TERMS OF USE AND DISCLAIMER

 

  • These Terms and Conditions applies to everyone who visit our website regardless of whether you use a computer, mobile phone, tablet, or television or any other media or computer resource to access our Services.  It also applies to those who register on our website/applications in connection with use of our services, or whose data we otherwise receive in connection with our services. If you do not agree to any of these terms, please do not use the Services provided by the Company/ website.
  • It is mandatory for all Users of the Site to have read carefully, fully understood and be in total agreement to the below mentioned Terms before they proceed to use any of the services of the Site (“Services”).
  • This Terms of Use is an electronic record under Information Technology Act, 2000 and the rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  • For the purpose of these Terms of Use, “we”, “us” “our” or “Company” mean the website owner and “you”, “your” and “user” means any person who accesses or uses or registers on our website, https://jagjitkaurtherapy.com (“Website”) and avails our Services.

 

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.

 

  1. EFFECTIVE DATE

These terms and conditions are effective from April, 2023.

  1. DEFINATIONS

Unless the context otherwise requires, the terms listed below when used below shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in hereunder may be identified by the capitalization of the first letter of each principal word thereof. In addition to the terms defined below, certain other capitalized terms are defined elsewhere in this document and whenever such terms are used in this document, they shall have their respective defined meanings, unless the context, expressly or by necessary implication, require otherwise.

  • Account Information: refers to a user identification code, password or any other piece of information which may be provided to you as part of our security procedures;
  • Agreement: means and includes the Terms and Conditions, Privacy Policy and any other such terms and conditions that may be mutually agreed upon between us and the User in relation to the Services;
  • Applicable Law: means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement;
  • Confidential Information: means and includes all information that is not in the public domain, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, of us and/or affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to us in confidence;
  • Content: means and includes any information all data and information on the Site;
  • Intellectual Property: means and includes patents, inventions, know how, trade secrets, trademarks, service marks, designs, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works, and techniques in either printed or machine-readable form, whether or not copyrightable or patentable, each of which is not in the public domain or would by its very nature fall within public domain;
  • Intellectual Property Rights: mean and include:
  1. all right, title, and interest under including but not limited to patent, trademark, copyright under the Patents Act, 1970, Trademarks Act, 1999 and Copyright Act, 1957 respectively; any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not;
  2. any licenses, permissions and grants in connection therewith;
  3. applications for any of the foregoing and the right to apply for them in any part of the world;
  4. right to obtain and hold appropriate registrations in Intellectual Property;
  5. all extensions and renewals thereof;
  6. causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same;
  7. any Confidential Information;
  • Prohibited Conduct: means and includes the User’s use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third party rights; infringement or misappropriation of ours or any persons Intellectual Property Right; attempt to gain or assist another person/ User to gain unauthorized access to the Site and/or Services or its related systems or networks; create internet links to the Site or “frame” or “mirror” any content on any other server or wireless or Internet-based device; act of sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights leading to harassment, annoyance, anxiety or inconvenience to any person; modify or make derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsely representing User Information;
  • User: means any person who accesses the Site for whatever purpose, regardless of whether said User has registered with https://jagjitkaurtherapy.com as a registered User or whether said user is a paying User for a specific service provided by https://jagjitkaurtherapy.com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority;
  • Un-Authorized User: means any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an ‘unauthorized User’ and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions;
  • Site: means and includes the website owned, operated and managed by us at the URL https://jagjitkaurtherapy.com.

  1. GENERAL INTERPRETATION

In this Agreement, except to the extent that the context otherwise requires:

  • References to a statute, ordinance or other Law shall be deemed to include any references to a statute, ordinance or other Law as amended, supplemented or replaced from time to time in accordance with its terms and (where applicable) subject to compliance with the requirements set forth therein and shall include regulations and other instruments under such statue, ordinance or other Law;
  • References to Clauses, Annexures and Schedules are reference to clauses in and annexures and schedules to this Agreement unless the context requires otherwise and the Annexures and Schedules to this Agreement shall always be deemed to form part of this Agreement;
  • The headings are inserted for convenience only and shall not affect the construction of this Agreement;

  1. OVERRIDING EFFECT

In the context of this Agreement:

  • We and users agree that their respective rights and obligations under this Agreement shall be interpreted, acted upon and governed in accordance with the terms and conditions of this Agreement.
  • It is agreed between the us and users that this Agreement shall govern their contractual relationship in relation to the Transactions and that subject to applicable Laws, this Agreement shall have an overriding effect notwithstanding anything to the contrary contained in any other document, in relation to this Transaction.

