OWNERSHIP OF THE WEBSITE
The Website contains content owned or licensed by Creative Care Psychotherapy (“Creative Care Content”). Creative Care Psychotherapy owns and retains all rights in the Creative Care Psychotherapy Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Creative Care Psychotherapy 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 Creative Care Psychotherapy Content.
The Creative Care Psychotherapy name and logo are trademarks of Creative Care Psychotherapy, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Creative Care Psychotherapy, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Creative Care Psychotherapy OPC Private Limited, and may not be copied, imitated or used, in whole or in part, without prior written permission from Creative Care Psychotherapy OPC Private Limited.
USE OF THE WEBSITE AND CONDUCT
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.
USER CONTENT GUIDELINES
You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. Creative Care 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”). Creative Care Psychotherapy OPC Private Limited claims no ownership rights over User Content created by you. Creative Care Psychotherapy OPC Private Limited has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
Creative Care Psychotherapy OPC Private Limited 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. Creative Care reserves the right, but is not obligated, to reject and/or remove any User Content that Creative Care Psychotherapy OPC Private Limited believes, in its sole discretion, violates these provisions.
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.
Creative Care Psychotherapy OPC Private Limited 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.
Creative Care Psychotherapy OPC Private Limited 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 Creative Care Psychotherapy OPC Private Limited 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.
DISCLAIMERS
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 MAKING DECISIONS BASED SOLELY ON ADVICE PROVIDED BY ANY Expert.
You understand and agree that although an Expert may be a counsellor, therapist or other mental health professional. Creative Care Psychotherapy OPC Private Limited 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 Creative Care Psychotherapy OPC Private Limited is strictly limited to providing access to such Experts to you.
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.
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).
YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE AND AVAILING OF SERVICES ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. Creative Care IS NOT, AND WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
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.
You understand that Creative Care Psychotherapy OPC Private Limited cannot guarantee that unauthorised 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.
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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Creative Care OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Creative Care, 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.
Creative Care Psychotherapy OPC Private Limited 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 Creative Care 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
Creative Care Psychotherapy OPC Private Limited does not make any representation or warranty as to the quality or value of the services offered on the Website, or the availability of Expert(s). Creative Care does not implicitly or explicitly support or endorse any services on the Website. Creative Care Psychotherapy OPC Private Limited shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
While Creative Care Psychotherapy OPC Private Limited carries out background checks and verifications on all Experts, you understand and acknowledge that Creative Care does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Expert, or any service, advice, opinion, recommendation provided by an 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 Creative Care Psychotherapy OPC Private Limited is not responsible for, and does not endorse, User Content posted within the Website. Creative Care 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.
Creative Care Psychotherapy OPC Private Limited 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 Creative Care, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Creative Care 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.
TERMINATION
Creative Care Psychotherapy OPC Private Limited may terminate these Terms for any reason at any time. Creative Care Psychotherapy OPC Private Limited 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.
INDEMNIFICATION
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 Creative Care, 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.
LIMITATION OF LIABILITY
IN NO EVENT WILL CREATIVE CARE PSYCHOTHERAPY OPC PRIVATE LIMITED 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 Creative Care 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 CREATIVE CARE AND/OR ITS AFFILIATES RESPONSIBLE FOR SUCH CONDUCT.
GOVERNING LAW
This Agreement shall be governed by the laws of India, and the courts of Telangana shall have exclusive jurisdiction with respect to any dispute arising hereunder.
GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the ‘Grievance Officer’ are provided below:
Name: Shreya Banerjee
Phone No: 9963515777
E-mail Address: support@creativecare.co.in
Postal Address: Shreemukh Kontham Towers, Hyderabad, Telangana.
NOTICES
Any notice required or permitted to be given to Creative Care Psychotherapy OPC Private Limited 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 Creative Care Psychotherapy OPC Private Limited. All notices required to be given under these Terms shall be addressed to:
Name: Creative Care OPC Private Limited
Postal Address: Shreemukh Kontham Towers, Hyderabad, Telangana
E-mail Address: support@creativecare.co.in
TERMS & CONDITIONS OF PAYMENTS / SESSION PACKAGES
- All individual sessions are scheduled for 60 minutes.
- The fee for any service at Creative Care Psychotherapy OPC Private Limited, once paid, is non-refundable.
- Signing up for a package for 5 – 10 sessions is completely through your consent. The package would only be valid if the money is paid in advance and all at once. The Package fee is discounted and is therefore non-refundable.
- At Creative Care, sessions/packages/any other service is non-transferable.
- All disputes are subject to the jurisdiction of Telangana.
- All packages must be availed within 2.5 months from the date of booking.
- If a client is late for an appointment, the session duration will be adjusted to reflect the time remaining as of the scheduled appointment time. Payment for the entire session would be required in such a case.
- If a client wishes to extend their session beyond 5-10 minutes, additional session charges will apply, as discussed at the beginning of the session.
- In the event of cancellation, please notify us at least 24 hours prior to the scheduled appointment.
- Confidentiality forms the basis of a therapeutic relationship, and we at Creative Care take complete responsibility for it. As per our terms and conditions, your details and information shared before/ in the sessions will be kept absolutely confidential. However, in the following circumstances, some information may be shared:
- If your psychologist feels you are in danger of hurting yourself or someone else, they may contact a family member or the local emergency service.
- Your psychologist may discuss your case with another mental health professional, albeit withholding your identity and personal details.
- Creative Care does not provide emergency or crisis intervention services, and our services are limited to the sessions booked by prior appointment.
- Attempted Suicide or self-harm are impulsive and unpredictable acts, and under such circumstances, any counsellor, psychologist, or therapist at Creative Care cannot be held liable.