Terms and Conditions

1. Introduction

   www.well-heard.com is a mental well-being services online platform of Well HeardServices Private Limited (“the Company”, “Well Heard”).

   Your access to our platform and the subsequent use of our Services and Products andPsychological tools are subject to your compliance with the Terms of Use and other E-commerce Policies of Well Heard hosted on the website.

   The E-commerce Policies shall be read together as they jointly govern the manner inwhich the Sites are operated, accessed or used by Users and the manner in which the Userinformation is processed

   The Terms of Use and the E-commerce Policies constitute a legally binding agreementbetween the User and Well Heard pertaining to the user’s access and usage of our "Sites",and provision of any Services and Products or content offered by the Well Heard.The Agreement shall be deemed to have been executed at New Delhi, India.

   By using or visiting our Sites, sub-sites, social media accounts, software, data feeds andby procuring any of our Services and Products, using our tools, booking or gifting asession, completing the registration process and/or accepting the Terms of Use and/orPrivacy Policy populated on your feed, you acknowledge that you have read, understoodaccepted these Terms of Use (“Terms”) and/or the Privacy Policy of the Company

   The E-commerce Policies are electronic records pursuant to the provisions of theInformation Technology Act, 2000 and rules made there under as applicable includingany statutory modifications, amendment or re-enactment thereof, for the time being inforce. This electronic record is generated by a computer system and does not require anyphysical or digital signatures.

   PLEASE READ THIS DOCUMENT CAREFULLY. YOU ARE HEREBY AGREEINGTO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH. IF YOU DONOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, WE REQUESTYOU TO DISCONTINUE VISITING, ACCESSING OR USING ANY OF OUR SITESAND AVAILING ANY OF THE SERVICES AND PRODUCTS/TOOLS PROVIDEDHEREIN

   IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS,PLEASE CONTACT [email protected]

2. General

   We have defined the following recurrent words which are consistently used throughoutthe E-Commerce policies and the general terms of usage, for your understanding andperusal - as detailed below:

   • E-Commerce Policies - means the e-commerce policies posted on Well Heard and asamended time to time and include the Privacy Policy, Terms of Use and any otherPolicy as posted or made available on the Sites operated by Well Heard.
   • "Registration" shall mean and include completing the registration process or bookinga session on Well Heard
   • "Registration Data" is the database of all the particulars and information supplied bythe User on registration, including but not limited to the User's name, ContactInformation, Mailing Address, E-mail Address, PAN card details as submitted forsuccessful payment of specific orders, etcetera as envisaged herein https://well-heard.com/book-a-session.com
   • "Registered User" includes any person who accesses or avails the Sites of the WellHeard for the purpose of booking a session or gifting a session or availing/consuming or making use of any other content or services posted on Well Heard
   • The terms “User” (“you, “your”) would include the Registered Users, Customers, andBrowser/Visitor(s) or any other person who avails or uses the Services and Productsoffered on or facilitated through Well Heard
   • Services and Products would mean and include without limitations, the service of thescheduling a session, rescheduling, billing, sending reminders of upcoming / follow-up session, using Well Heard’s psychology tools, converse about the reasons forcancellation of a session and schedule subsequent services and content posted andoffered by Well Heard on the internet via any of our Sites or any internet connecteddevice, through which the user may access information available in the databasemaintained by the Well Heard
   • Session - Any consultation appointment booked on Well-Heard for oneself or forgifting
   • Sites- means and includes the online website www.well-heard.com, the MobileApplication of Well Heard, if any and other sub-sites, web-platforms / social mediaaccount of “Well Heard” owned and operated by the Company
   • Well Heard - use interchangeably to mean the Company (“Well Heard ServicesPrivate Limited”) and the Sites as defined above

   You hereby attest that you are at least eighteen (18) years of age or above and are capable ofentering, performing and adhering to these Terms and are competent to contract under theprovisions of the Contracts law in India. You agree with a sound mind and without undueforce, pressure or coercion on you - that your registration and booking is your completeunqualified acceptance, in relation to the terms and the policies mentioned on the Sites. Whileindividuals under the age of 18 may utilize the Services and Products of these sites, they shalldo so only with the involvement & guidance of their parents, legal guardians or any otherresponsible adult

   While giving sessions or packages to someone, you hereby attest that the receiver of the giftis above the age of 18, is competent to take virtual counselling and that the gift is being givenwith the bonafide intention.

   If you are provided with a user identification code, password or otherwise as part of oursecurity procedures, you must treat such information as confidential. You must not disclose itto any third party. The accuracy, secrecy, security and confidentiality of your accountinformation (such as your password, email address, and other account information) are yourresponsibilities at all times. We recommend a strong password that you do not use with anyother account. We are not responsible for personal data transmitted to a third party as a resultof an incorrect email address or loss of password by you

   In case the content / data / information submitted by you, for availing the Services andProducts provided by Well Heard is found to be incorrect, misleading, derogatory, illegaland/or such content are submitted without any authority then Well Heard reserves its rights totake appropriate legal actions including but not limited to cancellation of any appointment /orders placed, removal of the registered account or restricting access to our Services or Sites

   The Company reserves the right to monitor your interactions on the Sites of Well Heard. Youwill not use any information obtained from the Sites or its Services and Products in order toharass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell toany person without their prior explicit consent

   We also have the right to disable any user identification code or password, whether chosen byyou or allocated by us, at any time, if in our reasonable opinion you have failed to complywith any of the provisions of these terms or privacy policy of the Well Heard

   For the purposes of this Agreement, any person who does not have a legal or a contractualright to access Services and Products, but does so, will fall within the definition of an'unauthorised user' and will nevertheless be subject to abide by the terms and conditions andthe e-commerce policies regulating the usage of our Sites, and expressly so with regards torespecting the intellectual property rights of the Company or any of our affiliates.

