This document is an electronic record prepared in accordance with the Indian Laws including but not limited to the:
1. Indian Contract Act, 1872;
2. Information Technology Act, 2000; [hereinafter referred to as the IT Act, 2000.]
The rules regulations, guidelines and clarifications framed under the IT Act, 2000 as applicable, including but not limited to the Information Technology [Reasonable Security Practices and Procedures and Sensitive Personal Information] Rules, 2011, and the Information Technology (Intermediaries Guidelines) Rules, 2011.
- The amended provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000 and Rules.
This document was last updated on 1st of November, 2020.
LivAhead Private Limited is a private limited company incorporated under the provisions of the Companies Act, 2013, having its registered office at 37, 38, 39 Jayabheri Pine Valley Ceon Road, Kranti Ceon Apts, Flat No.502, Gachibowli, Hyderabad, Telangana – 500032, and operates under the brand name “LivAhead”. LivAhead Private Limited is the author and publisher of the Internet resource/ website www.LivAhead.com and the mobile based application ‘LivAhead’. [The website and the mobile-based applications shall hereinafter be collectively referred to as “Platform”]. The Platform is owned and operated by LivAhead Private Limited and its affiliates, who are hereinafter collectively referred to as the “Company”.
- Client / User shall mean any natural person who accesses, browses or uses the Platform and/or who enters into, or on whose behalf this Agreement has been entered into with the Counselor to provide Services to such person through the Platform. A Client may include a natural person seeking to avail Services for himself/herself, a parent or guardian seeking to avail services for the dependant, two or more persons who seek to avail Services together, i.e. group sessions, family sessions, couples counseling etc, any person availing the Services through the Platform by way of a Employee Assistance Program [EAP];
- LivAhead shall mean the LivAhead Private Limited [hereinafter also referred to as the Company for brevity sake], its employees, authorized agents, successors, parent company, subsidiaries, affiliates, past or present officers, directors shareholders, investors, employees agents, representatives, attorneys, licensors and information providers that act on behalf of the Company, the Platform, i.e. Website LivAhead.com and mobile based applications developed and operated under the brand name LivAhead;
- Counselor means an individual, trained as a counselor/ therapist, and who is registered with and empanelled on the Platform to provide counseling and therapy services to registered Clients through the Platform;
- Consent Forms mean the Informed Consent Form that the Client or his/her parent/legal guardian signs as a symbol of consent prior to engaging the Services of the Counselor or group of Counselors through the Platform;
- Session means the individual period of interaction devoted by the Counselor to provide psychological counseling / psycho-therapy services to a Client, at predetermined charges and for predetermined duration or as defined by these terms from time to time;
- Treatment means the duration of entire interaction between each Client and respective Counselor/s, either until the Counselor determines that the Client has received therapy or until the time the Counselor or the Client terminate or cancel the Sessions without any possibility of continuing the interaction thereafter. Treatment shall comprise of one or a sequence of multiple Sessions between each Counselor and Client, over a period of time;
- Platform means the web-based proprietary service platforms developed, maintained and operated by LivAhead that comprises of the Internet resource LivAhead.com and the mobile-based application under the brand name ‘LivAhead’;
- Services mean the psychological counseling/ psycho-therapy, and allied services rendered by the Counselor empanelled on the Platform to the respective Client who books an appointment with the Counselor. The term “Services” shall not include those services made available by LivAhead on the Platform, which are offered free of charge to the Users / Clients, i.e., [a] Listing of Counselors and their profiles and contact details for Users / Clients on the Platform, [b] Facilitating the creation and maintenance of ‘Client Accounts’, [c] enabling the search for Counselors based on criteria that may be developed and made available by LivAhead, [d] to make appointments with Counselors and carry out ancillary activities such as payments, addressing emails, resolve any queries, etc., [e] listing resources, research and information on the Platform, and [f] display and circulation of periodic newsletters to Client/ Users;
2.INTERPRETATION AND APPLICABILITY OF TERMS:
- The Client/User while downloading / accessing the Platform or mobile based applications of LivAhead, and accessing this Agreement/ Platform through mobile based application, then the applicable terms imposed by the respective online mobile applications stores shall also govern the use of the mobile application;
3. PLATFORM / WEBSITE
- LivAhead operates solely as a digital middleman, striving to develop and maintain a platform to connect individuals seeking psychological and counseling services with trained Counselors who have expertise in different specializations. As per the IT Act, 2000 and Rules, LivAhead is an “Intermediary”, and LivAhead is not liable for any transaction or interaction between the Client/s and Counselor/s and between Client/s and other Clients/Users on the Platform, for any information provided by the Counselors to the Client or vice versa, the Sessions conducted by the Counselor and Treatment provided therein, and in the event the Counselor, in the course of the Treatment, refers the Client to any third party expert.
- LivAhead’s functions include:
To develop and maintain the required infrastructure for operating a channel through which registered Clients can access and avail the Services of empanelled Counselors remotely through digital means, overcoming geographical barriers; To facilitate the registration process, payment facilities and requisite information for Users/ Clients to enable Services and Operations through the Platform. However, LivAhead does not have any nexus or involvement with the Services provided by the empanelled Counselors or their respective Clients. LivAhead’s role ends after the booking for a Session is confirmed, subject to these Terms and Conditions of Use; To verify the credentials of the Counselors, it is highly recommended that the Client ascertain the credentials on his/her own to avoid any discrepancy. LivAhead is under no obligation to verify the credential the Counselors. The Counselors, registered and empanelled, on this Platform have represented to LivAhead and to the Clients that they possess the requisite qualification and experience, statutory permission or license [if applicable in India] related to their fields or practice. LivAhead is not responsible for any claims that arise in the future over the qualifications and credentials of the Counselors; LivAhead does not pre-screen and monitor the Clients/Users who access and / or register with the Platform. However, in the event LivAhead finds it fit to monitor, censor or remove any content of the Client/User from the Platform, then LivAhead shall do so at its sole discretion; In the event LivAhead finds or suspects any illegal, wrongful, fraudulent or scrupulous activity on the Platform by the Client or any Counselor or User, then without prejudice to LivAhead’s rights, it shall approach and inform the concerned authorities and assist such authorities in their investigation including but not limited to granting access to Client/User information or any other information sough within the confines of law.
iii. LivAhead will not be liable to the Client for any losses caused by actions or omissions occurring in the course of transaction with the Platform that are beyond LivAhead’s reasonable control. LivAhead is not liable to the Client in respect of any loss of business, profits, incomes and damages. LivAhead shall also not be liable for any indirect or consequential loss or damage sustained by the Client;
iv. The content on the Platform is owned and/ or licensed by LivAhead Private Limited. The exclusive rights over the content on the Platform the Trademarks and other Intellectual Property [IP] are vested with the Company to the exclusion of all other. The Client, user or any person shall be liable if he/she infringes, reproduces, modifies, adapts, prepares derivative works, performs, displays, publishes, distributes, transmits, broadcasts, sells, licenses or otherwise exploits the content on the Platform without the prior written permission of the Company.
