Terms of Services for Users

Effective Date: 1^st January 2021
Latest Revised Date: 1^st January 2021

This user agreement is applicable to matters concerning you and Prayatna Counselling and Early Intervention relating to your use of prayatnacounselling.com and any other microsites falling within this website domain (referred to in this User Agreement as the Website). It is an electronic record generated by a computer system and does not require any physical or digital signatures.

By accessing or using content or information provided as part of the Website/ Services, you shall be deemed to have read, understood, and agree to be bound by this User Agreement. The User Agreement applies to all users of the Website, including, without limitation, users who are browsers, counselees, supporters, and/or contributors of the Website content.

If you do not agree to this user agreement, do not use this Website/ Services. Because these Terms are a legal contract between you and Prayatna Counselling and Early Intervention, you must review the Terms carefully before accessing or using the Website.

The term ” Prayatna Counselling and Early Intervention “, “We”, “Us”, “Our”, shall mean Website (prayatnacounselling.com), its Admin, and authorized agents that perform any services on the Company’s behalf.

The term “Parents”, “GrandParents”, “Guardian”, “Caregiver” shall mean the natural person who uses the Website for availing the Services. All these terms will be herein referred to as YOU.

“Platform”, “Website”, “Website Application” or similar terminology are all in reference to any website, or web links that the User can employ to access Services provided by Prayatna Counselling and Early Intervention.

“Therapist”, “wellness advisor”, “expert”, “specialist”, “coach”, “psychologist”, “counsellor” or similar terminology are all in reference to the Certified Practitioner relating to/for Psychology and/or Mental health.

• Prayatna Counselling and Early Intervention is NOT an Emergency Service provider.
• For any medical emergencies, please contact your G.P for further guidance

You may only view pages from our website in any web browser, and use our website services through a web browser subject to the other provisions of these terms and conditions. You may only use our website for your personal, and you must not use our website for any other purposes.

You must not download any material from our website or save any such material to your computer. You cannot sell, rent, sublicence, publish, copy, republish, redistribute, and exploit any of our materials.

– If You are less than 18 years of age, please read through Prayatna Counselling and Early Intervention’s Privacy Policy and Prayatna Counselling and Early Intervention ‘s Terms of Services with Your parent or legal guardian or check with Your Institution to understand eligibility before use. If you have any doubts or need clarification you can contact Prayatna Counselling and Early Intervention. Prayatna Counselling and Early Intervention is not to be used by children under 18 years.

– All the information submitted by you, either to Prayatna Counselling and Early Intervention or to Therapist is truthful and accurate, and that you agree to maintain the accuracy of such information for your benefits.

– You are using this platform for your personal and non-commercial use. Any kind of commercial or anything other than personal purpose is prohibited.

– You shall not decompile, reverse engineer, source Prayatna Counselling and Early Intervention’s code or disassemble the content.

– You agree that you shall pay all applicable fees on time. In case of late payment, Prayatna Counselling and Early Intervention reserves the right to levy a charge/interest on the outstanding amount.

– You agree to not collect contact details or any other personal information, or contact Your Therapist outside of The Prayatna Counselling and Early Intervention’s platform.

– You can cancel or reschedule a scheduled session (in case of an emergency) any time before 24 hours to the start of the scheduled session. No cancellation or rescheduling will be allowed 24 hours or after a session begins. In case of cancellation, your money will stay as a credit amount with Prayatna Counselling and Early Intervention for the session whenever you book next.

– You agree that You are using the Services in your best judgment, and Prayatna Counselling and Early Intervention will not make any representation or warranty as to:

(a) Prayatna Counselling and Early Intervention assures the accuracy of the content, however in case of anything that goes unnoticed, Prayatna Counselling and Early Intervention doesn’t take responsibility or availability of the Prayatna Counselling and Early Intervention Website,

(b) the willingness or ability of the Prayatna Counselling and Early Intervention ‘s therapist to listen,

(c) the willingness or ability of any of the Prayatna Counselling and Early Intervention ‘s Therapist to give advice,

(d) whether You or anyone else shall find the Prayatna Counselling and Early Intervention Website’s Service helpful, useful or satisfactory,

(e) whether the advice of the Prayatna Counselling and Early Intervention ‘s Therapist will be relevant to the User’s question, or