   The Site contains the design marks, copyrighted material, trademarks, and other proprietaryinformation of Well Heard or any of our authorised associates. Except for that informationwhich is in the public domain or for which you have been given express permission by theCompany, you may not copy, modify, publish, transmit, distribute, perform, display, or sellany such proprietary information

3. Payment & Session Booking Terms

   • The Services and Products listed on or facilitated through Well Heard are non-refundable and non-transferable.
   • Payment for the Services and Products offered, at all times, shall be on 100% advancebasis. The session bookings will not be confirmed until the payment confirmation isreceived by WH from the bank.
   • The charges of packages are as mentioned herein https://well-heard.com/for-individuals.com.
   • The session can only be rescheduled twice, post which the money paid by the Userwill be forfeited by Well-Heard. The User fully agrees to this forfeiture as envisagedherein.
   • For any rescheduling requests, the User has to place a request via text, call orWhatsApp at our official number +91 8130210469 at least 24 hours prior to thescheduled session.
   • In case of rescheduling, time will be allotted as per the availability and discretion ofthe Company.
   • No other individual can take session from the counsellor on the name of packagebought by someone else unless it is a gifted session - https://well-heard.com/gift-a-session.com
   • We do not offer any refund, cancellation or any other money-back policy.
   • Sessions once booked cannot be cancelled but can only be rescheduled, that too, up totwo times.
   • Unavailability of the User at the time of session without prior notice, or reschedulingwith less than 3 hours of notice will be full charged for, as it will be considered as asession availed and no adjustment will be made for the same.
   • Session will end at its original time and will not be extended if the User appears latethan the time scheduled for session.
   • Users should independently make their own inquiries before making any purchasedecisions.
   • Any session booked or package purchased can be taken within the stipulated validityexpressed hereunder. If a purchased session or package expires after a period ofvalidity from the date of purchase, no money will be refunded.

   • The validity for the packages, for all durations, is as follows:

     1. Break the Barrier (1 session): NA
     2. Managing Mental Health (3 sessions): 2 months
     3. Wellbeing (6 sessions): 4 months
     4. Resiliency (9 sessions): 8 months
     5. Reprogramming (12 sessions): 10 months
   • The User is expected to be prompt while replying in a text session, the time will notbe extended until extra paid for, in case of late replies.
   • Prices on Well Heard are subject to change without notice. Please expect to becharged at the price for the services you want to purchase as it is listed on the day ofpurchase
   • The prices/packages for in-person sessions are different from the online sessions.Please check or enquire the same.

4. Therapy Sessions

   • Psychologists at Well-Heard are legally bounded to maintain complete confidentialityof the sensitive information shared by the Client.
   • Unless there is a threat to the Client or others around the Client, the informationshared would remain confidential.
   • The professionals reserve a right to ask for Emergency Contact information in crisissituations, and contact the family or friends, if required.
   • For the purpose of supervision and betterment of the sessions, details of the Userconcern(s) may be discussed with a supervisor. However, this would not includeidentifying details about the User.
   • Sessions are never recorded by the Psychologists, and the same is expected of theUsers.
   • Well Heard is always mindful about the confidentiality of the User details, includingDigital Confidentiality. However, it is the responsibility of the User to ensure that thedevice used to take therapy sessions is safe, i.e., where confidentiality can be ensured,and the User is aware of who can access that device.
   • During the session, if technical issue persists, the compromised session shall berescheduled but will be billed at full amount unless it is decided to be classified as anexception by the therapist.
   • The professionals reserve a right to refer the Client to any other mental health orphysical health practitioner, if required.
   • For continuity’s sake, we encourage clients to book sessions with the same therapistthey started with. However, as a client if it is felt that the therapist’s approach doesn’tfit well, a request for a change of therapist can be initiated by letting the admin knowor by sending us an email on our official ID: [email protected]
   • The change of therapist may also be initiated by us due to one of the followingcircumstances:
     1. in case the current therapist quits the firm or is on an extended leave
     2. the current therapist isn’t qualified enough or doesn’t specialise in a specificissue talked about by client
     3. the therapist feels that there could be counter transference that may bedetrimental to the session

5. Content

   THE LISTINGS / SERVICES / CONTENT OF WELL HEARD IS PROVIDED "AS IS"AND ON AN "AS AVAILABLE" BASIS, WITHOUT ANY GUARANTEES,WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS ORIMPLIED.