4.USE OF PLATFORM
The general access to the Platform and certain information on the Platform is made available for public view. However, only registered Clients with valid accounts on the Platform can avail Services of the empanelled Counselors by fixing appointments with the Counselors of their choice through the Platform.
- i. The Client/User agrees to use the Platform and the features provided through it only for legal purposes and in accordance with the applicable laws in India and this Agreement. The Client shall use and access the Platform and the Services provided therein within the confines of decency, morality and ethics. The information provided by the Client on the Platform shall be true, accurate, in its complete form and devoid of deception. In the event the information provided by the Client is found to be inaccurate, not current or incomplete, or the Company has reasonable grounds to believe so- then the Company has the sole discretion and the right to discontinue the Services and access to the Platform to the Client;
- ii. Those persons who are competent to enter into a legally binding contract under the Indian Contract Act, 1872 are allowed to access, use and/or register for appointments on the Platform. Persons who are incompetent to enter into a contract under the Indian Contract Act, 1872, including un-discharged solvents, minors etc, cannot access and use the Platform nor book appointments without the proper consent and guidance of a parent/legal guardian. Such persons can avail the Services as per the conditions laid out in these Terms. Only those persons who are eighteen  years and older are allowed to access, use and/or register on the Platform in any manner. In the event any Client/User who accesses and/or registers with the Platform is found to be below the age of eighteen  years of age, and is  using and accessing the Platform in registering an account, updating client content, booking appointments, making payments, etc without the appropriate consent and guidance of a parent / legal guardian and/or  availing Services of empanelled Counselors without a parent/legal guardian assenting to the Parent Consent Form, then the Company shall revoke such a Client’s registration with the Platform and suspend the Client Account and Services without prior notice. The Company may at its discretion blacklist the Client from future use of the Platform. The Company shall not be held liable for any harm, loss, damage or consequences affecting the Client arising from such a Client’s use and access of the Platform without appropriate parental or legal guardian consent;
- iii. If any Client is represented by a parent / legal guardian while using or accessing the Platform, then such a parent/ legal guardian shall in his/her representation use and access the Platform within the confines of law and this Agreement while representing a child/ dependant. The Company shall not be liable for any issues or disputes arising from his/her representation of others or use of the Platform on their behalf;
- At the time of creating an account, registration and booking appointments through the Platform, the Client shall be required to enter his/her complete name, as it appears in his/her Government issued identification, his/her valid and current phone number and email address. If at any time there is a change to the above mentioned Client/ User details, then the Client is required to immediately intimate the Platform by making the necessary modifications on his/her Account or by reaching out to the Company for assistance to make the modifications and update the user information;
- By registering his/her phone number and email address with the Company, the Client hereby consents to be contacted by the Company by way of telephone calls and / or SMS or electronic message notifications. The Client also hereby permits the Company to share Client details, including the Client’s phone number, contact details and email address with the Counselors with whom the Client has booked an appointment. In compliance with the “Do not disturb” guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India, the Client/ User hereby unconditionally consent to receive such intimation to be made by way of phone call and/ or SMS by the Company and the chosen Counselors. A registered Client may receive updates from the Company about Promotional Offers, Special Offers, Newsletters and Updates to the Client’s Email address and telephone number registered with the Company. However, the Client may choose at any time to no longer receive these types of e-mail or SMS messages by unsubscribing .
- The Client shall keep his/her account details, passwords and details of his/her Sessions/Treatments availed by him/her or by a person that he/she represents or that of any other Client/User on the Platform confidential and secure at all times. In the event the Client violates the confidentiality of the Sessions and Treatment whether such disclosure was made directly, indirectly, suggestively or in any manner that pierces the confidentiality of the subject person, then the Client shall be personally liable.
- The Client shall protect and safeguard his/her devices, computer system and computer network, through which the Client accesses and avails the Platform and Services from being accessed, tampered, etc., by third parties, .
- The Client shall take all necessary measures to prevent access to third parties either in person or through artificial intelligence/electronic means to such content. The Platform shall not be liable for such actions of the Client, it will take the appropriate legal action before competent authorities;
- After the Consent Form & Agreement are accepted, the Client needs to make payment as per applicable predetermined rates for the respective Counselors. The payments made by the Client shall be inclusive of the applicable taxes. The Client agrees to bear all taxes/duties levied thereon. Thereafter, the Client and the Counselor shall setup an independent chain of conversation between themselves to mutually decide the modes of communication for the Session on the Appointment date. The Client shall provide the accurate details of the ids and login credentials to the mutually agreed third party channels of communication for conducting the Session;
- The Counselor’s availability is as per the calendar provided on the Counselor’s page and availability of dates and time slots for that Counselor is determined by his/her respective calendar;
- The Client specifies his/ her preference for voice call or audio-video call at the time of fixing the appointment, and the third party application chosen to conduct the Session via voice or audios –video call shall be mutually agreed by the Client and the Counselor as per their discretion, convenience and preference;
- All subsequent Sessions, after the first Session, between the Client and Counselor shall be scheduled by following the procedure stipulated for booking appointments and shall be done solely through the Platform. In the event the Company gains knowledge of any offline booking of any Session by registered Clients and empanelled Counselors, then the Company shall initiate appropriate action against such a Client and Counselor.
- The interaction between the Client and Counselor shall be to the exclusion of the Company, and the Company shall not be privy to the details of their interactions. The role of the Company ends after the booking for a Session is completed, subject to these Terms;
- The Platform allows for the Client to book multiple appointments with the Counselor/s on this Platform upto three  months in advance, such bookings shall be made as per the Terms of this Agreement.
- For any Session booked on the Platform, the maximum number of participating Clients in a Session cannot exceed four  persons. In the event the number of participating Clients in a Session exceeds four  persons, the Counselor shall to inform the Clients of the maximum permissible participants per Session. In the event the Clients do not agree to reduce the number of participants in the Session to adhere to this Clause, then the Counselor shall cancel the Session and the Session shall be deemed as complete and no amounts shall be refunded to the Client,
- The Client represents and warrants to the Company that he/she shall not use or access the Platform or the Services, availed through the Platform, for monitoring the availability, performance or functionality of the functions of the Platform and professionals empanelled on the Platform, or for any other benchmarking or competitive purposes;
- In the event the Client seeks for an in-person session, then a request for an in-person session shall only be raised with the Company through the Platform. All booking of appointments, payments and other formalities to facilitate an in-person Session shall be done solely through the Platform. The Counselor may either accept or deny a request for in-person Sessions. In the event the Counselor consents for an in-person session and is willing to travel to meet with a Client, then the payments for the session and all ancillary expenses, including but not limited to transport, stay, food and incidentals, need to be paid prior to departure. The billing rates will be on per-hour basis/ per day basis. The Counselor and Client shall mutually determine the logistics and other details of the appointment. The Appointment and the Session shall be conducted within the confines of the Agreement, the rules of conduct for the Counselor and the periodic guidelines issued by the Platform. The Counselor is under no obligation to accept a request for an in-person Session, unless the appointment has provided an option for conducting an in-person session;
- Payment :
While availing any of the payment method/s available on the Platform, the Company / Platform shall not be responsible or assume any liability, whatsoever in respect of any loss or damages arising directly or indirectly to the Client due to : Lack of authorization for any transaction/s, or Exceeding the present limit mutually agreed between the Client and Bank/s, or Any payment issues arising out of the transactions, or Decline of transaction for any other reason/s All payments made by the Client for the service availed on the Platform shall be compulsorily in Indian Rupees, acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the payments made on the Platform. The Client has specifically authorized the Company or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically in respect of transactions through payment facility.