(f) whether the Prayatna Counselling and Early Intervention ‘s Therapist’s advice will otherwise be suitable to Your or anyone else’s needs;

– You understand and agree that, although the Therapist may have been accessed through Prayatna Counselling and Early Intervention ‘s website, Prayatna Counselling and Early Intervention ‘s Admin cannot predict or assess the competence of, or appropriateness for Your needs, of Prayatna Counselling and Early Intervention ‘s Therapist. You also acknowledge and agree that You take full responsibility for the decision to access the Therapist;

– Prayatna Counselling and Early Intervention ‘s Admin reserves the right to modify or discontinue, temporarily or permanently, any Service in or on Prayatna Counselling and Early Intervention ‘s website, with or without notice to User. User agrees that Prayatna Counselling and Early Intervention shall not be liable to User or to any third party for any losses or damages or injury that may result to User or any third party from such discontinuation or interruption of Service.

– Prayatna Counselling and Early Intervention ‘s Services depend on various factors such as software, hardware, and communications networks, its contractors, and sub-processors. Prayatna Counselling and Early Intervention does not guarantee that Prayatna Counselling and Early Intervention ‘s website Service will be uninterrupted or that it will be timely, secure, or error-free;

In order to use the Website, you may be required to provide information about yourself including your name, email address, and other personal information (“Personal Information”). You agree that any information you provide to Prayatna Counselling and Early Intervention on the Website will always be accurate, correct, and up to date. You shall not impersonate someone else or provide account information, an email address, or any other information that is not your own. The treatment of your Personal Information and other related information shall be in accordance with the Privacy Policy.

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. Prayatna Counselling and Early Intervention takes no responsibility if You provide your Prayatna Counselling and Early Intervention credentials to someone else. Please note that Prayatna Counselling and Early Intervention may at its sole discretion chose to reject your registration for providing Services on this Website.

You agree to (a) ensure that you exit from your account at the end of each session, (b) immediately notify us of any unauthorized use of your account information or any other breach of security, and (c) keep vigilance with respect to any unauthorized access. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities or services. However, we do not take responsibility for internet-related issues at your end. We may also exercise our sole discretion to terminate or remove your account from our Application, without providing any justification or assigning any reasons.

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 applicable law. You shall not use the platform and/or Services in any unlawful way, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.

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 emails by making use of the Services or the Website;

(iii) taking any action that imposes, or may impose in our sole estimation an unreasonable or disproportionately large load on our infrastructure;

(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;

(v) uploading invalid data, viruses, worms, or other software agents through the Website;

(vi) collecting or harvesting any personally identifiable information, including account names, from the Website;

(vii) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content (defined below);

(viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

(ix) interfering with the proper working of the Website;

(x) accessing any content on the Website through any technology or means other than those capabilities provided by the Website;

(xi) 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.

(xii) You shall not delete or modify any content of the platform and/or Services, including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

Any unauthorized usage shall amount to infringement of intellectual property or right to privacy and shall be liable for legal proceedings under applicable laws.

Privacy and Security Privacy

We deeply care about the privacy of Our Users. You understand that by using the Services You consent to the collection, use, and disclosure of Your Personal Data and aggregate data as outlined in our Privacy Policy, and to have Your data collected, used, transferred to and processed by Us in accordance with Our Privacy Policy.

We deeply care about the integrity and security of Your Personal Data and maintain security measures as required under applicable laws in India and globally to ensure its authorized use. However, you understand that Prayatna Counselling and Early Intervention cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal Data for improper purposes. You acknowledge that You provide Your Personal Data at your own risk.

Your User account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by ensuring that you keep the login credentials of your User account confidential and limit access to your computer or device and browser by signing off after you have finished accessing your User account.

