Terms of Service

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THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

 

For SafeTherapy Users and Clients (All mental health professionals and clinic staff):

SafeTherapy, operated by Emodite LLP, is a therapy engagement platform for therapists to connect with their clients better, and streamline their work. This privacy policy outlines the collection, storage, utilisation, and distribution of personal data provided by users while using our platform.

This agreement is established between SafeTherapy as operated by Emodite LLP (henceforth referred to as “SafeTherapy”) and any individual or entity using our services (henceforth “the User”).

By signing up, accessing, or using SafeTherapy, the User acknowledges and agrees to these Service Terms (“Terms”) and thus forms a legally enforceable contract with SafeTherapy . These terms are applicable to all visitors and users, irrespective of their registration status.

 

Definitions

“Services” pertain to SafeTherapy’s solutions. This can include or will include, but is not limited to, functionality for mental health case documentation and records, session plans and notes, appointment scheduling, billing, invoicing, payments, and pertinent analytics. Additionally, client-specific scheduling, and documentation via the Client dashboard are encompassed within these Services.

“Account” refers to the User's registered account with SafeTherapy.

“Confidential Information” encompasses all non-public information, regardless of how it is shared, which is explicitly labelled as private or inherently understood to be private based on its nature and the circumstances of its disclosure.

“Discloser” refers to the party sharing Confidential Information with the Recipient.

“Recipient” refers to the party obtaining Confidential Information from the Discloser.

“Client” refers to any individual who receives services from a registered User within the platform, as per the provisions of these Terms and Conditions.

“User Data” denotes all information and personal data that is provided by the User to SafeTherapy during the use of our Platform and Services.

“Client Data” pertains to identifiable information and data about the User’s clients, including but not limited to their name, contact information, records and mental health background.

“Personal Data” refers to any information, whether recorded in a material form or not, that can be used to directly or indirectly identify an individual. This may encompass, but is not limited to, names, addresses, phone numbers, email addresses, identification numbers, and any other data that can be used in combination with other data to identify an individual. Personal Data excludes any data that has been rendered anonymous or where identifying information has been permanently removed.

“De-Identified Data” refers to the anonymisation of Personal Data, Client Data and/or User Data in such a way that the resulting data lacks identifiers specific to the User or their Client(s) and does not contain any Personal Data. Both parties acknowledge that De-Identified Data is distinct from User Data and Client Data.

“Third Party Service Providers” refers to therapy clinics, mental health centres, diagnostic and assessment facilities, or any entities providing non-medication-related services beneficial to the User and their practice.

“Third Party Services” refer to any external platforms, tools, or services, whether integral or supplementary, that a User may utilise in connection with their mental health practice.

 

1. Mental Health Practice Platform(s) - Description and Terms of Contract

1.1 This agreement provides the User with access to SafeTherapy’s solution and platform. The services encompass functionalities such as mental health case documentation, session plans, notes, assignments, appointment scheduling, billing, invoicing, payments, and relevant analytics. Additionally, the services include client-specific scheduling, and documentation accessible through the Client App.

1.2 Users and clients may access SafeTherapy’s platforms via a web interface, or on mobile devices.

1.3 It is the User's sole responsibility to maintain the confidentiality of their account and access details. Should there be any suspicion or discovery of unauthorised access, the User must immediately notify SafeTherapy via email at hrishika@safetherapy.in. Users are obligated to ensure their account remains exclusive to them and is not shared or transferred to third parties.

1.4 The ever-evolving nature of healthcare, mental health, digital platforms, and related regulations may necessitate updates or changes to this Agreement. SafeTherapy retains the right to amend or update these Terms, the Platform, or the services.

 

2. Permitted & Restricted Use of Services, and Obligations of the Parties

 

2.1 SafeTherapy's Commitments

SafeTherapy shall use its best commercial abilities to commit to the following:

2.1.1 Service Availability: SafeTherapy shall strive to ensure the consistent availability of its platform to all registered Users, excluding scheduled maintenance periods or unforeseen technical disruptions.

