Welcome to www.veenanair.in (“Website”). The Website is owned and controlled by Veena Nair m/s Evergro (“Proprietor”), an adult Indian National, having residence at Nagpur, Maharashtra.

The use of the Website shall be governed in accordance with the Terms and Conditions (hereinafter “Terms”) as set out herein along with the Privacy Policy, Disclaimer Policy and Cancellation Policy as modified and amended from time to time.

These Terms and Conditions are applicable to all the Individuals and Companies/Organizations visiting the Website alike (Individuals shall collectively be referred to as “You/Your/Users”).

1. APPLICABILITY OF THESE TERMS AND CONDITIONS:

1.1. THESE TERMS AND CONDITIONS DOCUMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE PROPRIETOR. BY USING THE WEBSITE, ITS SERVICES, AND FEATURES, YOU ARE ACKNOWLEDGING, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS, WHETHER YOU HAVE READ THE SAME OR NOT;

1.2. These Terms and Conditions also include the Privacy Policy, Disclaimer and Cancellation Policy and you are requested to carefully read all these documents;

1.3. These Terms and Conditions are subject to revision by the Proprietor at any time. The revised Terms and Conditions shall be made available on the Website. You are requested to regularly visit the Website to view the most current terms contained in this document. Your continued use of the Website, following such changes, will constitute your acceptance of those changes;

1.4. The Website provides Counseling and Therapeutic Services which are available through the medium of audio/video communication with Veena Nair who is a Licensed Clinical psychologist. By agreeing to the present Terms, you are also giving your unconditional consent to the Website to arrange audio/video call with you using your mobile number/email ID;

1.5. You hereby permit us to record the communication and chats for the quality and training with your prior consent and all information so recorded and disclosed by you shall be treated in accordance with our Privacy Policy.

2. ABOUT US

The Website is a Digital Platform that has existence on the World Wide Web via different electronic mediums. The Website is engaged in providing mental health services that includes counselling, psychotherapy, psychometric testing etc. through video, audio, or chat consultation (“Services”). The website also provides supervision services for counsellors which are in accordance with the Terms of Supervisory session. All the above services may either be free or be chargeable/or become chargeable and the same shall be at the sole discretion of the Proprietor. By subscribing to our Services, either free or paid, you agree to:

● Provide current, complete, and accurate information about yourself as prompted to do so by the Website;

● To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete.

3. ELIGIBILITY TO USE

3.1. You represent that you are of legal age to form a binding contract and are not a person barred from receiving information under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, please read through these Terms with your parent or legal guardian, and in such a case these Terms shall be deemed to be a contract between the Proprietor and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you;

3.2. Proprietor reserves the right to refuse access to use the Website to any new users or to terminate access already granted to you at any time without any reasons for doing so. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.

4. USER OBLIGATION

4.1. Proprietor grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided herein in accordance with this Agreement;

4.2. You agree to use the Services, Website and the Content (as defined herein) provided herein only for purposes that are permitted by: (a) the Agreement(s); and (b) any Applicable Law;

4.3. You are solely responsible for your conduct and any data that you submit, post or display, on or via the Website;

4.4. You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by the Proprietor. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined herein), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website;

4.5. You agree that you are solely responsible to the Proprietor and to any third party for any breach of your obligations under these Terms or other Agreements and for the consequences (including any loss or damage which the Proprietor or its affiliates or its Counsellors may suffer) for any such breach;

4.6. You shall solely be responsible for maintaining the necessary computer/mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees;

4.7. You are advised to check the description of the Services carefully before making a booking/registering. You agree to be bound by all the conditions as contained in registration;

4.8. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any of the Proprietor’s server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

4.9. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;

4.10. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

4.11. Use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Proprietor or other third parties;

4.12. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

4.13. Violate any applicable laws or regulations for the time being in force within or outside India;

4.14. Violate the terms of the Agreement.

5. WEBSITE FEATURES

5.1. General

5.1.1. The Website allows customers to connect with the Counsellor who provides the aforementioned Services listed on the Website.

