Terms and Conditions

Please read the below-mentioned Website Terms & Conditions carefully before availing the Services at the Website

INTRODUCTION

This website www.MyRafiky.com (“Website”) is owned and operated by Thoughtful Tech Private Limited, a private limited company incorporated and governed under the laws of India, having its registered place of business at Kanyakumari.

Your use of the Website is an acknowledgement that you have reviewed the terms and conditions (the “User Agreement”), and you agree to comply with and be legally bound thereby with the said Terms and Conditions read together with the Privacy Policy and Cancellation & Refund Policy. These Terms & Conditions govern your access to and use of the Website and the Services (as defined below). If you do not agree to these Terms & Conditions, you must refrain from using the Website and the Services.

DEFINITIONS

Company

“Company” means “MyRafiky”, “www.MyRafiky.com”, “we”, “us”, “service provider” or any other similar terminology are all in reference to.

User

“User” means “Client”, “user”, “you”, “your” or other similar terminology 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.

[As per the applicable terms of these Terms & Conditions and delivery of Services at the Website, an User shall also mean and include the Legal Guardian /Parent of a Teen (between the age gap of 13-17 years of age) whose Legal Guardian/Parent has complete knowledge about the Services and has given consent to the Teen for receiving Services from the Therapist at the Website under their personal guidance and consent].

Therapist

“Therapist” means “Psychologist”, “Psychological Wellness Practitioner”, “Psychological Wellness Professional”, “Wellness Professional”, “Therapist”, “Wellness Advisor”, “Expert”, “Consultant”, “Coach”, “Counsellor”, “Mentor”, or similar terminology are all in reference to the Therapist.

NATURE OF SERVICE

MyRafiky is a an online mental health & holistic wellbeing platform that offers the Users the ability to connect with Therapists. All the Therapists on the Website are screened and have active and updated licenses, which can be viewed on their profile pages.

MyRafiky Services include (included but not limited to):

(a) Online counselling services with expert Therapists (who have been authorized by MyRafiky to use the Website for delivering of their Services to Users);

(b) Online Self-Assessments;

(c) Webinars/Workshops curated and delivered by the Therapists;

(d) Participation in User forums, replies, comments, feedbacks, blogs and any other submission on the Website;

(e) Face to face counselling sessions at specific tie-up clinics.

The Serviced offered and delivered at MyRafiky are in compliance with our User anonymity and confidentiality policies (refer to Privacy Policy). The Company reserves the right to modify/amend/add/delete any product(s) from its Services without any prior notification. The aforesaid shall hereinafter be referred to and treated as “Services” delivered by the Company to the Users at/through the Website.

DISCLAIMER

1.The Advice or information provided by experts via the website is provided for informational purposes only and can not be considered a substitute for examination by a doctor or other mental health professional. You are advised strongly against relying solely on or making decisions based solely on advice provided by any of our counselors operating on the site.

2. You understand and agree that although an expert may be a counselor, therapist, or other mental health professional. MyRafiky disclaims any and all liability for any consultation and therapy services rendered by an expert to you through the website. You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Website and to continue to interact with such individual(s), and that the role of MyRafiky is strictly limited to providing access to such Experts to you.

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 emergency health care provider.

4. MyRafiky IS NOT A SUICIDE HELPLINE PLATFORM. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MAY DISCONTINUE USE OF THE SERVICES IMMEDIATELY AT YOUR DISCRETION AND PLEASE NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL. IF YOU ARE THINKING ABOUT SUICIDE, IMMEDIATELY CALL A SUICIDE PREVENTION HELPLINE USING THESE LINKS.

5. Your use of information provided on the website and availing of services on the website is solely at your own risk. MyRafiky is not and will not in any manner be involved in the practice of medicine or the provision of medical care.

USER AGREEMENT

By visiting and/or availing the Services from MyRafiky, you as an User confirm that you are of legal age (18 years and above) and are not incompetent to contract under the Indian Contract Act, 1872 and are legally allowed to take decisions of your own while availing the Services being offered by the Company and the Therapist at the Website.

