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These Terms and Conditions of Use (hereinafter referred to as “Terms”) as hereinafter appearing are published in accordance with the provisions laid down under Rule 3(1)(a) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.
Definitions“AAPKE PAS”, “aapkepas.com” “Company”, “Firm”, “we”, “our”, “us”, “Service Provider” or similar terminology are all in reference to AAPKE PAS as a provider of services for the remainder of this document,
Company User“Client”, “user”, “you”, “your”, “him”, “her”’ “they” or other similar terminology, as the context may require, are all in reference to you as the user of the website as a recipient of our services and resources for the remainder of this document.
User(s)” means any person competent to contract under Indian Contract, 1872 and created User Account,
Unregistered User means any visitor to this Digital Platform,
User Account means the account created by the User(s) (pursuant to the acceptance by Aapke Pas), on the Digital Platform by submitting their details as is required, for availing or providing the Services,
Website means www.aapkepas.com
Therapist“Psychological Wellness Practitioner”, “Psychological Wellness Professional”, “Wellness Professional”, “therapist”, “wellness advisor”, “expert”, “doctor”, “consultant”, “coach”, “mentor”, or similar terminology are all in reference to the therapist.
Registration: Means your registration with us to allow you to access the platform provided by us;
Platform:Means the services provided using this website;
Site:Means the use of this website to obtain access to therapist;
Agreement means these Terms and Conditions of Use, together with Privacy, Policy (available at www.aapkepas.com), and additional terms wherever applicable, Digital Platform” or “Platform” collectively refers to the Website and Mobile Application,
Digital Platform or “Platform” collectively refers to the Website and Mobile Application,
Services: Means the collective offering like assessment or therapy or counselling, information, advice or any other input for benefit of user.
Emergency services shall include but not limited to those medical services required for the immediate diagnosis and treatment of medical condition of an individual and if no immediate attention or treatment is given may lead to serious physical or mental disability, injury or other serious consequences,
Mobile Application means Aapke Pas mobile application which User(s) can download from Google Play
Services means healthcare services including but not limited to
(a) consultation with therapists,
(b) video consultation with therapists
(c) if any, telemedicine consultation /insta chat consultation with therapists, available from time to time through the Digital Platform, and rendered either directly by Aapke Pas
Force Majeure Event: Means any event arising due to any cause beyond the reasonable control of Aapke Pas;
Transaction: Means purchase of eligible services on the Aapke Pas platform;
DisclaimerIf you are considering, thinking or contemplating suicide or feel that you are a danger to yourself or to others, or if you feel that you or any other person may be in any danger or if you have any medical emergency you must notify the appropriate personnel or visit the nearest hospital or emergency room. The same applies in-case of a medical or psychological health emergency. Aapke Pas does not deal with emergencies – medical, psychological or otherwise. You acknowledge, confirm and agree that the platform is not designed for use in any of the aforementioned cases and that you must not use the platform in any of the aforementioned cases.
PrefaceAapke Pas has been set up to take effective use of the surging power of digital technology to discover & strengthen the professional healthcare providers and consumers by providing value
The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of this Agreement.
The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this Agreement mean and refer to this Agreement and not to any particular Clause of this Agreement. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of this Agreement.
Any reference to any statute or statutory provision shall include:
(i) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated), and
ii) such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced; and
No rule of construction or interpretation shall apply to the disadvantage or detriment of Tata Health for having control or being responsible for the preparation of this Agreement.
AgreementThis Agreement (hereinafter defined) sets out the Terms under which the Website/Mobile Application and the Services (hereinafter defined) is permitted to be used by the User(s) (hereinafter defined) is/are available thereunder.
Revisions/ChangesAAPKE PAS reserves its rights to change, edit, modify, update, amend, revise or substitute (collectively hereinafter termed as “Revisions”) the Agreement from time to time. Any Revisions made will be effective immediately upon their posting on the platform.
Any changes will be notified to the User(s) either through the Services or in-app notifications. We request the User(s) to periodically review the Terms for any. User(s) continued use of the services consequent to any Revisions, shall be deemed acceptance of such Revisions/revised terms and conditions.