  1. ACCESS TO THE SITE

  • First time Users can access the Site for preliminary browsing without creating an Account.
  • The User undertakes and agrees to provide User Information, uploading Content and create an Account in order to retrieve specific information and avail the Services.
  • We shall verify the Account by requesting for the one-time password from the User. The User undertakes and agrees that a mobile number can only be used once to create an Account. The User is prohibited from creating multiple Accounts and we reserves the right to conduct appropriate verification to detect such multiplicity of Accounts and take appropriate action.
  • The User undertakes to cooperate with any of our personnel in connecting with the User’s access to the Site, as may be required by us.
  • The User needs to be above the age of 18(eighteen) years to sign up/ access the website. We reserve the right to terminate the account of any person anytime who is below the age of 18 (eighteen). You must obtain the consent of your parent or guardian before using this website.

  1. USER’S OBLIGATIONS

  • The User agrees and expressly states that he/she shall be solely responsible for the accuracy and completeness of the Registration Data and other information given to the Company in the application for Membership/ subscription in order to use the Service. The User will ensure that the data shared with https://jagjitkaurtherapy.com doesn’t contain any fraudulent, false, misleading or manipulated facts.
  • The User agrees to have / have acquired all the necessary rights and authorizations before posting any information on the Site including but not limited to listing information, property descriptions, photographs, maps, layouts, contact information etc.
  • The Site may also require the User to support his/ her claims with respect to the status of the property with such documents as may be specified by it from time to time.
  • The User is responsible for the set-up or configuration of all the necessary equipment required to access the Service.
  • The User will comply with all notices or instructions given by us from time to time in respect of the use of the Service.
  • The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
  • The User is solely responsible for the maintenance of confidentiality of the login information.
  • This would include the User’s password and Username and all activities and transmission performed by the User at https://jagjitkaurtherapy.com.
  • The User will immediately notify the Company of any unauthorized use of the User’s account or any other breach of security known to the User.
  • The User will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy.
  • In case you chose to discontinue your association with us, you can unsubscribe / remove your account by completing the delisting procedure using the Remove Account link available in your folder.

  1. USER ACCOUNT

  • When you register with us, an account will be created for your use on the https://jagjitkaurtherapy.com and you will be provided with required Account Information to enable your access to the Account.
  • If you access the Site after logging into any third-party app like Facebook, Twitter or Gmail, the login information of such third-party account, as the case may be, shall be considered as the Account Information. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the Site through your Account shall be considered an access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the Site or any other Site accessed by you through the Site.
  • Subject to applicable law, you agree to be liable for all uses of your Account whether or not actually authorized by you. If you know or suspect that anyone other than you know or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at [email protected].
  • We have the right to disable your use of the Account Information or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

  1. AVAILABILITY, ERRORS AND INACCURACIES

  • We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
  • We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.

  1. PRIVACY

  • In the event that you choose to create an Account with https://jagjitkaurtherapy.com, you may be required to provide some personal information, including your name, username, password, email address, phone number and other information
  • Our Privacy Policy, available on the website sets out the terms on which we process any personal information we collect from you, or that you provide us. By continuing to use the Site and services, you consent to the terms as set forth in the Privacy Policy, including the transfer of this information to third party affiliates for purposes mentioned in the Privacy Policy.

  1. COPYRIGHT, TRADEMARKS AND LICENSES

  • The entire contents of the Site are protected by copyright and trademark laws.
  • We are the owner of the Site. However, the ownership of the Content is with the creator of that specific Content.
  • We are the licensee of all copyrights, trademarks, service marks or any other intellectual property in the Content published on the Site. All such rights are reserved.
  • You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of the material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
  • You agree to grant us a non-exclusive, royalty-free, worldwide, perpetual license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by e-mail to https://jagjitkaurtherapy.com by all means and, in any media, now known or hereafter developed.
  • Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of https://jagjitkaurtherapy.com.
  • All logos, brands, trademarks, registered marks (“Marks”) appearing in https://jagjitkaurtherapy.com are the properties either owned or used under license by the Company and Jagjit Kaur,Counselling Psychologist and Software Consultant. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company / its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.