Teen Counselling: For counselling Services being availed by/for a teenager being between the age gap of 13-17 years through his/her parent or legal guardian [“Teen”]. The consent from a parent or legal guardian is required to receive Services. You hereby confirm that as the consenting parent or legal guardian for the Teen, you have the sole right to consent to Services for therapy/counselling at the Website. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process and use of Personal Information on behalf of the Teen for delivery of Services. You also agree that the said consent for the Services remain valid until the receipt of Services by the Teen itself and/or its legal guardian and/or parent. The terms and conditions set forth in this User Agreement shall come into full force and effect upon your usage of Services through the Website, any resource from the Website. Accessing the Services on any medium/device including but not limited to mobile phones, smartphones, desktops, tablets is irrespective subject to the terms of this User Agreement.

DELIVERY OF SERVICES AND TERMS OF USE

● As owner and operator of the Website, our role is strictly limited to facilitating the communication between You and the Therapist for provision of Services.

● You agree, confirm and acknowledge that the Services are not a substitute for face-to-face counselling and/or examination. You should not solely rely and make health well-being decisions primarily based upon the information and/or counselling Services provided by the Therapist through the Website. None of the information provided and/or stated on the Website represents or warrants that any particular drug or medicinal treatment is appropriate, safe or effective upon you specifically.

● The Company enables you to communicate with a Therapist for availing Services through the Website. The Company assumes no direct/indirect responsibility/liability for any act/omission/commission for any advice/consultation/representation provided/made by the Therapist to you during the counselling session and/or any other interaction with You through the Website.

● The details provided by you during registration for the Services- either to us directly or through your organization is truthful correct, complete and accurate and that You agree to maintain the accuracy of such information at all times. You shall be solely responsible towards the accuracy/correctness for the information provided.

● Your use of the Website is solely for your/your Teen’s personal use only. Any usage/interaction of this Website and/or its content other than personal purposes is prohibited.

● You agree, confirm and acknowledge that you shall be always responsible for maintaining the confidentiality of your password and any other security information related to the account (“Account Access”) created by You at the Website for availing Services.

● Your access to the Services at the Website in pursuant to payment of relevant service fees only for the specific Service selected.

● The Company reserves the right to take any and all action(s) deemed necessary or reasonable regarding the Services at the Website and your account information.

● You agree, acknowledge and confirm to ensure to check the technical specifications before availing Services at the Website, and ensure that your device has all necessary settings/software (if needed) for availing Services at the Website.

● You agree, commit, confirm and acknowledge not seeking, enquiring personal information/contact details of any Therapist and/or any other person at the Website during/post Services.

● You agree, commit, confirm and acknowledge not to make any use of the Website for posting, sending, delivering any of the following:

(a) Unsolicited email/advertisement or promotion of any type of goods and/or services;

(b) Malicious software or code;

(c) Any content which is termed as unlawful, harassing, abusive, offensive, vulgar, obscene, racist, potentially harmful, threatening;

(d) Any content that infringes the intellectual property of any third party (including but not limited to copyright, trademark, patent, trade secret, moral right or any other intellectual property right).

(e) Any false or inaccurate information.

[The obligations as set forth above shall apply to you as a Therapist for any content submitted by you as a Therapist to the Company].

● You agree, confirm and acknowledge that you are solely and fully liable and responsible as an User (including but not limited to User being a Teen and/or their legal guardian and/or parent) towards your interaction at the Website for the Services. You shall be completely responsible for all the activities/interaction undertaken by the Account Access created by you at the Website.

● You agree not to commit or interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

● You agree, confirm and acknowledge that your receipt of Services shall always be in complete compliance as per the applicable law in force in India.

● You agree that the Company shall send all customer communications by online message and/or e-mail and such messages shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.

● You agree to receive all commercial messages including transactional messages from MyRafiky.

THERAPIST AND SERVICES

● The Company makes no representation or warranty whatsoever as to whether you find the Services relevant, useful, correct, satisfactory for your needs. While we do maintain adequate and reasonable quality control at the time of empanelment of the Therapist regarding their qualification, experience and expertise however, we do advice you to check and inform yourself about the Therapist details before booking any consultation Service. While we may 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, degree, qualification, licence, certification, competence or professional background of any Therapist. It is at your sole discretion to conduct and verify the same about the Therapist before availing any Services from the Therapist at the Website, and we strongly recommend that you will conduct the said verification prior to communicating with any Therapist at the Website.

