TERMS & CONDITIONS
Seek Spark Health Care Network Private Limited is a private limited company, incorporated under the Companies Act, 2013 with its registered office at Chennai, Tamil Nadu (“Company”, “Seek Spark” "We", "Us", "Our" and terms of similar meaning). The Company provides access to www.seekspark.com and/or teleconferencing, messaging platform, mobile applications supported by Android and IOS and features and content etc. (“Platform”) to the user, viewer (“End User”) who register on any Platform to connect with counsellors registered with any Platform (“Consultants”) (such End Users and/or Consultants shall hereinafter be referred to as “You”, “Your” as applicable) subject to these terms and conditions of use as set out herein and as may be amended from time to time in the manner as set forth herein below("Terms"). Please read these Terms carefully before using any Platform.
Seek Spark provides Services (as defined below) to the End User and the Consultant subject to the terms and conditions contained herein and any other written agreement as may be entered into between the Consultant and the Company.
Seek Spark retains the right to deny access to anyone who we believe has violated any of these Terms or for any reason whatsoever at its sole discretion.
The Platform is a web/mobile based platform which facilitates End Users to connect with Consultants that are registered on our Platform. The Consultants are professionals providing counselling and therapy services. Consultants may include, but are not limited to, psychologists, psychiatrists, nurses, counsellors, social workers, and marriage and family therapists. The term Consultants shall include the individual Consultants registered with the Platform and their respective employees, agents, or independent contractors. The Consultants have no financial interest in Seek Spark.
- What are the Services provided on the Platform?
The Platform includes, without limitation, the following services (collectively, the “Services”):
- the facilitation of electronic Platform to connect End Users with the Consultants.
- the provision of appointment scheduling and reminders.
- facilitating online counselling sessions based on the appointments scheduled between the End User and the Consultant through the Platform by way of online, voicemail and chat interactions.
THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, PROVIDING PRESCRIPTION OF DRUGS OR OTHER PROFESSIONAL SERVICES BY SEEKSPARK. SEEKSPARK IS MERELY A TECHNOLOGY PROVIDER FACILITATING ACCESS TO ONLINE COUNSELING SERVICES (PROVIDED BY CONSULTANTS) THROUGH THE PLATFORM. THE CONSULTANTS SHALL NOT PRESCRIBE ANY DRUGS TO THE END USERS THROUGH THE PLATFORM.
THE CONSULTANTS REGISTERED ON THE PLATFORM ARE NOT EMPLOYEES OF SEEKSPARK.
Any information obtained from the Platform or its employees, Consultants, agents, partners, contractors, advisors or otherwise available on the Platform including third party links and contents is for informational and logistical purposes only.
- Express Consent to the Terms.
By accessing or using any Platform or by merely browsing any Platform or by using or receiving any Services supplied to You by Seek Spark, You hereby expressly acknowledge and agree to be bound by these Terms, policies and guidelines incorporated by reference in these Terms and any future amendments and additions to these Terms as published from time to time on any Platform. If You do not agree with these Terms in their entirety, You are not entitled to use any Platform or avail the Services provided by Us.
By using any Platform, You represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations.
These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. We shall on a best effort basis notify You of the changes to the Terms, however it is Your obligation to be aware of the changes to these Terms. Continued use of any Platform or Services after any such changes shall constitute Your consent to such changes.
- Not a Health Care Provider
While the Services may provide access to certain general medical information, and also may provide messaging functionality to contact your Consultant through the Platform, the Services cannot and are not intended to provide medical advice. The Consultants shall not and will not for any reason whatsoever prescribe any drugs to End Users through the counselling sessions facilitated through the Platform. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
To the extent medical advice is provided to you by a Consultant through the Services, such medical advice is based on your personal health data as provided by you and the local standards of care for your presenting symptoms, based on your use of the Services. You agree and understand that responses are not provided by Seek Spark, but are provided by your Consultant.
THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE PLATFORM REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR 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 OPEN CLINIC OR EMERGENCY ROOM.
