We welcome you to “The Emotional Wellness Initiatives” (hereafter referred to as “TEWI”), a professional Mental Healthcare Service portal! The website is sole proprietary of TEWI. By choosing to visit and/or avail any service/s and/or product and/or resources from this website, you accept and agree to our Terms and Conditions (hereafter referred to as “Terms”). So, please read the following important “Terms” carefully. These Terms preside over your using or availing Services, resources or any product from the website. Continuing to purchase any service, resource or product, or even surfing the website form an obligatory legal agreement among you, as a user of the Services, and TEWI.
This document is in effect from 1st June, 2020 and remains in effect until further notified.
We reserve the right to modify or totally change this “Terms” any-time and as many times with no notice. Liability to review this Terms and Conditions time to time lies with you. If you continue using, visiting and taking services/product/resources from TEWI after any change in Terms, this will be considered acknowledgment and agreement of the changed or modified Terms.
For the purpose of these Terms, wherever the context so requires “Client”, "You", “Your” or “User” shall mean any natural person who uses the Website for availing the Services. The term “We”, “Us”, “Our”, “TEWI” shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.
TEWI is an internet and telephone based Mental Health Service portal that offers to connect clients and patients and Users with mental health professionals (“Therapists”) to obtain online counselling and therapy. Therapy providers may include, but are not limited to, clinical psychologists, counselling Psychologists, psychiatrists and marriage and family therapists.
Use of the Website is available only to persons over the age of eighteen (18). If you are a minor i.e. under the age of eighteen (18) years, you shall not register as a member of the Website and shall not sell or purchase any items on the Website, unless you are accessing this Website with parental guidance or guidance of a legal guardian. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years and are accessing this Website without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.
1.2 You are responsible for maintaining the confidentiality of your account details at all times. Further, you are responsible for all activities that occur under your account.
2.1 We may charge for the phone, chat, audio, and/or video-based counselling/ therapy sessions. Before availing any such Service, we will apprise the User of the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
2.2 Please note that the charges paid by a User, are not refundable. However, in the event you are not satisfied with the Service provided by TEWI, you may send a mail to email@example.com TEWI will review each such mail, on a case to case basis, and may refund the charges paid, if it deems fit. The refund once initiated will take up to 5-7 working days to process.
2.3 The decision of TEWI on any such matter shall be final and binding.
2.4 Please note the specific refund policy in the event of the following circumstances: Appointments (Phone/Chat/Video):
22.214.171.124 For any services purchased, the TEWI team shall make 3 attempts to reach the Client for confirmation of the services. In case, the Client fails to respond within 7 days of the last communication, the service will be treated as consumed and no refunds shall be provided by TEWI.
126.96.36.199 In case, of technical difficulties during or at the time of the session, TEWI will check with its service providers. If the case is adjudged to be genuine, the appointment shall be rescheduled.
188.8.131.52 20 minutes into a session will qualify for the entire fee. TEWI shall not provide any refund if 20 minutes of a scheduled session has been consumed.
184.108.40.206 For Phone/Chat/Video Sessions, in case, the Client fails to turn up at the time of the appointment, TEWI will reschedule the session only thrice. If the Client still does not turn up the third time, the appointment will be treated as consumed and no refunds shall be provided by TEWI.
220.127.116.11 For any reschedules, the User needs to inform TEWI at least 24 hours in advance.
2.5 User(s) can make payments through any of the following available options:
Debit/ Credit Cards.
Wallets & UPI.
No cash or cheque shall be accepted
2.6 The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking / Debit / Credit Cards / Wallets / UPI (“Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).
2.7 While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.
2.8 You understand, accept and agree that the payment facility provided us, is neither a banking nor financial service.
2.9 TEWI reserves its right to change the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.
3.1 The Website contains content owned or licensed by TEWI ("TEWI Content"). TEWI owns and retains all rights in the TEWI Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the TEWI Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the TEWI Content.
3.2 The TEWI name and logo are trademarks of TEWI, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TEWI, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of TEWI, and may not be copied, imitated or used, in whole or in part, without prior written permission from TEWI.
3.1 Use of the Website
You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website; (v) collecting or harvesting any personally identifiable information, including account names, from the Website; (vi) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Website; (ix) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or (x) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
5.2 You understand that TEWI cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
6.1 THE ADVICE OR INFORMATION PROVIDED BY THERAPISTS VIA THE WEBSITE IS PROVIDED FOR SUGGESTIVE PURPOSES ONLY AND SHOULD BE USED WITH CAUTION. YOU ARE ADVISED STRONGLY AGAINST RELYING SOLELY ON, OR MAKE DECISIONS BASED SOLELY ON ADVICE PROVIDED BY ANY THERAPIST.
6.2 You understand and agree that although a Therapist may be a counsellor, therapist or other mental health professional. TEWI disclaims any and all liability for any consultation and therapy services rendered by a Therapist to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access a Therapist through the Website and to continue to interact with such individual(s), and that the role of TEWI is strictly limited to providing access to such Therapists to you.
6.3 USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, PLEASE GO TO THE NEAREST HOSPITAL OR HEALTH CARE PROVIDER.
6.4 YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE AND AVAILING OF SERVICES ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. TEWI IS NOT, AND WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
7.1 THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEWI OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TEWI, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
7.2 TEWI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TEWI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8.1 TEWI does not make any representation or warranty as to the quality or value of the services offered on the Website, or availability of Therapist(s). TEWI does not implicitly or explicitly support or endorse any services on the Website. TEWI shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
8.2 While TEWI carries out background checks and verifications on all Therapists, you understand and acknowledge that TEWI does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Therapist, or any service, advice, opinion, recommendation provided by a Therapist. Nothing contained in these Terms, the Website or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any Therapist; (b) the Website or (c) any service, advice, opinion, recommendation made available via the Website or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Website.
8.3 You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
8.4 You agree that TEWI is not responsible for, and does not endorse, User Content posted within the Website. TEWI does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
8.5 TEWI reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by TEWI, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. TEWI will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.
8.6 We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
9.1 TEWI may terminate these Terms for any reason at any time. TEWI reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
10.1 The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
10.2 We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
11.1 You shall indemnify and hold us 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 you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defence without our prior written consent.
11.2 IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE WEBSITE, YOU HEREBY RELIEVE TEWI, 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.
12.1 IN NO EVENT WILL TEWI OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TEWI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
12.2 BY USE OF THE WEBSITE AND THE SERVICES, THE USER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTIONS, LIABILITIES, CONSEQUENCES, DECISIONS, BEHAVIOURS (“CONDUCT”) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR SERVICES, AND SHALL IN NO WAY HOLD TEWI AND/OR ITS AFFILIATES RESPONSIBLE FOR SUCH CONDUCT.
13.1 This Agreement shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.
14.1 Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
14.2 Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
14.3 Unenforceability:If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
14.4 No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
If you have any queries, comments or suggestions about these our Terms of Service, you can contact us at: firstname.lastname@example.org