   The information and opinions available on the Sites are for general information of theuser and are for illustrative purposes only. Every effort is made to ensure that the materialis accurate and up to date and the content is not misleading / offensive or inappropriate.Occasionally there may be information or content on our sites or in the offer of Servicesand Products that contains typographical or other errors, inaccuracies or omissions thatmay relate to service descriptions, imagery, pricing, promotions, offers, and availability.We reserve the right to correct any errors, inaccuracies or omissions, and to change orupdate information or cancel sessions if any information in the Services and Products orSites is inaccurate at any time without prior notice (including after you have submittedyour order); subsequently in such a case we will also undertake to inform you with thereasons for cancellation and reverse any payment done, if applicable

   However, we do not guarantee or warrant the accuracy, safety, completeness, adequacy orcurrency (current status) of the information provided. We undertake no strict obligation toupdate, amend or clarify information in the Services and Products or Sites, including butnot limited to pricing information. All the information provided on our Sites is intendedfor information and is illustrative in nature and, whilst displayed in good faith, we willnot in any circumstances accept responsibility for their accuracy

   We disclaim all liability/ legal consequences arising out of any misinformation ormisrepresentation contained therein. However, the Company will attempt to resolve anyinformational / service / content related issues and co-operate with the Users as feasible

   Notwithstanding the generality of the above, please note that:

   • We do not monitor or interfere in the line of treatment for any User whatsoever.All treatment decisions for a given case and the subsequent consent is strictly a matterof consideration between the Professional and the User.
   • The Company is associated with accredited professionals for consultation services.However, we cannot guarantee your complete satisfaction or effectiveness of anytreatment advised by the Professional
   • Well-Heard is only a facilitation medium between you, the User and the Professionaland we disclaim all liability and/or legal consequences arising out of such sessionsbooked or any discourse during the session. The contact details and the schedulinginformation used by the Company are for administrative purposes only
   • We disclaim any liability arising out of breach of financial information given tounauthorized individuals via unofficial channels or any breach of trust or damagesarising to the users owing to establishment of personal contact with professionals bythe users or vice-versa outside the platform of Well-Heard.
   • We disdain any liability arising out of any counselling or therapy sessions undertakenby therapists of Well Heard but through personal contact established by the user withthe professional outside the platform of Well Heard or in case of, payment donedirectly to the therapist
   The Company shall not be liable for any grievance or legal action taken on this account.No responsibility is taken for any error, risk, omission, inadequacy, inaccuracy,misinformation, misinterpretation or misunderstanding in the above particulars. We shallnot be liable for any losses suffered as a result of relying on the service information or advice.
   The Company along with its Directors, Employees, representatives, consultants andagents and business associates, accept no responsibility and do not make anyrepresentation and disclaim any warranty, guarantee, security and, to the fullest extentpermitted by law exclude any liability for, any loss or special / indirect / consequentialdamage, cost or expenses incurred or which may be incurred, any negligence or tortuousaction, whatsoever arising out of or related to the accuracy, safety, adequacy, ownership,currency or completeness of any information contained on our sites or for any actiontaken in reliance on such information by any person.
   We also do not make any representation and disclaim any warranty, guarantee, security,undertaking or terms either expressed or implied, statutory or otherwise as to the:
   
   • Effectiveness or medical / scientific / psychological impacts arising out of the sessionsbooked or any discourse or decision taken by or between the User and the Professionalregarding anything whatsoever
   • Non-infringement of third-party rights
   • Our Sites’ complete freedom from all computer viruses and
   • Any other violation of user rights regarding Services and Products or any otherinformation or contents of Well Heard

   A lot of content is uploaded by advertisers on our sites and we do not filter or verify thesame. If a complaint is made, we will take remedial measures as reasonably possible.
   Further, nothing contained in Well Heard should be construed as a recommendation touse any product, service, content or facility.
   Well Heard is controlled and operated from India and we make no representation that theinformation posted is appropriate for any other location or will be available for use inother parts of the world. If you use Well Heard from outside India, you are entirelyresponsible for compliance with all applicable local laws as well as internationalconventions and treaties, taxes, commissions and duties thereby.
   The Services and Products offered in one region may differ from those in other regionsdue to availability, local or regional laws or legal impediments and otherconsiderations/factors. The Company does not make any warranty or representation that aUser in one region may also be able to obtain the Services and Products as provided inanother region. Information on Well Heard may contain references to Services and/orProducts that are not available in your region. Such references do not in any mannerimply that Well Heard intends to announce, launch or provide such Products or Servicesin your region.
   

6. Third Party Platforms

   Our Sites may contain links to other websites or applications or ancillary digital platforms(collectively known as “Third party platforms”). The links to these Third-party platformsor to any other Services and Products / resources supplied by third parties are providedfor your information only. When you click on any of these links, you leave our serversand navigate to third party platforms and use of any information you provide is governedby the privacy policy and customer service policy of the operator of such platforms.

   We have no control over the contents of the third-party platforms or any of the Products,Services and/or Content promoted by them. We assume no responsibility for the contentof the platforms linked on our Sites. Such links should not be interpreted as endorsementby us of those links or their businesses. We will not be liable for any loss or damage thatmay arise from the use of such third-party Services and Products or platforms.We urge you to read the privacy statements and terms and conditions of these third-partyplatforms before consenting to its terms of usage, supplying personal information oravailing any Services and Products advertised therein.