 

  1. PUBLISH CONTENT/ INFORMATION

You are not allowed to host, display, upload, modify, publish, transmit, update or share any information that -:

  • Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
  • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • Post any file that infringes the copyright, patent or trademark of other legal entities;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
  • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
  • Publish, post, disseminate information that is false, inaccurate or misleading;
  • Violate any applicable laws or regulations for the time being in force in or outside India;

  1. PROHIBITED USE

  • The User shall not use the Services offered by the Site in any manner that impairs the interests and functioning of the Site and which is non-compliant with laws and regulations.
  • The User will not allow any person other than the authorized person(s) named in the application form to use the Service.
  • The User shall use the Service only for the purpose for which it is subscribed.
  • The User will comply with all applicable laws and shall not contravene any applicable law of India relating to the Services, including any regulation made pursuant thereto.
  • The User shall not to use the Service for any unlawful purpose including without limitation criminal purposes.

 

In the event of a violation of any of the above-mentioned covenants mentioned in Clause 11 and 12 by the User, and same comes to the website owner’s knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The website owner shall issue a warning to the User to discontinue any activity, which leads to the said violations, and in the event the User continues with such activity, the website owner has the sole authority to terminate or suspend the membership and/or any other related facility. In addition to the right to indemnity available to the website owner, the owner shall have the right to any legal remedy, against the User to recover the loss suffered by him/her and the harm caused to the goodwill of the website owner, due to such violation by the User.

 

  1. DISCLAIMER

The Users agree and acknowledge that we are only an online platform that helps in building a new mental health reality that allows the Users to improve the quality of their mental health.

  1. OTHER TERMS AND CONDITIONS
  2. Governing Law & Jurisdiction:

This Website originates from India. This Agreement will be governed by the laws of the laws of India and the courts of Haryana shall have exclusive jurisdiction. without regard to its conflict of law principles to the contrary.

  1. Domestic Use:

We make no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

  1. Assignment:

You may not assign your rights and obligations under this Agreement to anyone. We may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

  1. Limitation of Liability

Our total aggregate liability under this Agreement and in relation to anything which we have done or not done in relation with this Agreement shall be limited to the fees paid by the User for availing the Services in relation to which such liability of us arises.

  1. Indemnity

We and our experts, employees and agents collectively at all times shall be held indemnified against any losses, costs, expenses, claims, suits and/or damages (including reasonable attorney fees)incurred and/or suffered by us, whether directly or indirectly, resulting from, an act or a failure to act, of any User, person or Third-Party Service Provider for any reason whatsoever and against any claims, suits and/or legal proceedings initiated by third parties inclusive of but not limited to the User’s:

(a) breach of any terms of this Agreement;

(b) third party claims arising from an infringement or alleged infringement of such third party’s Intellectual Property;

(c) claims made by any Government Authority due to the User’s violation of Applicable Law; or

(d) actual or alleged gross negligence or willful misconduct in connection with the User’s use of the Services or this Agreement.

(e) a fraudulent act committed by a User which results in loss or damage, suffered or incurred by any other User or by any third party.

  1. User Grievance

Any User grievance relating to the discrepancies or misuse of information so provided to us may be addressed to the grievance officer, whose details are provided below appointed by us for this purpose. The grievance officer shall address the grievance within one month of the date of receipt of such grievance from the User.

  1. Guidelines for Law Enforcement Agencies (LEAs)/ Report a Fraud

The LEAs can send us the legal requests/ notices to us on _____for assistance required on user details. Additionally, in case if you have any query, you can also call us on our Customer Helpline Number – _______, across all 7 days a week, between 10:00 AM to 7:00 PM. We will try to respond within 72 hours of receiving the request.

  1. Amendment
  • We shall change, update or modify this Agreement, in whole or in part, without any prior notice to the User, provided, however, that, a notification of such change, updation or modification will be made available on the Site.
  • The User’s uninterrupted and continued usage of the Services and the Site shall be deemed as acknowledgment and acceptance of the changes, updates or modifications to the Agreement.
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