5.1.2. Customers and the Counsellor can then choose appropriate time and book a session mutually;

5.1.3. The Session can take place either through audio call, video call, or through the chat support provided on the Website.

5.2. Pricing, Package, Validity, and Expiry

5.2.1. You can choose among various packages which are listed/available/made available on the Website from time to time. The package shall be valid for such time period as more particularly described on the Website;

5.2.2. The various packages listed on the Website may include a i) one time session; ii) a package for longer duration that includes multiple sessions. Each Session duration shall be for a period of 60 minutes. Your session, either through audio/video/chat shall become active the moment you start the conversation with our Counsellor. The validity for a particular plan/session shall start the moment it is purchased and shall continue for such period as may be mentioned while availing the package;

5.2.3. If any session is over before the duration prescribed in clause 5.2.2., the Customer will not be entitled to any refund on minutes not utilized. If any session continues beyond the duration prescribed in clause 5.2.2., the Proprietor reserves the right to make such extra minutes/hours chargeable;

5.2.4. While the Proprietor shall ensure that your counsellor is available for the entire duration for the package availed, Proprietor doesn’t guarantee the availability for the entire duration of the package and will redirect you to another counselor in case of any challenges at its sole discretion.

5.3. Cancellation and Rescheduling

5.3.1. You may cancel the package as per the rules set out in the Cancellation Policy;

5.3.2. You retain the right to reschedule any prescheduled session without entitlement to refund, if you communicate your intent of rescheduling the same at least 48 hours prior to the scheduled time.

5.4. Employee Assistance Programs

5.4.1.1. Through this Website we also offer our Services for EAP (“Employee Assistance Programs”). Organizations and Corporates (“Users”) can connect with us regarding their EAP requirement;

5.4.1.2. The therapy plans and payment terms for Organizations shall be subject to the number of employees, the amount of sessions required and other relevant factors;

5.4.1.3. The terms shall be as mutually discussed by Us and the Organization for this purpose;

5.4.1.4. In case a situation arises where the Organization requires a webinar or any other assistance from us, the charges will be decided separately on a mutual basis;

5.4.1.5. The employees of a particular Organization opting for our EAP plan, will only provide us their corporate e-mail IDs;

5.4.1.6. Further, Users understand that the Organization might be held liable for any action by its employee that amounts to a breach of this Agreement.

6. PAYMENT

6.1. Services on the Website may be chargeable. For all such chargeable Services that you may avail from time to time, you shall pay the Proprietor by digital payment channels only viz, netbanking, cheque, wallet payments, credit card, etc. No payment is to be made to the Proprietor in cash for any services whatsoever;

6.2. Proprietor reserves the right to modify/change the fee structure or any other fees, change any terms of this clause as it may think fit at any time without any prior notice to you. However, such modification/change shall be made applicable prospectively;

6.3. Either Parties agree, guarantee and undertake:

6.3.1. to pay requisite amount of GST and any other Tax applicable or made applicable from time to time on service fee charged from the Customer routed through the Website within the prescribed time period;

6.3.2. to file requisite returns within prescribed time period;

7. THIRD PARTY INFORMATION AND USER CONTENT

All the information provided on the Website including third party information, blogs, advertisements including videos, images and photographs of the services, links to third party websites (“Content”) and all the other data on the Website is either the property of the Proprietor or of such third parties. Such information at all times is protected under Intellectual Property Rights mentioned and at no time shall you copy, produce, reproduce, distribute, sell, license, modify or otherwise make the Content available on the Website available to others for any reason whatsoever. Where you to infringe any rights mentioned under this clause as regards third parties, you shall solely be responsible to compensate such third parties. Where you to infringe any rights of the Proprietor, they may take all such actions as it deems necessary including any legal recourse if need be.