THE PLATFORM 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.
YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM AND AVAILING OF SERVICES ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. SEEK SPARK IN DOES NOT AND WILL NOT IN ANY MANNER WHATSOEVER BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
- Payment Schedule and Mechanism
The End User shall be liable to pay the fee for each counselling session scheduled and booked with a Consultant on the Platform ( “Counselling Session”) based on the hourly rates of the concerned Consultant enlisted on the Platform (“Fee”). The Fee shall be exclusive of all taxes and the End User shall be liable to pay all taxes and statutory dues as are applicable in respect of each Counselling Session.
You agree to promptly pay all fees and charges for each Counselling Session immediately upon booking or scheduling a Counselling Session with a Consultant on the Platform.
All fees payable for the Services is due immediately and is non-refundable under any circumstance whatsoever. This no refund policy shall apply at all times regardless of any missed appointments or incomplete Counselling Sessions whether for cause or not.
There is no guarantee that the End User will be accepted as a registered user, or as a patient by one of our Consultants. Even if the End User is accepted as a patient by a Consultant, the Consultant shall retain the right to determine if the End User should be provided Counselling Sessions through the Platform. The Consultant may determine that online counselling services are not appropriate for some or all of the End User’s treatment needs, and accordingly may elect not to provide online counselling services to the End User through the Platform at the Consultants sole discretion.
The End User represents and warrants that (i) any credit information it supplies is true, accurate and complete in all respects and (ii) such End User shall be responsible to be in compliance of applicable law including but not limited to payment of applicable taxes.
You agree and understand that a cancellation or a missed appointment shall adversely affect the Consultant if the cancellation is not informed atleaset 24 hours prior to the scheduled Counselling Session.
You understand and agree that you will be responsible for a missed appointment fee equal to the fees you would have paid for the scheduled Counselling Session if you do not cancel a scheduled appointment at least one business day in advance.
- End User Accounts
In order to avail the Services the End User will be required to become a registered user of the Services by creating a Seek Spark account (“End- User Account”). Upon creation of the End- User Account the End User will be asked to choose a password. The End User will be solely responsible for any activities or actions taken under his/her/its End-User Account, whether or not you have authorized such activities or actions.
You must notify us immediately if you know or suspect that any unauthorized person is using your password or your End-User Account (for example, your password has been lost or stolen, someone has attempted to use the Services through your End-User Account without your consent or your End-User Account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.
By creating an End-User Account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. Seek Spark cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
EXCEPT FOR COUNSELING SESSIONS WHICH ARE NOT RECORDED OTHER THAN AS PROVIDED IN PARAGRAPH (H) (e) BELOW, ALL COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION SEEK SPARK’S MESSAGING PLATFORM, MAY BE MONITORED FOR QUALITY ASSURANCE, TRAINING AND OTHER PURPOSES. BY ACCEPTING THESE TERMS OF SERVICE, YOU CONSENT TO ANY SUCH MONITORING. SIMILARLY, ALL MESSAGES TRANSMITTED THROUGH SEEK SPARK’S SECURE MESSAGING PLATFORM ARE SAVED AND BECOME PART OF YOUR SEEK SPARK PROFILE.
Use of the Services by Children.
- Consultant Profile
The Consultant may use any of his/her personal email id’s to register and enlist himself or herself on the Platform. Upon registering with the Platform, the Consultant will be provided with profile pages for the Consultant to enable him/her to post relevant information about his/her education, training, experience, and areas of specialization (“Consultant Profile”). The Consultants registered on the Platform are solely and exclusively responsible for the content of their respective Consultant Profiles, and Seek Spark expressly disclaims any and all liability for the content of the Consultants Profiles, including, without limitation, the accuracy or reliability of any information contained therein. Seek Spark shall on a best effort basis endeavour to ensure qualified Consultants are enlisted on the Platforms. However, Seek Spark takes no responsibility (legal or otherwise) of any misrepresentation by any Consultant of their qualifications or experience.