Some areas of the Service may, either now or later, allow Users to post content such as chat content, profile information, videos, comments, questions, and other content or Information [any such materials a User submits, posts, displays, or otherwise makes available on the Service is called as “User Content”. However, by sharing User Content through the Service, you agree to allow others (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. Prayatna Counselling and Early Intervention has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. You agree not to post or transmit User Content that:

(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or any animal;

(ii) may create a risk of any other loss or damage to any person or property;

(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(iv) may constitute or contribute to a crime or tort;

(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;

(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or another party’s trade secrets);

(vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;

(viii) contains any information or content that You know is not correct and current;

(ix) contains any information or content that You know that it does not belong to you;

(x) violates any school, Institution, or other applicable policy, including those related to cheating or ethics;

(xi) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;

(xii) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy, share, or use personal identifying or business contact information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property (as defined below) or rights of privacy. Prayatna Counselling and Early Intervention reserves the right, but is not obligated, to reject and/or remove any User Content that Prayatna Counselling and Early Intervention believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, Intellectual Property / Right to Privacy means, including but not limited to all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Other than the User content, anything posted on the website not limiting to, graphics, illustrations, software, custom algorithms, music, text, audio, video, audio-visual, image, logo, hex code of the logo and website, and any informative material on the website, is solely Prayatna Counselling and Early Intervention ‘s Intellectual Property.

In connection with your User Content, you affirm, represent, and warrant the following:

You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.

Your User Content and Prayatna Counselling and Early Intervention ‘s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property and privacy rights. Prayatna Counselling and Early Intervention takes no responsibility and assumes no liability for any User Content that You or any other User or third-party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that despite Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that Prayatna Counselling and Early Intervention shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.

If the Service provides any Information (e.g. medical or legal) including recommended tools and techniques (e.g. Yoga or activity or exercises), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.

The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by Prayatna Counselling and Early Intervention. Prayatna Counselling and Early Intervention has no control over any such links, content, web sites, products or services, or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. Prayatna Counselling and Early Intervention does not endorse or assume any responsibility for any such third-party sites, information, materials, products, opinions, or services and will not be responsible or liable for any content, advertising, products, or other materials contained therein or the business practices or privacy practices related thereto. If You access a third-party website from the Service, You do so at Your own risk, and You understand that this Agreement and Prayatna Counselling and Early Intervention ‘s Privacy Policy do not apply to Your use of such sites. You expressly relieve Prayatna Counselling and Early Intervention from any and all liability, directly or indirectly, arising from Your use of any third-party website, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that Prayatna Counselling and Early Intervention shall not be responsible for any loss or damage or injury of any sort relating to Your dealings with such advertisers. If You disclose Your Information to others, different rules may apply to their use or disclosure of such information. We do not control the privacy policies of others. We encourage You to ask questions before You disclose Your Personal Information to others. Prayatna Counselling and Early Intervention encourages You to, at a minimum, be aware when You leave a third-party website and to review the terms of service and privacy practices related to third-party sites;

Prayatna Counselling and Early Intervention may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by Prayatna Counselling and Early Intervention in Our sole discretion. Prayatna Counselling and Early Intervention reserves the right to determine the form and means of providing notifications to Our Users provided that You may opt-out of certain means of notification as described in this Agreement. Prayatna Counselling and Early Intervention is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. Prayatna Counselling and Early Intervention may, in its sole discretion, modify or update this Agreement from time to time, and so You should review this page periodically. When We materially change the Agreement, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new Terms and Condition. If You do not agree to any of these terms or any future Terms and Condition, do not use or access (or continue to access) the Service.

Prayatna Counselling and Early Intervention may terminate these Terms for any reason at any time. Prayatna Counselling and Early Intervention 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. You may terminate these Terms at any time by deleting your User account.

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement or any subsequent amendments to this Agreement including, without limitation, the breach of the terms hereunder, termination, validity or invalidity thereof, or any non-contractual issues relating to this Agreement (each, a “Dispute”), each of the Parties will makes it compulsory to appoint a designated officer to meet to endeavours to resolve such Dispute amicably or to negotiate for an adjustment to such provision.

All Disputes, which are not settled according to the issue resolution procedures set forth, will be referred and settled by final and binding arbitration by a sole arbitrator mutually appointed by the Parties in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time, and the seat of arbitration shall be at Ahmedabad Governing in accordance with law.