7. Disclaimers

   • The Company through Well Heard is acting only as an intermediary offering itsplatform to list, advertise and promote the Services in the mental healthcare space for aUser coming on its Sites and its roles is limited to being the Facilitator and establish alink between the Professionals and the prospective User. The Company is notresponsible for any non-performance or breach of any contract entered into betweenUser and Professional. The Company cannot and does not guarantee that the concernedProfessional and/or User will perform any transaction.
   • The Company Well Heard does not hold any right or title over the Services andProducts given or endorsed by the Professionals nor shall the Company have anyobligations or liabilities in respect of such products or services.
   • The Company shall neither be responsible nor liable to mediate or resolve any disputesor disagreements between the User and the Professionals and both such parties shallsettle all their disputes on their own accord. The Company in its capacity as aFacilitator shall however undertake reasonable steps to reconcile any differences oraddress any grievances in good faith and without any legal consequences thereof.
   • If there is any dispute between the Professionals and User on these Sites, it is agreedupon by the parties that the Company has no obligation whatsoever to be involved inany such disputes. The parties hereby undertake not to make any claims and/ordemands and/or damages (actual and/or consequential) of any kind and/or naturewhether known, unknown, suspected, unsuspected, disclosed and/or undisclosed,arising out of or in any way related to such disputes and/or service against theCompany and/or their officers and/or employees and/or agents and/or successors.
   • In case the Company is sought to be wrongfully implicated in any legal proceedings,costs will be recovered from the party (including Professionals and User) that namesthe Company as a party to such proceedings.
   • The Company is not liable or responsible for the quality / misinformation or anymisrepresentation or any liability or issue arising out of the Services and Productsavailed by the User from the Professionals. The Users of such Services and Productsshall take full responsibility to deal with the respective Professionals at their own risk,cost and liability. However, in line of the general policy of addressing Usercomplaints, the Company shall take reasonable efforts to resolve the grievance
   • The Company shall not be responsible for the links of any third parties on or beyondthe Sites of Well Heard. For any third-party product or service which user may buythrough such links, the Users alone take full responsibility to deal with the respectivethird-party vendors at their own risk, cost and liability.
   • The Company will not be liable for any time difference arising between a messagereleased through a gateway / server and such message finally reaching the intendedUser from the concerned sender
   • The User shall ensure that while availing the Services and Product, all prevailing andapplicable laws, rules and regulations, directly or indirectly for the use of systems,service or equipment, payment of taxes / duties / commission etcetera shall at all times,be strictly complied with by the User and the Company shall not be liable in anymanner whatsoever for default by the User of any nature regarding the same.
   • In case a user to the portal is desirous of booking an In-person session / appointmentwith a Professional, it shall be the sole liability and duty of the User to arrive at theclinical outlet / business premise of the Professional. The Company shall not be liablein any manner whatsoever, towards any liability and/or costs, arising out of such in-person sessions / appointments or consultations including but not limited to anynon-fulfilment by the Professional in this regard
   • The Company has no intention of violating any intellectual property or ancillary rights.If there is any violation, we request that the same to be promptly brought to ourattention
   • The Company does not exercise any kind of absolute supervisory or monitoringcontrol over the products or services or treatment or medicines given or endorsed bythe Professional.
   • In no case shall the Company, our directors, officers, employees, affiliates, agents,contractors, interns, suppliers, service providers or licensors be liable for any injury,loss, claim, or any direct, indirect, incidental, punitive, special, or consequentialdamages of any kind, including but not limited to lost profits, lost revenue, lostsavings, loss of data, replacement costs, or any similar damages, whether based incontract, tort (including negligence), strict liability or for any other claim or otherwise,arising from your use of any of the Services and Products contained herein including,but not limited to, any errors or omissions in any information / content, or any loss ordamage of any kind incurred as a result of the use of the Services and Products or anycontent (or product) posted, transmitted, or otherwise made available via the Sites ofWell Heard, whether or not advised of its possibility.
   • The Company assumes no responsibility for any error, omission, interruption, deletion,defect, delay in operation or transmission, communication line failure, theft ordestruction or unauthorised access to or alteration of User's data/information. Our Sites/ applications are vulnerable to data corruption, interception, tampering, viruses as wellas delivery errors and we do not accept liability for any consequence that may arisetherefrom. We may need to make the Site unavailable with or without notice to carryout maintenance or upgrade work. We accept no liability for any interruption or loss ofService.
   • The Company shall not be responsible for any problem or technical malfunction of anyon-line-systems, servers or providers, computer equipment, software, failure of e-mailon account of technical problem or traffic congestion on the Internet or at any website /application or combination thereof, including injury or damage to any User or to anyother person's computer related to or resulting from participating or downloadingmaterials/information from our Sites. We will not be liable for any loss or damagecaused by a virus, distributed denial-of-service attack, or other technologically harmfulmaterial that may infect your computer equipment, computer programs, data or otherproprietary material due to your use of our sites or your downloading of any content onit or on any website / application linked to it.
   • We do not guarantee that our sites will be secure or free from bugs or viruses. You areresponsible for configuring your information technology, computer programmes andplatform in order to access our sites. You should use your own virus protectionsoftware.
   • We make no warranty that the Services and Products on its Sites shall meet User'srequirements and that the Services and Products shall be uninterrupted and/or timelyand/or secure and/or error free.
   • The Company has endeavoured to ascertain the professional qualification andcredentials of the Professionals listed on Well-heard. However, the Company cannotguarantee the registration or sustenance of membership of the Professionals in therespective regulatory bodies and in the event of any malpractices undertaken by theProfessional which is beyond the reasonable control of ascertaining by the Company ,the Company disclaims all liabilities and legal consequences arising out of any breachof any law by the Professional
   • There are no representations and warranties, whether express or implied, made by theCompany regarding the accuracy, safety, reliability and/or quality of any informationtransmitted and/or obtained through the use of the Services and Products of theCompany. The User understands and agrees that any information and/or materialand/or goods and/or Services and Products obtained through our Sites is done at User'sown discretion and risk and that User shall be solely responsible for any damage/sand/or cost and/or any other consequence/s resulting from any transaction. Noinformation, whether oral and/or written, obtained by the User from the Companyand/or through and/or from the Services and Products shall create any warranty notexpressly stated herein. In case the there is any loss of information, caused due to anyreason, whether as a result of any disruption of service, suspension and/or terminationof the Service, the Company shall not be liable in any way for the same
   • The Company shall not be liable for any disclosure of information concerning theUser's account and/or information therein nor for any error and/or omissions and/orinaccuracy with regard to information so disclosed. In addition, the Company shallfurther not be liable for any loss or damages sustained by reason of such disclosure,whether intentionally or inadvertently. All information is accepted in good faith andCompany accept no responsibility whatsoever regarding the authenticity / genuinenessof the Professional, nor can any private information be liable to be granted by theCompany regarding any Professional apart from the scope of Services and Productsavailed
   • The Company’s total liability under this agreement(whether in contract, tort(including negligence) or otherwise shall be limited to either the total amount ofsessions booked by the User or such fees/charges as paid by the User to the Companyin respect of which there is a grievance in selected instances where the Company hasaccepted to compensate the User for any reason
   • Well Heard does not guarantee the availability of the same Professional over anyperiod of time. From the moment at which the User books a session, Well Heard actssolely as an intermediary between the User and the Professional, transmitting thedetails of your booking to the Professional.
   • Sessions will take place at a frequency agreed between you and the Professional. Wecannot guarantee that sessions will always take place with a particular frequency or onthe same day of the week but will make reasonable efforts to meet your requirements.
   • Well Heard makes all efforts to verify the credentials of every Professional registeredwith its platform. However, the Company is not responsible for anymisrepresentation/fraudulent credentials or claims by the Professionals
   • Well Heard does not assume any responsibility for the actions, advice or any otherinformation or effectiveness of any treatment / medicine provided by the Professionalthrough our platform or otherwise. Well Heard shall not be held liable for any damage/loss/ liability caused to the user by a Professional. The user is responsible for all theirdecisions and agrees that they are made independent of any representations by WellHeard or its Professionals. Well Heard or the Professional cannot be held responsiblefor such decisions or any outcomes as a result
   • Well Heard does not endorse or influence control over any particular branch ofmedicine, theory, opinion, viewpoint, strategy or position on any topic. No warranty,guarantee, or conditions of any kind are created or offered on information or advice orsuggestion, whether expressed and/ or implied, in oral and/ or written via anycommunication medium, obtained by you from Well Heard or through any serviceand/ or resource and/ or information that Well Heard provides, except for thoseexpressly outlined in this User Agreement
   • Well Heard does not deal with the cases of psychological emergencies. Well-Heard isnot equipped to offer support in crisis situations including self-harm, suicidaltendencies, schizophrenia and other psychotic conditions. In these cases, in-personmedical intervention is the most appropriate form of help. If the User feels that theyare experiencing any of these difficulties, the Company urges the User to seek help atthe nearest hospital or emergency room where they can connect with a psychiatrist,social worker, counsellor or therapist in person. The Company also recommends theUser to involve a close family member or a friend who can offer support