2.1.2 Customer Support: SafeTherapy commits to providing timely customer support via email. Users can expect a response within 2 business days under typical conditions. Support will assist Users with troubleshooting, technical difficulties, billing enquiries, and platform guidance.

2.1.3 Data Security: SafeTherapy shall implement robust and comprehensive security measures designed to protect the confidentiality and integrity of User and Client Data. In the event of any identified vulnerabilities or security incidents, SafeTherapy will address these promptly and notify affected Users and/or Clients, aligning with applicable regulatory standards.

2.1.4 Regulatory Compliance: SafeTherapy will continuously align its platform with Indian regulatory standards and any other pertinent jurisdictional mandates. Regular updates shall be made available to enhance platform functionality, improve user experience, and ensure superior service delivery.

2.1.5 Platform Enhancement: SafeTherapy shall periodically refine and update the platform, integrating advanced features, augmenting the user experience, and resolving any discovered bugs or glitches.

2.1.6 Respect for Intellectual Property: SafeTherapy acknowledges that any Client records, session plans, notes, templates, attachments, and other content produced by the User within the platform constitute the intellectual property of said User.

2.1.7 Data Privacy and Confidentiality: SafeTherapy will access User and Client Data only when essential for operational purposes or to comply with legal requirements. Such access will always adhere to our strict confidentiality protocols, ensuring the protection of data while delivering Services, addressing concerns, or fulfilling regulatory obligations.

2.1.8 Non-commercial Use of Data: SafeTherapy categorically commits to abstaining from selling, leasing, or distributing User or Client Data to third parties for profit-making objectives. The trust placed in us by our Users and their clients is paramount. Any data utilisation aligns solely with the goals of service enhancement, performance evaluation, and regulatory adherence.

 

2.2 Obligations of the User

2.2.1 Data Accuracy: It is the User's responsibility to ensure the accuracy and completeness of their own and their Client Data. SafeTherapy relies on Users to maintain the correctness of all data they input or upload to our platform.

2.2.2. Client Communication Responsibility: The User is responsible for confirming the successful receipt of any critical instructions, assignments, or communications by their Clients while using SafeTherapy's platform. In the event of any perceived technical interruptions or failures, the User shall make alternative communication arrangements if necessary to ensure continuity of care and service.

2.2.3. Authorisation to Share Data: The User must possess the appropriate permissions and authorisations before uploading, entering, submitting, or sharing any User Data or Client Data with SafeTherapy.

2.2.4. Use Limitations: The User shall use SafeTherapy's platform and services strictly for lawful, intended, and authorised purposes. Any malicious or unintended use may result in suspension or termination of the User’s account, legal action, or other penalties as deemed appropriate by SafeTherapy. The User is strictly prohibited from engaging in any activities that could compromise the platform's security or detract from the experience of other users.

2.2.5. Ethical Use and Mandatory Reporting: The User shall uphold ethical standards in all interactions, communications, and activities conducted within or through the platform. This includes adhering to professional codes of conduct, reporting potential harm situations, and ensuring that the platform is not used to facilitate any form of harm or abuse. If a situation arises where there is potential harm to a Client or others, the User has an obligation to follow mandatory reporting or any other interventions as required by their professional body or local legislation.

2.2.6. Notification of Unauthorised Access: In the event of any unauthorised access, usage, or suspected breach related to their account or data, the User must promptly inform SafeTherapy at hrishika@safetherapy.in to initiate appropriate security measures.

2.2.7. Professional Judgement: The User acknowledges that SafeTherapy provides tools to aid in mental health practice management, but these tools do not replace or override the professional judgement of the User. The User should always rely on their expertise, training, and professional discretion when providing mental health services, regardless of any functionalities, suggestions or data provided by the platform.

2.2.8. Training and Understanding: The User is responsible for undergoing any necessary learning or orientation to ensure they fully understand and can competently use SafeTherapys platform and services. Additionally, they should be fully versed in any associated legal or ethical obligations in their region attached to the use of such tools in the context of mental health.

