PLAN CHANGES, CANCELLATIONS AND REFUNDS
You can request a cancellation and refund of the bought plan via the Thoughts n Beyond helpdesk. However, Thoughts n Beyond will review your request and may decide to refund the charges paid if it deems fit. The decision of Thoughts n Beyond on any such matter shall be final and binding. In case Thoughts n Beyond decides to refund your charges, it will do so at its convenience.
In case you request a refund after consuming one or some sessions from the plan and Thoughts n Beyond decides to initiate a refund, you will be paid back the charges of the unconsumed sessions only. Used sessions will not be refunded. In case of multiple sessions purchased, the refund will be provided for the unused sessions and all consumed sessions will be charged as per the standard price of the single session plan. In case Thoughts n Beyond decides to refund your charges, it will do so at its convenience.
In case, you wish to change the plan that you have bought –
a) an upgrade to the longer plan – Thoughts n Beyond will review your request and may decide to allow the plan upgrade by allowing you to pay the difference amount
b) a step back to a smaller plan – Thoughts n Beyond will review your request and may decide to allow the plan step back by refunding the difference amount. In such cases, if Thoughts n Beyond decides to allow this, the actual amount paid per session will be refunded and not the standard cost of 1 session.
While the price of every plan is listed on the website, Thoughts n Beyond reserves the right to determine the selling price of the plan in every transaction. It can choose to apply discounts or premiums for specific users or groups of users.
Thoughts n Beyond reserves its right to change the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.
We may charge for the chat, audio, and/or video-based counselling/ therapy sessions. Before availing any such Service, we will apprise the User of the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
User(s) can make payments through any of the following available options:
• Internet Banking
• Debit/ Credit Cards.
The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards (“Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).
While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.
You understand, accept, and agree that the payment facility provided us, is neither a banking nor financial service.
Thoughts n Beyond is not in the business of providing psychiatric care or treatment for severe mental illnesses including but not limited suicidal thoughts.
The advice or information provided by counsellors via the website is provided for informational purposes only and cannot be considered a substitute for examination by a doctor or other mental health professional. You are advised strongly against relying solely on, or make decisions based solely on advice provided by any counsellor.
You understand and agree that although a Counsellor may be a qualified clinical or counselling psychologist or other mental health professional. Thoughts n Beyond disclaims any and all liability for any consultation and therapy services rendered by a Counsellor to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access a Expert through the Website and to continue to interact with such individual(s), and that the role of Thoughts n Beyond is strictly limited to providing access to such Counsellors to you.
The website 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. You may find contacts of such emergency services here
PRIVACY AND SECURITY
You understand that Thoughts n Beyond cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The website is provided on an “as is” basisand use of the website is at the user’s risk. To the maximum extent permitted by applicable law, the website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Thoughts n Beyond or through the website will not create any warranty not expressly stated herein. Without limiting the foregoing, Thoughts n Beyond, its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the website is accurate, reliable or correct; that the website will meet your requirements; that the website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website.
Thoughts n Beyond does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or service, and Thoughts n Beyond will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
EXCEPTIONS AND LIMITATIONS
Thoughts n Beyond does not make any representation or warranty as to the quality or value of the services offered on the Website, or availability of Counsellor(s). Thoughts n Beyond does not implicitly or explicitly support or endorse any services on the Website. Thoughts n Beyond shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
While Thoughts n Beyond carries out background checks and verifications on all Counsellors, you understand and acknowledge that Thoughts n Beyond does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Counsellor, or any service, advice, opinion, recommendation provided by a Counsellor. 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 Counsellor; (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 Thoughts n Beyond is not responsible for, and does not endorse, User Content posted within the Website. Thoughts n Beyond does not have any obligation to pre-screen, 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.
While Thoughts n Beyond is under no obligation to pre-screen any user or counsellor content, it 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 Thoughts n Beyond, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Thoughts n Beyond 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.