Acknowledgement1. Before accessing or creating User Account (hereinafter defined) on the Digital Platform, User(s) are advised to carefully read these Terms and the Digital Platform’s Privacy Policy available. The Terms and the Privacy Policy are collectively referred to as “Agreement” herein. By accessing/browsing the Website/ Mobile Application for any information and/or availing the Services, the User(s) hereby acknowledge that they have read, understood and accept all the terms and conditions of the Agreement and agree to abide by the same. If the User(s) do not consent or accept the terms and conditions of the Agreement they are advised to forthwith disengage from the Website/Mobile Application and stop the access/use thereof.
2.AAPKE PAS reserves the right to (i) accept or reject the request of the User(s) to create an account, (ii) terminate the account of registered User(s) for unauthorized use, or (iii) refuse the Services offered through this Digital Platform due to non-availability of Services.
The Therapist And Their ServicesThe platform enables you to communicate with a therapist for availing the services provided by them. We assume no responsibility for any act, advice, omission or doing of any therapist, what-so-may-ever. We make no representation or warranty what-so-may-ever as to the willingness or ability of a therapist to give you an advice.
We make no representation or warranty whatsoever as to whether you will find the Services relevant, reliable, useful, correct, proven, satisfactory or suitable to for your specific requirements/need(s). We do maintain adequate quality control at the time empanelment of the therapist for services regarding their qualification, experience and expertise however, we do advise you to check if any specific service as well as whether a therapist is categorized correctly or matched correctly to you.
We do not practice counselling or medicine or any other licensed profession, and does not interfere with the practice(s) of medicine or counselling or any other licensed profession by therapists, each of whom is responsible for their services and compliance with the requirements applicable to their profession and license, Aapke Pas operates the site as an online platform.
While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of the skills, degrees, qualifications, license, certification, credentials, competence or background of any therapist. it is your sole responsibility to conduct independent verification regarding any therapist that provides you with services (whether through the platform or not) and we strongly recommend that you will conduct this verification prior to communicating with any therapist through the platform and on a continuous basis as you use the platform.
Your relationship relating to the services is strictly with the therapist. We are not involved in any way with the actual substance of that relationship or any part of the service (whether provided through the platform or not), and we do not validate or involved in any of the services.
In case you make a payment through the platform, or make any payment to us, this payment is made to the therapist for the services. We may charge the therapist by taking a portion of this payment for the use and operation of the platform (“Platform Use Fees”). However, we will not be deemed as the therapist of any services regardless of payment.
Nature of ServiceAapke Pas is a platform regarding online mental health & re-discovered wellbeing that offers clients the ability to securely seek advice from experts (who have been authorized by Aapke Pas to use the platform for delivering their professional services) and obtain virtual one-to-one experiencing online therapy consultation with any of them depending on the area of concern to address & feels to be aligned.
Aapke Pas offers services that are/may include:
The aforementioned shall hereinafter be referred to as “Services”.
Use Of The Platform/SiteAs being the operators/maintainers of the platform, our role is strictly limited to facilitating the communication between you and the therapist and to enable you the provision of the services. It your sole discretion as whether to consider, evaluate & decide as to whether these services are appropriate for you or not and whether to avail it or not.
The Digital Platform can be browsed and accessed by Unregistered User(s) as well as User(s) The platform does not include the provision of medical care, or other professional services by us. The services may change from time to time, at the sole discretion of Aapke Pas, and these terms and conditions will apply to your visit and use of the site to avail the services, as well as to all information provided by you on the site at any given point in time.
We make no representation or warranty whatsoever as to whether you will find the services relevant, useful, correct, satisfactory or suitable to for your needs. Aapke Pas shall not be responsible or liable, in any way, for any act or omission on part of any Third Party Service Provider(s).
You agree, confirm and acknowledge that although the therapist may provide the services through the platform, we cannot assess whether the use of the therapist, the services or the platform is right and suitable for your needs.
You agree, confirm and acknowledge that you are aware of the fact that the services are not a complete substitute for a face-to-face examination and/or session by a professional/therapist. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the services. Furthermore, in addition, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counsellor, by face-to-face appointment, because of information or advice you received through the platform.
The platform is not intended for diagnosis, including information regarding which drugs or treatment that may be appropriate for you, and you should disregard any such advice if delivered through the platform.
You are advised to exercise a high level of care and caution in the use of the platform and the services.
Applicability Of These TermsYour access to & use of the services is conditioned on your compliance with these terms and conditions. By becoming a registered user and/or accessing and/or using the services, the site, or any portion of the services or the site, you agree to be bound by these terms and conditions and all applicable laws and regulations governing the services.