- The Client hereby understands, accepts and agrees that the payment facility provided on the Platform is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online-electronic payment, receiving payment, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and payment gateway networks. Further, by providing Payment Facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price;
- The Company reserves its right to refuse to process transactions by Clients with prior history of problematic charges including without limitation to breach of any Agreements by the Client with the Platform or breach/ violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the Clients, and all such online bank transfers on payment facility are also governed by the terms and conditions agreed to between the Client and the respective Issuing bank.
- The Company reserves the right to impose limits on the number of transactions or transaction price which the Platform may receive from an individual valid credit/debit/cash card or from any valid bank account or and such other infrastructure or through any such facility authorized by Reserve Bank of India to enable support facility for collection and remittance of payment during any time period, and reserves the right to refuse to process Transactions exceeding such limits.
- No-Show, Rescheduling and Cancellation Policy
- All payments made by a Client for confirmed appointments are non-refundable. In accordance with these Terms, once an appointment is booked on the Platform, then the Platform has no liability if the Counselor later cancels such an appointment, or if the Counselor is not available for appointment, subject to the provisions specified in this Clause.
- The Client can alter or reschedule Confirmed Appointments until forty-eight  hours before the booked time slot for the appointment by logging into his/her account on the Platform and making the required changes. At the time of rescheduling, the Client shall not be permitted to change the Counselor. Rescheduling shall only be applicable with the Counselor with whom the appointment was initially booked. In the event the Client is unable to make the changes himself/ herself, then he/she can write to the Company via email to firstname.lastname@example.org. The altered / rescheduled appointment details will be made available on the Clients’ Account and confirmed via email addressed to the Client. No reschedule requests of appointments shall be entertained forty eight  hours within the booked time slot for the appointment.
- The Company does not charge any fee to reschedule appointments before forty-eight  hours of the appointment time. The Company reserves the right to charge a rescheduling fee in future;
- Cancellation The Client may, at his/her discretion, cancel an appointment. If the Client cancels an appointment, then he/she shall not receive any refund for the cancelled booking. However, if the Client chooses to reschedule instead of cancelling a Session, then the terms of Clauses 4.iv.n.2 and 4.iv.n.3 shall be applicable for rescheduling.
- If the Counselor cancels a Session or reschedules a Session for any reason, then the Client who booked such a Session shall be entitled to receive either a refund of the Consultation Fee paid for the booking or a Coupon Code from the Company. In the event the Client seeks to be issued a Coupon Code, then the Company shall issue a Coupon Code confirming the details in email format and the same can be used by Client to book another appointment as per the his/her choice of date and time. The Client must use the Coupon Code within three  months from the date of its issue failing which the Coupon Code shall stand null and void and no refund request will be entertained by the Company thereafter in respect of the expired Coupon Code. A Coupon Code received by the Client from the Company shall be for the complete value of the Consultation Fee paid by him/her, and the Client may utilize the same to book a new appointment with the Counselor or any other Counselor on the Platform. The terms and Conditions applicable for the Coupon Code issued by the Company shall be applicable to the Client.
- If a Client reschedules or cancels any Session within forty-eight  hours of the booked time slot for the Appointment, then the Client will not receive a Refund or Coupon Code (if issuable). The payment made by the Client for the Session will be deemed complete and the Session will be treated as Completed. The payment made for such a Session will not be refunded in such cases;
- Client No-Show: In the event a Client is not present for a booked appointment till fifteen  minutes after the scheduled session has started then it will be treated as a no-show. A No-show event will trigger when fifteen  minutes have passed from the Session appointment time and the Client has not informed his/her readiness to commence the session to the Counselor by way of a text message, email or other modes of communication and the Client has not commenced the call till fifteen  minutes after the booked time slot. When a Client fails to inform the Counselor of his/her readiness to commence a call or its he/she fails to commence the call till fifteen  minutes after the scheduled time of appointment, the fees paid by the Client for the Appointment will not be refunded, nor will a rescheduling be done against the paid fees. In such cases the Session will be deemed completed and the payment made for the Session will not be refunded, neither will a Coupon Code be issued;
- Counselor No-show: In the event of a Counselor not being present for a booked appointment, till fifteen  minutes after the scheduled session time has elapsed, then it will be treated as a no-show at the Counselor’s end. No-show event will trigger when fifteen  minutes have passed from the Session appointment time and the Counselor has not informed his/her readiness to commence the Session to the Client by way of a text message, email or other modes of communication to commence the audio call or the audio-video call, and/or has failed to commence the call before the expiry of the fifteen  minutes after the Appointment time. In such a case, the Client shall write to the Company at email@example.com to inform the Company of the Counselor’s no-show event and request for a Coupon Code. The Company will then issue a Coupon Code for the entire Consultation Fee paid for the Session, and such a Coupon Code can be used to book a Session with the same Counselor or another Counselor on the Platform upto the value of the Coupon Code. The Client will not be given a refund for such Sessions where the Counselor is a no-show. The Company shall issue a Coupon Code confirming the details in email format and the same will be used by Client to book another appointment online. The Client must use the Coupon Code within three  months from the date of its issue failing which the coupon shall stand null and void and no refund request will be entertained by the Company thereafter in respect of the expired coupon. The terms and Conditions applicable for the Coupon Code issued by the Company shall be applicable to the Client. If the charges of the new session with some other Counselor are higher than the value of the Coupon Code, the Client will have to pay the difference between the value of the new session and the value of the Coupon Code. However, if the value of the Coupon Code is more than the value of the new session, the differential amount between the Coupon Code and the session cost will not be refunded to the Client;
- If both Client and Counselor are not present for the session, then Client would get no refund or a Coupon Code; In the event where both Counselor and Client are logged into an audio or audio-video session (even for a few seconds) and they are unable to complete at least twenty five  minutes of the Session owing to technical issues then they are required to switch to an alternative mode of communication or alternate channel of communication to ensure the execution of the Session. In the event after considerable attempts the Counselor and the Client are unable to switch to an alternate mode or channel of communication then – For technical issues that occur at the Counselor’s end, the Client will receive a reschedule Coupon Code and the Counselor will be treated as a no-show; For technical issues occurring at Client’s end, the Client will be treated as no-show and no payment will be refunded nor will a coupon code be issued to the Client. If both face technical issues then the Session will be treated as ‘complete’ and no payment will be refunded or rescheduled to Client If either party faces technical problems, but they manage to do more than thirty  minutes of the session then the session will be treated as ‘Complete’ and no payment will be refunded or rescheduled to Client and Counselor won’t receive the payment for that session.