If We believe that an account and password is being used / misused in any manner, We shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, You shall be entirely responsible for any and all activities that occur under Your account. We will not be liable for any loss that You may incur as a result of someone else using Your password or account, however, You could be held liable for losses incurred by Us or another party due to someone else using Your account or password.
If You register for an End-User Account or a Consultant having a Consultant Profile on any Platform, You agree to:
- provide accurate, current and complete information as may be prompted by any registration forms and all information provided in the Consultant Profiles on any Platform ("Registration Data");
- maintain the security of Your password;
- maintain and promptly update the Registration Data, and any other information You provide to Seek Spark and to keep it accurate, current and complete
- accept all risks of unauthorized access to the Registration Data and any other information You provide to us. You are responsible for all activity on Your End-User Account or the Consultant Profile as the case maybe, and for any charges therein.
- not authorize others to use Your End-User Account or the Consultant Profile as the case maybe.
- You may not assign or otherwise transfer Your End-User Account or the Consultant Profile as the case maybe to any other person or entity.
- Access and Use
Your access and use of any Platform and Services is subject to the following representations and warranties:
- You may only access any Platform or Services using authorized and lawful means.
- Seek Spark shall not be liable for any failure or default to provide access to any Platform or Services on account of any failure or delay by You to register with any Platform for such access.
- Any configuration or set up of the Devices for access to any Platform and the Services shall be Your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not be limited to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones.
- The Company reserves the right to prevent access should You be using any Platform or Service with an incompatible or unauthorized Device;
- You will not take any action that interferes with, degrades or adversely affects the Company and/or the Services and/or any Platform;
- You will not use any Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security any Platform;
- You will not use any Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content;
- You will not use the Services to collect or store personal data about other users without their express permission;
- You will not knowingly include or use any false or inaccurate information in the Registration Data;
- You will ensure that any Platform are not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, any Platform or any other software, hardware, services or data;
- You will not attempt to gain unauthorised access to any accounts, computer systems or networks connected to any Platform, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
- You will not use any Platform to develop, or to assist anyone in developing a competitive product or service or for other competitive purposes;
- You will refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to Platform or attempt to do so, or acquiesce, authorise or encourage any other party to do the same;
- You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to Seek Spark’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
- You acknowledge that from time to time, Seek Spark may apply Upgrades (hereinafter defined) to any Platform, and that such Upgrades may result in changes the appearance and/or functionality of Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use any Platform, or portions thereof. “Upgrades” means new versions of, and updates to, Platform whether for the purpose of fixing an error, bug or other issue in any Platform or enhancing the functionality of Platform.
- The Consultant represents and warrants that he/she/it holds all the valid licenses and permits required to provide Counselling Sessions. In the event the End User is not a resident of India, the Consultant shall ensure that he/she is in compliance with all applicable laws as may be applicable in the jurisdiction of such End User towards providing such Counselling Services and the Consultant represents and warrants that he/she holds all the valid licenses and permits required in such other jurisdictions while providing counselling services to End Users who are not residents of India. There is no court order, decree or proceedings pending or threatened against the Consultant that would render the Consultant incapable of providing Counselling Sessions through the Platform. The Consultant represents and warrants that all Counselling Sessions and advise provided in any Counselling Session is in accordance with the applicable laws and standard medical practices and code of conducts as applicable.
- All Consultants available through the Services represent that they have degrees, licenses and/or certifications, as applicable, in the areas of psychology, psychiatry, marriage and family therapy, clinical social work, or counselling as the case may be. Seek Spark is not responsible for credentialing Consultants, makes no representation regarding the accuracy of Consultant’s credentials, and expressly disclaims any liability for fraudulent credentials or claims by Consultant. We recommend that you separately confirm that your Consultant’s is in good standing with his or her respective licensing board(s). Seek Spark shall on a best effort basis endeavour to Seek Spark shall on a best effort basis endeavour to ensure qualified Consultants are enlisted on the Platforms. However, Seek Spark takes no responsibility (legal or otherwise) of any misrepresentation by any Consultant of their qualifications or experience.
