The Website is owned and operated by Thoughts n Beyond (registered as: Thoughts n Beyond) (“Company”), incorporated under the provisions of the Companies and having its registered office at Office No. 111, First Floor, Coworking Territory Ventures Pvt.Ltd. SCO No. 66-67, Sector 17-B, Chandigarh
These terms of usage (“Terms”) govern your use of the Website and Services provided therein (“Services”). By using or visiting the Website, or by using any content or information provided as part of the Website/ Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms. These Terms are a legal contract between you and Thoughts n Beyond (registered as: Thoughts n Beyond), it is important that you review the Terms carefully before accessing or using the Website. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Thoughts n Beyond, including without limitation the privacy policy (“Privacy Policy”).
APPLICABILITY
For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural person who uses the Website for availing the Services. The term “We”, “Us”, “Our”, “Thoughts n Beyond” shall mean the Company (registered as: Thoughts n Beyond), its employees, and authorised agents that perform any services on the Company’s behalf.
If you are not an individual and are an incorporated/registered entity/institute/organisation seeking to avail the services of Thoughts n Beyond for your members/employees/students or any individuals registered with you for any services, you shall enter into an agreement/memorandum of understanding with Thoughts n Beyond for this purpose. Each individual availing the services of Thoughts n Beyond under such agreement/memorandum of understanding shall be bound by these Terms and Privacy Policy available here.
These terms of service together with privacy policy, disclaimer and any other policy mentioned anywhere on the website together constitute your agreement with the website. If you are accessing Thoughts n Beyond via the mobile application, you will still be bound by the same agreement. In addition, there might be other terms imposed by the mobile application stores which will be applicable to the use of the mobile application. In such case, the term “website” will be deemed to refer to Thoughts n Beyond mobile application.
Thoughts n Beyond’s role is that of an “intermediary” as defined under the Information Technology Act of 2000 and the rules thereunder. As an intermediary, Thoughts n Beyond has no responsibility and/or liability in respect of the user content, counsellor content, counsellor advice, interaction between any of the parties on the platform.
CHANGES TO THE TERMS AND CONDITIONS
We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.
WEBSITE FEATURES
The Website allows Users to connect and interact with counsellors or other individuals (“Therapist(s)”) who provide counselling and therapy services.
Thoughts n Beyond uses the information provided by the user and the counsellor to match the user to the relevant counsellor.
Users can view the therapist platform calendar and book appointments
Users and Counsellors can interaction via video calls, audio calls or chat messages on the website. Thoughts n Beyond does not share any contact details of one party with the other.
Users and journal their thoughts and log in their mood on the website, this information can be accessed by the counsellor only with user’s consent
Counsellors can make client notes on the platform and this information is saved by the website.
Both users and counsellors can participate in the discussion forum on the website.
Both users and counsellors and interact with Thoughts n Beyond customer support using the platform
Users can take free assessments and read and share information from the Thoughts n Beyond blog by crediting Thoughts n Beyond for the same.
USER ELIGILIBILITY
Use of the Website is available only to persons over the age of eighteen (18). If you are a minor i.e. under the age of eighteen (18) years, you shall not register as a member of the Website and shall not sell or purchase any services on the Website, unless you are accessing this Website with parental guidance or guidance of a legal guardian. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years and are accessing this Website without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.
USER RESPONSIBILITY
In order to use the Website, you may be required to provide information about yourself including your name, email address and other personal information (“Personal Information”). You agree that any information you provide to Thoughts n Beyond 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. The treatment of your Personal Information and other related information, shall be in accordance with the Thoughts n Beyond Privacy Policy.
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.
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, libellous, 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;
(iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;
(iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(v) uploading invalid data, viruses, worms, or other software agents through the Website;
(vi) collecting or harvesting any personally identifiable information, including account names, from the Website;
(vii) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content;
(viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(ix) interfering with the proper working of the Website;
(x) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or
(xi) 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.
You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. Thoughts n Beyond shall have no liability for conduct in relation to your use of our Website. You are solely responsible for any legal consequences arising out of your inappropriate use of the website.