8. User - Acknowledgments, Obligations, Restrictions, Prohibitions & Indemnification

   Acknowledgments & Obligations

   • We may verify the registration Data provided by you through our own sources, digitalmeans and/or by asking documentary proof for any such information submitted by youduring registration or thereafter. If you provide any information that is untrue,inaccurate, not current or incomplete, or we have any reasonable grounds to suspectthat such information is untrue, inaccurate, not current or incomplete, we have theright to suspend or terminate your account and refuse any and all current or future useof the Sites and/or Services and Products (or any portion thereof) as offered by WellHeard.
   • The User will ensure compliance with all notices or instructions given by Well Heardfrom time to time to enable the use of the Sites and its Services and Products.
   • The User shall promptly make the payment of the Sessions booked or any otherpayment as applicable, as and when it becomes payable in favour of the Company.
   • The User also agrees that any such dealings, discourse, treatments or transaction withthe Professionals outside the facilitation service provided by Well Heard is at theUser’s own risk
   • The User understands and agrees that the User is responsible for all applicable taxesand for all costs that are incurred while using the Sites and availing Services andProducts contained therein.
   • The User shall be solely responsible for all information retrieved, stored and/ortransmitted by them.
   • User agrees to treat all information as confidential obtained from the Sites, includingservices, Professional details, and any information otherwise made available to User inthe availing of Services and Products as owned or licensed by the Company.
   • The User shall be responsible to keep the User's password and user identification andall activities and transmissions performed by the User through his user identification,confidential and not disclose it to any person to safeguard from unauthorised access
   • The User shall be responsible for all the activities that are posted, displayed ortranspire in their user account or availed as a guest visitor.
   • The User shall ensure to exit / log-off from the account at the end of each session onany of the sites used
   • The User shall immediately notify the Well Heard of any un-authorized use of theUser's account or any other breach of security known to the User.
   • User may access the Services and Products solely to obtain initial informationregarding the sessions from which further evaluation, consultation and/or an informedcontemplation is advisable to be undertaken by the User