- Specific Terms applicable to Consultants.
The below mentioned specific terms (“Specific Terms”) governs the Consultants use of the Platform to provide behavioural health counselling services to End Users, solely in accordance with the Consultant’ s duties and obligations as a provider of such services. Use of the Services is expressly conditioned on (i) Consultant’s compliance with his/her professional duties as a licensed, registered or certified professional; and (ii) acceptance of this Terms and Specific Terms. The obligations set forth in this Specific Terms are in addition to, and not in lieu of, your professional and legal obligations as a provider of behavioural health counselling services. If you are unable to simultaneously comply with your obligations under this Specific Terms as well as your professional and legal obligations, you may not use the Services.
- You are, and will be at any time that you use the Services and the Platform, licensed, registered or certified, as applicable, in good standing, and shall meet all other legal requirements, to provide counselling services to End Users using the Platform.
- At any time that you are no longer licensed, registered or certified, as applicable, or otherwise permitted under any law to provide counselling services to End Users, you will immediately cease to use the Services and the Platform to provide counselling services and shall notify Seek Spark of such restriction or cessation.
- Your use of the Platform does not violate any applicable law or regulation.
- You hereby consent to Seek Spark posting your Profile and a picture of yourself on the Platform.
- You will personally provide the counselling services provided using the Services and Platform. You agree to give Seek Spark not less than thirty (30) days prior written notice if you decide to stop accepting new clients, plan leave that will exceed one week in duration, or will cease using the Services and Platform. You acknowledge that it is your obligation to ensure a proper transition of care for any End User for whom you will no longer provide counselling services.
- You will respond to End User scheduling requests within a reasonable amount of time, but in no event more than one business day after receipt of an End User’s request for an appointment.
- You acknowledges that in the course of performing services or work under these Terms, you may be given access to resources, information, and materials which are owned by Seek Spark, its subsidiaries or affiliates, and/or owned by third parties and in the possession of or licensed to Seek Spark, and which constitutes valuable resources, confidential and/or proprietary information, know-how, and trade secrets belonging to Seek Spark its subsidiaries or affiliates, and/or third parties (hereinafter referred to as “Confidential Information”). You hereby agree to hold the Confidential Information in strict confidence and not to disclose it or otherwise make it available to any person or third party without the prior written consent of Seek Spark. You agree that all Confidential Information shall be used only for the purpose of providing behavioural counseling services on the Platform under these Terms and shall not be produced, copied, in whole or in part, except as specifically authorized and in conformance with Seek Spark’s instructions when necessary for the purposes set forth herein. You shall return all Confidential Information, together with any copies, reproductions or other records thereof in any form, to Seek Spark at such time as you cease using the Services and the Platform.
- If you believe the security of your profile or email access has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services under your user name without your consent or your accounts have been accessed without your permission), you must notify us immediately. We reserve the right to deny your access to the Services or any part thereof, in order to maintain or restore security or performance to the Platform or any other Seek Spark sites and systems.
- An End User may submit medical history and other personal information on the Platform and authorize you to have access to such information in advance of an appointment, all information provided during the Counselling Session and all notes and inferences of the Consultant created during or post a Counselling Session in respect of the particular End User (“End User Personal Information”). You acknowledge, agree, release and indemnify Seek Spark from all claims and liabilities arising out of your failure to have the End User confirm the End User Personal Information or arising out of any omissions or errors in any End User Personal Information provided through the Services.
- For consideration of use of the Platform, the Company shall pay such Fee as may be mutually agreed by the Consultant and the End User within a period of 5 (Five) days from the Company having received the amount from the End User.
- The Consultant shall not directly or indirectly solicit any End User registered with the Company to cease or discontinue the use of the Services on the Platform unless in the medical opinion of the Consultant the concerned End User requires individual medical care and diagnosis. In the event the Consultant is of the opinion that an End User requires individual and physical medical care, the Consultant shall inform the Company. Seek Spark shall have the right to forthwith discontinue access to the Services on the Platform to the concerned End User.
