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 signatures.
The Website is owned and operated by Chaleur Health Solutions Private Limited ("Company"), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at A-233, ESW, PD Nagar Unnao Uttar Pradesh - 209801
The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our online platform through which counselling may be provided (collectively the “Platform”). The Website may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website soulsurfer.in and its related apps. By accessing or using the Website, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Website. If you do not agree to be bound to any term of this Agreement, you must not access the Website.
When the terms “You”, “Your” or “User” or "Surfers" and similar are used in this Agreement, they refer to any natural person who uses the Website for availing the Services. The term “We”, “Us”, “Our” shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.
The Therapy and Counsellor Services: The Website may be used to connect you with a Counsellor who will provide services to you through the Website (“Counselling Services”) or offline. We require every Counsellor providing Counsellor Services on the Website or offline to be an accredited, trained, and experienced psychologist, marriage and family therapist (MFT), sex therapist, clinical social worker (CSW), professional counsellor (PC), or similar applicable recognized professional certification based on their state and/or jurisdiction.
While we sincerely hope the Online & Offline Counsellor Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
1. Use of Services/Website by minors
1.1 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 on the Website without providing us with a duly filled consent form from your legal guardian or parent ("Consent Form"). We reserve the right to terminate your membership and refuse to provide you with access to the Website or Services 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 furnishing the Consent Form. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent in accordance with this Clause 1.
2. User Account
3.1 We may charge for the chat, audio, and/or video based counselling/face-to-face therapy sessions and other programs. Before availing any such Service, we will communicate in writing to the User, the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s). Please note that the charges paid by a Customer, are not refundable. However, in the event a Customer is not satisfied with the Service provided by SoulSurfer, then they may send a mail to firstname.lastname@example.org. SoulSurfer will review each such mail, on a case to case basis, and may refund the charges paid, if it deems fit.
The decision of SoulSurfer on any such matter shall be final and binding.
4. Third Party Content:
4.1. The Website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
5. Use of the Website and conduct
5.1. 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 applicable 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 by making use of the Services or the Website; (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 in our sole estimation 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 (defined below); (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.
6. PRIVACY AND SECURITY
6.1 Your Personal Information is maintained by SoulSurfer in electronic form on its equipment and the equipment of its employees. Such information may also be converted to physical form from time to time.
SoulSurfer takes all necessary precautions to protect your personal information both online and off-line and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of SoulSurfer business. No administrator at SoulSurfer will know your password. You need to protect against unauthorized access to your password, your computer, and your mobile phone. Be sure to log off from the Website when finished. SoulSurfer does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify SoulSurfer by sending an email to email@example.com You shall be liable to indemnify SoulSurfer due to any loss suffered by it due to such unauthorized use of your account and password. SoulSurfer makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations. SoulSurfer makes all User information accessible to its employees, agents, or partners and third parties only on a need-to-know basis and binds its employees to strict confidentiality obligations. Part of the functionality of the SoulSurfer is assisting the Customers/ Clients/ Users access information relating to them. SoulSurfer may, therefore, retain and submit all such records to the relevant users, or their Mental Health Care Professionals. Notwithstanding the above, SoulSurfer is not responsible for the confidentiality, security, or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, SoulSurfer shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of SoulSurfer including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc. SoulSurfer DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MINDPEERS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES
7.1. The Website is provided on an "as is" basis, and use of the Website is at the User's risk. To the maximum extent permitted by applicable law, the Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from SoulSurfer or through the Website will not create any warranty not expressly stated herein. Without limiting the foregoing, SoulSurfer, its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the website is accurate, reliable or correct; that the Website will meet your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Website. SoulSurfer does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or service, and SoulSurfer will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
8. Excetions and limitations
8.1. SoulSurfer 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). SoulSurfer does not implicitly or explicitly support or endorse any services on the Website. SoulSurfer shall not be liable for any errors or omissions, whether on behalf of itself or third parties. While SoulSurfer carries out background checks and verifications on all Experts, you understand and acknowledge that SoulSurfer does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Expert, or any service, advice, opinion, recommendation provided by an 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 SoulSurfer is not responsible for, and does not endorse User Content posted within the Website. SoulSurfer 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 all consequences under applicable law with respect to such User Content. SoulSurfer 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 SoulSurfer, including, without limitation, in order to comply with certain legal obligations imposed by applicable law, but may not be retrievable without a valid court order. SoulSurfer 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.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (121 for Indian Police, Fire and Women Safety) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE WEBSITE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELLORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES. THE WEBSITE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE WEBSITE.
9. Third-party links
10. Limitation of liability
10.1 In no event will SoulSurfer 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 SoulSurfer 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 SoulSurfer and/or its affiliates responsible for such Conduct.
11. GOVERNING LAW
This Agreement shall be governed by the Laws of India, and the Courts of Haryana shall have exclusive jurisdiction with respect to any dispute arising hereunder.
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 SoulSurfer 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 of SoulSurfer
All notice required to be given under these Terms shall be addressed to:
Name: A- 233, ESW PD Nagar, Unnao, Uttar Pradesh- 209801
Postal Address: <Address>
E-mail Address: firstname.lastname@example.org
Disclaimer: Please note that we are not a crisis intervention helpline. Should you have severe symptoms or have thought about harming yourself, please seek immediate medical help or call suicide prevention helplines such Aasra 24x7 Helpline: 91-22-27546669
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