This document is an electronic record in terms of
- Information Technology Act, 2000
- The rules framed there under as applicable; and
- The amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
- Moodcafe, a Company incorporated under the law of India and having its registered office at ___________________________ provides the following web-based/mobile based services on its platform, to prospective clients (hereinafter referred to as "The Clients").
1. The platform provides the following services through its website and application:
- Online counselling sessions to the Clients with Medical Consultants who are registered with Mood Cafe Expert / Mood Cafe and whose details have been uploaded by Mood Cafe Expert / Mood Cafe on its website.
- Providing link between the Clients and the Consultant
- Such counselling sessions shall take place as per the scheduled appointment directly agreed between the Client and the Consultant; The term “Consultants” shall include and refer to individual medical practioners and mental health professionals registered with the Platform and would include their employees, agents or independent contractors.
- Such services provided by Mood Café would not include medical or health care services.
2. The Clients:
- Any person desirous of availing the services on the Platform may sign up on the website.
- Upon such signing up, the Clients shall be deemed to confirm that they have read and agree to the Terms and Conditions, of their free will and without any coercion.
- It is mandatory for the client to be above the age of 18(eighteen) years to sign up on the website. Mood Cafe Expert / Mood Cafe reserves the right to terminate the account of any person anytime who is below the age of 18(eighteen). Parents/Guardians consent is a must for any client under the age of 18 years who wants to seek help through Mood Cafe Expert / Mood Cafe. Parents should give consent by emailing it on __________________ with a valid Indian phone number, which will be double checked by Mood Cafe Expert / Mood Cafe.
- These Terms and Conditions are subject to change or modify by Mood Cafe Expert / Mood Cafe, without notice. The Clients are responsible for regularly updating themselves of the Terms & Conditions, by reviewing them periodically.
3. User Account –
In order to use the Website, you may be required to provide information about yourself including your name, email address and other personal information. You agree that any information you provide to Mood Cafe on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
You are responsible for maintaining the confidentiality of your account details at all times. Further, you are responsible for all activities that occur under your account.
4. USE OF WESBITE AND CONDUCT BY CLIENT OR CONSULTANT:
- You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
- You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website; (v) collecting or harvesting any personally identifiable information, including account names, from the Website; (vi) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Website; (ix) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or (x) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
Consultant/Client Content Guidelines:
- You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. Mood Cafe shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws.
- The Website provides Users the facility to create, share and post content (together, "User Content"). Mood Cafe claims no ownership rights over User Content created by you. Mood Cafe has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
- Mood Cafe takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
- You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Mood Cafe reserves the right, but is not obligated, to reject and/or remove any User Content that Mood Cafe believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- In connection with your User Content, you affirm, represent and warrant the following:
- Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
- To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.
- Mood Cafe may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- Mood Cafe takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that Mood Cafe is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
5. Registration of Consultants:
The Consultants may get themselves registered with the Platform by using any of their personal email ids. Upon registering with the Platform, the Consultants will be provided with the profile pages, so as to enable them to post their relevant information about their education, training experience and area of specialisation. The consultants are advised to provide accurate and complete information in the consultant’s profile and promptly update the Registration Data provided to Mood Cafe Expert / Mood Cafe to keep it current and complete.
The consultants & Mental Health Professionals registered on the platform are solely and exclusively responsible for the content of their respective Consultant profile and Mood Cafe Expert / Mood Cafe expressly disclaims any liability for the content of the consultant’s profile. Mood Cafe Expert / Mood Cafe can only ensure that qualified Consultants are enlisted on the platform.
6. Access to and use of Platform by the Clients:
- The Clients by accessing the website and paying Mood Cafe Expert / Mood Cafe the appropriate fee, shall be entitled to avail of the services available on the Platform, subject to the applicable Terms & Conditions.
7. The website/The Platform:
- The Platform contains the details provided by the Consultants who are registered and who have agreed to provide healthcare and other services, as provided herein.
- Mood Cafe Expert / Mood Cafe verifies the credentials or the accuracy or expertise or skills and capacity of the Consultants as detailed by them, however the clients should accredit of such factors on their own to avoid any discrepancy.
- The Consultants who are registered on this Platform have represented to Mood Cafe Expert / Mood Cafe and to the Clients that they possess the requisite qualification and experience, statutory permission or license related to their fields or practice. Mood Cafe Expert / Mood Cafe is not responsible for any claims that arise in the future.
- The Consultants have agreed to Mood Cafe Expert / Mood Cafe that they shall not withdraw their services on this Platform not earlier than _______ days of their intention to do so. Upon such decision, they shall stop accepting new Clients on the Platform and need to send in writing to ________________________________ their intention to stop providing services through Mood Cafe Expert / Mood Cafe.
8. Client-Consultant Contact:
- A Client accessing the Platform shall have access to the services provided by the various Consultants.
- The Client may choose the service from a particular Consultant, by checking the appropriate sign on the application.
- By establishing the contact and access as above, a Client shall have agreed to avail of the particular service from a specific Consultant as chosen by him. Such a contact once established, is final and binding on the Client and cannot be reversed or cancelled.
9. The Client agrees:
- Not to disrupt or interfere with the security of or otherwise abuse the website and mobile application.
- Not to disrupt or interfere with any other user’s access of the website.
- Not to upload, post, or otherwise transmit through or on this website any viruses or other harmful, disruptive or destructive files.
- Not to divulge his/her username and password to others either on or off the website.