2.2.9. Crisis Intervention: While SafeTherapy  may offer tools for practice management, it is not a crisis intervention platform. Users are strongly advised to contact emergency services or relevant crisis helplines in the event of immediate threats or crisis situations involving their Clients. The User must also have in place, and adhere to, a separate process or procedure for addressing such situations.

 

2.3 Prohibited Activities by the User

2.3.1 Unauthorised Use: The User shall not use the service for purposes not explicitly permitted under this agreement or outside the intended scope of the services provided.

2.3.2 Resale of Service: The User shall not sell, resell, rent, or lease access to the service or any part thereof.

2.3.3 Inappropriate Content: The User shall not store, submit, or transmit content that infringes upon third-party rights, is libellous, or is otherwise unlawful or malicious, including but not limited to content that promotes hate speech, discrimination, or violence.

2.3.4 Interference: The User shall not interfere with or disrupt the integrity or performance of the service or the data contained therein.

2.3.5 Unlawful Access: The User shall not attempt to gain unauthorised access to the service, other user accounts, or related systems and networks.

2.3.6 Reverse Engineering: The User shall not reverse engineer, decompile, or disassemble any part of the Platform(s) or Website(s).

2.3.7 Removal of Proprietary Marks: The User shall not remove, obscure, or modify any proprietary markings, copyright notices, or restrictive legends set within the service.

2.3.8 Competitive Misuse: The User shall not access the service to develop a competing product or service, or replicate any features, functions, or graphics for competitive purposes.

2.3.9 Unlawful Activities: The User shall not use the service to support, directly or indirectly, any illegal or unlawful activities.

2.3.10 Prescription Restrictions: The User shall not utilise the platform for the prescription of medication or any medical interventions outside the purview of mental health care.

2.3.11 Scope of Practice: Use of the platform must align with mental health, therapy, psychology, counselling, coaching, and related fields in accordance with the region(s) of the User’s practice. Any deviation from this scope is not allowed.

2.3.12 Assign to Third Parties: The User shall not authorise, permit, or allow third parties to engage in any of the aforementioned prohibited activities. The User may be liable for any prohibited activities undertaken by third parties associated with or linked to their account, regardless of explicit permission.

 

3. Personal Data and Privacy

3.1 Personal Data Processing: The User acknowledges that their data may include Personal Data. In fulfilling its obligations as a data intermediary, SafeTherapy shall:

3.1.1 Compliance and Instructions: Process Personal Data adhering solely to the User's instructions. This may include directives to disclose or transfer Personal Data to Third Party Service Providers, but only as required for service provision or as dictated by applicable law.

3.1.2 Data Security Measures: Adopt technical and organisational measures in line with industry standards to protect Personal Data against unauthorised or unlawful processing, accidental loss, alteration, or unauthorised disclosure.

3.1.3 Access and Corrections: Respond to any requests for access to Personal Data and rectify any inaccuracies in the Personal Data processed by SafeTherapy without undue delay.

3.2 User Obligations Pertaining to Data Handling: Address any Client concerns or queries about their data's handling promptly. 

3.3 Please visit our privacy policy to learn more.

 

4. Outcome Measures, Assessments, and Assignment of Work

4.1 Automated Scoring of Open-Sourced Measures: SafeTherapy provides automated scoring for specific outcome measures. All such measures employed are open-sourced and freely available to the public. SafeTherapy does not claim copyright or ownership over these measures nor does it derive any specific income from the utilisation of these measures.

4.2 Respect for Copyright Holders: SafeTherapy respects the rights of copyright holders. If a legitimate copyright holder of any of the hosted measures contacts SafeTherapy with a valid request to remove their measure due to copyright issues, SafeTherapy will promptly comply with this request.

4.3 Practitioner's Responsibility for Outcome Measures: Practitioners are solely accountable for ensuring that any outcome measure or assessment they use, either through SafeTherapy or independently, adheres to the requisite ethical, legal, and professional guidelines.

4.4 Intellectual Property Ownership: SafeTherapy provides practitioners the capability to upload their own documents. SafeTherapy neither claims nor assumes ownership or rights over such intellectual property; unless a collaborative agreement between the two parties is established to co-generate the same. SafeTherapy shall not be held responsible or liable for any violations of intellectual property rights related to content generated by practitioners.

