Therapize, on behalf of itself and its affiliates/group companies under the brand "Therapize" (“Therapize”), is the author and publisher of the internet resource www.therapizeindia.com ( “Website”). Therapize owns and operates the services provided through the Website.
NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are: a) A mental health professional or any other healthcare provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner”, “you” or “User”); or A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or otherwise a user of the Website (“you” or “User”)
This Agreement applies to those services made available by Therapize on the Website (“Services”), including the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) go through the repository of Practitioners (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Therapize, and (iii) to make appointments with Practitioners (iv) read blogs or consume any digital content (v) participate in any event, workshop, group activity including support groups hosted by the Practitioners
The Services may change from time to time, at the sole discretion of Therapize, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Therapize.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Therapize that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Therapize of any actual or suspected unauthorized use of the User’s account or password. Although Therapize will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Therapize or such other parties as the case may be, due to any unauthorized use of your account.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Therapize has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Therapize has the right to discontinue the Services to the User at its sole discretion.
LISTING CONTENT AND DISSEMINATING INFORMATION
Therapize collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Therapize takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Therapize screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The Services provided by Therapize or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Therapize does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Therapize does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Therapize disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Therapize or any User in relation to any User or services provided by such User.
The Website may be linked to the website of third parties, affiliates and business partners. Therapize has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Therapize endorses the linked site. User may use the links and these services at User’s own risk.
Therapize assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
If Therapize determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Therapize reserves the right to immediately suspend your access to the Website or any of your accounts with Therapize and makes such declaration on the website alongside your name/your clinic’s name as determined by Therapize for the protection of its business and in the interests of Users. You shall be liable to indemnify Therapize for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Therapize or its Users.
BOOKING APPOINTMENTS ON THERAPIZE
Therapize enables Users to book appointments with Practitioners through the Website. Therapize will allow Users to book one-on-one appointments with Practitioners as well as book group appointments where multiple people will be a part of the appointment (i.e. Support Groups) Therapize will ensure Users are provided confirmed appointments on the booking facility. However, Therapize has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Therapize of any such particular Practitioner. If the User decides to engage with a Practitioner to seek mental health services, the User shall be doing so at his/her own risk.
Without prejudice to the generality of the above, Therapize is not involved in providing any mental health or other healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Therapize will not be liable for:
user interactions and associated issues User has with the Practitioner;
the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong quality of treatment or medication being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
difficulties or any type of inconvenience or incorrect treatment suffered by the User due to a failure on the part of the Practitioner to provide agreed Services.
any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff.
cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Therapize shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website
Cancellation & Refund Policy for Appointment Bookings:
If the User cancels the session at least 24 hours prior to the scheduled appointment, they will be eligible for a full refund. If they cancel the appointment within 24 hours of the scheduled appointment, they will not be eligible for a refund. In case the Practitioner has to cancel a session, the User will be refunded the entire amount paid, irrespective of when the Practitioner has cancelled.
If Users wish to cancel or reschedule their session 24 hours or more before the session start, they can do so via their Therapize account on the Therapize website. In case clients wish to cancel or reschedule their session less than 24 hours before the session start, they will need to reach out to Therapize or the Practitioner. In case the Practitioner wishes to cancel the session, they will need to reach out to Therapize for the same.
For rescheduling the appointment, the Practitioner can coordinate with the client to easily reschedule to a suitable time.
Exceptions: In case of emergencies or unique circumstances, the Practitioner can allow a refund as per their discretion. In such case, the Practitioner would need to get in touch with Therapize to approve the refund. If the User and Practitioner communicate outside of the system/without Therapize involvement to accept cancellation/rescheduling, then Therapize is not liable to intervene in case of any refund requests.
No-show Policy for Appointment Bookings:
An appointment will be considered a no show if either the Practitioner or the User does not join the session link within 10 minutes of the agreed start time. In case the Practitioner does not show up within the first 10 minutes, the User can email Therapize to claim a refund. In case the User does not show up within the first 10 minutes, the Practitioner is not obliged to wait further for the User and will still be remitted the entire session fees
Process: The User must email Therapize noting Practitioner no show within 20 minutes of session start time to claim a refund. Therapize will verify with the Practitioner before processing refund. In the absence of this request or a delayed request, a refund will not be processed.
