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TERMS AND CONDITIONS

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of www.positiveu.co.in (the “Website”). 

The Website is owned and operated by (Site Owner) - Mondira Banerjee (CLINICAL PSYCHOLOGIST) - M.SC.(PSY) C.U; P.G.D.G.C.A.U;
DSE (ASD) RCI; TRAINED IN AUTISM / ASPERGER'S SYNDROME.

 

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. If you do not agree to these Terms, do not use this Website/ Services. Because these Terms are a legal contract between you and PositiveU , 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 PositiveU, including without limitation the privacy policy (“Privacy Policy”).

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”, “PositiveU” shall mean performed any services by the site owner.

 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.

 The Website allows Users to connect with therapist and counseloror  (“Expert(s)”) who provide counseling and therapy services.
We provide the following online/offline counselling and therapy services : https://positiveu.co.in/therapypackages

Know more about PositiveU here on this link https://positiveu.co.in/about

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 items 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.

 

 1. PAYMENT 

1.1 We may charge for the chat, audio, and/or video-based counselling/ therapy sessions. Before availing any such Service, we will appraise 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).

Please note the specific refund policy in the event of the following circumstances:

Refund Policy

PositiveU Counselling Session appointments are booked under

  1. Expressing Packages
  2. Ventilating Packages
  3. Knowing Self  Packages
  4. Soothing Up packages

 

Situations in which FULL REFUND may be considered :

  1. If PositiveU  is not able to assign you the therapist within 5 working days of your new package payment. Please Note, No therapy will be given if you request us for the refund in this case.

 

Situations in which NO REFUND will be given on all above mentioned  Packages payments :

  1. If You have paid for the session and we have assigned the therapist to you within  5 days ( for all  packages) and you don’t wish to take the therapy in that case, no refund will be given to you.

Please Note : If you Wish to cancel it for any reason before taking the session , No refund will be initiated for the same. Please be sure that you really need to take the therapy before making any payments.

 

  1. If you are unhappy with the services, no partial or any refund will be given in this scenario
  2. Suppose , you have completed your package minutes and not happy with the services, No refund will be given in this scenario. 
  3. You need to take your sessions under the validity period of the sessions, failing to do so will cancel all your subscriptions and no refund will be given in that scenario. You need to re-opt for the packages and restart your journey.

 Note : Scheduling sessions is your responsibility and not the therapist responsibility. Post completion of payment you must email us at  mondira.banerjee9@gmail.com  or contact  :  +91 9836 388 021 . After validity expiration, no requests will be heard.

  1. Therapist holds the choice to change your appointment time and slot if they feel like. No complaints will be taken into consideration for that.

If you are not present at the assigned time, You must tell the therapist at least 24 hours before the booked slot, failing to do so will cancel your booking.

Suppose you wish to cancel your package subscription in between because of any reason, no partial or any refund will be given to you.

Usually Session happens once in a week and Therapist has the freedom to choose the time slot for you. You can request the therapist to have the session as soon as possible but therapist will have the final say in choosing the day and time for you.

It is Your responsibility to complete your sessions within the Validity time period, you must contact your therapist to fix your next session. 

You can find the same at https://positiveu.co.in/refund-policy

1.2.2 Appointments (Audio/Video/Face to Face):

1.2.2.1 For any services purchased, the PositiveU team shall make 2 attempts to reach the customer for confirmation of the services. In case, the customer fails to respond within 7 days of the last communication, the service will be treated as consumed and no refunds shall be provided by PositiveU.

1.2.2.2 In case, of technical difficulties during or at the time of the session, PositiveU will check with their service providers. If the case is adjudged to be genuine, the appointment shall be rescheduled.

1.2.2.3 For Chat and Audio/Video Sessions, in case, the customer fails to turn up at the time of the appointment, appointment will be treated as consumed and no refunds shall be provided by PositiveU.
For Face to Face appointments, any no shows are treated as availed services and no refund or rescheduling shall be provided by PositiveU in such a scenario.