 

5. Third Party Service Providers

5.1 Engagement with Third Parties: SafeTherapy may collaborate or integrate with Third Party Service Providers to deliver certain services. The User acknowledges and consents to this arrangement.

5.2 Data Protection and Third Party Sharing: If the User opts to utilise Third Party Services, they are responsible for ensuring full compliance with all relevant data protection legislations. However, when SafeTherapy shares User and Client Data with Third Parties for service-related functions, it will ensure that these Third Parties maintain appropriate security measures. Notwithstanding, the supplemental terms and conditions set by the respective Third Party Service Provider. SafeTherapy  will make these additional terms available to the User upon their eng User must always exercise discretion and understand the data policies of any Third Party Service they decide to use directly.

5.3 Autonomy of Third Party Service Providers: The User acknowledges that Third Party Service Providers are separate and autonomous entities, and while SafeTherapy might collaborate with them, it neither controls nor oversees their services directly. As such, SafeTherapy cannot vouch for the consistent quality or reliability of their offerings. It's also worth noting that these providers may change, pause, or cease their services without giving prior notice. However, whenever feasible, SafeTherapy commits to notifying the User if it becomes privy to significant modifications or discontinuations in Third Party Services.

5.4 Disclosure Upon Request: Users may request an updated list of SafeTherapy's Third Party Service Providers. While SafeTherapy intends to be transparent, certain disclosures might be limited due to commercial confidentiality agreements.

 

6. Disclaimers

 

6.1 Warranty Disclaimers:

6.1.1 No Express or Implied Warranty: The SafeTherapy service is provided "as is" and "as available", without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.1.2 No Service Guarantee: SafeTherapy does not guarantee uninterrupted, secure, or error-free operation of the service. Outages, interruptions, or disruptions may occur, and SafeTherapy does not warrant that these will be corrected. SafeTherapy  will, however, make reasonable efforts to resolve or mitigate such disruptions when they occur.

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6.2 Nature of the Service:

6.2.1 No Therapeutic Advice or Diagnosis: SafeTherapy's Platforms are not intended to offer therapeutic advice, conduct mental health diagnoses, or dictate therapeutic interventions. The service should not replace the professional judgement of licensed therapists, psychologists, or other mental health care providers.

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6.3 User Responsibilities:

6.3.1 Accuracy of Information: The User is solely responsible for ensuring the accuracy of Client information, which includes but is not limited to, obtaining a mental health history, emergency contacts, and consents.

6.3.2 Consent: Obtaining Client consent for using SafeTherapy 's services is the responsibility of the User. The User shall inform Clients that SafeTherapy is a tool and should be used in conjunction with, and not as a replacement for, professional judgement.

6.3.3 Clinical Decisions: All decisions or actions concerning the mental and emotional health and wellness of Clients, including any acts or omissions based on information provided by the service, are the User's sole responsibility. Any reliance on or use of SafeTherapy 's service does not diminish the User's clinical accountability.

6.3.4 Compliance with Local Regulations: The User is solely accountable for ensuring that their engagement with SafeTherapy and their subsequent practice of therapy or mental health care is in full compliance with the regulatory frameworks, ethical standards, and legal stipulations of their specific jurisdiction. SafeTherapy shall not be held liable for any violations or non-compliance by the User with respect to such local regulations and laws.

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6.4 Risk Acknowledgment:

6.4.1 By opting to use SafeTherapy’s Service(s) and Platform(s) in a therapeutic setting, the User acknowledges and accepts all risks associated with its use. The User recognises the importance of applying their professional expertise and sound judgement when integrating SafeTherapy  into their practice. It is recommended that the User always employ SafeTherapy  as a supplementary tool, alongside other diagnostic methods and professional judgement.

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6.5. Mandatory Reporting:

6.5.1 Users are reminded of their ethical and legal obligations concerning mandatory reporting, especially in circumstances that involve potential harm to the Client or others, suspected child abuse, or any other reportable incidents as per their jurisdiction's laws.