If you do not agree with these terms, you are not authorized to access or use the services for any purpose. Additional terms and conditions applicable to specific areas of the site or to particular transactions are also posted in particular areas of the site and, together with these general terms and conditions, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use the site.
By agreeing to this agreement you are also agreeing to the terms of the platform privacy policy available at https://www.aapkepas.com/privacy-policy (the “Privacy Policy”). The privacy policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy policy.
By agreeing to this agreement you are also agreeing to the terms of the platform cancellation & refund policy available at https://www.aapkepas.com/refunds-policy (the “Cancellation & Refund Policy”). The cancellation & refund policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the cancellation & refund policy.
User(s) acknowledges and agrees that Services provided by Aapke Pas through the Platform shall not constitute medical care, diagnosis and/or treatment and no Consultation Provider-Patient relationship will be established between Aapke Pas and the User.
Site ContentTo the extent service is provided to you by a therapist, such l advice is based on your personal health data as provided by you and the local standards of care for your presenting symptoms. Responses are not provided by Aapke Pas, but are provided by your therapist.
he content on the site (other than a direct response from a counsellor) is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis, assessment or treatment. You should always talk to your medical professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on the site represents or warrants that any particular drug/treatment is safe, appropriate, or effective for you.
Your Role, Conduct and Commitmentsa) unsolicited email and/or advertisement or promotion of goods and services; b) malicious software or code; c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; d) any content that infringes a third party right or intellectual property; e) any content that may cause damage to a third party; f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
The User(s) are requested to carefully read the Agreement before browsing or accessing the contents, or creating a User Account, on the Digital Platform and gain knowledge as to how the information shared by them may be stored, protected, processed, used, shared and disseminated by Aapke Pas.
Aapke Pas subject to the terms of this Agreement may accept the User Account creation request. The creation of User(s) Account shall be at the sole discretion of Aapke Pas.
You understand that any information/details/consultation/medicinal recommendations received by You through this e-platform is not intended to serve as a substitute or replacement for any clinical advice and should not be relied upon while making treatment related decisions.
Services1. The Registered User(s) may access or avail the following Services,
a.Book an appointment for consultation with Healthcare Professionals;
b. Video Consultation with Healthcare Professionals for non-emergency medical care;
c. Rewards Program
2. User(s) are required to make requisite payment of Service Fees/Charges as are fixed and hosted on the Platform for availing the Services as per the specified payment mechanism.
3. Aapke Pas at its discretion can provide or facilitate the Services in the following manner,
a. against payment of Service Fees/Charges,
b. free of charge,
c. by offering some discounts/offers
Book an appointment for consultation with Healthcare ProfessionalsAapke Pas lists the profile of the therapists on its Platform.
User(s) may search the Platform for therapists for the available specialties/ therapeutic areas.
From the results displayed the User(s) may book an appointment on the Platform for the Services of therapists as per the available times slot.
Disclaimer In the event any schedule appointment is subsequently cancelled by you/therapist kindly visit https://www.aapkepas.com/refunds-policy
Payment Fee, Cancellation & RefundYou confirm and agree that all payment related information that you provided and will provide in the future, to or through the platform, are accurate, current and correct and will continue to be accurate, current and correct.
You confirm and agree to use only payment means (credit cards or others) which you are duly and fully authorized to use and permitted to be used & are available on our platform.
You agree that all current and future interactions between you and therapist will be made, managed and billed through platform.
If, for any reason, an interaction between you and the therapist is not made through the platform, you agree that it will be billed through the platform and that the standard platform fees will be charged and delivered to us even if the platform hasn’t been used for this interaction.
For more information on payment methods, charges and fees, the user shall refer to the Payment section on the website. Aapke Pas reserves the right to change any or all parts of Payment policy without notice or liability to the user or any third-party.
All cancellations and refunds will be handled as per the Cancellation & Refund Policy of the Company. For more information on cancellations and refunds, the user shall refer to the Cancellation & Refund Policy on our website https://www.aapkepas.com . Aapke Pas reserves the right to change any or all parts of the Cancellation & Refund Policy without notice or liability to the user or any third-party.
Privacy PolicyAapke Pas provides services over the internet. Usage of our website or online resources is subject to the Privacy Policy of the Company and is provided on the Privacy Policy page of the website. Please read the Privacy Policy carefully. Aapke Pas reserves the right to add, change, or remove sections from the Privacy Policy without notice or liability to any third-party.