- You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.
- We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Platform, resulting in interrupted service, delays or errors in the Platform. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
- Your Consultant Profile may be removed and your participation may be terminated without warning if Seek Spark believes that you are in breach of any of the foregoing Specific Terms.
- Intellectual Property Rights
You hereby acknowledge that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, etc.) and other proprietary rights in and in relation to any Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to an Consultant, End User, other third party) shall vest wholly completely and fully with the Company throughout the territory of the world and You shall have no right or claim to such intellectual property in any manner whatsoever.
By accepting these Terms and using any Platform, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) Your violation or breach of these Terms or any applicable law or regulation; (ii) Your violation of any rights of any third party, including End Users and Consultants (as the case may be) connected through any Platform; (iii) Your use or misuse of any Platform or Service; or (iv)any and all third-party claims based upon the content of any communications transmitted by You.
- Disclaimer of Warranties
- Seek Spark hereby explicitly and specifically disclaims any and all representations, warranties or guarantees, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of quality or fitness for a particular purpose.
- The Platform is provided to You strictly on an "as is" basis. Notwithstanding anything contained in these Terms, Seek Spark does not warrant that any Platform: (i) will perform error-free or uninterrupted, or that Seek Spark will correct all or any errors or defects (ii) will operate in combination with Your Devices, or with any other hardware, software, systems or data not provided by Seek Spark, (iii) will meet Your requirements, specifications or expectations.
- You further acknowledge that Seek Spark does not control the transfer of data over communications facilities, including the internet, and that any Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; We are not responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Platform that arise from the Your content or third party content.
- Seek Spark does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content including but not limited to any information pertaining to any Consultant.
- Seek Spark gives no indemnity as to the correctness of the information or the data given on the Platform or through any of its features, applications or products. Seek Spark shall not be liable for any loss or damage arising directly or indirectly from use of the data, features, applications, products provided by the Company and available on the Platform.
- In respect of any information provided on the Platform pertaining to mental health, the views provided on the Platform are the opinion of the author, or the person so providing those views. These are not the views, opinions of Seek Spark Health Care Network Private Limited or any of its employees or directors or officers.
- YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE website, PLATFORM AND/or availing or providing ANY SERVICES REMAINS SOLELY WITH YOU.
- Limitation of Liability
- Notwithstanding anything contained elsewhere in these Terms, in no event shall Seek Spark be liable to You or anyone claiming under You for the cost or loss including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence or medical negligence), strict liability or otherwise. The limitations set forth in this section shall apply even if You are advised of the possibility of such damage.
- In no event or circumstance will the Company be under any liability to make good any loss whether by way of any monetary payment or otherwise.
- Seek Spark may connect the End User to Consultants for the purposes of providing Services. We will not assess the suitability, legality or ability of any Consultant and End User expressly waive and release Seek Spark from any and all any liability, claims or damages arising from or in any way related to the Consultant.
- Seek Spark will not be a party to disputes, negotiations of disputes including but not limited to payments between the End User and any Consultant.
- Responsibility for the decisions You make regarding availing the Services through a Consultant connected through any Platform, (with all its implications) rests solely with the End User.
- The quality of the Counselling Sessions scheduled through the use of any Platform is entirely the responsibility of the Consultant who ultimately provides such Counselling Sessions to the End User and that the End User’s use of any Platform shall be at his/her/its own risk and costs.
- Seek Spark or anyone else involved in administering, distributing or providing any Platform further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to Your Devices when accessing any Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
- Important Disclaimer
- Seek Spark does not provide medical mental health care services. Your medical care and your mental health care are solely the responsibility of you and your Consultant(s). Under the Services, mental health advice and services are provided exclusively by Consultants. Seek Spark merely supports Consultants by providing them with a limited license to use our Platform’s intellectual property rights in the manner as contained in these Terms.