Thoughts n Beyond may terminate these Terms for any reason at any time. Thoughts n Beyond reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
LINKS TO THIRD PARTY WEBSITES
The Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defence without our prior written consent.
In the event of a dispute regarding any transaction conducted via the website, you hereby relieve Thoughts n Beyond, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which member may have against one or more of the above.
In no event will Thoughts n Beyond or its affiliates or any party involved in creating, producing, or delivering the website be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the website or any linked sites, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Thoughts n Beyond has been advised of the possibility of such damage.
By use of the website and the services, the user acknowledges that he/she is solely responsible for any and all actions, liabilities, consequences, decisions, behaviours (“conduct”) arising out of or in connection with the use of the website and/or services, and shall in no way hold Thoughts n Beyond and/or its affiliates responsible for such conduct.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of India, and the courts of Jaipur, Rajasthan shall have exclusive jurisdiction with respect to any dispute arising hereunder.
In case of any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such office of Thoughts n Beyond as Thoughts n Beyond may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator appointed by Thoughts n Beyond. The place of the arbitration shall be Jaipur, Rajasthan. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the ‘Grievance Officer’ are provided below:
Postal Address: Office No. 111, First Floor, Coworking Territory Ventures Pvt.Ltd. SCO No. 66-67, Sector 17-B, Chandigarh
Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
Force Majeure: We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
Notices: Any notice required or permitted to be given to Thoughts n Beyond hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Thoughts n Beyond. All notice required to be given under these Terms shall be addressed to:
Name: Thoughts n Beyond (registered as: Thoughts n Beyond)
Postal Address: Office No. 111, First Floor, Coworking Territory Ventures Pvt.Ltd. SCO No. 66-67, Sector 17-B, Chandigarh
E-mail Address: firstname.lastname@example.org
Thoughts n Beyond may give notice by means of a general notice on the Application, or by electronic mail to Your email address or a message on Your registered mobile number.
Advertisement: Thoughts n Beyond has the right to place advertisements and publicity materials of its choiceincluding those of parties other than itself on the website.
Assignment: You may not assign or sub license your duties, obligations and rights under this agreement to any other party with prior written consent of Thoughts n Beyond
By signing up, you consent to avail consultation via telemedicine. You agree that you know the potential risks, consequences and benefits of telepsychiatry consultation. You will ask doctor or pharmacist, if you do not understand any of the information provided in the prescription. You will stop prescribed medicines in case of any adverse reaction/side effects. Youu will contact the psychiatrist immediately or go to the nearest registered medical practitioner for in-person consult.
Accepting this will facilitate
a) To understand what information and history is required for effective consultation. Adequate and reliable information that is required for arriving at a provisional /definitive diagnosis.
b) Arriving at diagnosis and planning treatment management than documentation.
c) Psychiatrist to effectively spend time with the patient during consultation rather during the consultation.
d) Please do remember that online consultation time is fixed per session. The average online consultation time is approximately 10 to 15 minutes, which is similar to in-person consultation time.
e) Accepting this consent is optional for patient/family members.
f) This proforma will be retained in the patient’s file in the hospital along with a copy of all the investigations and a copy of the prescription.
Information to the patient and patient’s family members
g) Presence of patient is advisable during the telemedicine consultation. This is as per the Telemedicine Practice Guidelines 2020 and Mental Healthcare Act, 2017
h) If the patient is not willing to come for telepsychiatry consultation, please follow Mental Healthcare Act, 2017 and request for in-person consult or home visit by the mental health care professionals for Mental Capacity Assessment (please, check if home psychiatric service is available)
I) If symptoms are severe and/or severe side effects of medicines and/or emergency care is required, please do not wait for telemedicine consultation appointment. Please do in-person consultation at the nearest psychiatrist or registered medical practitioner at the earliest.
j) Neither of the party (patient/patient’s party or psychiatrist) will not do audio or video recording, without prior explicit consent. Covert recordings (audio or video) are illegal since everyone being recorded must consent to be recorded. Explicit consent is must from all the parties.