- If a Session, after commencement, is stopped or interrupted by the Client, for reasons other than technical issues, then the Session will be deemed to be complete and the payment will not be refunded. If the Client causes the interruption or hindrance to the Session for more than fifteen  minutes, then the Counselor may exit the call, and the Session will be deemed completed.
- If a Session, after commencement, is stopped or interrupted by the Counselor for more than ten  minutes, for reasons other than technical issues, and the Counselor does not resolve the interruption or hindrance for more than ten  minutes, then the Client may exit the call and the Session will be deemed cancelled by the Counselor and the Client shall be entitled to receive a Coupon Code as per the provisions of Clause 4.iv.n.5.
- In the event after the commencement of a Session, the Client [or one or more of the Clients part of a group session] turns up sick / ill / intoxicated or otherwise incapacitated to participate in the Session, or any other circumstance that will interfere with the proper conduct of the Session, then the Counselor has a right to terminate the Session and no fee will be refunded to the Client and the Session will be deemed completed
- If the Counselor seeks to reschedule the Session, the Counselor shall inform the Company in writing atleast forty-eight  hours prior to the booked time slot for the appointment, that the Counselor seeks to reschedule. Upon receiving the reschedule request from the Counselor forty-eight  hours prior to the appointment time, the Company shall coordinate with the Client by offering the Client an option to seek a coupon code or reschedule with the same or another Counselor.
- In the event a Client requests a reschedule as permitted by Clauses 4.iv.r.5, 4.iv.r.8, 4.iv.r.10.A, 4.iv.r.14, 4.iv.r.16 and requests for such a rescheduled Sessions with a different Counselor, then the Client shall inform the Company in writing to firstname.lastname@example.org seeking for a different Counselor, and the Company shall make the booking as per these Terms.
- If the Counselor does not wish to continue providing Services to any Client or if after booking the appointment the Counselor chooses not to provide services owing to conflict of interest, morality, outside the line of expertise, etc., then the Counselor shall write to the Company forty-eight  hours before the scheduled time slot of the appointment or immediately upon gaining knowledge that he/she will not render Services to a particular Client, whichever is earlier. The Company shall then coordinate with the Counselor, subject Client and Company’s Management to provide the Client with an alternative. The Company shall entertain a request for such a request from the Counselor only if it is convinced of the reasons provided. In the event the Company is not convinced with the reasons provided by the Counselor, then it shall be deemed that the Counselor has cancelled the Session and provisions of Clause 4.iv.n.5 shall be applicable. In the event the Company permits the Counselor to not provide Services to a Client, then it shall provide the Client with the option to  seek a refund for the Consultation Fee paid for the Session, or  receive a Coupon Code for the entire value of the Consultation Fee, which can be used to book a Session with any other Counselor on the Platform, subject to the terms and conditions of the Coupon Code.
- In the case the Company receives Client complaints in writing to email@example.com, regarding misconduct or dissatisfaction or misbehavior by a Counselor during a Session, the case will be reviewed offline and a decision to re-schedule and/or charge a penalty on Counselor will be taken. The Company will decide at its sole discretion in such cases;
- In case of any complaint raised by a Counselor during a Session regarding any misconduct, misbehavior or dereliction by a Client, the Counselor shall raise the issue offline with the Company, in writing to firstname.lastname@example.org, and the case will be reviewed offline by the Company and it will at its sole discretion decide to charge a penalty on Client or blacklist Client or direct the Client to other Counselors on the Platform;
- In the event of any other cases not included above shall be solely determined by Company and both Client and Counselor shall agree to be bound by the decision of Company and such a decision by the Company shall be final and binding on the parties, and the Client & Counselor cannot dispute the such a decision.
- Termination by the Counselor The Counselor has a right to terminate a booked Session, after the commencement of the Session, and such a terminated Session shall be deemed complete and no consultation fee shall be refunded to the Client. The Counselor may terminate the Session in the event-
- The Client [or one or more Clients in a group Session] misbehaves or causes discomfort to the Counselor/s [or other Clients in a group Session]; or The Client causes or does not prevent the causation of continued disturbance during the course of the Session; or The Counselor determines that there is no point in continuing with the Session as the Client/s is disturbed or otherwise unable to productively participate in the Session In the event the Client is volatile, unstable or agitated during the course of the Session that prevents the Counselor from rendering his/her Services; or In the event the Client is prescribed medication by his/her psychiatrist or any other doctor, and such consumption of such medication is necessary for the Client to avail the Services from his/her Counselor on the Platform, and the Client does not take such prescribed medication hampering his/her ability to participate in the Session; or During the Session, the Counselor gains knowledge of the Client/s recording the proceedings of the Session using electronic means/ artificial intelligence tools.
- Reviews The Client shall be solely responsible for the content that he/she chooses to submit for publication, including any feedback, ratings, or reviews on the Platform relating to the Services availed by him/her from the empanelled Counselors. The Company shall only act as an Intermediary, as defined by the Information Technology Act, 2000, while publishing the Client’s content. The Company shall not be responsible for such content published by the Client. The Company ardently strives to protect its Client’s privacy and confidentiality. The Client shall not be compelled by the Company or the Counselors to publish reviews/ testimonials on the Platform, and any reviews or testimonial published by the Client shall be at his/her discretion. A Client’s publication, reviews and testimonials on the Platform shall be governed by the Privacy terms, and the Client agrees not to post or publish any content on the Platform that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the Intellectual Property Act, 2000 or (c) is found to be indecent, obscene or otherwise inappropriate to be displayed on the Platform. The Company at its sole discretion may choose not to publish the Client’s reviews, testimonial and feedback, if so required by applicable law. The Client consents to be contacted by the Company on his/her registered telephone number by call or SMS or email address to seek feedback on the Platform and Services provided by the Counselors.