10. Representations and Obligations of Consultants:
- To respond to a Client within a reasonable time but in no event more than one business day after receiving client’s request for appointment.
- To hold any information provided by a Client in strict confidence and not to disclose it to any third party.
- The Consultants shall indemnify and hold indemnified Mood Cafe Expert / Mood Cafe for any adverse result arising from treatment of a Client through this Platform.
11. Clients’ Representation and Indemnity
- The Client represents and warrants that he/she shall use the services of a Consultant chosen by him/her on this Platform, at their sole risk and cost and in any case, they shall indemnify and hold Mood Cafe Expert / Mood Cafe harmless of any claim or loss or damage arising from the services availed by him/her from a Consultant through this Platform.
12. Disclaimer and Rights of Mood Café
- Mood Cafe Expert / Mood Cafe does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness or usefulness of third party contents and disclaims all liabilities arising from or related to third party content
- including but not limited to any information pertaining to any consultant. Further, Mood Cafe Expert / Mood Cafe does not in any manner endorse or guarantee the quality of counselling sessions provided by any consultant registered with our platform.
- The client acknowledges and agrees that the entire risk arising out of your use of the website, platform, mobile App and or of availing any services remains solely with him/her.
- The Mood Cafe Expert / Mood Cafe shall not be liable for any failure or deficiency in the services provided by a Consultant to a Client.
- The Mood Cafe Expert / Mood Cafe shall have the right to deny access to any one if in the opinion of the Mood Cafe Expert / Mood Cafe, such person has violated any of the agreed Terms and Conditions or otherwise has acted in a manner contrary to law or applicable regulations.
- The Mood Cafe shall have the right to deny access to anyone who it considers as undesirable for accessing this Platform.
- The Mood Cafe Expert / Mood Cafe shall have the right to deny access to anyone who it considers as undesirable for accessing this Platform.
- Limitation of Liability:
Mood Cafe Expert / Mood Cafe only connects the Client to the consultants & Mental Health Professionals for the purpose of providing service but do not assess the suitability, legality or ability of any consultant. In no case Mood Cafe Expert / Mood Cafe shall be liable for any direct or indirect, incidental, special or consequential damages of any kind. The clients expressly waive and release Mood Cafe Expert / Mood Cafe from any of the liabilities arising from or in any way related to the Consultants.
Mood Cafe Expert / Mood Cafe will not be party to any disputes, negotiations of disputes including but not limited to payment between the client and the consultants.
Mood Cafe does not make any representation or warranty as to the quality or value of the services offered on the Website, or availability of Expert(s). Mood Cafe does not implicitly or explicitly support or endorse any services on the Website. Mood Cafe shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
While Mood Cafe carries out background checks and verifications on all Experts, you understand and acknowledge that Mood Cafe does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Expert, or any service, advice, opinion, recommendation provided by a Expert. Nothing contained in these Terms, the Website or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any Expert; (b) the Website or (c) any service, advice, opinion, recommendation made available via the Website or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Website.
You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
You agree that Mood Cafe is not responsible for, and does not endorse, User Content posted within the Website. Mood Cafe does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
Mood Cafe reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Mood Cafe, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Mood Cafe will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.
We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms
13. Payment Terms:
- The Client on establishing access to this Platform, shall pay forthwith to Mood Cafe Expert / Mood Cafe the requisite fee/charges for such access. The Client shall, in addition, agree to bear all taxes/duties leviable thereon.
- The Client shall also be liable to pay the Consultant for the service availed of, before availing of such service on each counselling session on agreed hourly rates. Such fee shall be exclusive of any taxes/duties as may be leviable thereon, which shall be borne by the Client.
- Upon realisation of payment from a Client, Mood Cafe Expert / Mood Cafe shall make necessary payment to the Consultant within such time as separately agreed to the Consultant.
- While making payment to the Consultant, Mood Cafe Expert / Mood Cafe shall have the right to withhold any taxes at source, as may be statutorily required.
- Proper and timely payment by a Client to Mood Cafe Expert / Mood Cafe shall discharge the liability of the Client to the Consultant.
14. Intellectual Property Rights:
- All intellectual property rights (including but not limited to trade mark, copyright, patent, service mark etc.) and other proprietary rights in and in relation to any platform including without limitation any derivatives improvements or modifications whose ownership is directly attributable to Mood Cafe Expert / Mood Cafe (expressly excluding any information which belongs to the consultants, clients, other third party) shall vest wholly, completely and fully with Mood Cafe Expert / Mood Cafe throughout the territory of the world and the consultants/clients shall have no right to claim on such intellectual property in any manner whatsoever. The content of any document cannot be copied, modified, distributed, reproduced, republished, downloaded, displayed, transmitted or sold in any form or by any means of in whole or in parts without the prior written permission of Mood Cafe Expert / Mood Cafe.
- Mood Cafe Expert / Mood Cafe may discontinue, suspend or terminate the client’s/consultant’s right to use the service or platform at any time in case of breach of any of these terms at its sole discretion and without prior notice to them. After such termination, Mood Cafe Expert / Mood Cafe will have no further obligation to provide the service except to the extent of providing an access to the health record.
Any suspension, termination or cancellation will not affect the client’s obligation to Mood Cafe Expert / Mood Cafe under these terms which by their nature survive.
16. Governing Law & Jurisdiction:
- These terms shall be governed by and construed under the laws of India and the courts of __________ shall have exclusive jurisdiction.