   Restrictions and Prohibitions

   • User also agrees not to make any unauthorized commercial use of the Services andProducts displayed on Well Heard. User shall limit access and use of Services topersonal and internal use, and shall not use Services obtained from the Sites for furtherdistribution, publication, public display, or preparation of derivative works,impersonation or facilitate any of these activities in any way
   • User shall not use or reproduce any Services that is obtained from the Sites, or that isotherwise made available to User in the Products and Services, for or in connectionwith any other listing/advertising site, application, Service or device. User further shallnot use the Services and Products provided by Well Heard in any other manner for orin connection with any other listing, Services and Products or device. Users violatingthese specific terms, especially those Users using the Sites / Services and Products forsearching in an abusive or excessive manner, by automated or manual means, shall besubject to immediate termination of their registration or prohibition of access withoutnotice.
   • The User shall comply with all applicable laws(and shall not contravene anyapplicable law) of India and/or any other law which may be applicable in theirjurisdiction pertaining to the use or access of the Sites or availing the Company’sProducts and Services
   • The User agrees not to make use of anyone else's information other than as legallynecessary to complete any transactions in which User is involved
   • The User shall not print, download, duplicate, reproduce or otherwise copy, delete,vary or amend or misuse any information / Product listings or Services available on theSites
   • The User shall not use the Service for anything unlawful, unethical, immoral,fraudulent and/or criminal.
   • The User shall not introduce any virus or violate or attempt to violate the security ofthe Sites and/or any links/web sites linked to Well Heard or gain un-authorized accessof any information thereof, including but without limitation to accessing data andinformation not intended for them or logging onto a server or account which the Useris not authorized to access, attempting to probe, scan or test the vulnerability of asystem or network or attempting to breach security or authentication of any system /device by hacking, password "mining" or any malicious or technologically harmfulother illegitimate means
   • The User shall not breach any provision under the Information Technology Act, 2000.We may report any such breach to the relevant law enforcement authorities and wewill co-operate with those authorities by disclosing your identity to them. In the eventof such a breach, your right to use our sites will cease immediately
   • The User shall not befriend the Professional providing sessions or connect with onsocial media platforms, or contact in any other way, outside the therapy session.
   • The Company reserves the unilateral right to suspend and/or deactivate the User'saccess to the Sites / Services and Products and/or any other related facility in case ofviolation of terms of use. In addition to the right to indemnity available with theCompany, the Company shall have the right to recourse to any other legal remedyagainst the User to recover the loss suffered by the Well Heard and the harm caused tothe reputation of the Well Heard, due to such violation by the User

9. Indemnity & Liability of the Well Heard

   Each User agrees to indemnify, defend and hold harmless the Company and itsdirectors, consultants, agents, licensees, Professionals, associates / affiliates and/oremployees (individually and collectively referred to as“Indemnities”) from andagainst any and all losses, liabilities, claims, damages, actions or demands, costs andexpenses (including but not limited to reasonable legal and accounting fees anddisbursements in connection therewith and interest chargeable thereon) assertedagainst or incurred by the Indemnities that arise out of, result from, or may be payableby virtue of, any breach or non-performance of any representation, warranty, covenantor agreement made or obligation to be performed by such User pursuant to thesegeneral Terms of Use. Further, each User agrees to hold the Indemnities harmlessagainst any claims made by any third party due to, or arising out of, or in connectionwith, such User’s use of the Sites or Products and Services, User’s violation of theTerms of Use / Privacy Policy of the Well Heard, or User’s violation of any rights ofanother, including any intellectual property rights or breach of any applicable law orregulation

   Indemnification shall be provided for any claim which shall arise and shall beapplicable to full payment by the indemnifying party ("User") of all damages andcosts finally awarded for such claim, or settlement costs.

   In no circumstances will the Company and/or Indemnities be liable to the Users orany third party for any special, incidental, indirect, consequential or punitivedamages whatsoever or other damages of any kind arising out of or relating to the useor the inability to use Well Heard, its sites, content, links or Services and Productsand/or Services and Products provided by third parties, including but not limited todamages caused by or related to errors, omissions, interruptions, defects, delay inoperation or transmission, computer virus, line failure and all other direct, indirect,special, incidental, punitive, loss of profit, exemplary or consequential damageswhether based on warranty, contract, tort or any other legal theory including ForceMajeure, and whether or not, such organizations or entities were intimated or advisedof the possibility of such damages

   The limitations and exclusions in this clause shall apply to the maximum extentpermitted by applicable laws.