- Client Account and User Content: The Client shall access and use the Platform only for lawful purposes. The Client shall be solely responsible for his/her conduct and any data that he/she may submit, post or display on or via the Platform. The Company shall have no liability for conduct in relation to the Client’s access and use of the Platform. The Client shall access the Platform himself/herself and the Client shall not resort to use any engine, software, tool, agent or spiders, robots, avatars or intelligent agents or other such device or mechanism to use and access of the Platform. The Client shall not upload, post or otherwise transmit through the Platform anything that – Violates or attempts to violate or infringes the rights o the Company, other Clients/ User or Counselors, or Violates or attempts to violate the integrity or security of the Platform or any Content hosted or owned by the Company; or Invades the privacy or publicity rights of anyone, or Disrupts or challenges the terms of Service on the Platform as a result of any information that the Client communicates including text, pictures and hyperlinks through the Platform or to other Clients of the Platform or Counselors on the Platform, or Makes or attempts to make any unsolicited communication with the other Clients on the Platform, Counselors on the Platform, the administration or representatives of the Company; or Eludes or disables any digital rights management, usage rules, or other security features of the Company or affiliated third party Software, or Duplicates or attempts to duplicate, or copy or attempt to copy the content on the Platform or portion thereof, Attempts to decipher, decompile, disassemble or reverse engineer any part of the Platform; Harms, disrupts or or attempts to harm anyone or encourage such conduct that would constitute a criminal offense, or give rise to civil liability or otherwise violate any law in India. Is a computer virus or other digital malware and harmful, disruptive or destructive files, capable of disrupting or interfering with the functioning of the Platform, access and use by the Client, other Clients, Company or Counselors. As mandated by Information Technology (Intermediaries Guidelines) Rules, 2011, The Client shall not host, display, upload, modify, publish, transmit, update or share any information that: belongs to another person and to which the Client does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, political, seditious or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law in India for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation The Company does not charge any Membership Fees, and the registration of an Account on the Platform is cost-free. However, if the Company introduces a registration fee in the future then such fee shall be payable as per the terms specified from time to time. The Client is required to make payments for the session/sessions, at the applicable rates. The rates applicable for the services provided by Counselors of varying experience and expertise are displayed on the Platform. The Company, at its sole discretion may introduce new Services or facilities or modify the existing Services and facilities at anytime, and the Company reserves its right to introduce fee structures for such novel Services or to amend/introduce amended fees for existing services. All fees shall be quoted in Indian Rupees and be payable to the Company, unless specified otherwise and the payment shall be prepaid before the Services are rendered. In the case of Services rendered under EAP Agreements, the terms of the respective EAP Agreements will determine the conditions for Services.
5. THIRD PARTY CONTENT
- The Platform may contain other content, products or services that 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 that are related to Third Party Content. The Company is not responsible for the creation of any such Third Party Content, including but not limited to any related products, practices, terms or policies, and the Company shall not be liable for any damage or loss caused by any Third Party Content to the Clients and/or Counselors;
- The Platform may contain links to third party sites or third party gateways, however the provision of such links by the Platform is not an endorsement by the Company of such third parties, and the links are provided on the Platform for the convenience of the Clients to equip themselves with relevant information and tools;
- The Company does not control such Linked Sites nor the content on the linked Sites. The Company shall not be responsible for any content, its accuracy, validity, reliability, quality of such sites or gateways or for any;
- The Company will not be responsible for any transmissions or communications received by the Client from any Linked Site;
- The respective third party’s’ sites terms & conditions, privacy policies, covenants, intellectual property rights and other applicable policies shall govern the Client’s access or use of such linked sites. Further, the Client agrees and acknowledges that the Company is not responsible for his/her use and access of such links or consequences of the Client’s use or access of such links including but not limited to such linked sites’ displayed content, newsletters, schemes, policies, the Client’s reliance on the linked sites’ advertisements & material, the products sold by the Sites or Services availed through the site. In the event any issue or dispute arises from the Client’s use or access to such links or the linked sites contain or expose the Client through his/her use and access to any content that is defamatory, false, obscene, objectionable or pornographic in nature or is in violation of any laws in Indian, then the Company shall not be liable for the same.
6. REPRESENTATIONS & WARRANTIES
Company’s Representations and Warranties:
- To ensure that the Platform and its content are made available to all interested parties on an “as-is” and “as-available” basis. The Company does not promise that the Platform site or any content, or features of the Platform will be absolutely correct, or that the Company will rectify any defects, or that the Client/ User or the Counselor will have uninterrupted access or that they can avail specific results from the Platform. The Company does not guarantee that the Client’s or Counselor’s use or access of the Platform will be viruses-free or that there will not be any contamination or destructive features.
- Not to recommend or suggest any Counselor or Service to the Clients, and that it shall ensure that the Clients are allowed discretion to select the Counselors and Services as per their preferences.
- The Company does not provide or make any representation, warranty or guarantee, express or implied, about the Platform or the Services provided by the empanelled Counselors. The quality of the Services rendered by the Counselors or the outcomes of treatments. The Company does not implicitly or explicitly support or endorse the Services/ Specializations offered by Counselors on the portal, or the Services of any third party experts suggested by the Counselors in the course of Session/Treatment to Clients. The Company shall not be liable for any errors or omissions.
- The Company does not guarantee the accuracy or completeness of any content or information provided by the Client/ Counselor on the Platform. To the fullest extent permitted by law, the Company disclaims all liability arising out of the Client’s use or reliance upon the Platform, the Services provided through the Platform, representations and warranties made by other Client/Users and Counselors, the content or information provided by the Counselors and other Clients/ Users on the Platform, or any opinion or suggestion given or expressed
- The Company is not responsible for any non-performance or breach of any contract. The Company cannot and does not guarantee that the concerned Counselors will perform any transaction concluded through the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Counselors and Clients
- The Company shall not be liable to the Client or the Counselor in any way or in relation to the contracts of, or use / access of, the Platform. The Company does not warrant that the Platform, information, content, material, products including software or Services displayed on or otherwise made available to through the Platform, or that the Company’s servers or electronic communications sent are free of viruses or other harmful components. The Company does not warrant that defects, if any, on the Platform will be remedied by it. Any content downloaded or otherwise obtained via the Platform is done by the Client at his/her own risk, and the Client shall be solely responsible for any damages to his devices, software or for loss / corruption of data that transpires from such download. The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Client’s/ Counselor’s equipment on account of his/her access to, use of, or browsing the Platform or downloading of any material, data, text, images, video content, or audio content from the Platform. If Client is dissatisfied with the Platform, he/she is at liberty to discontinue the use of the Platform at any time
- The Platform is provided on an “as is” basis, and use of the Platform is at the Client’s risk, to the maximum extent permitted by applicable law, the Platform is made available 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. Notwithstanding the above, the Company, its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the Platform is accurate, reliable or correct. The Company does not warrant that the Services made available through the Platform will meet the Client’s requirements.
- The company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked platform or service, and the Company will not be a party to or in any way monitor any transaction between the Client and third-party providers of products or service
- The Company shall not be responsible or assumes any liability for any User Content that is posted, stored, created or sent on the Platform by the Clients/ Counselors. The Client/ Counselors shall be solely responsible for their User Content and the consequences arising from the same,
- The Company is not responsible for, and does not endorse, User Content posted within the Platform. The Company does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If any User Content violates this Agreement, then the Client/ Counselor who posts or causes such violating content on the Platform shall be solely responsible for any legal consequences, and the Company reserves its right to take appropriate actions.
- The Company reserves the right to remove any User Content from the Platform for any reason, without prior notice. User Content removed from the Platform may continue to be stored by the Company, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. The Company will not be liable for any modification, suspension, or discontinuation of the Platform, or the loss of any User Content.
- Without prior notice the Company may change the Platform, stop providing the Platform or features of the Platform, to the Client or to Users generally, or create usage limits for the Platform. The Company may permanently or temporarily terminate or suspend Client’s/ Counselor’s access to the Platform, or delete any User Content without notice and liability for any reason.