6.5.2 SafeTherapy does not assume responsibility for a User’s failure to adhere to these obligations. It is the sole responsibility of the User to remain updated on their jurisdiction's reporting laws and to take appropriate action when necessary.

6.5.3 While SafeTherapy provides a platform for interaction between Users and their Clients, it does not monitor these interactions for mandatory reporting scenarios. Therefore, the onus lies entirely with the User to recognise and act upon these situations.

 

7. Indemnification

7.1 General Obligation to Indemnify: The User agrees to indemnify, hold harmless, and defend SafeTherapy, its directors, officers, employees, and agents from any liability, cost, or expense, including reasonable attorney’s fees, that SafeTherapy may suffer or incur as a result of claims, demands, costs, or judgments against SafeTherapy arising out of or in connection with:

7.1.1 Breach: The User's breach of its obligations, representations, and/or warranties under these Terms.

7.1.2 Unauthorised Activities: The User's unauthorised use, access, or distribution of the Service.

7.1.3 Misrepresentation: The User's provision of false, duplicate, incomplete, unauthorised, or misleading information.

7.1.4 Intellectual Property Rights: The User's violation of intellectual property rights, including but not limited to copyrights, patents, and trademarks, or other rights of any third party.

7.1.5 Clients Usage: Any claims made by third parties against SafeTherapy  as a result of User's utilisation of the Service.

7.2 Client Communication & Scheduling: The User acknowledges and understands that, while SafeTherapy strives to ensure the consistent and uninterrupted delivery of instructions, assignments, scheduling and communications via its platform, technical issues may occasionally occur. These issues can be due to factors beyond SafeTherapy 's control, such as software bugs, server downtimes, internet disruptions, or other technical malfunctions.

7.2.1 Instructions & Assignments: In the event that a Client fails to receive instructions, assignments, or any other essential communication due to such technical interruptions, SafeTherapy shall not be held liable or responsible for any consequences, losses, damages, or inconveniences that may arise as a result.

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8. Mutual Confidentiality

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8.1 Protection of Confidential Information

8.1.1 Confidentiality Obligation: The Recipient shall employ at least the same care used to protect its own Confidential Information, but no less than reasonable care, to prevent the unauthorised use or exposure of the Discloser's Confidential Information. The Recipient will limit access to the Confidential Information of the Discloser to employees or agents who need it for purposes consistent with these Terms and have confidentiality obligations no less strict than those within this Agreement.

8.1.2 Required Disclosures: The Recipient may disclose Confidential Information when mandated by law or judicial proceedings but will give prior notification to the Discloser when legally permissible.

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8.2 Exclusions

Confidential Information does not encompass data that:

8.2.1 Becomes publicly known without a breach by the Recipient.

8.2.2 Was in the Recipient's possession prior to its disclosure without breaching any obligation.

8.2.3 Is independently received from a third party without breach of any obligations.

8.2.4 Is developed independently by the Recipient without accessing the Discloser's Confidential Information.

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8.3 Mental Health Data Specifics:

8.3.1 All patient information, including, but not limited to, personal identification details, medical histories, therapist-patient interactions, treatment plans, and any associated documentation, is regarded as confidential.

8.3.2 The Recipient acknowledges that some of the Confidential Information may pertain to mental health information, which requires additional care and sensitivity in its handling. In such cases, the Recipient should provide an additional layer of care beyond standard confidentiality practices.

8.3.3 SafeTherapy  is dedicated to ensuring the utmost protection of this information from unauthorised access, disclosure, alteration, or destruction. However, it should be noted that the responsibility for maintaining this confidentiality during consultations or direct communications lies with both the practitioner and the patient.

 

9. Proprietary Rights

 

9.1 Ownership of User Data

9.1.1 Data Ownership: SafeTherapy acknowledges that all User Data remains the property of the User. Except for the limited rights to utilise the User Data explicitly set forth in these Terms, nothing herein grants SafeTherapy any additional rights to such data.