10. Confidentiality

    • All information and data submitted by the User shall become the property of theCompany. However, all such information will be kept confidential pursuant to theterms of this agreement and the Privacy Policy of Well Heard
    • The User has access to only their own data and information stored in the database ofWell Heard (subject to prior confirmation of identity) and nothing more. The Usermay edit or amend such data and information from time to time.
    • All confidential or sensitive information (including name, e-mail address, contactnumber etc.) voluntarily revealed by the User in chat, any non-restricted publiclyavailable or forums / bulletin board areas, is done at the sole discretion and risk of theUser. If such information, collected by a third party is misused or results inunsolicited messages from such third parties, then such actions are beyond the use,control and liability of the Company and the Company accepts no responsibility orliability whatsoever for such actions.

11. Intellectual Property Rights

    We are the owner or the licensee of all intellectual property rights in our Sites, and in thematerials published on them. You acknowledge and accept that all of the copyrights,trademarks, database rights and any other intellectual property rights which subsist in thedesign, layout, processes, functions, data and content of our sites are the property of theCompany or our licensors, Professionals, service providers or contributors and we reserveall our rights in such intellectual property. No part of our Sites, the Service / Productcontained herein or any other content or any of the underlying software and databasesmay be copied or reproduced, shared with third parties, reverse engineered, reverseassembled, or used to create any derivative work (whether in physical or electronic form)without our prior written consent.

    Unless expressly agreed to in writing, nothing contained herein shall give the User a rightto use any of the Sites trade names, trademarks, service marks, logos, domain names,information, questions, answers, solutions, reports and other distinctive brand features,save according to the provisions of these Terms. All logos, trademarks, brand names,service marks, domain names, including material, layout, designs, and graphics createdfor/by and developed for/by the Sites and other distinctive brand features of the Sites arethe property of the Company. Furthermore, with respect to any of the Sites of theCompany, the Company shall be the exclusive owner of all the designs, graphics, layoutand the like, related to such Sites

    All lawful, legal and non-objectionable messages (in the sole discretion of the Company),content and/or other information or material that you post on the forum boards / reviewsections or any other discussion pages shall become the property of Well Heard. Wereserve the right to scrutinize all such information, content and/or material posted on allsuch platforms and shall have the exclusive right to either remove, edit and/or displaysuch information, material and/or content

12. Discontinuation or Modification of Products and Services

    The Company reserves the unilateral right to add / modify / change and/or delete and/orend the Services and Products offered at any time with or without notice to the User.However, the already availed Services and Products which are paid shall be honoured orbe compensated, as feasible.

    There shall be no liability on behalf of the Company to the User or any third party in casethe Company exercises its unilateral right to modify or discontinue its Sites and Companycontained therein.

13. Maintenance & Upgrade

    The Company may at its sole discretion and without assigning any reason whatsoever atany time deactivate, restrict and/or suspend the Services and Products or the User's accessto Well Heard and its Sites (as the case may be) without notice to carry out systemmaintenance and/or upgrading and/or testing and/or repairs and/or any other related workfor the up keep of its Sites.

    Without prejudice to any other provisions of this Agreement, the Company shall beabsolved from any liability for any loss and/or damage and/or costs and/or expense thatthe User may suffer or incur, and no fees and/or charges payable by the User to WellHeard shall be refunded or rebated, as a result of such deactivation and/or suspension

14. Termination

    • The Company may terminate this Agreement with immediate effect or restrict theUser’s use or access to Well Heard, without prior notice to the User and withoutassigning any reason whatsoever including but not limited to the followingcircumstancesThe Company may terminate this Agreement with immediate effect or restrict theUser’s use or access to Well Heard, without prior notice to the User and withoutassigning any reason whatsoever including but not limited to the followingcircumstancesThe Company may terminate this Agreement with immediate effect or restrict theUser’s use or access to Well Heard, without prior notice to the User and withoutassigning any reason whatsoever including but not limited to the followingcircumstancesThe Company may terminate this Agreement with immediate effect or restrict theUser’s use or access to Well Heard, without prior notice to the User and withoutassigning any reason whatsoever including but not limited to the followingcircumstancesThe Company may terminate this Agreement with immediate effect or restrict theUser’s use or access to Well Heard, without prior notice to the User and withoutassigning any reason whatsoever including but not limited to the followingcircumstancesThe Company may terminate this Agreement with immediate effect or restrict theUser’s use or access to Well Heard, without prior notice to the User and withoutassigning any reason whatsoever including but not limited to the followingcircumstancesThe Company may terminate this Agreement with immediate effect or restrict theUser’s use or access to Well Heard, without prior notice to the User and withoutassigning any reason whatsoever including but not limited to the followingcircumstancesThe Company may terminate this Agreement with immediate effect or restrict theUser’s use or access to Well Heard, without prior notice to the User and withoutassigning any reason whatsoever including but not limited to the followingcircumstances
    1. if in the opinion of the Company, its judgement or perception, the user hasviolated or acted inconsistently with the letter or spirit of these terms andconditions / e-commerce policies of the Company or any applicable law or anypossibility of an imminent breach of any law is foreseen
    2. if in the opinion of the Company and/or any regulatory authority, it is not in thepublic interest to continue providing the Services / Products or Sites to the Userfor any reason
    • If the Agreement is terminated pursuant to any of the clauses mentioned above,without prejudice to any other remedies available to the Company, the amounts dueand payable to the Company by the User upon termination shall be payable within 7days of such relevant Date of Termination.
    • For the already availed Services and Products which are paid, the Company shall beliable to honour or compensate the User, as feasible

15. Suspension of Service

    • If any monies payable by the User to the Well Heard are not paid on the due date, theCompany may suspend the order for the Service / Products placed or availed by theUser without prejudice to any other rights or remedies that may be available to it.
    • When the Products and Services, subscribed for, is suspended, it shall be deemed tobe terminated. The date shall be such as stipulated by the Company and the User shallbe liable for all the charges and fees incurred up to the date of such suspension /termination
    • Upon subsequent payment by the User of such monies as demanded by the Company,the Company at its sole discretion and subject to such terms as it deems proper,may restore the Service / Product suspended / terminated earlier.