This Agreement shall be governed by the laws of India, and subject to the above-mentioned seat, the courts of Ahmedabad shall have exclusive jurisdiction with respect to any dispute arising hereunder

You agree that:

(i) the Service shall be deemed solely based in Ahmedabad (Gujarat, India); and

(ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Prayatna Counselling and Early Intervention, either specific or general, in jurisdictions other than Ahmedabad, Gujarat, India. This Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Ahmedabad, Gujarat for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Our privacy rights, copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

This Agreement and Terms and Condition, together with any amendments, policies, and any additional agreements You may enter into with Prayatna Counselling and Early Intervention in connection with the Service, shall constitute the entire agreement between You and Prayatna Counselling and Early Intervention concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

(a) Prayatna Counselling and Early Intervention shall not be liable for any delays or failures in its performance hereunder resulting from circumstances or causes beyond its reasonable control, including, without limitation, force majeure acts of God, acts or threatened acts of terrorism, war or other violence, or any law, order or requirement of any governmental agency or authority, cyberattacks, or any unforeseen breach or failure of Prayatna Counselling and Early Intervention’s computer systems or networks.

(b) In the event of such delay or failure, Prayatna Counselling and Early Intervention does not have any duty to perform related responsibilities, and also has the right to cease providing the Services, suspend access to the website or carry out any other action as may be required, as may be determined by it in its sole discretion.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Prayatna Counselling and Early Intervention’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

[For some institutional versions of Prayatna Counselling and Early Intervention ‘s website may provide links to support from the institution’s EAP service or health provider, in which case their terms and Privacy Policy will apply.]

You agree to defend, indemnify and hold harmless Prayatna Counselling and Early Intervention and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their contractors, agents, Psychologist, Clinical Psychologist, Counselling Psychologist, Occupational Therapist, Special Educater, Remedial Therapist, Speech Therapist and The Associates of Prayatna from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(i) Your use of and access to the Service, including any data or content transmitted or received by You;

(ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties;

(iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;

(iv) Your violation of any applicable law, rule, or regulation;

(v) any claim, or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or

(vi) any other party’s access and use of the Service with Your unique username, PIN, password, or other appropriate security code.

The service is provided on an “as is” and “as available” basis. The use of the service is at your own risk. To the maximum extent permitted by applicable law, the service provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness from a particular, or non-infringement. No advice or information, whether oral or written, obtained by you from Prayatna Counselling and Early Intervention or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, Prayatna Counselling and Early Intervention, its subsidiaries, its affiliates, and its licensor do not warrant

(i) that the content is accurate, reliable or correct;

(ii) that the service will meet your requirements;

(iii) that the service will be available at any particular time or location, uninterrupted or secure;

(iv) that any defects or errors will be corrected; or

(v) that the services are free of viruses or other harmful components.

Any content obtained through the use of services is 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 your use of services. Prayatna Counselling and Early Intervention does not warrant, endorse, guarantee, or assume responsibility for any product or services advertise or offered by a third party through Prayatna Counselling and Early Intervention ‘s services or any hyperlinked website or service and Prayatna Counselling and Early Intervention will not be a party to or in any way transaction between you and third-party providers of the products or services.

To the maximum extent permitted by applicable law, in no event shall Prayatna Counselling and Early Intervention, its affiliates, agents, directors, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special consequential, or exemplary damages, including without limitation damages for loss of profile, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this services. Under no circumstances will Prayatna Counselling and Early Intervention be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your account or the information contained therein. To the maximum extent permitted by applicable law, Prayatna Counselling and Early Intervention assumes no liability or responsibility for any:

(I) Errors, mistakes, or inaccuracies of content;

(II) Personal injury or property damage, of any nature whatsoever, resulting from access to or use of our services;

(III) Any unauthorized access to or use of our servers and/or any and all personal information stored therein;

(IV) Any interruption or cessation of transmission to or from the service;

(V) Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party;

(VI) Any error or omission in any content or for any loss or damage or injury incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or

(VII) User content the defamatory, offensive, or illegal conduct of any third party. In no event shall Prayatna Counselling and Early Intervention, its affiliates, agents, directors, suppliers, or licensors be liable for any claim, proceedings, liabilities, obligations, damages, losses, or cost in an amount exceeding the amount you paid for the session. For the paid subscription to Prayatna Counselling and Early Intervention ‘s services (also, provided by the therapist), the aggregate liability of Prayatna Counselling and Early Intervention shall be limited to for the period of 6 months.

These limitations apply to the jurisdiction.

The Service is controlled and operated from facilities in India. You understand and agree that, while Services meet all applicable laws in India, the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK, or India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.

You can contact us:

(a) by post/mail, to the postal address given on the website;

(b) using our website contact form;

(c) by telephone, on the contact number published on our website; or

(d) by email, given on the website.