customer reviews or comments posted by any End User on any Site in respect of counselling and advisory services and sessions scheduled through the Site provided by the Expert through any Site.
X. Errors and Inaccuracies.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to You. We do not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. We reserve the right to refuse to provide Services that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
These Terms shall take precedence and prevail over anything in or associated with any Site that is in conflict with or is inconsistent with these Terms.
No partnership, employment, or agency relationship exists between Experts and the Company, unless specified, as a result of these Terms or use of any Site. The Expert is prohibited from entering into any contract (whether oral or in writing) that may impose direct or indirect liability or commitment on Us in respect of any third party including the End User.
Maintenance: We may, from time to time perform maintenance upon the Site, hardware, software or other problems related to the Service, resulting in interrupted Service, delays or errors in the Site and/or Service. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
Assignment: These Terms are personal to You and You shall not assign these Terms or Your rights to the Services or obligations to any other party. We expressly reserve the right to assign these Terms and to delegate any of the obligations hereunder, at our sole discretion and without Your consent. We may also assign or delegate certain of Our rights and responsibilities under these Terms to independent contractors or other third parties.
Wavier: We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Z. Governing Law
Subject to what is stated in the above Paragraph, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, Your use of the Website, the App or the Services or the information to which it gives access.
AA. Contacting Us.
Any queries concerning, the Website, the Application, this Agreement, the Services, or anything related to any of the foregoing, customer support can be reached at firstname.lastname@example.org