1.2.2.4 For any reschedules, the customer needs to inform PositiveU at least 24 hours in advance.

1.2.3 Validity of Packages: The Validity of all PositiveU Packages: –

Packages NO. OF SESSIONS Validity
Expressing package  1  5 DAYS
Ventilating Packages 3 15 DAYS
Knowing Self  Packages 5 25 DAYS
Soothing Up packages 10 50 DAYS

 

 You must take your Sessions within the time period stated above by PositiveU .

 

LEGAL ACTIONS

If you are found you are found degrading, tarnishing, maligning the Image/reputation of positiveu.co.in by spreading hatred, false/fake reviews, wrong actions against the platform or against any other associates, strong legal actions will be taken immediately.

1.3 User(s) can make payments through any of the following available options: 

1.3.1 Internet Banking

1.3.2 Debit/ Credit Cards

1.3.3 UPI / Wallet

1.4 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). 

1.5 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. 

1.6 You understand, accept and agree that the payment facility provided us, is neither a banking nor financial service. 

1.7 PositiveU 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. 

 

  1. OWNERSHIP OF THE WEBSITE

    2.1 The Website contains content owned or licensed by PositiveU and PositiveU You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PositiveU 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 PositiveU Content.

  2. USE OF THE WEBSITE AND CONDUCT

    3.1 Use of the Website

    3.1.1 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.

    3.1.2 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.

 

3.2 User Content Guidelines:

 

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

 

3.2.2 The Website provides Users the facility to create, share and post content (together, “User Content”). PositiveU claims no ownership rights over User Content created by you. PositiveU has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.

 

3.2.3 PositiveU 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.

 

 

  1. RIGHTS TO USER CONTENT

4.1 If you share your User Content with PositiveU and/or link your User Content to PositiveU on a third party service and/or post content on any social media page owned and operated by PositiveU you expressly grant, and you represent and warrant that you have all rights necessary to grant, to PositiveU 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 PositiveU'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.

 

 

  1. DISCLAIMERS

 

5.1 THE ADVICE OR INFORMATION PROVIDED BY EXPERTS 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 Expert.

 5.2 You understand and agree that although a Expert may be a counsellor, therapist or other mental health professional. PositiveU disclaims any and all liability for any consultation and therapy services rendered by an Expert to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Website and to continue to interact with such individual(s), and that the role of PositiveU is strictly limited to providing access to such Experts to you. 

5.3 USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, PLEASE GO TO THE NEAREST HOSPITAL OR HEALTH CARE PROVIDER. 

5.4 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. IF YOU ARE THINKING ABOUT SUICIDE, IMMEDIATELY CALL A SUICIDE PREVENTION HELPLINE SUCH AS AASRA (91-22-27546669).

 

 

  1. PRIVACY AND SECURITY 

6.1 You understand that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy. 

6.2 You understand that PositiveU 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.

 

 

7. EXCEPTIONS AND LIMITATIONS 

7.1 PositiveU 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). PositiveU does not implicitly or explicitly support or endorse any services on the Website. PositiveU shall not be liable for any errors or omissions, whether on behalf of itself or third parties. 

 

7.2 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. 

7.3 You agree that PositiveU is not responsible for, and does not endorse, User Content posted within the Website. PositiveU 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.

7.4 PositiveU 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 PositiveU , including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. PositiveU will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content. 

7.5 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.

 

 

8. TERMINATION

 

8.1 PositiveU may terminate these Terms for any reason at any time. PositiveU 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.

 

 9. LIMITATION OF LIABILITY

 

9,1 IN NO EVENT WILL POSITIVEU 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 POSITIVEU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 9.2 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 POSITIVEU AND/OR ITS AFFILIATES RESPONSIBLE FOR SUCH CONDUCT.

 

10. GOVERNING LAW

 This Agreement shall be governed by the laws of India, and the courts of Chandannagar shall have exclusive jurisdiction with respect to any dispute arising hereunder. 

NOTE: We encourage you to periodically review this page for the latest information on our Privacy Policy and practices. PositiveU reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately.

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