These Terms and Conditions form the complete agreement between the users and Panah and is in compliance of and is governed by the provisions of Indian law. This document is published in accordance with the provisions of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Website. Panah has no responsibility and/or liability in respect of the User content, Mental Health Professional content or Mental Health Professional advice. 1. PAYMENT AND SERVICE TERMS 1.1.Any payments shall be made as per the terms agreed between the Mental Health Professional and You. Panah shall have no obligations towards any such payments made or sessions held. Panah does not process any payments on behalf of any of the Mental Health Professionals. 1.2.Every Mental Health Professional has their own payment, rescheduling and cancellation policy and counselling protocol. You are required to enter into a separate agreement with the Mental Health Professional prior to engaging in the services provided by the Mental Health Professional (“Mental Health Professional Agreement”). 1.3.You understand that the Mental Health Professionals are independent and not employed by Panah. Further, Panah is only acting as a point of contact between the Mental Health Professionals and You. This does not make Panah party to the Mental Health Professional Agreement between you and the Mental Health Professionals. 1.4.Panah is not party to and shall not be liable for any actions of the Mental Health Professionals, any breach of Mental Health Professional Agreement or any actions of the Mental Health Professionals. 1.5.You understand and agree that although the Mental Health Professional may be a therapist or other mental health professional, Panah disclaims any and all liability for any consultation and therapy services rendered by a Mental Health Professional to you. You further acknowledge and agree that you take full responsibility for the decision to connect to a Mental Health Professional listed on the Website and to continue to interact with such Mental Health Professional, and that the role of Panah is strictly limited to providing contact details of such Mental Health Professional. 2. COUNSELLING SERVICES 2.1.Panah only facilitates the listing of Mental Health Professionals on the Website as per the details declared by the Mental Health Professional. It only accumulates and publishes the self-declared information on the Mental Health Professionals. Panah does not warrant the integrity or genuineness of the details provided by the Mental Health Professional or of the Mental Health Professional themselves. 2.2.The Mental Health Professional recommended by Panah is based on the best fit and current availability criteria. You may personally opt for another available Mental Health Professional if you so choose. 2.3.Counselling will take place at a frequency agreed between you and your Mental Health Professional. 2.4.Over the course of your agreement, the Mental Health Professional might determine that counselling Services are not appropriate for some or all of your treatment needs and accordingly may elect to not provide counselling Services to you. Similarly, the Mental Health Professional shall be at the liberty to decide that additional help is needed for the user and shall choose to bring in an additional Mental Health Professional. 2.5.Panah makes reasonable efforts to verify the credentials of every Mental Health Professional registered with it. However, We are not responsible for any misrepresentation/fraudulent credentials or claims by the Mental Health Professionals. Panah provides a profile page to all Mental Health Professionals where information regarding education, training, experience, specialities can be provided to the user. It is the responsibility of the Mental Health Professional to ensure the accuracy and reliability of such information provided. 2.6.All Mental Health Professionals have a contractual relationship with Panah and are allowed to use our platform and technology to provide Services to you. We do not assume any responsibility for their actions, advice or any other information provided through our platform or otherwise. Panah shall not be held liable for any damage/ loss/ liability caused to the user by a Mental Health Professional, either directly or indirectly. You are responsible for all their decisions and actions and agree that they are made independent of any representations by Panah or the Mental Health Professionals. Panah or the Mental Health Professional cannot be held responsible for such decisions and actions or any outcomes as a result. 3. CONSENT 3.1.You acknowledge that you are providing your Personal Information out of your free will. You have the option to not provide us the personal information sought. You will also have an option to withdraw your consent at any point, provided such withdrawal of consent is intimated to the concerned Mental Health Professional in writing. 3.2.If you do not provide us with your Personal Information or if you withdraw the consent at any point in time, we shall have the option to not fulfill the purposes for which the said Personal Information was. 3.3.Any withdrawal of consent will be prospective in nature and cannot be applied retroactively. Further, any information permitted to be maintained under law, may be maintained irrespective of consent withdrawal. A withdrawal of consent shall not oblige Panah or the Mental Health Professional to delete records or undertake scrubbing of digitally stored information or impose any similar obligation on them. 4. PROHIBITED USES In addition to other prohibitions as set forth in these Terms, you are prohibited from using the platform or its content: i.for any unlawful purpose; ii.to solicit others to perform or participate in any unlawful acts; iii.to violate any international, national or state regulations, rules, laws, or ordinances; iv.to infringe upon or violate our intellectual property rights or the intellectual property rights of others; v.to impersonate another person; vi.to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; vii.to submit false or misleading information; viii.to upload or transmit viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Website or of any computer resource or the Internet; ix.to collect or track the personal information of others; x.to spam, phish, pharm, pretext, spider, crawl, or scrape; xi.to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet; xii.which deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature. We reserve the right to terminate your use of the Website or Service any related service for violating any of the prohibited uses or otherwise at our sole discretion. 5. ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, articles on mental health, etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service is inaccurate at any time without prior notice. Any typographical errors, inaccuracies or omissions shall not be taken as a warranty or prom 6. PRIVACY POLICY 6.1.To enable you to engage with our Services, we will use personal information about yourself provided to us to contact or identify you, such as your name, phone number, gender, your email address, reason(s) seeking an appointment with a healthcare professional, medical history and any other information that the Mental Health Professional might require from you. If you communicate with us by email or phone, any information provided in such communication may be collected as personal information (“Personal Information”). 6.2.The main reason we collect this Personal Information is to provide you a smooth, efficient and customised experience. 6.3.We may use your Personal Information to: a)Identify and reach you; b)Connect you with a Mental Health Professional c)Better understand your needs and interests. d)Run statistical research (such research will only use your information in an anonymous way and cannot be linked back to you). e)Detect and protect us against error, fraud, and other criminal activity. f)Make disclosures as may be required under applicable law. g)Improve our Website in order to better serve you. h)Allow us to better service You in responding to Your customer service requests. 6.4.We are dedicated to maintaining the privacy and integrity of your Personal Information. If you decide at any time that you no longer wish to receive certain communications from us, you can inform us by writing to panahcounsellingcollective@gmail.com. If your Personal Information changes, or if you need to update or correct your Personal Information or have any grievance with respect to the processing or use of your Personal Information, for any reason, you may send updates and corrections to us at panahcounsellingcollective@gmail.com and we will take all reasonable efforts to incorporate the changes within a reasonable period of time. 6.5.Please note that we are required to retain certain information in keeping with professional standards or by law for record maintaining purposes so we or the Mental Health Professional will continue to store this information to the extent permitted under applicable laws, even if you stop using our Services. There may also be residual information that will remain within our databases and other records, which, irrespective of any efforts by us to delete information, will not be removed from them. 6.6.Panah does not collect, store or otherwise access any personal information shared by you with the Mental Health Professional during a session. Panah does not warrant any safety of such information, mode of communication/transmission or storage. 6.7.Log Data: When you visit the Website, our servers automatically record information that your internet browser sends (“Log Data”). This Log Data may include information such as your device’s Internet Protocol (“IP”) address, browser type, device name, operating system version, the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Services, access times and dates, and other statistics. We may use this information to analyse trends, administer the site, track your location, gather broad demographic information for aggregate use, increase user-friendliness and tailor our Services to better suit your needs. 7. CONFIDENTIALITY AND INFORMED CONSENT 7.1.Panah maintains the confidentiality of information disclosed to it by its Users. The Mental Health Professional does not share with Panah any information gathered during personal consultation. The Mental Health Professional will take reasonable precautions to protect confidential information obtained through or stored in any medium. Information collected by the Mental Health Professionals may be shared with other mental health practitioners to ensure coordinated care, therapeutic excellence and safety. 7.2.If on exercising professional judgment the Mental Health Professional, in their sole opinion deems there is a threat to your or someone else’s well-being (cases involving harm to self or harm to others), the Mental Health Professional will at their sole discretion share your information with your emergency contacts, and other people deemed fit and essential to maintain safety, including but not limited to family, friends, relevant people in your organisation (if you avail Panah services through an organisational partnership) and law enforcement authorities, or to comply with applicable legal requirements. 7.3.If the Mental Health Professional receives knowledge of any criminal activity, including present or past abuse of minors, senior citizens or disabled persons, they may be obligated to share information with law enforcement authorities, and to comply with all legal requirements. In the event that you are required to seek a consultation from another mental health or medical professional, clinically significant information can be shared with the relevant professional with your consent. All reasonable attempts will be made to inform you before any information is shared with a third party outside Panah. Personal Information which is not personally identifiable may be used in aggregate or anonymised form for research and audit purposes. 7.4.If Panah or the Mental Health Professionals are required to make any disclosure of confidential information under law, or by order of an appropriate court or governmental authority, such disclosure shall be made with every reasonable attempt to safeguard the privacy of the individual. 7.5.If the User is accessing couples therapy or family therapy services, the Mental Health Professional may disclose Personal Information to the User's partner or family respectively in service of clinical excellence and ethical treatment. 7.6.Except for the reasons outlined above, the Personal Information shared on Panah will only be shared with others after permission has been granted by you orally or by way of email/letter/fax, and if you are accessing couples or family therapy services, the consent of your partner or family members respectively will also be required by Panah to share information. 