Exceptions: If the User and Practitioner communicate outside of the system/without Therapize involvement to accept time related changes, then Therapize is not liable to intervene in case of any refund requests
Therapize offers a service of support groups where a limited set of Users can access services guidance, advisory & support from Practitioners (“Support Groups”)
It is explicitly understood by the User that in addition to the above terms, the User will comply with additional terms in relation to the Support Groups where one or more Users will be interacting together with the Practitioner. The User confirms that they entirely aware that Support Groups are not “therapy” or “counselling” sessions and cannot be considered as an alternative for therapy needed to address mental health issues.
The User represents to keep all information exchanged in the Support Group as confidential including but not limited to the identities of participant Users and any information exchanged during or in relation to the Support Groups. Therapize is explicitly absolved from any liability or any claims in relation to the Support Groups whether in relation to other participant or non participant Users, Practitioner or any interactions by act or omission.
The User shall maintain the code of conduct as outlined by the Practitioner in the Support Group session and shall not indulge in any behaviour that is in contravention of said code of conduct. Therapize and Practitioner retain the rights to remove any User from Support Groups in the event of any contravention of code of conduct, any breach of good faith, breach of confidentiality or for any reason deemed fit and User shall have no recourse to the same including no refund of amounts paid.
NO DOCTOR-PATIENT RELATIONSHIP & EMERGENCIES
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Therapize and you and does not constitute an opinion, advice, or diagnosis or treatment of any particular mental health condition, but is only provided to assist you with finding appropriate mental health services and solutions.
It is hereby expressly clarified that, the Information that you obtain or receive from Therapize, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
Services are not intended to be a substitute for getting in touch with emergency services where the mental health concern has manifested into a medical emergency. If you are an End-User facing what can be reasonably deemed as an emergency (either on your or another person’s behalf, medical or otherwise), please contact the concerned authorities – medical or otherwise so the person facing the issue is getting the timely assistance and support as required by them. Please do not consider availing the Services as a solution for emergency, time-critical situations in relation to abuse, suicide or self harm, or any other grave manifestations of mental health conditions and instead opt for emergency services that would
THERAPIZE & CONTENT
Therapize always displays content on the subject of mental health and wellness available on the Website in the form of guides, toolkits, blogs, images, videos data etc. (“Content”) Content may be available free of cost for the User to consume on the Website or have a commercial value attached to it where the User has to make a payment to access the Content i.e. Paid Content (described hereinafter) For the purposes of this Agreement, Paid Content shall be considered a part of Content and all terms in relation to Content will apply to Paid Content as well.
User agrees that Content on the Website is for general information purposes only and will not construe the same as professional mental health advice whether or not the Content is authored in any manner or includes any association with a Practitioner, expert, mental health professional not associated formally with Therapize or doctor. The Content is in no manner to be construed or taken as a substitute for professional mental health services like therapy and the User agrees to not take any action on the basis of the Content in relation to their personal mental health or that of any other person.
Therapize reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights or for any other reason.
User agrees to absolve Therapize from and indemnify Therapize against all claims that may arise as a result of the Content, including but not limited to third party intellectual property right claim or any other legal claim that may arise.
Users shall not copy any published Content on Therapize in any manner for any commercial or non-commercial purpose and the same shall be considered a violation of copyright and Therapize reserves its rights under applicable law accordingly.
Content may be available free of cost to Users or have commercials attached to it where the User has to pay the price set by Therapize and purchase the specific Content (“Paid Content”) Paid Content may include toolkits developed by Therapize amongst other resources that it concludes to not provide to Users for no cost. When making the purchase of any Paid Content, it is specifically agreed that the User will not distribute or publish the Paid Content in any manner whatsoever such that it will lead to any monetary or brand detriment to Therapize and Therapize reserves the right to take action as it deems fit. Paid Content once accessed will be kept confidential by the User. Purchase of the Paid Content is in no way to be construed as an assignment or transfer of any intellectual property or part thereof in the Paid Content and Therapize remains the sole owner in all rights, title and interests in the Paid Content.