16. Rights of the Company

    In the event of violation any terms/e-commerce polices contained herein, the Company inits sole discretion may pursue any of the legal remedies applicable and may take anyprompt action in this regard, including but not limited to the immediate deletion of anyoffending material from its site, and/or cancellation/restriction of user account,withholding of any delivery, and/or the debarment of any person(s) from accessing orusing the Sites

    If the Company becomes aware of any inappropriate use of Well Heard or any of itsServices and Products, the Company will respond in any way that, in its sole discretion itdeems appropriate. You acknowledge that the Company will have the right to report tolaw enforcement authorities any actions that may be considered illegal, as well as anyinformation it receives of such illegal conduct or if there is an imminent danger to thesafety / security or well-being of any person or if there is any possibility of an imminentbreach of law. When requested, the Company will co-operate fully with law enforcementagencies in any investigation of alleged illegal activity on the Internet. The Company canalso pursue violators on its own accord with claims that they have violated any criminaland/or civil law provisions as applicable under the relevant rules and regulations of theland.

    The Company will fully cooperate with any investigation undertaken by anyCentral and/or State and/or local body and/or any other court and/or tribunal.Such cooperation may be without notice to the User. The Company reserves the right totake any actions that it believes to be prudent or necessary to minimize and/or eliminateits potential liability, including but not limited to, the release of User information.THE COMPANY RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE ATANY TIME, AND/OR TO REMOVE ANY SERVICE / PRODUCTS / CONTENT / DIYTOOLS AND/OR ANY ADVERTISEMENTS FOR ANY REASON, AND WITHOUTNOTICE

17. Governing Law and Jurisdiction

    This Agreement and any dispute or matter arising from incidental use of Well Heard isgoverned by the laws of India and the User and the Company hereby submit to theexclusive jurisdiction of the courts at New Delhi, India, irrespective of the territory andjurisdiction of the user’s access to Well Heard

18. Arbitration

    If any dispute arises between a User and the Company arising out of use or access of ourSites or thereafter, in connection with the validity, interpretation, implementation oralleged breach of any provision of these terms and conditions or the E-commerce Policiesor any Services, Tools and Products provided by the Well Heard, the dispute shall bereferred to a sole Arbitrator who shall be an independent and a neutral third partyidentified by the Company. Decision of the Arbitrator shall be final and binding on boththe parties to the dispute. The place of arbitration shall be New Delhi, India. TheArbitration & Conciliation Act, 1996, shall govern the arbitration proceedings

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19. Severability of Provisions & Waiver

    This Agreement between you, the User and the Company governs your use of WellHeard. If any provision of these terms of use or part thereof is inconsistent with or is heldto be invalid/void or defective by or under any law, rule, order or regulation of anyGovernment or by the final adjudication of any court / tribunal, such inconsistency orinvalidity shall not affect the enforceability of any other provision of the terms of usecontained herein

    If any provision of these Terms of Use is found by a court of competent jurisdiction to beinvalid, the parties nevertheless agree that the court should endeavour to give effect to theparties’ intentions as reflected in the provisions, and the other provisions herein shallremain fully operational.

    The failure of the Company to exercise or enforce any rights or provisions under theseterms of use shall not constitute a waiver of its right to enforce such rights or provisionssubsequently.

20. Amendments / Updates / Changes

    The right to amend, vary, or change these Terms of Use and the E-commerce Policiescontained herein at any time exclusively rests with the Company.

    The Company may amend/modify these Terms of Use and the E-commerce Policies atany time, and such modifications shall be effective immediately upon posting of therevised versions of the same on the Sites of the Company. You may review the updatedE-commerce Policies as amended/modified from time to time to be aware of suchrevisions and your continued access or use of our Sites, shall be deemed to be conclusiveproof of your admission of the said revisions.

    Please periodically review the latest E-commerce Policies and any other stipulationsposted on the Sites as it will be binding on you and will constitute your acknowledgmentand agreement to the amended provisions

21. Grievance Redressal and Contact Information

    We have a grievance redressal mechanism and a dedicated Grievance Officer forresolution of user’s requests. Questions, concerns, comments and requests regarding thisPrivacy Policy / Terms of Use or our content or services or psychological tools arewelcomed and should be directed to Ms. Dharna Dua (Grievance Officer at Well-Heard)through an email at [email protected] and by writing at the mailing addressgiven below.

    Any communication relating to the grievances or concerns, which is not addressed to thise-mail address, shall not be treated as a valid and binding communication for the purposeprescribed above.

    We will take all suitable efforts to get in touch with you and address your requests assoon as reasonably possible.

You can also reach us at:

Well Heard Services Private Limited

E-mails: [email protected] ; [email protected]

Mobile No: +91 8130210469; +91 8447379525; +91 9318303109