● The Company and/or its representatives themselves do not practice medicine or counselling and is not a medical facility/hospital/clinic. The Company through its Website acts as a mere connecting platform/medium between the User and the Therapist pan-India for provision of Services.

● our interaction with the Therapist at the Website is solely at your personal discretion. We (the Company) is not involved in any manner whatsoever (directly/indirectly) for the manner of any Service delivered by the Therapist to you.

● For the Service availed by you at the Website, this payment is made to the Therapist for the Services. We may charge the Therapist a portion of the said payment for use and operation of the Website for delivering the Services (“Platform Use Fees”). However, the Company shall not be deemed as a Therapist for any Services regardless of the payment.

● If you receive any file/document/form from the Therapist through the Website for the Services delivered by the Therapist at the Website, you agree to check and scan the file/document/form for any virus or malicious software prior to opening the file/document/form.

● To the extent Services is provided to you by the Therapist, such consultation is based solely upon the information/details shared by you during the counselling session with the Therapist. The responses for the information shared by you is solely provided by the Therapist and not by the Company.

● During the delivery of Service and as per information shared by you, your Therapist may determine that the Services are not appropriate for some or all of your treatment, and accordingly opt out to provide you Services through the Website.

● You agree, understand and acknowledge that, you may experience anticipated benefits from the use of counselling, but no results can be guaranteed or assured.

● The Therapists are independent contractors and not the employees of the Company. Notwithstanding anything contained in these Terms and Conditions shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership between the Therapist and the Company

FOR PRACTITIONERS/THERAPISTS

Practitioners agree and acknowledge that MyRafiky does not make any representation or warranty and does not guarantee the accuracy and/or legitimacy of any information or content provided via this Website including but not limited to any information/detail shared by the User at the time of seeking e-consultation.

The feature herein acts as an information source only and not as a database of medical prescription, and thus, does not warrant or confirm the validity, accuracy, completeness, safety, usefulness, reliability, legality, quality and/ or the applicability thereof. The Practitioners understand that any information provided under this feature is therefore not intended to serve as a substitute for clinical judgement and agrees to use their discretion while relying upon the same for treatment related advice, decisions or otherwise.

MyRafiky does not represent or warrant that the information provided herein will meet with the requirements or expectations of the Practitioner and that any content, material or results that may be obtained from use of information provided under the said feature will be accurate, timely, complete, reliable, genuine and that any errors with regard to the same will be correct at all times.

HOLD HARMLESS

The use of the feature herein and the content is at the User’s sole risk and consequence. The Company shall not be directly or indirectly responsible for the results of the User’s decisions resulting from the use of this feature.

The Users/Practitioners/ Therapists hereby release and agree to hold harmless the Company, its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants, representatives, and assigns from any and all direct and indirect claims, losses, related suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, reasonable legal fees and expenses incurred, by the Users/Practitioners/Therapists arising due to the negligence or misconduct of viewers/Users/Practitioners or due to the access of or decisions taken on the information provided herein.

PRIVACY POLICY

The Company 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. The Company reserves the right to add, change, or remove sections from the Privacy Policy without any prior notice or liability to any third-party.

CANCELLATION & REFUND POLICY

The Company 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 Cancellation & Refund Policy page of the Website. Please read the Cancellation & Refund Policy carefully. The Company reserves the right to add, change, or remove sections from the Cancellation & Refund Policy without prior notice or liability to any third-party.

You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Website, or any part of the Website or the use of the Website, whether to all Users/visitors 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 Website and any Services provided by through the Website at our sole discretion for any reason and for any period of time. The Website 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 Website will be uninterrupted or that it will be secure, consistent, timely or error-free.

CANCELLATION & NO-SHOW POLICY

By booking, you confirm that you have read these Terms & Conditions and the Cancellation & Refund Policy, and you agree to pay the applicable fees, including any remaining/balance amount.

No-show / late cancellation: If you miss a session or cancel after the permitted cancellation window, the amount paid is non-refundable and the session is not eligible for rescheduling.