9.1.2 Intellectual Property: All rights, titles, and interests, inclusive of intellectual property rights in the services, remain with SafeTherapy or its licensors. The User holds a restricted right to use the services as prescribed in these Terms.

9.1.3 Feedback: Feedback aids SafeTherapy in enhancing the services, ultimately benefiting users. Once shared with SafeTherapy, SafeTherapy retains rights to such feedback and any resultant intellectual property.

9.1.4 Data License: The User grants SafeTherapy a limited, global, royalty-free licence to use User Data and Client Data exclusively for the purpose of delivering the services that the User has specifically requested or opted into.

9.1.4.1 “Global” Definition: The term "global" in this context solely refers to the technical infrastructure SafeTherapy uses to deliver its services. It does not imply any broader or unrestricted use of data across global markets or for extraneous purposes outside of the specific service delivery to the User.

9.1.4.2 Prohibited Uses:

Without the explicit written consent of the User, SafeTherapy shall not: (i) Use, share, or distribute the data for marketing purposes. (ii) Use the data for independent research or development projects. (iii) Sell or monetise the data, whether in its original form, aggregated, or de-identified. (iv) Train machine learning or artificial intelligence (A.I.) models using the data, unless such training directly benefits the User's experience and is communicated transparently to the User.

9.1.4.3 De-identification and Aggregation: If SafeTherapy uses De-Identified Data in an aggregated form, such usage will be for internal service improvement purposes only. SafeTherapy commits to using de-identification techniques and safeguards to ensure that individual data cannot be linked back to individual users or clients.

9.1.5 Marketing Use: With adherence to the User's branding guidelines, SafeTherapy may list the practitioner as a client for marketing objectives, encompassing the use of the practitioner's name and/or logo in promotional content. Should the User wish to be excluded from promotional content, they may opt out by providing written notice to SafeTherapy at hrishika@safetherapy.in

 

10. Limitation of Liability

10.1 Service Performance: SafeTherapy shall exert its best commercial efforts to ensure the Services perform in accordance with their designated functionalities as outlined in prior clauses.

10.2 Service Operation: SafeTherapy does not guarantee uninterrupted or error-free operation of the Services. The User acknowledges that SafeTherapy  does not control data transfer over communication channels, such as the internet. The Services might be subject to limitations, delays, and other issues related to internet-based communication. SafeTherapy  shall not be held accountable for any disruptions, delivery failures, or damages arising from communication issues, Third Party Services, or the User's breach of this Agreement.

10.3 Remedy for Breach: In the event of a breach of clause 9.1, the sole remedy available to the User will be SafeTherapy ’s effort to correct the deficiency in the Services.

10.4 Exclusions from Liability: Notwithstanding anything to the contrary contained herein, SafeTherapy  shall not be responsible for any loss of revenue, profits, or data, or for special, indirect, consequential, incidental, or punitive damages, regardless of the cause. This limitation is applicable regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

 

11. Miscellaneous

11.1 Entire Agreement: This Agreement, inclusive of its appendices and exhibits, represents the complete understanding between SafeTherapy  and the User and supersedes any previous agreements, understandings, and discussions related to its content.

11.2 Severability: If any provision of this Agreement is deemed illegal, invalid, or unenforceable, such provision shall be considered stricken from this Agreement, but all other provisions will remain in full force and effect. However, both parties will negotiate in good faith to replace such void provision with a valid and enforceable one that closely mirrors the intent and economic effect of the stricken provision.

11.3 Waiver: No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein.

11.4 Assignment: The User may not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of SafeTherapy . Any unauthorised assignment or transfer by the User shall be deemed null and void. SafeTherapy  may assign or transfer any of its rights or obligations under this Agreement without notice or consent.

11.5 Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved through amicable negotiations. If such negotiations are unsuccessful, the parties agree to resolve any such disputes through binding arbitration in New Delhi, India, in accordance with the rules of the Courts of New Delhi, India.