- Any Platform or Services contain links to or otherwise makes available third party products and services, including websites. Only Consultants registered on any Platform can provide counselling which may be scheduled through use of any Platform in accordance with these Terms. We merely offer information pertaining to such Consultants based on the End User’s preference and does not intend to provide counselling services or act in any way as a Consultant.
- We do not in any manner endorse or guarantee the quality of Counselling Sessions provided by any Consultant registered on our Platform.
- WE ARE NOT RESPONSIBLE FOR OR LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF YOUR DEALINGS WITH SUCH CONSULTANT INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY ON ACCOUNT OF LOSS OR DAMAGE WITH RESPECT TO COUNSELLING AND ADVISORY SERVICES AND SESSIONS SCHEDULED THROUGH THE PLATFORM.
- Your recourse in the event of any such claim with respect to any Consultant with respect to counselling and advisory services and sessions scheduled through the Platform, including any third party content, is solely against the relevant Consultant. In no event will any agreement between End User and any Consultant be binding on us or impose upon us any additional obligations, or any obligations inconsistent with these Terms.
- Seek Spark shall not be held liable for any opinions, customer reviews or comments posted by any End User on any Platform in respect of counselling and advisory services and sessions scheduled through the Platform provided by the Consultant through any Platform.
We may discontinue offering our Services or Platform and we may suspend or terminate your right to use our Services or Platform at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, Seek Spark will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Consultants are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Upon termination of your right to use our Services or Platform or our termination of the Services or Platform, all licenses and other rights granted to you by these Terms will immediately terminate.
The End User may terminate his/her Account or Profile at any time and for any reason by sending Seek Spark notice or deactivating his/her Account or Profile (as the case may be). Upon any termination by the End User, your Account or Profile (as the case may be)will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Seek Spark.
Any suspension, termination, or cancellation will not affect your obligations to Seek Spark under these Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Section J (Intellectual Property Rights), Section L (Disclaimer of Warranties), Section N (Important Disclaimers), Section K (Indemnification), Section M (Limitation of Liability), Section Q (General Terms), and Section R (Governing Law) shall survive and remain in full force and effect, but the provisions of Your License to use the Platform shall be suspended, terminated or cancelled, as the case may be.
- Errors and Inaccuracies.
The information on the Platform including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. Seek Spark reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Seek Spark will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. Seek Spark reserves the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Platform, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
Use of the Platform by the End User
No part of the Platform may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any purpose whatsoever, without the Company’s express prior written consent.
You shall not use any “deep-link”, “page-scrape”, , “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 Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information or content through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to the Company server, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information of any other user of or visitor to the Platform, including any Seek Spark account not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform. You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You shall not use the Platform for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or the others users.
In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the Platform in any way, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
- To the extent that anything in or associated with any Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of any Platform.
- No joint venture, partnership, employment, or agency relationship exists between any Consultant and the Company as a result of these Terms or use of any Platform. The Consultant shall not be permitted to enter into any contract (whether oral or in writing) which may impose any direct or indirect obligation or liability on the Company in respect of any third party including the End-User.
- If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
- These Terms is personal to you and you may not assign these Terms or your rights to the Services or obligations to any other party. We expressly reserve the right to assign these Terms and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under these Terms to independent contractors or other third parties.
- We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
- These Terms have been provided in good faith through arms’ length negotiations. Nothing contained in these Terms, including any compensation paid or payable, is intended or shall be construed: (i) to require, influence or otherwise induce or solicit a party or any of its affiliates regarding referrals of business, or recommending the ordering of any items or services, of any kind whatsoever to any of the other parties or their affiliates, or to any other person; or (ii) to interfere with an End User’s right to choose his or her own Consultant or health care provider.
- Governing Law
- These Terms shall be governed and construed under the laws of India and the courts of Chennai shall have exclusive jurisdiction.
- Contacting Us.
We encourage you to contact us at firstname.lastname@example.org if you have any questions concerning our Terms.
Last Revised: 14th March 2016