- COUNSELOR’S REPRESENTATIONS & WARRANTIES
- The Counselor represents and warrants that he/she is qualified to provide psychological counseling services as stipulated by the Agreement entered into by him/her with the Company and as per the requirements of the Client;
- The Counselor represents and warrants that all the information and details provided by him/her to the Company & Client, displayed on the Platform and represented to the Clients during the course of interaction is true, complete and accurate. The Counselor further indemnifies the Company/ Platform against any claims or disputes arising from the same;
- The Counselor represents to the Client that he/she shall respond to the Client within a reasonable time but in no event more than one business day after receiving Client’s request for appointment, and that he/she will conduct the Session / Treatments in accordance with the code of conduct and ethical principles as stipulated by the Company and International standards;
- To hold any information provided by a Client in strict confidence and not to disclose it to any third party, unless expressly required by a Court Order within the confines of law.
- The Counselor undertakes that he/she shall not recommend or prescribe any medication, drugs, or other controlled substance, whether restricted or otherwise, or advertising or endorsing or pushing any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever to any Client availing his/her Services through the Platform. In the event the Company gains knowledge of such recommendation or prescription, then the Counselor shall be liable to be removed from the Platform, blacklisted and face criminal & civil charges.
- The Counselors shall indemnify and hold indemnified the Company for any adverse result arising from treatment of a Client through this Platform
- The Counselor, in the course of treatment of any Client/ Clients may determine that such a Client/ Clients need to avail the services of a third party expert- psychiatrist, medical practitioner, psychologist, etc, whether such an expert operates on the Platform or is independent to the Platform/ Company. In such cases the Counselor makes such recommendations to the Client/ Clients on his/her own prudency, without any influence from any person including but not limited to the Company. The Client has the choice not to avail such recommendations, and the Counselor indemnifies the Company against all or any claims raised by Clients or third party experts over claims or disputes over such third party recommendations.
- The Counselor represents and warrants that he/she shall take utmost care to ensure confidentiality of the Client and Sessions / Treatment conducted through the Platform. The Counselor warrants that he/she shall ensure to use secure electronic devices, computer network and software while rendering Services to the Client, and that he/she shall ensure that the Sessions with the Client are not audio or audio-video recorded by the device used by the Counselor or by any third party application.
- The Company’s use of information provided by the Client on the Platform and the Services availed by the Client through the Platform is solely at the discretion and risk of the Client. The Company is not, and will not in any manner be involved in the practice of medicine or the provision of medical care or mental health care.
- The Platform and the Services made available on it are not for crisis intervention or emergencies. If the Client thinks that he/she has a medical or mental health emergency, or if at any time the Client is concerned about his/her care or treatment, then the Client is suggested to go to the nearest hospital or health care provider.
- The Platform is not a suicide helpline, nor do the Counselors on it provide for suicide intervention. If the Client is considering or contemplating suicide or feels that he/she is a danger to himself/ herself or to others, then the Counselor may discontinue use of the services immediately at his/her discretion and notify appropriate police or emergency medical personnel.
- The Counselors empanelled on the Platform are psychologists and they do not prescribe or suggest any medication [controlled substances or otherwise] to the Clients. The Client is informed that the Counselor is not supposed to prescribe medication directly to the Client, but may recommend third party experts who are licensed to prescribe medication. In the event the Counselor prescribes or suggests any medication directly to the Client, then the Company shall not be liable for such actions of the Counselor and for the possible out outcomes from the actions or inactions of the Counselor and Client thereof. In the event the Counselor prescribes or suggests any medication, the Company will initiate appropriate legal action against such Counselor immediately upon gaining knowledge of the same.
8. LIMITATION OF LIABILITY
- The Company is an Intermediary and acts as a digital middleman connecting Clients with Counselors to avail counseling services. After the initial credentialing of the Counselors, the Company does not assess nor guarantee the expertise, legality or qualifications of any Consultant. The Company shall under no circumstance be liable for any expenses, loss or damage, whether direct or indirect, incidental, special or consequential of any kind, arising from the use, or loss of use, of data, arising out of or in connection with the use of the Platform. The Client waives and releases the Company from any liability arising from or in any way related to the Consultants and Services provided by them. The Company shall not be party to any disputes, negotiations of disputes arising from the course of Sessions and Treatment or interactions between the Client and the Counselor.
- Once the registration formalities, fixing appointments and payment is completed for booking an appointment with the Counselors, the role of the Company comes to an end and that the Company acts only as a digital-intermediary and not as a Counselor, hospital or health care provider. To the maximum possible limits permissible by law, the Company its directors, officers, agents, employees, assignees and representatives will not be liable for any direct, incidental, consequential, indirect, special, or punitive damages, including but not limited to loss of business, revenue, profits, anticipated profits, goodwill, arising out of the Client’s access, use, misuse, or inability to use the Platform or any linked sites by the Client or Counselor, or in connection with any failure of performance including but not limited to :
- Injury to any person [body or mind] or property caused in the course of treatment provided by the Counselor; or Deficiencies or discrepancies in counseling sessions conducted by Counselor; or Any other issues arising in the course of treatment.
- By use of the Platform and the services, the Client/ User acknowledges that he/she is solely responsible for any and all actions, liabilities, consequences, decisions, conduct arising out of or in connection with the use of the Platform and the Services availed through it, and that the Company is in no way responsible for such conduct.
- The Client shall avail the Services of a Counselor chosen by him/her on this Platform, at his/her sole risk and cost and in any case, he/she shall indemnify and hold the Company harmless of any claim or loss or damage arising from the services availed by him/her from a Counselor through this Platform
- The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties or Counselors or Clients.
- The Client/ User releases and indemnify Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Counselor registered on the Platform and specifically waive any claims that the Client may have in this behalf under any applicable law. Not with standing its reasonable efforts on that behalf, the Company cannot control the information provided by Counselors, which is made available on the Platform. The Client may find Counselors’ information to be offensive, harmful, inaccurate, or deceptive. Kindly use caution and practice safety when using the Platform
- Any claims made against the Counselor or in lieu of the Services availed through the Platform by the Client shall not be the responsibility of the Company and therefore the Client relieves the Company from such claims or disputes. Any claims or disputes over the services rendered by the Counselors should be claimed against the respective Counselor in accordance with these Terms. The Client shall indemnify and hold the Company harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by the Client of any of these Terms, or any use of the Platform;
- The Client at all times indemnify and keeps the Company/ Platform and its directors, officers, agents, employees, assignees and representatives fully indemnified against any and all claims, demands, actions, proceedings, losses, damages, costs, charges, expenses (including reasonable attorney fees), interests and disbursements of any nature whatsoever which the Company/ Platform may pay or incur or suffer or sustain, or be liable to pay or incur or suffer or sustain, as a result or consequence, direct or indirect, of (i) any untrue, incorrect and/or misleading undertakings or representations made by the Client or (ii) of any breach of the provisions of this Agreement or (iii) any gross negligence or willful misconduct by the Client, or (iv) the Client’s access and use of the Platform;
- In the event the Counselor/Counselors, during the course of the Session or Treatment, recommend a third party – expert, psychiatrist or any other professional [i.e. those empanelled on the Platform and those who are not empanelled or associated with the Platform], whose expertise is deemed to be necessary by such a Counselor/ Counselors for the Client’s betterment and improvement, then the Client agrees that the Counselor/ Counselors are making such recommendations on their own judgment and professional standing. The Company/ Platform does not endorse or sponsor any healthcare, medical care providers and any recommendations or suggestions made by the Counselor/ Counselors are at the discretion of the respective Counselor/ Counselors. The Client agrees that he/she is at liberty to reject such recommendations or suggestions made during the Client’s Sessions or Treatment. The Client agree to fully indemnify the Company/ Platform, its directors, officers, agents, employees, assignees and representatives against any and all claims arising from such recommendations of third party experts or availing the services of such third party experts;
- In the event of a dispute over any transaction conducted through the Platform, the Client hereby relieves the Company, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses – direct, indirect, incidental or consequential-, damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which member may have against one or more of the above;
- The Client releases and indemnifies the Company and / or any of its officers and representatives from any cost, damages, liability or other consequences of any of the actions of the users of the website and specifically waives any claims that he/she may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, the Company shall not be responsible or control the information provided by Clients on the Platform The Client may find other Client’s information or publication to be offensive, harmful, inconsistent, inaccurate or deceptive. Kindly use caution and safe practices while accessing and using the Platform.