You authorize Thoughts n Beyond to contact you via email id, smsor mobile (information provided by you in your interaction with the website) to share with you promotional, informational or any other content that it deems fit.
USER CONTENT ON THE WEBSITE
The Website provides Users the facility to create, share and post content (together, “User Content”). Thoughts n Beyond claims no ownership rights over User Content created by you. Thoughts n Beyond has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
Thoughts n Beyond 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), libellous, 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. Thoughts n Beyond reserves the right, but is not obligated, to reject and/or remove any User Content that Thoughts n Beyond 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:
a. 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.
b. 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.
c. Thoughts n Beyond 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.
d. Thoughts n Beyond 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 Thoughts n Beyond 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.
If you share your User Content with Thoughts n Beyond and/or link your User Content to Thoughts n Beyond on a third party service and/or post content on any social media page owned and operated by Thoughts n Beyond, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Thoughts n Beyond a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and Thoughts n Beyond’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.
PROPRIETORY RIGHTS
The Website contains content owned or licensed by Thoughts n Beyond. Thoughts n Beyond owns and retains all rights in the Thoughts n Beyond Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Thoughts n Beyond Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Thoughts n Beyond Content.
The Thoughts n Beyond name and logo are trademarks of Thoughts n Beyond, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Thoughts n Beyond, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Thoughts n Beyond, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Thoughts n Beyond.
PLAN VALIDAITY AND EXPIRY
While you can choose to start the plan anytime after purchase without any time limit, once you activate the plan (consume the first session), you need to consume the plan within 6 months.
While Thoughts n Beyond will try to ensure that your assigned counsellor is available for the entire duration of your plan, it is possible that the same counsellor becomes unavailable during the course of the plan. Thoughts n Beyond is not liable to provide you a specific counsellor at any point and will assign you a counsellor at its discretion.
While your counsellor chat access becomes active as soon as you purchase a plan, your chat access period is calculated from the date of the first session. Hence, from the date of your first session, you will have chat access for the number of chat access days mentioned in your plan.
CANCELLATIONS AND RESCHEDULING SESSIONS
You can cancel or reschedule a session booked on Thoughts n Beyond up to 24 hours before the scheduled time by requesting the same via the Thoughts n Beyond website. Post that rescheduling will not be permitted and the session will be deemed to be consumed by you even if you do not attend.
CHANGING AND CHOOSING COUNSELLORS
You can change the counsellor assigned to you on Thoughts n Beyond by requesting the same via the Thoughts n Beyond website given the following conditions:
• There is no scheduled session with the existing counsellor in the next 24 hours
• Any scheduled sessions with the counsellor, who is unassigned to you will automatically stand cancelled and will be credited back to your account as “to be scheduled” sessions. You will have to then schedule them again with the new counsellor assigned.
• Thoughts n Beyond does not guarantee the assignment of counsellor of your choice at any point. You are assignment a counsellor based on your needs and counsellor availability
• Thoughts n Beyond reserves the right to change your counsellor at any point at its discretion, whether requested by you or not.
USER- COUNSELLOR INTERACTIONS
Both the user and counsellor agree to maintain the decorum of a client/counsellor relationship and agree to not engage in any other form of interaction on the platform.
In case of inappropriate behaviour by either party, Thoughts n Beyond will not be liable in any form. Involved parties alone and not Thoughts n Beyond will be responsible for any legal consequences arising out of such interactions.
Both parties have the option to report inappropriate behaviour on the website to Thoughts n Beyond. In case a particular session is reported, Thoughts n Beyond reserves the right to remove the user or counsellor or both from the platform without discretion. Thoughts n Beyond’s decision in this regard will be final.
Counsellor and NOT Thoughts n Beyond, is liable to maintain the confidentiality of any personal information shared by the user with the counsellor in video sessions. In case a counsellor breach the confidentiality agreement, counsellor alone and NOT Thoughts n Beyond will bear the legal or any other consequences.