8. TERMS FOR USER – COUNSELLOR INTERACTIONS

8.1. Both the User and Counsellor understands and agree that this is a purely professional relationship. The decorum of client/counsellor relationship shall be maintained at all the times;

8.2. The parties also covenant that they shall not have any inter-personal relationship outside the ambit of these Services and the Platform;

8.3. If it is found that either party has violated the Terms applicable to them, the violating party shall be solely responsible for their legal consequences;

8.4. The Proprietor reserves the right to remove or ban any user on receiving a report of any inappropriate behavior by the user;

8.5. It is the duty of the Counsellor to maintain the confidentiality of the sessions. In case of breach of confidentiality by the Counsellor, the Counsellor shall be solely responsible and liable;

8.6. It is understood by both the parties that the revelation of certain confidential information of the sessions to a Government authority, when required by applicable law, shall not amount to a breach of confidentiality and the counsellor shall not be liable for the same.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, artwork and computer code, Content on the Website is owned and controlled by the Proprietor and all such design, structure, selection, coordination, expression, look and feel and arrangement is protected by copyright, patent and trademark laws, and various other intellectual property rights (“Intellectual Property”). Through your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Intellectual Property. Proprietor reserves the right to change or modify the same from time to time at its sole discretion;

9.2. You acknowledge that nothing contained in this Agreement transfers to you any right, title or proprietary interest, or any proprietary information in the Intellectual Property of the Proprietor (including without limitation any trademarks, service marks, trade names, or logos (“Marks”), trade secrets, know-how, inventions, patents (including any applications, extensions, continuations, renewals and re-issues thereof), copyrights, designs and industrial designs);

9.3. You agree that you shall not acquire any right whatsoever through use in commerce in the Intellectual Property Rights of the Proprietor on account of permitted use in terms of the above and all such rights pertaining to use and title of all Intellectual Property Rights shall exclusively vest with the Proprietor.

10. LIMITATION OF LIABILITY

10.1. Proprietor shall under no circumstances be liable or responsible for any loss, injury or damage to you, or any other party whosoever, arising out of or on account of any transaction taking place through the Website and under this Agreement. You agree and acknowledge that the Proprietor shall not be liable for any claims, damages, allegation arising out of the Services offered by you through the Website or any claims, damages arising out of any negligence, misconduct or misrepresentation attributable to you and you shall hold the Proprietor harmless and indemnified against all such claims and damages;

10.2. You further agree, confirm and acknowledge that the Proprietor is not in the business of providing psychiatric treatment or resolve any mental health issue/suicidal thoughts through physical mode. Hence the Company shall not be held responsible/liable for your Services whatsoever including any ancillary services that has been provided by the counsellor under this Agreement;

10.3. You further agree that that although the Counsellor registered with the Website may be qualified under the law applicable in India, advice provided by Counsellors through the Website shall not be construed as a replacement for examination by a doctor or other mental health professional, nor shall the Website be construed as a suicide helpline platform.

11. INDEMNIFICATION

11.1. You agree to indemnify, defend and hold harmless the Proprietor, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Website;

11.2. Notwithstanding anything to contrary in the Agreement(s), in no event shall the Proprietor, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Proprietor has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website or Content.

12. WARRANTY

The Website is provided on an "as is" basis, and 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. Any advice or information, whether oral or written, obtained by you from the Company or through the Website will not create any warranty not expressly stated herein. Without limiting the foregoing, the Company, 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.

13. GOVERNING LAW AND JURISDICTION

This agreement shall be governed and construed in accordance with the laws of India and any dispute arising out of or in connection with this Agreement shall be subject to the jurisdiction of the Courts at Nagpur, Maharashtra and such court shall have exclusive jurisdiction to entertain any litigation arising under the Agreement.

14. NOTICES

All the notices under this Agreement shall be sent to:

If to the Proprietor:

Veena Nair

Plot no.60, Kalpatru Colony,

Cantonment, Kamptee,

Nagpur, Maharashtra – 441002.

If to the User:

Address provided at the time of registration.

15. REPORT ABUSE AND TAKE DOWN POLICY

In the event you come across any abuse or violation of these Terms and Conditions or if you become aware of any objectionable content on the Website, or if you believe your intellectual property rights have been violated in any manner through the Website, please inform the Proprietor on the contact details available on the Website.

TERMS AND CONDITIONS