Cancellation & Refund PolicyAapke Pas provides services over the internet. Usage of our website or online resources is subject to the Cancellation & Refund Policy of the Company and is provided on the Refunds/Cancellations policy page of the website. Please read the Refunds/Cancellations policy carefully.Aapke Pas reserves the right to add, change, or remove sections from the Refunds/Cancellations policy without notice or liability to any third-party.
Modifications, Termination, Interruption and Disruptions to the PlatformYou agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the platform, any part of the platform or the use of the platform, whether to all customers or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
For the removal of any doubt, we may terminate or prevent your use of the platform and any services provided by through the platform at our sole discretion for any reason and for any period of time.
The platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
Intellectual PropertyThe services, the site, and all information and/or content that you see, hear, or otherwise experience on the site (collectively, “Content”) are protected by the Indian and international copyright, trademark and other laws. We own or have the license to use all of the intellectual property rights relating to AAPKE PAS, the services, the site, and the content, your right including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happened to be registered. You will not acquire any intellectual property rights in AAPKE PAS by your use of the services or the site.
For the sake of brevity, it is expressly clarified herein that any and all content including, but not limited to, user generated content and/or information collected directly or indirectly from users and therapists shall belong solely and exclusively to AAPKE PAS. Copying any such copyrighted content from the site for any purpose, whether commercial or otherwise, shall be a violation of AAPKE PAS's copyright and AAPKE PAS reserves all its rights and remedies in law in relation to such violation.
Limitation of LiabilityYou agree, confirm and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages, or any loss of life or health.
You further agree, confirm and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the platform will not exceed the total amount of money paid by you through the platform in the 3 months period prior to the date of the claim.
Your License to Use the ServicesWhen you use our services or site you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these terms, AAPKE PAS grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the services and to download and print any content provided by AAPKE PAS solely for your personal and non-commercial purposes. you may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services or content, except as expressly permitted in these terms and conditions, without AAPKE PAS’s express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AAPKE PAS or its licensors, except for the licenses and rights expressly granted in these terms and conditions.
Errors, Inaccuracies and OmissionsOccasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product / service descriptions, pricing, promotions, offers etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
Disclaimer of WarrantiesYou agree, confirm and acknowledge that the platform is provided “as is” and therefore you will not have any claim or demand against us. The use of the platform is at your sole risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to merchantability, non-infringement, title, operability, security, accuracy of data, system integration fitness for a particular purpose or accuracy.
You expressly agree that use of the platform is at your sole risk.
You acknowledge and agree that the company does not itself provide medical advice, diagnosis, or treatment but is a platform that provides you with help by enabling therapists to use the platform. You acknowledge and agree that the therapists using the site will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of therapists, in their sole discretion, as they deem appropriate.
We do not assume, and will not be liable for: (a) the accuracy or availability of the platform or any part of the platform; or (b) any damages, harm or injury arising from or related to the platform, the therapist or their services.
You hereby release us and agrees to hold us harmless from any and all causes of action and claims of any nature resulting from the therapist services or the platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any mental health professional or any other provider in a field requiring licensure and/or certification, who may be accessed through the platform.
AAPKE PASand its licensors and affiliates disclaim any warranties regarding security, accuracy, reliability, timeliness and performance of the services or that the services will be error free or that any errors will be corrected. No advice or information provided to you by AAPKE PAS will create any warranty that is not expressly stated in these terms and conditions.
We make no representations concerning, and do not guarantee, the accuracy of the services, including, but not limited to, any information provided through the services or their applicability to your individual circumstances. Our services and site content are developed for use in India and AAPKE PAS and its licensors and affiliates make no representation or warranty concerning the services or site content when they are used in any other country.
IndemnificationYou will indemnify, defend, and hold harmless AAPKE PAS, therapists and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
AAPKE PAS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Changes to These TermsAAPKE PAS reserves the right to change terms and conditions at any time. Any changes that we make will become a part of our agreement with you when they are posted to our site. Your continued use of our services or the site will constitute your agreement to the changes we have made. The last date these terms and conditions were revised is set forth at the end of this document.
SeverabilityShould one or more provisions of these terms and conditions be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the terms and conditions, which will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this agreement.
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