11.6 Force Majeure: SafeTherapy will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event.

11.7 Notices: All notices under this Agreement shall be in writing and shall be delivered by email or at the address provided by each party, with acknowledgment of receipt. Any notices shall be deemed received on the date of successful transmission if sent by email or five (5) days after dispatch if sent by post.

11.8 No Third-Party Beneficiaries: Except as expressly provided in this Agreement, no provisions of this Agreement are intended or shall be construed to confer upon or give to any person or entity other than the User and SafeTherapy  any rights, remedies, or other benefits under or by reason of this Agreement.

11.9 Relationship of the Parties: Each party operates as an independent entity, responsible for its own decisions and actions. Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties. Neither party shall have the authority to make any statements, representations, or commitments of any kind or to take any action binding on the other, except as expressly authorised in writing.

11.10 Commitment to Ethical Practices:

11.10.1 SafeTherapy  is steadfast in its dedication to maintaining ethical conduct within its operations. Specifically, SafeTherapy commits to principles of honesty, transparency, fairness, and respect in its dealings.

11.10.2 Definitions:

"Ethical Breach": An action or inaction that grossly violates the principles of honesty, transparency, fairness, and respect. Minor deviations or inadvertent errors will not be considered an ethical breach unless they cause significant harm or misrepresentation.

"Fair Investigation": An objective assessment conducted by an impartial third-party to ascertain the nature and extent of a purported ethical breach.

11.10.3 User Obligations: Users of SafeTherapy 's Services are expected to adhere to general standards of professionalism and integrity pertinent to their specific field of work. While SafeTherapy  acknowledges the varied ethical standards across different professions and regions, Users are expected not to engage in actions that would be universally deemed as dishonest, misleading, or harmful.

11.10.4 Termination Due to Ethical Breach: SafeTherapy  reserves the right to terminate this agreement with a User if there's a proven ethical breach. Such termination will only occur after:

(i) A complaint or report of a suspected ethical breach has been submitted,

(ii) A fair investigation has been conducted and has found the User to have committed an ethical breach, and

(iii) The User has been given an opportunity to respond to the findings of the investigation.

11.10.5 Legal Ramifications: Legal actions may be pursued by SafeTherapy  against a User who has committed an ethical breach that has caused material harm or damage to SafeTherapy  or its stakeholders. Such legal actions will be in line with the applicable laws and regulations.

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12. Pricing and Cancellation

12.1 SafeTherapy strives to provide the user with the best possible service in order to maximise user satisfaction. Keeping that in mind, SafeTherapy's cancellation and refund policy ensures the highest possible flexibility for the user.

12.2 Non-refundable Subscription Fees for Therapists:

Subscription fees, whether monthly or annually, are non-refundable. In the event of an early termination/cancellation, subscription fees will not be pro-rated. 

12.3 Obligations Upon Termination for Therapists:

12.3.1 Following the termination of the Services, the User must settle any outstanding and unpaid subscription fees and ensure the return, destruction, or discontinuation of use of any equipment, materials, and other items (including all copies) belonging to SafeTherapy. The User will provide evidence of fulfilling this responsibility upon SafeTherapy's reasonable request. Failure to comply with this clause may result in additional charges and/or legal action.

12.3.2 SafeTherapy will erase the mentioned User Data within 30 days of this Agreement's termination, unless legally obligated to retain it. Users should ensure they download their data prior to this deletion.

12.4 Shipping is not applicable for SafeTherapy's business.

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13. Jurisdiction and Governing Law

13.1 This Agreement is to be interpreted and governed by the laws of India, disregarding its conflict of law provisions and principles. Both parties explicitly consent to submit any disputes arising from this Agreement to the exclusive jurisdiction of the Courts of New Delhi, India.

Safe therapy may change, suspend, or discontinue the availability of any of the services at any time, without any liability and with prior notice.

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Contact Us: Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding the service or the SafeTherapy’s platforms.

 

Grievance officer: The name and contact details of the Grievance Officer to handle any complaints in relation to the services or use of the SafeTherapy’s platforms are provided below:

 

Customer Redressal Officer

 

Hrishika Awasthi

 

Email: hrishika@safetherapy.in​