This document is an electronic record in accordance with (i) the Information Technology Act of 2000; (ii) the rules enacted thereunder as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act of 2000. This electronic record is produced by a computer system and does not require physical or digital signatures.
The Appointment Booking Platform is owned and operated by the Benzaiten Communications (hereafter referred to as “BENZAITEN COMMUNICATIONS” or “we”, “our”, “us”), a Sole Proprietor, having its registered office at GREATER KAILASH, NEW DELHI, INDIA, 110024
These terms of service govern your use of the Booking Platform and the Services offered on it. You and the individual(s) for whom the Services of this Platform are availed (jointly referred to as the “User”) are deemed to have read, understood, and accepted to be bound by these Terms by using or visiting the Platform. Do not use this Platform/Services if you do not agree to these Terms. Because these Terms constitute a legal contract between you and BENZAITEN COMMUNICATIONS, it is critical that you carefully read them before accessing or using the Platform.
1.1 The Appointment Booking is only available to persons over the age of eighteen (18) years. We reserve the right to deny the User access to the Booking Platform if it is brought to our attention or discovered that they are under the age of eighteen (18) years and are accessing this Platform without the consent and guidance of a parent or a legal guardian.
1.2 This Platform is operated and owned by BENZAITEN COMMUNICATIONS which is located in New Delhi, India. Any agreement between you and the service provider shall be governed by the laws of New Delhi, India, and fall exclusively under New Delhi jurisdiction with respect to any dispute arising.
2.1 By booking through this Platform, you consent to avail consultation via Telecounseling (i.e., counselling conducted in distance mode via video/audio calling). You agree that you know the potential risks, consequences, and benefits of Teleconsultation.
3.1 We reserve the right to charge fees (referred to as ‘Supervision Fee’ on the platform) for audio and/or video-based consultation/therapy sessions. We will inform the User of the applicable charges for the said service before they use it.
3.2 The supervision fee levied on each transaction is for the peer-based clinical supervision of each consultant to improve the clinical outcomes.
3.3 In the case of audio/video sessions, if the User(s) fails to appear at the scheduled time of the session, the booking fee and session will be treated as consumed, and BENZAITEN COMMUNICATIONS will issue no refunds for the same.
3.4 No-shows (i.e., failing to attend the session at the scheduled time) for sessions booked under any mode of contact (audio/video) are treated as availed services, and no refund or rescheduling will be provided by BENZAITEN COMMUNICATIONS in such a case.
3.5 User(s) can make payments through the payment modes made available on the Booking Platform.
3.6 The User agrees and accepts that all nuances and modalities relating to payment via PayPal/Debit/Credit Cards (“Virtual Payment Mode”) will be governed separately by arrangement(s) / terms and conditions between the User and the relevant banks. BENZAITEN COMMUNICATIONS will not be held liable in any way for any liability that may arise as a result of the Virtual Payment Modes (including any fraudulent transaction).
3.7 BENZAITEN COMMUNICATIONS will not be responsible or assume any liability in respect of any loss or damage arising directly or indirectly to the User as a result of (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 while using any of the payment method(s) available on the Booking Platform.
3.8 User(s) of this Platform and its Services understand, accept, and agree that the payment service provided by the Platform is not a banking or financial service.
3.9 BENZAITEN COMMUNICATIONS reserves the right to change the charges for Services on the Booking Platform at any time and without prior notice to the User. Any such modification will be binding and effective on the User.
4.1 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 Platform. 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.
4.2 In the event of a dispute regarding any transaction and/or session conducted via the Platform, you hereby relieve BENZAITEN COMMUNICATIONS, 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.
5. Dispute resolution and arbitration
5.1 All disputes, differences, etc., arising under this agreement between the parties shall be finally settled under the Arbitration & Conciliation Act 1996 and rules defined thereunder from time to time, by an Arbitral Tribunal consisting of Three Arbitrators appointed in accordance with the said Rules. The award shall be final and binding, and enforceable in any court of competent jurisdiction. The arbitration shall be held in Delhi, India, in the English language. The parties undertake and agree that all arbitral proceedings conducted with reference to this Article shall be kept strictly confidential, and all information disclosed in the course of such arbitral proceeding shall be used solely for the purpose of those proceedings.