10. PRIVACY AND SECURITY
- The Company at all times strives to maintain and ensure the confidentiality and security of all Clients, empanelled Counselors not only about the details of any services rendered, but also the fact that an individual may be in contact with the Company or its empanelled Counselors. Electronic communications are not a secure form of communication, and because confidentiality cannot be absolutely assured in such communications, the use of electronic communication should be with caution. Electronic communication shall be used on the Platform for creating accounts, scheduling appointments, feedbacks, raising queries or complaints but is never used for counseling purposes, i.e. no counseling session will be conducted on the Platform or using the tools of the Platform.
- The Company cannot guarantee that unauthorized third parties will never be able to defeat its security measures or gain access or use Client’s personal information for improper purposes. The Client acknowledge that he/she provide personal information at his/her own risk
- The Information Technology [Reasonable Security Practices and Procedures and Sensitive Personal Information] Rules, 2011 allows the Company to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the Company as provided for under the said Rules, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the User or where the User has consented to data transfer
- The Client shall be responsible for maintaining the confidentiality of his/her account, access information and password. The Client shall be responsible for all usage of his/her account and password, whether or not authorized by him/her. In the event the Client suspects or there is an actual unauthorized use or access to his/her Account or password to the Platform, then the Client shall immediately notify the Company at infor@LivAhead.com. Though the Company is not liable for the Client’s losses caused by any unauthorized use of his/her account, the Client may be liable for the losses suffered by the Company or such other parties as the case may be, owing to any unauthorized use of the Client’s account.
- Records: The Company does not maintain any records from the Sessions or Treatments from the empanelled Counselors. It collects the Client’s data needed for registration, setting up an Account on the Platform, for booking an Appointment and billing reconciliation. The Company shall also be in possession of the emails or correspondences exchanged between the Client and the Company or its representatives. The Company holds the right to destroy all records and documents, at its discretion, that it maintains after ninety  days from the date of the Session,
- Data collection: As per the Information Technology [Reasonable Security Practices and Procedures and Sensitive Personal Information] Rules, 2011, the Company may collect Client/ User’s personal data at the time of registration or filling out the Consent Forms, The financial information such as bank account, credit / debit cards or other payment instruments at the time of payment is used by RazorPay for billing purposes and the Company does not store it nor has any responsibility for the same. This date is only used in connection with the functions and activities that are carried out by and through the Platform and where the collection of such information is necessary. The Company shall take all necessary measures to ensure that all permissible and possible security practices and procedures for the collections, processing and handling of the personal data or information is undertaken.
- Retention & Removal: The Client permits the Company to retain such information collected from him/her on the Platform or during the course of his/her access and use of the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Information Technology [Reasonable Security Practices and Procedures and Sensitive Personal Information] Rules, 2011. Computer web server logs may be preserved as long as administratively necessary,
11. INTELLECTUAL PROPERTY
- LivAhead values the Intellectual Property Rights of others and expects its the Clients/Users and Counselors on the Platform to do the same.
- LivAhead shall own wholly, completely and fully all intellectual property rights, including but not limited to trademarks, trade dress, copyright, patent, service mark, domain name, design rights, mask work rights, moral rights, publicity rights, privacy rights, service mark rights, goodwill, trade secret rights and other intellectual property as may now exist or hereafter come into existence, without limitation any derivatives improvements or modifications and all Websites, registrations, renewals and extensions thereof, whose ownership is directly attributable to LivAhead Private Limited or its affiliates under the Indian laws or under the laws of any state, country, territory or other jurisdiction.
- The Clients/Users or the Counselors shall have no right to claim on such intellectual property in any manner whatsoever. The content of any document cannot be copied, modified, distributed, reproduced, republished, downloaded, displayed, transmitted or sold in any form or by any means of in whole or in parts without the prior written permission of the Company,
- All content on the Platform is available to the Clients and Counselors only to book appointments, gain knowledge on mental health and communicate with the LivAhead community as per this Agreement. LivAhead solely owns the content on the Platform, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Platform, and those that are developed and maintained under the brand name LivAhead. The Client shall not modify any of the content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
- The copyright of any research or publications displayed or made available on the Platform shall be vested in the Company or is licensed by the Company, and the Client shall not copy or download such content without the prior written consent of the Company. In the event the Company gains knowledge of plagiarism of any content of the Platform by a Client/ User, then it shall terminate such Client’s account, block his/her access to the Platform and initiate appropriate legal action,
- The Company reserves its right to remove content from the Platform that is or is alleged to be infringing the intellectual property rights of the Company or any other third party without prior notice, at its sole discretion, and without liability arising from such actions. The Company will respond to notices of the alleged copyright or other intellectual property right infringements in compliance with applicable law, the Company’s take down policy;
12.SUSPENSION/ BREACH & TERMINATION
- The Company reserves its right to suspend and/ or terminate any Client’s access or use of the Platform to avail Services, with or without issuing a notice, and its right to exercise other remedies available to it under law as per these Terms; Any suspension, termination or cancellation will not affect the Client’s obligation to the Company and the Counselor under these terms which by their nature survive;
- The Client shall not access or use the Platform in any manner that shall constitute to be against the laws in India. However, if the Company determines that the information or feedback provided by the Client is fraudulent, inaccurate, or, then the Company reserves the right to immediately suspend the Client’s access to the Platform, and his/her Account will be liable to suspension as per these Terms. The Client shall be liable to indemnify the Company for any losses incurred as a result of his/her misrepresentations or fraudulent feedback that has adversely affected the Company, the Counselor/s or other Users
- In the event the Account of any Client is suspended, temporarily or otherwise, or terminated as per these Terms, then the Client shall not continue accessing and using the Platform in any direct or clandestine manner. All access, benefits, information, support and Services available through the Platform shall cease to be accessible to such a Client;
- The Company reserves its right to terminate these Terms or any part of the Agreement at any time and for any reason. The Company at its sole discretion may restrict, suspend, or terminate any Client’s access to and use of the Platform, with or without prior notice, in such a case applicable sections of the Agreement and these Terms shall survive termination. In addition to any termination rights, the Company reserves the right to enforce and prosecute any violations of these Terms;
- In the event the Company gains knowledge, on its own or through any other source, then it shall be entitled to disable such information that is in contravention these Terms and the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to concerned governmental authorities for investigation purposes.