In addition to Content above, the other contents listed on the Website also belongs to Therapize who is the sole owner of all content which includes the information that is collected by Therapize directly or indirectly from the end- Users and the Practitioners and all of which shall belong to Therapize. Copying of the copyrighted content published by Therapize on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Therapize reserves its rights under applicable law accordingly.
Therapize authorizes the User to view and access the content available on or from the Website solely for purpose of activities as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website are the property of Therapize and are protected under copyright, trademark and other laws. User shall not modify the aforesaid or reproduce, display, publicly perform, distribute, or otherwise use the in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Therapize may provide Users with a facility to review their bookings & other purchases in relation to Therapize in their My Account section.
These records are only created after you have signed up, booked and appointment and accepted all Terms.
All records of appointments are displayed on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Therapize does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Therapize is not liable for any interruption that may be caused to your access of the Services.
The My Account section and the records therein are only a supplementary way of reminding you to about your appointments & bookings or display a record of your appointments and should not be relied on as the primary means to remind you of bookings or of record keeping which the User must maintain and track themselves. It is your responsibility to keep your correct mobile number and email ID updated. Every time you change any contact information (mobile or email), we will send a confirmation. Therapize is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Therapize.
The terms in this section are applicable only to Practitioners.
1. LISTING POLICY
Therapize, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Therapize reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Therapize immediately to enable Therapize to make the necessary amendments.
Therapize shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
Therapize reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Therapize shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners exist on the Website although it will maintain quality checks regularly on a best effort basis so as to ensure that the inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners
Practitioners explicitly agree that Therapize reserves the right to publish the Content provided by Practitioners to a third party including content platforms and social media.
You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Therapize accepts no liability for the same.
2. PROFILE OWNERSHIP AND EDITING RIGHTS
Therapize ensures easy access to the Practitioners by providing a tool to update your profile information. Therapize reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Therapize takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Therapize’s services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Therapize may modify or delete parts of your profile information at its sole discretion with or without notice to you.
Therapize reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Therapize will not be liable for the accuracy of information or the claims made in the Sponsored ads. Therapize does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Therapize will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility and Therapize accepts no liability for the same.
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by Therapize to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Therapize to include a brief description of the services provided to Practitioner in Therapize’s marketing, promotional and advertising materials; (b) allow Therapize to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Therapize’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
As mandated by Regulation 3(2) of the IG Rules, Therapize hereby informs Users including Practitioners, that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, 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 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, defense, 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.
Users are also prohibited from:
violating or attempting to violate the integrity or security of the Website or any Content, and other content on Therapize ;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Therapize;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the Content or other information available from the Website;
framing or hot linking or deep linking any Content.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
Therapize may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Therapize 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 Therapize as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Therapize or any person on its behalf and the User or where the User has consented to data transfer. Therapize respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
Therapize reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
Therapize is unable to verify or authenticate any information provide to Therapize by a User;
Therapize has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Therapize believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Therapize or are contrary to the interests of the Website.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website 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 User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Therapize, or any of its directors, officers, employees, agents or content or service providers ( “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorised access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
DISCLAIMER OF WARRANTIES:
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY THERAPIZE ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THERAPIZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. THERAPIZE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THERAPIZE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WE SITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THERAPIZE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, EFFECTIVENESS OR FITNESS OF ANY LISTED SERVICE OFFERING OR PRODUCT WHETHER THIRD PARTY OR BY THERAPIZE.
RETENTION & REMOVAL
Therapize may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
APPLICABLE LAW AND DISPUTE SETTLEMENT: You agree that this Agreement and any contractual obligation between Therapize and User will be governed by the laws of India. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Therapize. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai, India. 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. Subject to the aforesaid, courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
CONTACT INFORMATION GRIEVANCE OFFICER: If a User has any questions concerning Therapize, the Website, this Agreement, the Services, or anything related to any of the foregoing, Therapize customer support can be reached at the following email address firstname.lastname@example.org
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Therapize. Any consent by Therapize to, or a waiver by Therapize of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.