5.2 The arbitrators shall give a reasoned award. The award passed by the majority of the Arbitrators shall be final and binding on both the Parties.
5.3 The fee and other expenses of the Arbitrators nominated by the respective Party shall be borne by the Party nominating the Arbitrator. The fee and other expenses of the third Arbitrator and other Arbitrators’ expenses shall be shared equally by both the Parties.
5.4 The venue of such arbitration shall be New Delhi, India, and the language of proceedings shall be in English
6.1 If any provision in the agreement is held to be invalid or unenforceable in whole or in part by any Court of competent jurisdiction, the validity of the other provisions of the agreement shall not be affected thereby, and the Parties shall make alternative provisions to reach as close to the intention of such invalid or unenforceable provision as possible.
7. Governing laws and jurisdiction
7.1 This Agreement shall be construed and interpreted in accordance with and governed by the laws of the Union of India. The local court of New Delhi and Hon’ble High Court of New Delhi shall have exclusive jurisdiction over all matters arising out of or relating to this agreement.
8. Ownership of the Platform
8.1 Benzaiten Communications owns or licenses the content on this Platform. All rights in the Benzaiten Communications content are owned and retained by the Benzaiten Communications. You/User(s) will not remove, alter, or conceal any copyright, trademark, or service mark accompanying the BENZAITEN COMMUNICATIONS Content.
8.2 The BENZAITEN COMMUNICATIONS name and logo are trademarks of the Benzaiten Communications and may not be copied, imitated, or used in whole or in part without the prior written permission of the Benzaiten Communications, except with prior consent.
9. Use of the Platform (and Services) and Conduct
9.1 You/User(s) may only use the Booking Platform for lawful purposes. You/User(s) shall not post or transmit through the Booking Platform or during the use of any of its Services any material that violates or infringes the rights of others or that 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 applicable law.
9.2 You/User(s) agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Booking Platform in any medium; (ii) transmitting spam, chain letters, or other unsolicited email by making use of the Services or the Platform; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Booking Platform; (iii) taking any action that imposes, or may impose in our sole estimation an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Booking Platform; (v) collecting or harvesting any personally identifiable information, including account names, from the Booking Platform; (vi) using the Booking Platform for any commercial purposes without having all necessary rights and licenses to the User Content (defined below); (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 Booking Platform; (ix) accessing any content on the Platform through any technology or means other than those capabilities provided by the Booking Platform; or (x) bypassing the measures we may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Booking Platform or the content therein.
9.3 You/User(s) are solely responsible for your actions, and any information you/User(s) submit, post, or display on or through or about the Booking Platform and its Services. BENZAITEN COMMUNICATIONS shall have no liability for your/User(s) actions in connection with your/User(s) use of the Platform. Violations of these Terms may result in legal implications as prescribed by applicable laws.
THESE SERVICES ARE NOT FOR EMERGENCY USE. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE GO TO THE NEAREST HOSPITAL OR HEALTH CARE PROVIDER.
THE BOOKING PLATFORM IS NOT A HELPLINE FOR SUICIDE. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE, OR IF YOU THINK YOU ARE A DANGER TO YOURSELF OR 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. Privacy and Security
11.2 You/User(s) understand and agree that BENZAITEN COMMUNICATIONS cannot guarantee that unauthorized third parties will never be able to circumvent our security measures or improperly use your/User(s) personal information. You/User(s) understand and agree that you are providing your personal information at your/User(s)’ own risk.
12.1 BENZAITEN COMMUNICATIONS reserves the right to terminate these Terms at any time for any reason. BENZAITEN COMMUNICATIONS reserves the right, with or without prior notice, to restrict, suspend, or terminate the User’s access to and use of the Booking Platform. Sections of the Terms that are otherwise applicable will survive termination. BENZAITEN COMMUNICATIONS reserves the right to enforce and prosecute any violations of these Terms, in addition to any termination rights.