- The Client consents to the Company to disclose or transfer User-Generated information to the Company’s affiliates or governmental authorities in such manner as permitted or required by applicable law, when the need for such disclosure arises within the confines of law.
- Once temporarily suspended, indefinitely suspended or terminated, the Client may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such Client. The Client shall ensure that he/she/it has continuous backup of any medical services the Client has rendered in order to comply with the Client’s record keeping process and practice
- Upon Cancellation of Account by the Client or Termination / Suspension of the Account for any reason, the Client shall delete all content from his/her Account. The Company shall not be liable to the Client or to any other person/party claiming for loss or damages arising out of such cancellation/ termination or suspension of the Client Account, or any other action taken by the Company in lieu of termination or suspension of Client Account.
- Upon the Death or incapacity of the Counselor: In the event the Counselor dies or is incapacitated from performing his/her duties, then the treatment of the Client with the deceased Counselor shall be The Client shall be given an option to engage the Services of other Counselors on the Platform or to seek refund for the bookings made by him/her with the deceased Counselor in accordance with these Terms.
- In the event any unforeseen, non-emergency situation arises where there is a need for attention by the Counselor/s in a timely manner, but the Client is unable to book an appointment with the Counselor owing to non-availability of appointment slots or any other reason, then the Client may contact the Company by writing to email@example.com or call to 9848884602 for booking an appointment at the earliest.
- In the event a Counselor is no longer associated with the Company and ceases to be an empanelled Counselor, then the Clients who have booked Sessions with such Counselor shall be informed by the Company and the Client/s will have the option to seek a refund for the Consultation Fee paid, or a Coupon Code for the entire amount of the Consultation Fee paid to book Sessions with other Counselors on the Platform and continue his/her Treatment, subject to these Terms;
- There can exist only a professional relationship between the empanelled Counselors and Clients. In the event the barriers of the professional relationship are transgressed with the Counselor and the Client engaging in any social, personal and/or business relationship, including but not limited to gifting, bartering, and trading services, then the Company has, at its discretion, the right to blacklist, terminate or cancel the Client account and to penalize the Counselor
- The Company reserves its right to Terminate Client’s access, Account and appointments on the Platform, block access to the Platform from the Client’s IP addresses and email ids with or without notice and to exercise any other remedy available under law, in the event:
- Another Client or Counselor or any third party reports violation of any of their respective right as a result of the Client’s actions or omissions or use of the Services; or
- The Company gains knowledge that the information the Client provided is inaccurate, false or misleading or in the event the Company is unable to verify or authenticate any information provide by him/her;
- The Company has reasonable grounds to suspect any illegal, fraudulent or abusive activity on Client’s part.
13. GOVERNING LAW , JURISDICTION & DISPUTE RESOLUTION
- This Agreement shall be governed by the laws of India, and the courts at Hyderabad, Telangana shall have exclusive jurisdiction with respect to the Client’s access or use of the Platform or the Services rendered by the Counselors or the information given access to on the Platform or any other dispute arising hereunder;
- In the event a dispute, claim or disagreement arises in the course of transaction on the Platform between the Client and Counselor, relating to the Services offered by the Counselor, this Agreement or breach, termination, enforcement, interpretation or validity thereof, including determining the scope of Arbitration of this Agreement, shall be determined by way of Arbitration as per the laws laid out in the Arbitration and Conciliation Act, 1996. The Company shall appoint a sole Arbitrator, and the Arbitration Award pronounced by the Arbitrator shall be legal and binding on the parties.
- Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Hyderabad, Telangana. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
In accordance with Rule 3(11) of the Information Technology (Intermediaries Guidelines) Rules, 2011, a Grievance Officer is appointed for the Platform. In the event the Client has any grievance or issues with the Services availed through the Platform, in the course of his/her access or use of the Platform, or the Client chooses to seek any clarifications or wish to raise quires concerning the use, access of the Platform, or this Agreement, or any discrepancies or if the Client has any questions concerning the Platform, then the Client can approach the Grievance Officer, by notifying/ addressing his/her queries in writing to firstname.lastname@example.org by including his/her details, queries and issues to be addressed or call our Grievance Officer, Sheena Kapoor at 7303408088. The Grievance Officer shall redress the Client’s complaints or queries with in one  month from the date of receipt of the complaint or query.
15. MISCELLANEOUS PROVISIONS
- Force Majeure shall mean any event that is beyond the reasonable control of LivAhead and shall include without limitation sabotage, fire, flood, explosion, epidemics, pandemics, acts of God, civil commotion, strikes or industrial action of any kind, riots insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption etc. Notwithstanding anything contained in this Agreement, LivAhead shall not be liable or held responsible for any loss, damage or misuse of the Client’s sensitive information, personal or otherwise, if such loss, damage or misuse is attributed to a Force Majeure Event.
- Survival In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by its nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated;
- Severability Each paragraph of this agreement shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise indicated by the context of the agreement. The decision or declaration by a Court of competent jurisdiction that one or more of the paragraphs are unenforceable shall not have any effect on the remaining paragraphs of this agreement.
- 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 these Terms shall impair any such right or power or be construed to be a waiver thereof. The waiver of either Party of any breach or default of any of the provisions of this Agreement by the other party, or the failure of either Party to insist upon strict performance of any provision hereof shall not be construed as a waiver of or estoppel any succeeding breach or constitute a waiver of, or estoppel against asserting, the right to require such performance in the future, nor shall a waiver of either Party of any breach or default of any of the provisions of these Terms, Agreement or any other Policy, as the case may be. Unless such a waiver or excusing the breach shall be in writing and signed by the Party who waives or consents. Any such consent or a waiver of or any breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. A waiver by either Party hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed as a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained;
- Headings The headings of the Clauses contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement; Notices Any notice, request or communication that LivAhead may address to a Client shall be in writing via email address provided by the Client at the time of Account registration or as modified/ updated subsequently by the Client. A Notice sent via E-mail shall be deemed given twenty hour  hours after email is sent, unless the sending party is notified that the email address is invalid. Nothing in this Agreement shall create nor deem to constitute a partnership or agency between the Client and the Company, and the Client shall have no authority to bind the Company in any manner whatsoever.
- Assignment The Company shall have the right to assign this Agreement and all the covenants and agreements hereunder shall transfer to the benefit of and be enforceable by or against the Assignees of the Company without the Client’s prior express consent, provided that the Company assigns the Agreement on the same terms or terms that are no less advantageous to the Client. The Client’s rights, benefits and obligations under this Agreement are personal to the Client, and no such rights, benefits or obligations shall be subject to voluntary or involuntary alienation, assignment or transfer by the Client.