One User – One Identity: First-session/introductory offers, discounts and coupons are limited to one per User. Using a different mobile number, email or account to avail such offers again is not permitted. If detected, the Company may cancel the booking, recover the remaining balance (difference between the offer price and the standard price), or suspend access.

INTELLECTUAL PROPERTY RIGHTS

● The Services, the Website, and all information and/or content that you see, hear, or otherwise experience on the Website, including but not limited to the Company name/trademark/logo/content/video/audio-video etc. (collectively, “Content”) are protected and governed by the applicable law in force in India. The Company is the sole owner of the Website and the Content available on the Website. (including, without limitation, all intellectual property rights protected/pending/applied for trademark, copyright, patent protection under the applicable Indian law in force.

● Your use of the Website and its Services shall not provide you with any right/title/interest/ownership of the Content in any form whatsoever.

● 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 MyRafiky. MyRafiky reserves all its rights and remedies in law in relation to such violation.

● Your License to Use the Services

When you use our Services or the Website 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, the Company 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 MyRafiky 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 the Company’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 MyRafiky or its licensors, except for the licenses and rights expressly granted in these terms and conditions.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website 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 applicable 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 WARRANTIES

You 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 Website or any part of the Website; or (b) any damages, harm or injury arising from or related to the Website, the Therapist and/or the Services.

You hereby release us and agree to hold the Company, its directors, representatives, agents, harmless from any and all cause of actions and claims of any nature resulting from the Therapists’ Services on the Website, 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 Website.

The Company and 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 MyRafiky 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 the Company and its licensors and affiliates make no representation or warranty concerning the services or site content when they are used in any other country.

LIMITATION OF LIABILITY

You 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. In no event/circumstance shall the Company be held liable for any direct/indirect liability/damage resulting to you due to your access of the Website and/or receipt of Services at the Website.

You further agree, confirm and acknowledge that our aggregate liability for damages arising with respect to this User Agreement and any and all use of the Website will not exceed the total amount of money paid by you through the Website for the specific Services.

Except as otherwise required by applicable law in force, any claim or cause of action arising out of or relating to your use of the Services, the Website or the content or our relationship with you, regardless of theory, must be brought within 3 (three) months after the occurrence of the event giving rise to the claim or cause of action or be forever barred.

The Company and/or the Therapist from whom you receive Services on this Website may be required to report confidential information if they have reason to believe that a client/User is likely to harm others or themselves and in no event shall, the Company or Therapists be liable for such disclosure of your confidential information, including but not limited to disclosure of confidential and personal information of the parent/legal guardian of the Teen who is/has received Services from the Therapist at the Website.

This section (limitation of liability) shall survive the termination or expiration of this User Agreement.

NOTICES

We may provide notices or other communications to you regarding this User Agreement or any aspect of the Website, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to support@myrafiky.com.

INDEMNIFICATION

You will indemnify, defend, and hold harmless the Company, its directors, authorized representatives, permitted assigns, officers, employees contractors, agents, Therapists 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:

• your access to or use of the Services, the Website, or the content;

• your violation of any of the provisions of these terms and conditions;

• any activity related to your Account by you or any other person accessing the Website or Services through your Account, including, without limitation, negligent or wrongful conduct;

• your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

The Company 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 TERMS

The Company reserves the right to change these Terms and Conditions at any time without any prior notice. Any changes that we make will become a part of our User Agreement with you when they are posted to our site. Your continued use of our Services or the Website 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.

SEVERABILITY

Should 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 User Agreement.

GRIEVANCE REDRESSAL

In accordance with Information Technology Act, 2000 and rules made there under, to address the grievances of the users, MyRafiky has set up a Grievance Redressal Forum.

In case you are dissatisfied with any aspect of our services, you may contact our Grievance Redressal Officer at support@myrafiky.com or the number +91 8714 888 758.

We assure you a time-bound response not exceeding one month from the date of your complaint.

JURISDICTION

Jurisdictional policies of the Company have been drafted in accordance and compliance with Indian laws in force. Any and all disputes arising between the User and the Company with regards to this policy. Website and Services, including the interpretation of the terms of this policy shall be subject to the exclusive jurisdiction of the courts at Tami Nadu, India.