8. SAFETY OF MENTAL HEALTH PROFESSIONALS While the Mental Health Professionals shall make utmost efforts to provide complete confidentiality during therapy to You, if during the course of such therapy sessions, the Mental Health Professionals believe it better serving to You and their own mental health and security, they may, at their own discretion discontinue the therapy sessions. Further, owing to their mental health and sense of security, they may prohibit contact with former clients. Mental Health Professionals may take all necessary steps to ensure security in the case of harassment or physically or sexually threatening behaviour towards the Mental Health Professional, including reporting to appropriate authorities, obtaining restraining order from the appropriate courts, or otherwise taking prohibitive action against You. In the course of taking such actions, the Your confidential information may have to be shared with appropriate authorities, law enforcement, legal advisors, and court officials. You acknowledge and agree that actions on your behalf which threaten the safety of the Mental Health Professionals shall waive any expectations of confidentiality with respect to any action taken to ensure such safety of the Mental Health Professionals. 9. THIRD PARTY DISCLOSURE Panah does not sell or trade your Personal Information to third parties. However, this does not apply to any storage or transfer to and from server/website hosting partners and other parties who assist us in operating our Website, conducting our business, or servicing you. We may also share your information when we believe it is appropriate to comply with the law, enforce our policies, , or protect ours or others’ rights, property, or safety. However, visitor information that is not personally identifiable may be provided to other parties for marketing, advertising, or other uses. 10. SECURITY 10.1.We employ standard administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorised access, use, and disclosure. When we collect, maintain, access, use, or disclose your Personal Information, we will do so using systems and processes consistent with industry standards in information privacy and security. In keeping with professional standards, Mental Health Professionals may maintain records of both online and offline sessions. 10.2. You will not hold Panah liable for any issue related to data storage and/or security either on the Website or by the Mental Health Professionals. 10.3. It is your responsibility to ensure the privacy and security of your email account and phone messages so they cannot be accessed by third-party. Panah or the Mental Health Professionals will use one or both of these channels to communicate with you regarding a range of information related to your psychological wellness. Panah shall not be liable for any breach in confidentiality, should your email or text messages be accessed by a third-party, with or without your consent. 11. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY 11.1.We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. 11.2.You agree to indemnify Panah against any breach in confidentiality. 11.3.We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 11.4.You agree that from time to time we may remove the Service (or part thereof) for indefinite periods of time or cancel the Service at any time, without notice to you. 11.5.You understand and agree that any interactions and associated issues with the Mental Health Professional is strictly between you and the Mental Health Professional. You shall not hold Panah and/or the Mental Health Professional responsible for any such interactions and associated issues. Panah is not responsible for any outcome between you and the Mental Health Professional you interact with. If you decide to engage with a Mental Health Professional to provide psychological wellness services to you, you do so at your own discretion and risk. 11.6.We make no representations concerning, and do not guarantee, the accuracy of the Services, including, but not limited to, any information provided through the Services or their applicability to your individual circumstances. 11.7.In no case shall Panah or its affiliates, Service providers, Mental Health Professionals or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Service or platform, even if advised of their possibility. 11.8.THE ADVICE OR INFORMATION PROVIDED BY MENTAL HEALTH PROFESSIONALS ON 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 MENTAL HEALTH PROFESSIONAL. 11.9.THE 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 OR THE APPROPRIATE EMERGENCY MEDICAL PERSONNEL. 11.10. 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. 11.11. YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE AND AVAILING OF SERVICES ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. PANAH IS NOT AND WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. 11.12. You understand that Panah 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. 11.13. 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 PANAH OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PANAH, 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. 11.14. PANAH 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 PANAH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 12. INDEMNIFICATION You agree to indemnify, defend and hold harmless Panah and our affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, Mental Health Professionals, suppliers, employees and interns, harmless against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Website or the breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You agree to indemnify Panah for any breach in confidentiality. If you access Panah through a third-party platform, you indemnify Panah against any data breaches that occur due to any acts of commission or omission from the third-party platform. 13. GOVERNING LAW This Agreement shall be governed by the laws of India, and the courts of New Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder. 14. MISCELLANEOUS PROVISIONS 14.1.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. 14.2.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. 14.3. No Waiver: No delay or omission by Panah to exercise any right or power occurring upon any noncompliance or default by You 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 by Panah. A waiver by Panah hereto of any of the covenants, conditions, or agreements to be performed by You 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). 14.4. Notices: Any notice required or permitted to be given to Panah 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 Panah. All notice required to be given under these Terms shall be addressed to: Tanvi Kankan, 69 Akashneem Marg, DLF Phase 2, Gurugram HR - 122002